Friday, October 30, 2009

October 30, 2009

Due to renovations on the Clark Library roof, the library will be CLOSED Friday, October 30th
and Saturday, October 31st.

All late fines incured during this period will be waived.

We are sorry for the inconvenience.

Clark Library Board and Staff

Wednesday, October 28, 2009

1 of 2 BOARD OF SELECTMEN
OCTOBER 26, 2009
Page

Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea

Visitors: Eric Scott, Mark Scott, Rod White

First Selectwoman Gorski called the meeting to order at 7:32 p.m. The meeting was held in the Conference Room of the Bethany Town Hall. The first order of business was check signing. First Selectwoman Gorski asked all to rise for the Pledge of Allegiance.

APPROVAL OF MINUTES
First Selectwoman Gorski called for approval of the minutes of the special meeting of October 15, 2009. The motion of approval was moved by Selectman Shea and seconded by First Selectwoman Gorski. The motion was called. The vote taken was unanimous.

EAGLE SCOUT PROJECT
Eric Scott was present to update the Selectmen on the progress he is making with his plans to build benches for Veterans Memorial Park, as his Eagle Scout project. The Building Official has given his approval to the plans as drawn by Eric for this project. Following a brief discuss Selectman Shea moved to accept the proposal as presented to the Selectmen for the benches at Veterans Memorial Park. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.

SIGN CALL FOR SPECIAL TOWN MEETING OF NOVEMBER 3, 2009
The Selectmen signed the call for the special Town Meeting of November 3, 2009.

MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
The Selectmen discussed the MANAGEMENT MUNICIPAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT and the use of the $40,000 to be received from this grant. Following discussion about use of the money, it was determined that the best use of the money received would be to replace the windows and doors at the Center Fire House, soon to be deeded to the Town of Bethany by the Bethany Volunteer Firemen’s Association. This former firehouse would then be used as a Public Safety building to house the Fire Marshal/Emergency Management Director and Resident State Trooper. The following resolution was moved by Selectman Shea:

RESOLVED:
That the First Selectwoman Derrylyn Gorski is hereby authorized to sign to receive funding under the Office of Policy and Management Municipal Energy Efficiency and conservation Block Grant on behalf of the Town of Bethany.

First Selectwoman Gorski seconded the resolution. The vote taken was unanimous.

TAX REFUNDS
Selectman Shea moved to refund to ARI Fleet LTD the sum of $264.73, to Robert Bergen III the sum of $134.82, to Gerald Sheehe the sum of $12.96, to James Murphy the sum of $5.84, to Jeffrey Purcell the sum of $3.86 for a total of $422.21, all for overpayment of taxes. First Selectwoman Gorski seconded the motion. The vote taken was unanimous.

GRANT FOR AIRPORT HANGER
First Selectwoman Gorski opened discussion regarding the $200,000 Stimulus Grant to be received by the Town for renovations to the Airport Hanger if the project is approved by the Town at a Town Meeting. The Bethany Airport Steering Committee is looking into other available grants and fund raising for this project.

ADJOURNMENT
Adjournment was called at 8:15 p.m. after a motion was moved by Selectman Shea and seconded by First Selectwoman Gorski. The vote taken was unanimous.

Respectfully submitted,


June G. Riley
Secretary, Board of Selectmen
DRAFT




MINUTES OF SPECIAL MEETING OF THE BETHANY INLAND WETLANDS COMMISSION, TUESDAY, OCTOBER 13, 2009



Commission members Sandy Breslin, Pat McGregor, Jon Painter and Kristine Sullivan (alternate) met at 8:27 p.m. on Tuesday, October 13, 2009 in the Senior’s Room of the Bethany Town Hall, 40 Peck Road, Bethany for a special meeting of the Commission.

The purpose of the special meeting was to review, discuss and take appropriate action regarding the proposed revised Inland Wetlands and Watercourses Regulations of the Commission. The hearing on the proposed regulations had been held at the Commission’s regular meeting on September 28, 2009.

Commission members reviewed the 2007-1 Legislation and Regulations Advisory and 2008 Legislation and Regulations Advisory issued by the State Department of Environmental Protection which would require some additional changes to the proposed regulations.

At the conclusion of the evening’s discussion, Sullivan agreed to add the revisions necessary to bring the proposed regulations into compliance with the 2007 and 2008 Advisory notices from DEP as “tracked changes” so that the Commission members could review the proposed regulations again before taking appropriate action on the proposed regulations. The Commission members also discussed regulatory language requiring applicants to provide notice by proof of certified mailing to adjacent property owners, not only for the initial submission of an application, but also if a hearing on an application was scheduled by the Agency.

