Monday, December 6, 2010

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, NOVEMBER 22, 2010 Page 1 of 7

The regular meeting of the Inland Wetlands Commission was called to order at 7:35 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
Kristine Sullivan, Member

The following members of the Commission were absent or excused:
John Kane, Member
Jack Ellison, Member
Brian Smith, Alternate Member, seated as a voting 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 Tuesday, December 28, 2010.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Breslin to approve the minutes of the October 25, 2010, Regular Meeting, with the following changes in Italic:

Page 3, Old Business, Item #1
In discussion, Commission members noted based on an inspection of the site that:
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 ability of the proposed drainage swale to be located on the steep slope adjacent to the road to handle runoff.
That the existing catch basin at the bottom of the driveway had only about 1 ½" of clearance and otherwise was filled with silt.
To allow time to explore other options for handling runoff from the site, that the applicant should withdraw the application and resubmit the application to the Inland Wetlands Commission at a future date.

Page 4, Old Business, Item #2
It was moved by Sullivan and seconded by Breslin to approve Application #1155


Page 4, Old Business, Item #3
A revised plan, dated September 29, 2010, was submitted and reviewed by Mr. Garcia. There was discussion of the area denoted on the revised plan as “conservation easement”, what the restrictions implied by that easement were, and the incompatibility of the existing nomenclature of the IWC Conservation Area Signs with the upland areas now regulated by the IWC.

Page 5, Old Business, Item #3
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.
Details of the restrictions of the Inland Wetlands Conservation Area shall be filed on the land records in form and content acceptable to Town Counsel.
When the property is sold, the transfer deed shall reference to the foregoing restrictions regarding the Inland Wetlands Conservation Area so that the property owner is noticed of those restrictions.

Page 5, Enforcement Officers Report
At 8:46 p.m., it was moved by Sullivan and seconded by Smith to exit out of executive
session.

It was moved by Sullivan and seconded by Smith to have the Commission authorize Isabel Kearns, Inland Wetlands Enforcement Officer, to proceed with seeking an injunction regarding the activities that have occurred in the onsite wetlands at 185 Beacon Road, which have been in violation of the existing Permit #906, approved April 28, 2002, as documented by the report that the Inland Wetlands Commission 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. It was the consensus of the Commission members to have staff advise the owners to submit an application to modify the original permit to allow a three-bedroom house and then file the modified permit on the Land Records.




The IWEO reminded the IWC members of the Town Meeting on November 4th which in part pertains to the increase in the Inland Wetlands Land Use Fees. There was discussion of having a fact sheet to handout at the Town Meeting.

Voting were McGregor, Breslin, Sullivan.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nancy McCarthy, Town Clerk, dated November 8, 2010, Re: Schedule of regular meetings for 2011.
2. Copy of letter from Pullman & Comley Attorneys to Connecticut Siting Council, dated November 17, 2010, Re: Petition for Declaratory Ruling, 3.2 MW Wind Generation Project, 178 New Haven, Prospect, Connecticut with 3 binders of material.


BILLS

1. It was moved by Sullivan and seconded by Breslin to approve the payment of $2,996.63, for professional services rendered by Diversified Technology Consultants, pertaining to 185 Beacon Road, Rema Ecological Services, LLC.
Unanimous approval.


NEW BUSINESS

1. 99 Mesa Drive, Application #1158 submitted by MWP, LLC for an IW Permit for the relocation of existing drainage easement –

Present to speak on behalf of this application was Paul Crotta, applicant and owner of record.

Mr. Crotta reviewed the proposed project noting:
· That this application is to relocate the drainage easement, which would allow the easement to follow the existing watercourse.
· That the engineer has completed the riprap.

In discussion, Commission members asked:
· Why did the old plan show the easement in a different location?

Mr. Crotta replied that this lot had top soil pushed onto it from the other surrounding lots and the engineer, drawing the subdivision map, was not able to perc the lot and moved the easement up so that it would be far enough away from the septic system. In addition, Mr. Crotta stated that now the septic system has been relocated and the easement has been moved back to where it belongs.
Isabel Kearns, IWEO, stated the applicant did not extend the IW permit for the subdivision and this application is not a modification.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, December 28, 2010. Tabled.


2. 75 Lacey Road, Application #1159 submitted by Michael Carbone for an IW Permit for a residential site development –

Present to speak on behalf of the application was Bill Walters, Civil Engineer and Land Surveyor for John Paul Garcia and Associates representing the applicant, Michael Carbone.

Mr. Walters reviewed the proposed project noting:
· The application is for a site plan approval for a four bedroom residential development.
· Soil Science and Environmental Services delineated the wetlands in the field on October 7, 2010.

In discussion, Commission members noted:
· The engineer did not submit a wetlands/watercourses and soil report.
· The IWEO has not reviewed the application at this time.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Tuesday, December 28, 2010. Tabled.


3. 226 Fairwood Road, Application #1095-M-1 submitted by Homefront Construction to modify the IW Permit from a two bedroom to a three bedroom –

Present to speak on behalf of the application was Ron Bathwick, applicant and owner of record.

