Wednesday, July 29, 2009

July 27, 2009


BETHANY ZONING BOARD OF APPEALS - CANCELLATION NOTICE

The regularly scheduled meeting for Monday, August 10, 2009, has been cancelled.

The next regularly scheduled meeting is Monday, September 14, 2009.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Zoning Board of Appeals
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, JULY 13, 2009 Page 1 of 4


The regular meeting of the Zoning Board of Appeals was called to order at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board members were present:
Carol Goldberg, Chair
Steven Massey, Member
Ruth Beardsley, Member
James Gugliotti, Member
Michael Hendrick, Alternate Member, seated as a regular member.
Bradford Buchta, Alternate Member
Ben Rosenbloom, Alternate Member

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


ELECTION OF OFFICERS

It was moved by Beardsley and seconded by Massey to nominate Carol Goldberg as Chair for the Zoning Board of Appeals for the 2009 to 2010 term. Unanimous approval.

It was moved by Massey and seconded by Gugliotti to nominate Ruth Beardsley as Vice-Chair for the Zoning Board of Appeals for the 2009-2010 term. Unanimous approval.

It was moved by Beardsley and seconded by Gugliotti to nominate Steve Massey as Secretary for the Zoning Board of Appeals for the 2009-2010 term. Unanimous approval.


MINUTES

It was moved by Beardsley and seconded by Massey to approve, as submitted, the minutes of the June 8, 2009, regular meeting.
Unanimous approval.

It was moved by Massey and seconded by Beardsley to approve, as submitted, the minutes of the June 29, 2009, special meeting.
Unanimous approval.


BILLS

1. It was moved by Beardsley and seconded by Massey to approve the payment of a bill for $95.00, dated July 13, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (57 Edwards Road).
Unanimous approval.




PUBLIC HEARING – 57 EDWARDS ROAD

Chair Goldberg opened the public hearing at 8:06 p.m.

Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Debra Colaci for property located at 57 Edwards Road for an 11.6-foot variance of the front yard setback to allow a 38.4-foot front yard setback and for a 10.4-foot variance of the side yard setback to allow a 39.6-foot side yard setback for the installation of a inground pool.

Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg stated the applicant requested a waiver of the T-3 topographic survey requirement. The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Hendrick, Rosenbloom, Buchta.

Present for the public hearing was Debra Colaci, applicant and owner of record, and her father, William Edwards of 61 Edwards Road.

Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and of the public hearing and that the applicant needs to provide evidence at the time of the public hearing by submitting the green return receipt cards. Ms. Colaci submitted an affidavit of mailing and green cards (Exhibits 1A, 2A, and 3A).

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Affidavit of Mailing, dated July 10, 2009, to neighbors within 100 feet of the subject property with attached letter that was sent to neighbors.
b) Exhibit 2A – Letter from Beth Richter of 45 Edwards Road, dated July 12, 2009, Re: Receipt of notification of application.
c) Exhibit 3A- Three Green Return Receipt cards from the following:
· (1) – Mr. and Mrs. Donald Husted of 65 Edwards Road.
· (2) – Mrs. Marge Flickinger of 49 Edwards Road.
· (3) – Mr. and Mrs. William Edwards of 61 Edwards Road.
d) Exhibit 4A – Copy of old A2 map stamped by Quinnipiack Valley Health District dated June 15, 2009, showing the septic system.
e) Exhibit 5A – Email from Cindy Gaudino of Connecticut Water Company dated June 30, 2009, Re: 57 Edwards Road, property not located on Connecticut Water Company watershed.
f) Exhibit 6A – Email from Michael Guaglionone of the SCC Regional Water Authority dated July 6, 2009, Re: 57 Edwards Road, not on Regional Water Authority watershed.
g) Exhibit 7A – Submitted by applicant list of abutting landowners next to 57 Edwards Road.
h) Exhibit 8A – Submitted by Michael Hendrick, ZBA alternate member, fifteen photographs of the subject property.

Ms. Colaci explained her desire to install an inground pool and the need for a variance due to the steep hill, ledge and outcroppings of rocks on the property.




Board members questioned Ms. Colaci as to other locations on the property where the pool could be installed but due to the land being topographically challenged there seemed to be no other location that would work for the installation of the pool.

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.

Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were no comments.

Isabel Kearns, Zoning Enforcement Officer, stated that there is a hardship of the land and that the land is topographically challenged.

At 8:37 p.m., Chair Goldberg closed the public hearing on the subject application.


DELIBERATION AND DECISION MAKING SESSION

Board members discussed the application and proceeded to deliberate.

57 Edwards Road – It was moved by Goldberg and seconded by Hendrick to grant the approval of the application submitted by Debra Colaci for property located at 57 Edwards Road and shown on Assessor’s Map #115, Lot #6, requesting a variance of Sections 3.4 and 4.1.C of the Bethany Zoning Regulations, specifically for an 11.6-foot variance of the front yard setback to allow a 38.4-foot front yard setback and for a 10.4-foot variance of the side yard setback to allow a 39.6-foot side yard setback for the installation of an inground pool.

The variance is granted subject to the following conditions:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.

Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) Special conditions and circumstances exist which are unique to the subject property which are specifically the amount of ledge throughout the entire property.
2) The variance will be in harmony with the general purpose and intent of these Regulations.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Hendrick.
Unanimous approval.





ADJOURNMENT

It was moved by Massey and seconded by Gugliotti to adjourn the regular meeting at 8:45 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
For the Zoning Board of Appeals
Bethany Conservation Commission

July 23, 2009
(unapproved)


The meeting was called to order by chairman Ken Martin at 8:05 PM. Also in attendance were Audrey Eisenstadt and Bruce Loomis.

The minutes of June 25, 2009 were read and corrected regarding the “farm pond” on the Woodlot Farm proposal. It now reads “The farm pond will not be permitted in the wetlands (as per SCCRWA) but will be permitted in the buffer”. Bruce moved to accept as corrected and Ken seconded – motion passed.

The minutes of April 15, 2009 were re-reviewed and three corrections made:
1) Start time corrected to be 7:30 PM
2) In section 4b – “Research item – what did the Airport study report propose” was deleted.
3) The time of adjournment was filled in as 9:35 PM.
Audrey moved to accept and Bruce seconded – motion passed.

Ken reviewed a list of minute dates from the Town Clerk that were reported as missing. Only June 11, 2009 remains unaccounted for. Will Brinton took the minutes and is out of town at the present time.

The commission received a thank you note from Doug Rives. Doug was awarded one of the two conservation awards at Bethany Community School.

The Woodlot Farm/J.P. Garcia subdivision proposal now has the additional wording “no agricultural activity in the wetland area” as part of the approval requirements.

Ken reported that the Conservationist Of The Year plaque still has to be updated for recent recipients not yet added.

The meeting was adjourned at 8:35 PM.

Respectfully submitted,


Bruce Loomis
Secretary Pro-tempore

Monday, July 20, 2009

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS SPECIAL MEETING OF MONDAY, JUNE 29, 2009 Page 1 of 5



The Special Meeting of the Zoning Board of Appeals was called to order at 8:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair
Steven Massey, Member
Ruth Beardsley, Alternate Member, seated as a regular Member
James Foley, Alternate Member, seated as a regular Member

The following Board members were absent:
David Forman, Member
Brian Sackett, Alternate Member

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


It was moved by Foley and seconded by Beardsley to approve the payment of a bill for $95.00, dated June 29, 2009, from John McLeod for recording services for the public hearing (184 Sperry Road). Unanimous approval.


CONTINUATION OF PUBLIC HEARING – 184 SPERRY ROAD

Chair Goldberg opened the continuation of the public hearing at 8:05 p.m.
MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION SPECIAL MEETING OF MONDAY, JUNE 29, 2009 Page 1 of 2

The special meeting of the Inland Wetlands Commission was called to order at 7:30 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
Jack Ellison, Member
John Kane, Member
Kristine Sullivan, Alternate Member, seated as a Member

The following members of the Commission were absent:
Alexandra Breslin, Vice-Chairman
Jon Painter, Member

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


Discussion and possible action pertaining to Application #1125 submitted by The Learning Collaborative (Gina McCaffrey) for an Inland Wetlands Permit for a Site Plan to construct fire escapes, sidewalks, generator pad and apron located at 171 Amity Road.

Present for this application was John Paul Barcia, P.E./L.S., representing the applicant, and Gina McCaffrey, the applicant.

Mr. Garcia submitted and reviewed three photographs of the area of the roof and building where the Commission has concerns about the roof runoff. Mr. Garcia stated there is no indication of erosion from any roof runoff. Commission members discussed and proceeded to deliberate.

It was moved by Ellison and seconded by Kane to approve 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 in accordance with the submitted plan entitled, “Site Construction Plan, Bernard Burge Interiors”, submitted May 22, 2009, by the applicant and with the standard conditions found on the Land Records Volume 93, Page 802 and Page 803. Unanimous approval.


It was moved by Sullivan and seconded by Kane to adjourn the regular meeting at 7:43 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission
BOARD OF SELECTMEN
JUNE 22, 2009
Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Walter Briggs, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Randy Raddatz, Arnold Riley, Craig Stahl, Donald Shea, Patrick Geoghagan

First Selectwoman Gorski called the meeting to order at 7:35 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was signing of payroll and accounts payable checks. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the previous meeting. The motion was moved by Selectman Thornquist and seconded by Selectman Briggs. Selectman Thornquist moved to correct the word than to then the money under the Amity Surplus paragraph. The amended minutes were then accepted on a unanimous vote.

ADDITION TO AGENDA
Selectman Briggs moved to add Appointment of Fire Inspector, Clean Energy Agreement and Appointment of Representative to Greater New Haven Transit District all to the agenda of this meeting. Selectman Thornquist seconded the motion. The vote taken was unanimous.

APPOINTMENT OF FIRE INSPECTOR
Fire Marshal Roderick White recommended the appointment of Jeff Purcell Jr. to serve as Fire Inspector for the Town of Bethany. The motion of appointment was moved by Selectman Briggs and seconded by Selectman Thornquist. The vote was called. The vote taken was unanimous.

APPOINTMENT OF REPRESENTATIVE TO GREATER NEW HAVEN TRANSIT DISTRICT BOARD
First Selectwoman Gorski called for a motion to appoint Katheryn Weiss as Bethany’s representative to the Greater New Haven Transit District Board. Selectman Thornquist moved the motion. Selectman Briggs seconded the motion. The vote was called. The vote was unanimous.

CLEAN ENERGY AGREEMENT
Selectman Thornquist moved a resolution authorizing First Selectwoman Gorski to sign the Clean Energy Agreement with Amity Regional District #5. Selectman Briggs seconded the motion. The vote taken was unanimous

TAX REFUNDS
Selectman Briggs moved to refund to Betty Roberson the sum of $22.93, and to DCFS Trust the sum of $300.30 all for overpayment of taxes. The motion was seconded by Selectman Thornquist. The vote was called. The vote taken was unanimous.

SIGN CARRINGTON CEMETERY DEEDS
All Selectmen signed five cemetery deeds for Carrington Cemetery. Attorney Kevin McSherry witnessed each deed.



HOMELAND SECURITY GRANT
First Selectwoman Gorski reports that Roderick White, Fire Marshal has received a $5,000 grant from the State of Connecticut Homeland Securities for the purchase of a radio.

OTHER
Patrick Geoghagan was present to report that the noises from Laticrete Internationl , which have been disturbing the residents of Bethridge Road, are much less since the meetings that were held. Geoghagan thanked the Selectmen for their help solving this problem.

WOODING HILL ROAD DRAINAGE PROBLEM
Craig Stahl was present to voice his concern that nothing has been done to correct the drainage problem coming from 268 and 270 Wooding Hill Road. The problem caused an icing problem on Wooding Hill Road. The open trench on the common driveway for the two homes is also a dangerous situation.

ADJOURNMENT
Adjournment was called at 7:50 p.m. after a motion was moved by Selectman Briggs and seconded by Selectman Thornquist.

Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen

Tuesday, July 7, 2009

DISTRICT ANIMAL CONTROL
Serving the Towns of Bethany – Orange - Woodbridge
Phone @203) 389-5991

135 Bradley Road
Woodbridge, CT 06525

Approved Minutes for DAC Board Meeting May 14, 2009
Present: James Zeoli, Fred Dray, Joseph Hellauer, Cheryl Lipson, Joan Blaskey, Brian Laubstein, DVM, Pamela Andreson, Clerk
Staff: Paul Niedmann, Mary Culmo, Dottie Bedan
Public: Bridget Albert, Jeanine Russo, Margie Schenk, Tom Hunt, Judy Umstead

1) Meeting was called to order by Chairperson Zeoli at 7:33 PM.
2) Pledge of Allegiance was recited.
3) Introductions.
4) Public Participation: No Public Participation.
5) Review and approval of March 25, meeting. Lipson had some corrections for the minutes. Hellauer/Blaskey made motion to approve minutes as corrected. All in favor.
Review and approval of April 16, 2009. Lipson requested that the hours of operation be added. Hellauer/Dray made motion to approve minutes as corrected. Zeoli, Hellauer, Dray and Blaskey approved. Lipson and Laubstein abstained.
6) Census – Paul Neidmann: Total intake, 14 animals. Five redeemed, 1 sold as pet, 1 euthanized. One animal carried over, and is to go to the Simon Foundation. Complaints investigated – 120. One animal bite.
7) Lead ACO report – Paul Neidmann: Paul straightened out sheds. There has been an increase of dumped dogs especially in Orange and Bethany.
8) Treasurer's Report – Joe Hellauer: Checking account has $5,057.90. Money Market account has $23,325.92. Total $28,383.82. Payroll journal report – Medical expenses were $2200 per month. Since changing insurance companies, expenses are now $1,533 per month.
9) Chairman's Report – Jim Zeoli:
· Clean-up and plant flowers at the shelter. Zeoli will provide flowers, if Lipson would find someone to plant them.
· Waiver letter to release donor of Kayak/canoe rescue boat of any responsibility should anything happen to DAC personnel.
· Repair metal back door. Woodbridge maintenance has information on repair or replacement of door.
· Feral cat medical expenses - previously paid for by Priscilla Shummerick who passed away. Judy Rettig's foundation may continue to pay for care. Lipson stated that AARF may be able to help.
10) Blaskey tried to find an employee evaluation form. She found one, which she revised and gave to Niedmann for input. Niedmann to bring back to June meeting for approval. Bethany website – Blaskey left word for Ann Klatskin to update DAC portion of website.
11) Nomination for position of Chairperson – Hellauer/Lipson made a motion to nominate Blaskey. Unanimous approval.
12) Hellauer/Blaskey made motion to go into executive session at 8:35PM, per Niedmann's request, to discuss personnel and equipment usage. Culmo and Neidmann invited into executive session. Unanimous approval.
13) Hellauer/ Dray made motion to return to regular session at 9:05 PM. No motions made and no actions taken during executive session.
14) Hellauer/Dray made a motion to adjourn at 9:06 PM. All in favor.


Respectfully Submitted,

Pamela Andreson Approved May 14, 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