It was the consensus of the Commission members present to defer further discussion and appropriate action on revising the regulations to the Commission’s next regular meeting on October 26, 2009.

There being no further business to come before the Commission, it was the consensus of the Commission to adjourn at 8:50 p.m.

Respectfully submitted,


Kristine Sullivan, Acting Clerk
For the Inland Wetlands Commission
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF TUESDAY, OCTOBER 13, 2009 Page 1 of 4


The regular 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:
Ruth Beardsley, Vice Chair, acting as Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, seated as a voting Member

The following Board Members were excused or absent:
Carol Goldberg, Chair
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member

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


MINUTES

It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the September 14, 2009, regular meeting.
Voting were Massey, Gugliotti, Buchta.
Unanimous approval.


BILLS

It was moved by Gugliotti and seconded by Massey to approve the payment of a bill for $95.00, dated October 13, 2009, from Anne Sohon (Court Stenographer) for recording services for the public hearing (258 Bear Hill Road).
Unanimous approval.


PUBLIC HEARING – 258 BEAR HILL ROAD

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

Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by George Taylor for his property located at 258 Bear Hill Road for an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.

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





The following Board Members stated for the record that they visited the site: Beardsley, Massey, Gugliotti, and Buchta.

Acting Chair Beardsley stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting an affidavit of mailing and the green return receipt cards.

Acting Chair Beardsley noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Mr. Taylor, the Affidavit of Mailing, dated October 9, 2009, to the neighbors within 100 feet of the subject property, a copy of the letter that was sent to the neighbors and Ten Certified Mail Receipts.
b) Exhibit 2A – Submitted by Mr. Taylor, Six Green Return Receipt Cards and Four sheets of Track and Confirm information for the United States Post Office.

Acting Chair Beardsley addressed the Board in regard to the applicant’s request to waive the topographic survey requirement. The Board unanimously determined the topographic survey is not required.

Present to speak on behalf of the application was George and Donna Taylor, applicants and owners of record. Mr. Taylor addressed the Board in regard to the previous variance that was approved by the Board in 2008 and due to the former contractor’s error in measurement and the new contractor’s measurement; a new variance is needed because the previous approved variance would not be sufficient. Mr. Taylor expressed the fact that there is no other location to install the carport due to the well location and the ledge on the property.

In discussion, Board members commented and noted the following:
· Was the previous variance recorded on the land records? (Karen Walton, Assistant ZEO, stated yes.)
· The well is located under the sidewalk.
· If the carport is placed over the well, there would be pollution from cars into the well and it would be in the way if work had to be performed on the well.
· Part of the hardship from the previous approval was the fact the lot is undersized.
· There are quite a few oak trees on the property but the applicant stated he would not be removing any trees.

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

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

There being no further discussion, at 8:27 p.m. Acting Chair Beardsley closed the public hearing on the subject application.




PUBLIC HEARING – 4 HILLDALE ROAD

Acting Chair Beardsley opened the public hearing at 8:29 p.m.

Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by Anthony Hebert for his property located at 4 Hilldale Road for a 27.01’ variance of the side yard setback to allow a 22.99’ side yard setback for the construction of a deck.

Isabel Kearns, ZEO, stated the applicant chose to wait until the next regular meeting when there will be 5 members present.

At 8:30 p.m., Acting Chair Beardsley recessed the public hearing and continued it to the next regular meeting on Monday, November 9, 2009, at 8:00 p.m. in the Commission Meeting Room located at the Bethany Town Hall.


DELIBERATION AND DECISION MAKING SESSION

Board members further discussed the application and proceeded to take action on the application.

258 Bear Hill Road – It was moved by Gugliotti and seconded by Massey to grant the approval of the application submitted by George and Donna Taylor for their property located at 258 Bear Hill Road and shown on Assessor’s Map #107, Lot #13, requesting a variance of Sections 3.4, 4.1.B and 4.1.C of the Bethany Zoning Regulations, specifically to grant an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.

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 and which do not affect generally the district to which it is situated. These conditions and circumstances are the topography of the land and the location of the well.
2) These special conditions and circumstances do not result from the actions of the applicant or the property owner.
3) Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.
4) Literal enforcement of the Bethany Zoning Regulations would result in exceptional difficulty or unusual hardship.



5) In granting the variance, substantial justice will be done, and the public safety and welfare will be secured.
Vote 4 to 0.
Voting for: Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.



ADJOURNMENT

It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at 8:50 p.m.
Unanimous approval.

Respectfully submitted,



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

Wednesday, October 21, 2009

BOARD OF FINANCE
SPECIAL MEETING
OCTOBER 6, 2009
Page 1 of 2

Attendance: Chairman Janet Brunwin, Chip Spear, Steven Squinto, Robert Brinton Jr., John Grabowski, Sally Huyser joined the meeting at 7:07 after approval of minutes, First Selectwoman Derrylyn Gorski
Visitors: Timothy Connellan, Dominick Reis, Lawrence Eisner, Robert McSherry
Chairman Brunwin called the meeting to order at 7:05 p.m. The meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
Chairman Brunwin called for a motion of approval for the minutes of the previous meeting. The motion of approval was moved by Spear and seconded by Brinton Jr. There were no changes to the minutes. The minutes were approved on a vote of (4) four yes votes. Squinto abstained from voting because of his absence from that meeting.

BETHANY BOARD OF EDUCATION
Timothy Connellan and Dominick Reis were present to discuss with the Board of Finance members their budget procedures including a discussion about their method of encumbrances. The Board of Finance would like to see a monthly report from the Board of Education that would compare expenses to the budget for each line item. The present enrollment as of October 1, 2009 was 515 students from Pre-K through sixth grade.

TOWN TREASURER
Lawrence Eisner gave a presentation to the Board regarding investments of the Town, and what he projects as the total interest earned on the General Fund at the end of the fiscal year. Board members questioned Lawrence on the various investments. Most accounts are paying less than 1% interest at this time.

CHAIRMAN’S REPORT
Chairman Brunwin reported on her attendance at the Amity Finance Committee meeting. It is estimated that after the audit is complete there will be a surplus of $52,000 returned to Bethany. It is estimated that for the fiscal year 2009-10 the total surplus will be $510,000 with a refund to Bethany of $100,000.

BETHANY VOLUNTEER FIRE DEPARTMENT
Chief Robert McSherry was present to discuss with the Board of Finance Capital Expenditures for fiscal year 2010-11. The department has filed a grant with the Federal Government for a fire truck. If they receive this grant for a truck it would replace the 1982 Ford that is on the five year plan for next year. McSherry indicated that the communications system was top priority for replacement as the department is having communication difficulty throughout the Town.

FINANCE REVIEW COMMITTEE
The Finance Review Committee has met and developed a Management Letter at their first meeting. The five departments they need to address for procedures are Accounts Payable, Payroll, Town Clerk, Park and Recreation, and Tax Collector. The committee plans to have the report complete by the December meeting to avoid further communication from the State of Connecticut.
REPORT OF THE FIRST SELECTWOMAN
First Selectwoman Gorski reported to the Board that a Special Town Meeting will be held to increase vendor and hawking fees. Following discussion Squinto moved to increase the hawking and vending fees from $2 per year as set in 1971 to $50 per month and to place this ordinance change on the agenda for the upcoming meeting. Squinto moved to place the over expenditure of $45,000 for Pine Brook Crossing and the repair to Carmel Road of $30,000 also on the agenda of this meeting. Brinton Jr. seconded the motion. The vote was called. The vote taken was unanimous.

First Selectman Gorski reports that the Facilities Committee has met. Chairman Alan Monelli has a point system developed as they visit all buildings. The committee will report back to the Board of Selectmen as they evaluate each building.

ADJOURNMENT
Adjournment was called at 8:40 p.m. after a motion was moved by Spear and seconded by Grabowski. The vote taken was unanimous.

Respectfully submitted,

June G. Riley
Clerk, Board of Finance
BOARD OF SELECTMEN
SPECIAL MEETING
OCTOBER 15, 2009
Page 1 of 1


Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Steven Thornquist
Visitors: Attorney Kevin McSherry, Craig Stahl
First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 p.m. The special meeting was held in the Conference Room of the Bethany Town Hall.

APPROVAL OF MINUTES
First Selectwoman Gorski called for a motion of approval for the minutes of the previous meeting of September 28, 2009. The motion of approval was moved by Selectman Thornquist and seconded by Selectman Shea. The vote was called. The vote was unanimous.