Isabel Kearns, IWEO, stated Mr. Bathwick installed new technology (Green Leach) for the same size septic and stayed with the same leaching fields. Ms. Kearns also stated Mr. Bathwick received approval from QVHD for a three-bedroom home instead of the two-bedroom home that was originally approved.

In discussion, Commission members noted:
· Mr. Bathwick submitted a letter of approval from QVHD, dated November 4, 2008.
· A copy of the map with the redesigned septic area that was reviewed and approved by QVHD must be submitted for the IW file.

Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Breslin to approve Application #1095-M-1 submitted by Ronald Bathwick for a modification of the Inland Wetlands Permit from a two-bedroom home to a three-bedroom home located at 226 Fairwood Road based on the letter from Quinnipiack Valley Health District to John Paul Garcia, dated November 4, 2008, in regard to 226 Fairwood Road Bethany, revised leach field design and receipt of the drawing revised to October 28, 2008, referenced in that letter, to be placed in the Inland Wetlands file and is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
This approval is contingent upon receipt of the drawing noted above revised to October 28, 2008.
The applicant shall file this IW Permit modification on the Land Records showing the change from a two-bedroom home to a three-bedroom home.

The Commission’s decision was based on the fact that if the conditions are met, there should be little or no impact on the onsite and adjoining wetlands. Unanimous approval.


4. Discussion regarding revising the wording on the Conservation Area Signs -

The Commission discussed revising the wording on the Conservation Area Signs now that the Inland Wetlands Commission is regulating 150 feet from the wetlands.

After discussion, the proposed wording is as follows: “YOU ARE IN AN INLAND WETLANDS REGULATED AREA. ANY ACTIVITY ON THIS SITE REQUIRES APPROVAL BY THE BETHANY INLAND WETLANDS COMMISSION”.

The clerk will order a sample sign for the Commission to review.


5. Discussion regarding the letter from Connecticut Water Company, dated September 22, 2010, Re: Land in Bethany that may be available for disposition -

The Commission reviewed the letter from the Connecticut Water Company, dated September 22, 2010.

Isabel Kearns, IWEO, stated she emailed Cindy Gaudino, Manager Source Protection and Real Estate, Connecticut Water Company, concerning any changes on the revised Water Supply Plan and Ms. Gaudino emailed her back stating nothing has changed.

Chairman McGregor stated the CT Water Company is required every 5 years to evaluate the Water Supply Plan so they are not holding land that is not relative to the interest of present and future water needs in the State of CT. Chairman McGregor also stated the CT Water Company is required to notice if there is land that does not meet their criteria and can be disposed of in the future.

Kris Sullivan has questions pertaining to the parcel North of Edwards Road and the pump station, if it was abandoned and when. Kris will pursue contacting the CT Water Company.

Isabel Kearns, IWEO, will submit a letter to the CT Water Company requesting more information on the parcels.

6. Discussion regarding the policy for the deadline of accepting application before a scheduled meeting –

Commission members discussed changing the policy pertaining to the submission of applications before a scheduled meeting. It was moved by Breslin and seconded by Sullivan that the Commission will change the application submission policy to no less than five business days before the date of the regular scheduled meeting. The clerk will post signs in appropriate locations and place on the Town website effective January 1, 2011.
Unanimous approval.


7. Discussion regarding request to Planning and Zoning Commission on possible zoning regulation amendments for minimum lot square and slopes –

Isabel Kearns, IWEO, distributed an email from Hiram Peck, Planning Consultant, dated November 21, 2010, Re: Questions for Wetland Commission on possible regulation amendments.

The Commission would like Mr. Peck to attend the next regular meeting scheduled for December 28, 2010. Ms. Kearns will invite Mr. Peck.


OLD 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 Bill Walters, Civil Engineer and Land Surveyor for John Paul Garcia and Associates representing the applicant, William Grieger, who was also present.

In discussion, Commission members noted:
· That Kris Sullivan visited the site with Karen Walton, Assistant IWEO, and stated the plan is accurate as shown.
· The engineer needs to submit a detail on how the wetlands will be restored from the pipe installation.

Mr. Grieger reviewed the proposed project noting:
· That where the trench is proposed there are no materials that have to be removed or hauled off.

It was moved by Sullivan and seconded by Breslin to approve Application #1157 submitted by EMG Properties, LLC, for an Inland Wetlands Permit to construct a commercial building and parking area located at 429 Fairwood Road in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, CT:
· “Site Development Plan”, dated October 7, 2010, with no revisions, Drawing No. C-1.
· “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, with no revisions, Drawing No. C-2.
· “Typical Details”, dated October 7, 2010, with no revisions, Drawing No. C-3.
· “Typical Details”, dated October 7, 2010, with no revisions, Drawing No. C-4.

in addition, is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
The applicant shall submit details concerning the wetlands crossing, the materials to be removed and the reestablishment of the wetlands area.
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 and amount acceptable to Town Counsel.
The placement of Inland Wetlands Conservation Area Signs is required and posted as determined by Staff.

The Commission’s decision was based on the exhibition of 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.



It was moved by Sullivan and seconded by Breslin to adjourn the regular meeting at 9:19 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission