MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 25, 2010 Page 1 of 6
The regular meeting of the Inland Wetlands Commission was called to order at 7:38 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:
Alexandra Breslin, Vice-Chairman, Acting as Chairman
Kristine Sullivan, Member
Brian Smith, Alternate Member, seated as a voting member
The following members of the Commission were absent or excused:
Patricia McGregor, Chairman
John Kane, Member
Jack Ellison, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Assistant Inland Wetlands Enforcement Officer
ELECTION OF OFFICERS
The Commission tabled the vote for Vice Chairman for the term of July 2010 to June 2011 until the next scheduled regular meeting on Monday, November 22, 2010.
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the September 27, 2010, Regular Meeting.
Unanimous approval.
2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the October 12, 2010, Special Meeting.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Quinnipiack Valley Health District, dated September 17, 2010, Re: Review of plans revised to August 17, 2010, pertaining to 83 Beacon Road, One-lot resubdivision.
2. Letter from Diversified Technology Consultants, dated October 25, 2010, Re: Review of revised plans dated October 12, 2010, for 141 Northrup Road, Residential Site Plan Review.
3. Report from Soil Resource Consultants, dated September 23, 2010, Re: 40 Munson Road, Wetland Delineation. (Application #1152 approved September 27, 2010.)
4. Letter from Connecticut Water Company, dated September 22, 2010, Re: Revised Connecticut Water Company Water Supply Plan identifies Bethany land that may be available for disposition.
5. Copy of letter to Planning and Zoning Commission from the Inland Wetlands Commission, dated October 25, 2010, Re: Possible Zoning Regulation Amendments.
6. Letter from Connecticut Association of Conservation and Inland Wetlands Commission, Inc., dated October 1, 2010, Re: 2010-2011 CACIWC membership fees due and 33rd Annual Meeting and Environmental Conference, Saturday, November 13, 2010, at Mountain Ridge, Wallingford, CT.
7. Letter from State of Connecticut DEP, dated October 19, 2010, Re: Inland Wetlands Training DVD: An Introduction to Map Reading & Site Plan Review, included two DVDs.
PUBLICATIONS AND WORKSHOPS
1. 2010 Municipal Inland Wetland Commissioners Training Program: Segment 3.
2. “Soil and Water”, Southwest Conservation District Newsletter, Fall 2010.
3. “The Habitat”, Newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., Fall 2010.
4. Connecticut Wildlife, September/October 2010.
BILLS
1. It was moved by Sullivan and seconded by Smith to approve the payment of $320.00, for professional services rendered by Soil Resource Consultants, David H. Lord, pertaining to 40 Munson Road, Delineation of Onsite Wetlands-Watercourses and Report.
Unanimous approval.
2. It was moved by Sullivan and seconded by Smith to approve the payment of $150.00 for Membership Renewal for two Commissions - Sustaining (Inland Wetlands and Conservation Commission) for the period of July 1, 2010 to June 30, 2011, to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. Unanimous approval.
NEW BUSINESS
1. 429 Fairwood Road, Application #1157 submitted by EMG Properties, LLC for an IW Permit for the construction of a commercial building and parking area –
Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, William Grieger.
Mr. Garcia reviewed the proposed project noting:
· The applicant is proposing to construct a 9,000 square foot building.
· The drainage work will be minimal and will tie into the storm drainage that has already been installed.
In discussion, Commission members noted:
· That the Commission would like to schedule a site visit. The clerk will email Commission members for their availability to conduct the site visit.
· The Commission requested the project engineer stake out the proposed building, the edge of the parking lot, the edge of the grading and the pipe crossing the wetlands.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 22, 2010. Tabled.
OLD BUSINESS
1. 83 Beacon Road, Application #1154 submitted by Jack Moscato for an IW Permit for a One-lot Resubdivision –
Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S., representing the applicant, Jack Moscato, who was also present.
In discussion, Commission members noted:
This proposed project has a potential for a significant impact to the wetlands (large pond across Beacon Road).
That the house can possibly be shifted further upslope.
Their concern with the drainage ditch at the bottom of the driveway with handling the runoff.
That the drainage ditch at the bottom of the driveway only had 1 ½" of clearance and it was filled with silt.
That the applicant should withdraw the application, find another way to handle the runoff, and resubmit the application to the Inland Wetlands Commission.
Mr. Garcia submitted a letter of withdrawal, dated October 25, 2010.
2. 141 Northrop Road, Application #1155 submitted by Donald Charbonneau for an IW Permit for a residential site development –
Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, Donald Charbonneau, who was also present.