SET DATE AND AGENDA FOR SPECIAL TOWN MEETING
Discussion was opened regarding the calling of a special Town Meeting and the agenda for that meeting. The Selectmen determined that appropriation for the repair of Carmel Road would be the first item on the agenda. The second item would be the appropriation for additional funding for the overage spent for the repair of Pine Brook Crossing. The third item would be to amend the Vendor Ordinance. The fourth item would be Land Use Ordinances. Selectman Thornquist moved to set the agenda as discussed. Selectman Shea seconded the motion. The vote taken was unanimous.

Selectman Shea moved to set the date of this special Town Meeting for Tuesday November 3, 2009 at 7:00 p.m. to be held in the gym of the Bethany Town Hall. Selectman Thornquist seconded the motion. The vote was called. The vote was unanimous.

ADJOURNMENT
Adjournment was called at 7:50 p.m. after a motion was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.


Respectfully submitted,


Derrylyn Gorski
First Selectwoman

Wednesday, October 14, 2009

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, SEPTEMBER 28, 2009 Page 1 of 7

The regular meeting of the Inland Wetlands Commission was called to order at 7:32 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 7:43 p.m.
Jon Painter, Member, who arrived at 7:46 p.m.
Jack Ellison, Member
John Kane, Member
Kristine Sullivan, Alternate Member, voting as needed.
Brian Smith, Alternate Member, voting as needed.

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


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Smith to approve the minutes of August 24, 2009, Special Meeting, with the following correction:
· Third paragraph – Reads “Jon Mainer, Member” Change to “Jon Painter, Member”.
Voting for: Breslin, Sullivan, Smith.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of August 24, 2009, Regular Meeting.
Voting for: Breslin, Sullivan, Smith.
Unanimous approval.

3. It was moved by Sullivan and seconded by McGregor to approve, as submitted, the minutes of August 29, 2009, Special Meeting/Site Visit.
Voting for: McGregor, Breslin, Sullivan.
Unanimous approval.


BILLS

1. It was moved by Kane and seconded by Ellison to approve the payment of a bill for $95.00, dated September 28, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (IW Regulations).
Unanimous approval.






GENERAL CORRESPONDENCE

1. Letter from State of Connecticut, Department of Environmental Protection, dated August 19, 2009, Re: Receipt of proposed Bethany Inland Wetlands and Watercourses Regulations with the following attachments:
a) Letter from Bureau of Water Protection and Land Reuse, dated October 14, 2008, Re: 2008 Legislation and Regulations Advisory, new section 7.11 added to the Inland Wetlands and Watercourses Model Regulations.
b) Letter from Bureau of Water Protection and Land Reuse, dated December 10, 2007, Re: 2007-1 Legislation and Regulations Advisory, Timing provisions of Section 8-7d of the Inland Wetlands and Watercourses Act.
c) Letter from Bureau of Water Protection and Land Reuse, dated February 1, 2007, Re: 2006 Legislation and Regulations Advisory, Amended Section 22a-42f of the Inland Wetlands and Watercourses Act, notification to the Commission of Public Health when application involves the watershed of a water company.
d) Inland Wetlands and Watercourses Act, Connecticut General Statute’s Sections 22a-36 through 22a-45.
e) Inland Wetlands and Watercourses Model Municipal Regulations, Fourth Edition May 1, 2006.
2. Letter from SCC Regional Water Authority, dated September 28, 2009, Re: Comment on Revisions to the Bethany Inland Wetlands Regulations.
3. Email from David Nafis, Town Engineer, dated August 25, 2009, Re: 265 Beacon Road, Drainage for the pavilion.
4. Letter from Alan Green, Public Works Director, dated September 3, 2008, Re: Drainage Issues, Clay and Bear Hill Roads.
5. Letter from Anne Warner owner of 228 Falls Road, dated September 24, 2008, Re: Driveway, 228 Falls Road, with the following attachments:
a) Letter from Bethany Fire Marshal, undated.
b) Prepared by applicant, Decision Factor Spreadsheet.
6. Email from Isabel Kearns, IWEO, to Anne Warner owner of 228 Falls Road, dated September 25, 2009, Re: Comments from revised map for 228 Falls Road.
7. Letter from SCC Regional Water Authority, dated September 28, 2009, Re: Comments on Application #1131, 228 Falls Road.
8. Letter from Isabel Kearns, IWEO, to Daniel Cusano owner of 185 Beacon Road, dated August 18, 2009, Re: Release of Cease and Restore Order, dated June 20, 2006.
9. Letter from Murtha Cullina dated September 10, 2009, Re: Annual Municipal Law Updated at Annual Convention on October 8, 2009.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Wildlife, July/August 2009.







