MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF WEDNESDAY, MARCH 22, 2010 Page 1 of 10
The regular meeting of the Inland Wetlands Commission was called to order at 7:33 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, arrived at 7:58 p.m.
John Kane, Member
Brian Smith, Alternate Member, seated as a voting member.
Kristine Sullivan, Alternate Member, seated as a voting member.
The following members of the Commission were absent or excused:
Jack Ellison, Member
Jon Painter, Member
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 Breslin to approve, as submitted, the minutes of February 20, 2010, Special Meeting/Site Visit.
Voting for: McGregor, Breslin, Sullivan.
Unanimous approval.
2. It was moved by Sullivan and seconded by McGregor to approve, as submitted, the minutes of February 22, 2010, Regular Meeting.
Voting for: McGregor, Sullivan, Breslin.
Unanimous approval.
BILLS
1. It was moved by Kane and seconded by Breslin to approve the payment of a bill for $95.00, dated March 22, 2010, from Anne Sohon (Court Stenographer) for recording services for a public hearing (437 and 443 Fairwood Road).
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Isabel Kearns, ZEO, dated February 11, 2010, Re: Comments from review of 437 and 443 Fairwood Road.
2. Letter from Erik Scott, Life Scout, Troop 59, dated February 21, 2010, Re: Eagle Project placing two benches in Veterans Memorial Park.
3. Letter from Regional Water Authority, dated March 22, 2010, Re: Review comments for Town Department of Public Works Applications #1136, #1137, #1139 and #1140.
4. Letter from Alan Shepard, P.E. of NOK, dated February 23, 2010, Re: Withdrawing request concerning revision to the approved conservation easement area.
5. Letter from Clerk from Planning and Zoning Commission, dated March 10, 2010, Re: Notification of public hearing on revised draft of the Town Plan of Conservation and Development.
6. Letter from State of Connecticut, Department of Consumer Protection, dated March 1, 2010, Re: Statement concerning Geographic Information System (GIS).
7. Letter from State of Connecticut, Department of Environmental Protection, dated March 3, 2010, Re: 2009 Legislation and Regulations Advisory (An Act Concerning Extending the Time of Expiration of Certain Land Use Permits).
8. Letter from Connecticut Farm Bureau Association, Connecticut Forest & Park Association, Connecticut Professional Timber Products Association, and Society of American Foresters, dated March 15, 2010, Re: Notification of Timber Harvest.
9. Letter from King’s Mark Resource Conservation and Development Area, Inc., dated March 2010, Re: Environmental Review Team Program.
PUBLICATIONS AND WORKSHOPS
1. Soil and Water, Spring 2010 Newsletter.
2. Connecticut State of Birds, 2010, from Connecticut Audubon Society.
PUBLIC HEARING
· 437 and 443 Fairwood Road, Application 1134 submitted by EMG Properties to construct a new industrial building, septic system, well, driveway, parking and stormwater management system -
At 8:15 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 – “Site Stormwater Management Plan for EMG Properties LLC, 443 & 437 Fairwood Road, Bethany, Connecticut”, dated January 21, 2010, revised March 8, 2010, prepared by Bill Walters P.E., L.S., Bethany, Connecticut.
Exhibit 1B – Set of Plans prepared by John Paul Garcia & Associates, Bethany, Connecticut entitled as follows:
§ “Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
§ “Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
§ “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
§ “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
§ “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
§ “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
§ “Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.
Exhibit 1C – Letter from Regional Water Authority, dated November 2, 2009, Re: Comments from review of 443 Fairwood Road, ZBA application for automotive repair.
Exhibit 1D – Letter from Quinnipiack Valley Health District, dated February 17, 2010, Re: Comments from review of plans for 437 Fairwood Road, Development of industrial building.
Exhibit 1E – Letter from Diversified Technology Consultants, dated February 22, 2010, Re: Review of application materials for 443 and 437 Fairwood Road, Site Plan Review.