In discussion, Commission members noted:
Revised plans, dated October 12, 2010, were submitted and reviewed by Mr. Garcia.
A letter from Diversified Technology Consultants, dated October 25, 2010, was received and one of the comments was to increase the pipe across the driveway from a 15” to an 18” or larger.
Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Breslin to approve Application #1155 submitted by Donald Charbonneau for an Inland Wetlands Permit to construct a residential site development located at 141 Northrop Road in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, CT:
· “Proposed Site Plan, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated August 3, 2010, revised to October 12, 2010, Drawing No. C-1.
· “Proposed Site Plan, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated June 30, 2010, revised to October 12, 2010, Drawing No. C-2.
· “Typical Details, Parcel 27, 141 Northrup Road, Bethany, Connecticut”, dated June 30, 2010, revised to October 12, 2010, Drawing No. C-3.
and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The applicant must comply with Item #1 of the letter from Diversified Technology Consultants, dated October 25, 2010, regarding increasing the pipe in driveway to an 18” pipe.
The provision of a bond in the amount to be determined based on an estimate by the Project Engineer, upon review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
The placement of Inland Wetlands Conservation Area Signs is required at 50-foot intervals along the identified wetlands buffer lines.
The planting of ten to fifteen highbush blueberry plants in the wetlands area shown on the plan at the front of the lot encompassing 4,651 square feet.
The Commission’s decision was based on the exhibition of sound engineering principles as verified by our engineering firm. Unanimous approval.
3. 26 Pine Brook Crossing, Application #1156 submitted by Monique Gaudet for an IW Permit for a residential site development –
Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the applicant, Monique Gaudet.
In discussion, Commission members noted:
A revised plan, dated September 29, 2010, was submitted and reviewed by Mr. Garcia.
Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1156 submitted by Monique Gaudet for an Inland Wetlands Permit to construct a residential site development located at 26 Pine Brook Crossing, in accordance with the submitted plan entitled, “Proposed Site Plan, Assessors Map 108, Parcel 8011, 26 Pine Brook Crossing, Bethany, CT”, dated August 23, 2010, revised to September 29, 2010, prepared by John Paul Garcia and Associates, Bethany, Connecticut and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
· An additional revised plan shall be submitted which will change where the description says “Conservation Easement” to “Inland Wetlands Conservation Area”.
· The legend to be changed to include the nomenclature for the 150’ Upland Review Area and the Inland Wetlands Conservation Area.
· Posting of a bond based on the submission of a bond estimate by the Project Engineer with review by the Agency’s Consulting Engineer and in a form acceptable to Town Counsel.
· When a final letter is submitted by the Quinnipiack Valley Health District, that a copy be submitted to the Agency for its files.
· The appropriate signage posted along the 50-foot Inland Wetlands Conservation Area.
· When the deed for the property is transferred, reference to the Inland Wetlands Conservation Area so that the property owner be noticed.
The Commission’s decision was based on what appears to be best engineering practices exhibited on the plan and if this plan is followed, there should be minimal or no disturbance to the wetlands. Unanimous approval.
ENFORCEMENT OFFICER’S REPORT
Executive Session with Town Attorney.
At 8:37 p.m., it was moved by Sullivan and seconded by Smith to enter into executive session on the matter of pending litigation and to invite Kevin McSherry, Town Counsel, Isabel Kearns, Inland Wetlands Enforcement Officer, Karen Walton, Assistant Inland Wetlands Enforcement Officer and Antonia Marek, Clerk for the Commission. Unanimous approval.
At 8:46 p.m., it was moved by Sullivan and seconded by Smith to enter out of executive session.
Unanimous approval.
It was moved by Sullivan and seconded by Smith that the Commission authorizes Isabel Kearns, Inland Wetlands Enforcement Officer, to proceed with seeking an injunction regarding the activities that have occurred at 185 Beacon Road, which have been in violation of the existing Permit #906, approved April 28, 2002, at the site as documented by the report that the Inland Wetlands Commission has received from Rema Ecological Services, LLC, dated September 27, 2010.
226 Fairwood Road – The IWEO stated the owners originally received an IW permit for a two- bedroom rebuild and now they received a permit from QVHD for a three-bedroom house, which the house is not any bigger but are using new technology. The IWC filed the original permit on the Land Records for the two-bedroom house. The Commission advised that the owner modify the original permit to make it a three-bedroom house and then file the modified permit on the Land Records.
The IWEO mentioned the Town Meeting on November 4th pertaining to the increase in the Inland Wetlands Land Use Fees. The Commission would like to put together a fact sheet to handout at the Town Meeting.
It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:03 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