PUBLIC HEARING

· Proposed revision of the “Town of Bethany Inland Wetlands and Watercourses Regulations”

At 8:32 p.m., Chairman McGregor called to order the public hearing on the revised regulations. The legal notice for the public hearing was read.

Chairman McGregor noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Copy of Notice of Public Hearing, dated September 10, 2009.
Exhibit 1B – Copy of Notice of Public Hearing with legal notice from the New Haven Register attached, dated September 10, 2009.
Exhibit 1C – Copy of proposed revised Town of Bethany Inland Wetlands and Watercourses Regulations.
Exhibit 1D – Letter with other correspondence from State of Connecticut, Department of Environmental Protection, dated August 19, 2009.
Exhibit 1E – Letter from South Central Connecticut Regional Water Authority, dated September 28, 2009, Re: Comments on revisions to the Bethany Inland Wetlands Regulations.
Exhibit 1F – Submitted by James Andreson of 134 Fairwood Road, two pages from the Mansfield, CT, Wetlands Regulations, Section 5, Optional Preliminary Review.
Exhibit 1G – Letter from State of Connecticut, Department of Consumer Protection, dated June 15, 2009, Re: Municipal agencies seeking registered land surveyors to provide certain data in digital format.

Chairman McGregor presented a summary of why the adoption of the revised regulations was in process. Chairman McGregor explained that the old regulations are missing important components and that the Commission took the most recent model regulations from the State of Connecticut, Department of Environmental Protection which will make the Town compliant with the State Statutes.

The following public members commented:
· Russ Von Beren of 134 Wooding Hill Road – Mr. Von Beren commented on not being able to see what the changes are from the regulations in place now.
· Dean Fiske of 48 Earley Court – Mr. Fiske commented on the Upland Review Area/Buffer Area requirements and the fee schedule associated with these areas.
· John Earley of 115 Bear Hill Road – Mr. Earley had a question on the Upland Review Area.
· Ken Martin, Chairman of Conservation Commission – Mr. Martin stated the Conservation Commission had a difficult time comparing the old regulations with the new. Mr. Martin also stated the Conservation Commission is strongly in favor of the new fee schedule and that the Conservation Commission feels the applicant should totally cover the cost of the application fees and not the Towns people.
· James Andreson of 134 Fairwood Road – Mr. Andreson commented on the buffer areas and stated his concern with the increase in the review area and the effect it will have on minor uses, such as shed.



· Ken Martin of 344 Sperry Road – Mr. Martin commented on Section 4.2 - golf courses, Section 7.5.f. - application requirements/alternatives, and Section 10.1.b. adding Water Companies.


At 9:54 p.m., Chairman McGregor closed the public hearing on the proposed regulations.

The Commission would like to schedule a Special Meeting for a work session to finalize the revised regulations. The clerk will contact members by email.
Tabled.


NEW BUSINESS

71 Mesa Drive, Application #1101-M-1 submitted by Fengting Xu for the placement of rip rap along edge of pond (modification of original permit which expires March 3, 2013) –

The Commission formally received the application. Present to speak on behalf of the application was Fengting Xu, applicant and owner of record.

Mr. Xu reviewed the proposed project noting:
· Mulch had previously been placed along the edge of the pond but was stripped away.
· Would like to place stone along the edge of pond.
· Submitted two photographs of the area being discussed.

In discussion, Commission members noted:
· Suggested that the Soil Conservation District look at this to see if rather than stone maybe there is a natural plant that can be used along the edge of the pond.
· Commission asked the applicant to delineate on map where the stone will be placed and how far along the pond.
· Staff to put applicant in contact with Soil Conservation District to assist further.

The Commission proceeded to deliberate. It was moved by Sullivan and seconded by Kane to approve Application #1101-M-1 submitted by Fengting Xu for an Inland Wetlands Permit to allow the placement of rip rap in the area as described by the applicant to be placed on a new copy of the map entitled “Site Development & Soil Erosion Control”, dated January 24, 2008, in the application file and subject to staff assisting in contacting the Soil Conservation Service to inquire if there are any plantings that might be recommended that could assist in creating a more esthetic look and natural feel in that area and also this approval includes the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.


4 Hilldale Road, Application #1132 submitted by Anthony Hebert for the construction of a deck and shed –

The Commission formally received the application. Present to speak on behalf of the application was Anthony Hebert, applicant and owner of record.


Mr. Hebert reviewed the proposed project noting:
· There is no garage and needs the shed for storage.
· Submitted an application to ZBA for a variance for the deck.