Exhibit 1F – Letter from AKRF Environmental and Planning Consultants, dated February 22, 2010, Re: Proposal for Inland Wetlands Application Review of 437 and 443 Fairwood Road.
Exhibit 1G – Wetlands/Watercourses and Soil Report prepared by Soil Science and Environmental Services, Inc., dated December 29, 2008, for property located at 443 Fairwood Road.
Exhibit 1H – Memo from Isabel Kearns, IWEO, dated February 11, 2010, Re: Review of 437 and 443 Fairwood Road.
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the owner of record who was also present, William Grieger.
Mr. Garcia reviewed the proposed project noting:
· This application is to locate a commercial garage.
· Reviewed the changes in the revised plans.
· Will be changing property from four lots to three lots by a land swap.
· Reviewed comments from Diversified Technology Consultants (Exhibit 1E) and the Inland Wetlands Enforcement Officer (Exhibit 1H) and addressed concerns.
· There will be no washing of vehicles.
In discussion, Commission members noted:
Will there be outside storage of oil? (Mr. Garcia commented there will be no outside storage of oil and that the oil will be contained in the building.)
Need a maintenance schedule for the detention basin.
Need a bond estimate on the work to be conducted in accordance to the plans.
Revised plans and revised stormwater plan needs to be reviewed by Diversified Technology Consultants and comments be submitted to Commission before next public hearing date.
Chairman McGregor asked if there were any comments from the public. The following public member commented:
a) Frank Carbone of 421 Fairwood Road – Mr. Carbone expressed his concern with the detention basin being close to his property and the overflow going onto his property and contaminating his well.
At 9:10 p.m., Chairman McGregor recessed the public hearing and continued it to the next regular meeting on Monday, April 26, 2010, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
1. Discussion with Erik Scott, Life Scout, Troop 59, Eagle Project at Veterans Memorial Park, placing of two benches –
Present for this discussion was Erik Scott. Mr. Scott submitted a packet entitled “Project Description” and handed packet out to each Commission member. Mr. Scott stated he would be placing two benches along the path leading from the parking lot to the beach at the Veterans Memorial Park and would like to level the ground and extend the path slightly to the side as shown on the plan submitted. Chairman stated this is a regulated activity within the setback. It was the consensus of the Commission that Mr. Scott will need an Inland Wetlands Permit and the Commission recommended that Mr. Scott locate the silt fence on the plan. Mr. Scott will submit an application for the next regular meeting on April 26, 2010.
2. 63 Downs Road, Application #1022-M-1 submitted by Roger and Mary Ellen Simon to modify the existing permit to construct a septic system –
The Commission formally received the application. Present to speak on behalf of the application was John Paul Garcia, P.E./L.S. representing the owners of record, Roger and Mary Ellen Simon, who where also present.
Mr. Garcia reviewed the proposed project noting:
· Received Quinnipiack Valley Health District signoff dated January 11, 2010.
· This site has not contributed to the drainage issues on Downs Road.
Isabel Kearns, IWEO, stated the PZC visited the site and Hiram Peck, Planning Consultant, prepared an email, dated February 20, 2010, which states Mr. Peck did not see any evidence of drainage or stormwater scour from the subject property.
In discussion, Commission members noted:
This modification is to add the septic system for the proposed barn.
There being no further discussion, Commission members proceeded to deliberate.
It was moved by Kane and seconded by Sullivan to accept and approve Application #1022-M-2, submitted by Roger and Mary Ellen Simon to modify the existing Inland Wetlands Permit to construct a septic system in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803:
“Proposed Site Plan”, dated January 13, 2005, revised to November 29, 2005, Drawing No. C-1.
“Proposed Site Plan”, dated November 29, 2005, with no revisions, Drawing No. C-2.
Unanimous approval.
3. 187 Beacon Road, Application #1051-M-1 submitted by Robert and Beth Gaetano to modify the existing permit to plant trees and place mulch –
The Commission formally received the application. Present to speak on behalf of the application was Robert Gaetano, applicant and owner of record.
Mr. Gaetano reviewed the proposed project noting:
· Would like to add six to ten more trees to the west of my property.
· Will be adding mulch to keep soil moist for the trees to grow.
There being no further discussion, Commission members proceeded to deliberate.
It was moved by Sullivan and seconded by Kane to accept and approve Application #1051-M-1, submitted by Robert and Beth Gaetano to modify the existing Inland Wetlands Permit to add an additional row of trees as shown on the plan, untitled, with hand drawn revisions prepared by the applicant, submitted March 10, 2010, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Unanimous approval.
4. 95 Mesa Drive, Application #1141 submitted by Mesa Excavation and Paving, Inc. for grading and stabilization of lot –
Present to speak on behalf of the application was Paul Crotta, applicant and owner of record.
Mr. Crotta reviewed the proposed project noting:
· Proposing to spread topsoil and plant grass to stabilize the lot.
· No house being built at this time.
· There are wetlands on the property.
In discussion, Commission members noted:
· This lot is subject to an Inland Wetlands Permit when constructing the house and the septic not for the spreading of topsoil and seed.
· No work is to commence until silt fence is placed and inspected by the Inland Wetlands Enforcement Officer.
It was moved by Sullivan and seconded by Smith to return the application fees and no work is to commence until the erosion controls are placed and inspected by the Inland Wetlands Enforcement Officer and then the applicant is allowed to spread the top soil and seed to stabilize the lot. The Commission determined that this application is not necessary for the grading and seeding of the lot but an Inland Wetlands Permit is required when the site is developed for a residence. Unanimous approval.
5. 99 Mesa Drive, Application #1142 submitted by Mesa Excavation and Paving Inc. for Site Plan Review, grading and stabilization of lot –
Present to speak on behalf of the application was Paul Crotta, applicant and owner of record.
Mr. Crotta reviewed the proposed project noting:
· Proposing to spread topsoil and plant grass to stabilize the lot.
· No house being built at this time.
· Drainage Easement on this lot.
In discussion, Commission members noted:
· Concerned with slope and top soil being placed on steep slope.
· IWEO to supervise the installation of the silt fence to keep under control for any potential erosion.
It was moved by Sullivan and seconded by Smith to return the application fees and no work is to commence until the erosion controls are placed and inspected by the Inland Wetlands Enforcement Officer and then the applicant is allowed to spread the top soil and seed to stabilize the lot. The Commission determined that this application is not necessary for the grading and seeding of the lot but an Inland Wetlands Permit is required when the site is developed for a residence. Unanimous approval.
6. 100 Mesa Drive, Application #1143 submitted by Mesa Excavation and Paving Inc. for Site Plan Review, grading and stabilization of lot –
Present to speak on behalf of the application was Paul Crotta, applicant and owner of record.
Mr. Crotta reviewed the proposed project noting:
· Proposing to spread topsoil and plant grass to stabilize the lot.
· No house being built at this time.
· No wetlands on the property.
It was moved by Sullivan and seconded by Smith to return the application fees and no work is to commence until the erosion controls are placed and inspected by the Inland Wetlands Enforcement Officer and then the applicant is allowed to spread the top soil and seed to stabilize the lot. The Commission determined that this application is not necessary for the grading and seeding of the lot but an Inland Wetlands Permit is required when the site is developed for a residence. Unanimous approval.
7. 860 Carrington Road, Discussion for new use –
Inland Wetlands Enforcement Officer stated an application will be submitted to the Planning and Zoning Commission for a change of use permit and the applicant will need an Inland Wetlands signoff. Marc D’Andrea is considering purchasing the property to use for outside storage for his turf/landscaping business. Mr. D’Andrea stated there will be no storing of pesticides and no truck maintenance. It was the consensus of the Commission that there are no wetlands on the property and there will be no impact to the adjoining wetlands. Mr. D’Andrea to forward a narrative of the proposed change of use to the IWEO. Chairman McGregor asked the IWEO to create a communication to the Planning and Zoning Commission that there is no further action to be taken by the Inland Wetlands Commission and include narrative.
8. 5 Hatfield Hill Road, Application #1133-M-1 submitted by Elizabeth Garcia to modify the existing permit to construct a deck –
The Commission formally received the application. Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., agent, representing the applicant, Elizabeth Garcia.
Mr. Garcia reviewed the proposed project noting:
· Reducing the size of the deck in the back and adding a deck on the side with stairs.
Mr. Garcia revised the plan to show the change in the stair location and dated the plan March 22, 2010.
There being no further discussion, the Commission proceeded to deliberate.
It was moved by Sullivan and seconded Smith to accept and approve Application #1133-M-1 submitted by Elizabeth Garcia to modify the existing Inland Wetlands Permit to show the reduced size of the deck at the back of the house and the new deck and stairs on the easterly side of the house as shown on the plan revised on March 22, 2010, by John Paul Garcia and with the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Unanimous approval.
9. 11 Split Rock Road, Application #1144 submitted by John M. Lightfoot to construct an Addition 3 Season Room –
The Commission formally received the application. Present to speak on behalf of the application was John Lightfoot, applicant, representing the owners of record, Linda and Chris Maude.
Mr. Lightfoot reviewed the proposed project noting:
· Proposing an addition of 14’ by 14’ screened in porch to be built on concrete peers.
· Using a Techno Post System which requires minimal disturbance of the land.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, April 26, 2010. Tabled.
OLD BUSINESS
1. 437 and 443 Fairwood Road, Application #1134 submitted by EMG Properties, William Grieger for an Inland Wetlands Permit #1134 for the construction of a new building, septic, well, driveway, parking and drainage system – Hearing continued to Monday, April 26, 2010.
2. 190 Russell Road, Application #1135 submitted by the Town of Bethany, D.P.W. for a cross pipe replacement – Alan Green, Public Works Director, was not available to attend the meeting. Commission members would like to discuss this application with him. Tabled.
3. Between 265 and 270 Wooding Hill Road, Application #1136 submitted by the Town of Bethany, D.P.W. for 100 feet of new drainage on east side – Alan Green, Public Works Director, was not available to attend the meeting. Commission members would like to discuss this application with him. Tabled.
4. 30 Gaylord Mountain Road, Application #1137 submitted by the Town of Bethany, D.P.W. for a cross pipe replacement – Alan Green, Public Works Director, was not available to attend the meeting. Commission members would like to discuss this application with him. Tabled.
5. 205 Bear Hill Road, Application #1138 submitted by the Town of Bethany, D.P.W. for a cross pipe replacement – Alan Green, Public Works Director, was not available to attend the meeting. Commission members would like to discuss this application with him. Tabled.
6. Between 94 and 108 Schaffer Road, Application #1139 submitted by the Town of Bethany, D.P.W. for 200 feet upgrade pipe and catch basin – Alan Green, Public Works Director, was not available to attend the meeting. Commission members would like to discuss this application with him. Tabled.
7. Carrington Road, south of Schilf, Application #1140 submitted by the Town of Bethany, D.P.W. for 400 feet replacement pipe – Alan Green, Public Works Director, was not available to attend the meeting. Commission members would like to discuss this application with him. Tabled.
WETLANDS ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, IWEO, reported on the following:
Verab Property – 93 Peck Road – Clear cutting trees, planting trees and putting in driveway off Bethmour Road - Neighbors in uproar with fill being used. The fill being used is under DEP guidelines.
Cusano – 185 Beacon Road – Hired an attorney, David Babbitz. Mr. Babbitz came in to get copy of files.
It was moved by Kane and seconded by Breslin to adjourn the regular meeting at 10:04 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