In discussion, Commission members noted:
· Isabel Kearns, IWEO, to review maps and visit the property.
· Applicant needs to notify the Regional Water Authority and the State of Connecticut Department of Public Health.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, October 26, 2009. Tabled.


OLD BUSINESS

265 Beacon Road – Veteran’s Memorial Park, Application #1130 submitted by the Town of Bethany to construct a pavilion.

Relative to the proposed construction of the pavilion, the Commission received an email from Nafis and Young, dated August 25, 2009, pertaining to the roof drainage from the pavilion. Commission members visited the site and determined the drainage will discharge away from the pond. The Commission felt the map was inaccurate and would like Nafis and Young to submit a corrected map. Isabel Kearns, IWEO, will contact Nafis and Young.

The Commission proceeded to deliberate. It was moved by Kane and seconded by Ellison to approve Application #1130 submitted by the Town of Bethany for an Inland Wetlands Permit to construct a pavilion located at 265 Beacon Road – Veteran’s Memorial Park in accordance with the following submitted plans prepared by Nafis & Young Engineers, Inc., Northford, Connecticut, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803:
“Proposed Pavilion”, dated July 13, 2009, with no revisions, Sheet 1.
“Floor Plan”, dated September 10, 2009, with no revisions, Sheet 2.
“Elevations”, dated September 10, 2009, with no revisions, Sheet 3.
“Plumbing & Electrical”, dated September 10, 2009, with no revisions, Sheet 4.
“Details”, dated September 10, 2009, with no revisions, Sheet 5.
“ADA Requirements”, dated September 10, 2009, with no revisions, Sheet 6.
Unanimous approval.


48 Clay Road, Application #1113-M-1 submitted by Baldwin Development for drainage modifications of the site plan for the residential development of the site.

Present to speak on behalf of the application was Mike O’Bymachow. from Nowakowski, O’Bymachow & Kane and also present was Tom Relihan, applicant and owner of record. Mr. O’Bymachow reviewed the revised plans noting:
· The revised plan now shows the silt fence and the footing drains.
· There will be no runoff increase from the site.


Commission received a letter from Al Green, Director of Public Works, dated September 3, 2009, pertaining to the drainage issues at Clay and Bear Hill Road.

In discussion, Commission members noted:
· There is a large amount of stone fill brought in and where will it be utilized on site.
· Stock piles on property are not shown on site plan.

The Commission proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1113-M-1 submitted by Baldwin Development for an Inland Wetlands Permit for drainage modifications of the site plan for the residential development of the site in accordance with the submitted plans prepared by Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803:
a) Site Plan for Lot 4 “property of Walter H. Swick”, dated June 3, 2009, revised to September 28, 2009, Sheet 1.
b) Site Development and Soil Erosion Control Plan, dated June 3, 2009, revised to September 28, 2009, Sheet 2.
Unanimous approval.


228 Falls Road, Application #1131 submitted by Anne Warner to construct a new driveway.

Present to speak on behalf of the application was Anne Warner, applicant and owner of record. Ms. Warner noted that a new driveway is necessary to provide safe access to the site, including emergency vehicles.

Ms. Warner reviewed the proposed project noting:
· Received a letter from the Bethany Fire Marshal recommending reconstruction of another driveway.
· Reviewed west driveway option.
· Reviewed pros and cons of east and west driveway options.

In discussion, Commission members noted the following:
· West driveway option would require filling wetlands.
· Easterly driveway will have less impact on wetlands.

It was moved by Ellison and seconded by Kane to approve Application #1131 submitted by Anne Warner for an Inland Wetlands Permit to construct a new driveway in accordance with the submitted plan entitled, “Proposed Site Plan, 228 Falls Road, Bethany, CT”, dated September 25, 2009, prepared by John Paul Garcia and Associates, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Unanimous approval.






WETLANDS ENFORCEMENT OFFICER’S REPORT

The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 71 Mesa Drive

The following sites were inspected relative to current applications:
1) 228 Falls Road
2) 48 Clay Road
3) 265 Beacon Road
4) 71 Mesa Drive
5) 274 Amity Road

The following sites were inspected to authorize IWC approval for Certificate of Occupancy:
1) 82 Russell Road

The following sites were inspected for permit compliance during construction:
1) 27 Miller Road

The following complaints were investigated:
1) 187 Beacon Road



It was moved by Ellison and seconded by Kane to adjourn the regular meeting at 10:25 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission