Thursday, March 10, 2011

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, FEBRUARY 28, 2011 Page 1 of 5

The regular meeting of the Inland Wetlands Commission was called to order at 7:50 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
Kristine Sullivan, Member
Brian Smith, Alternate Member, seated as a regular member

The following members of the Commission were absent or excused:
Alexandra Breslin, Vice-Chairman
John Kane, Member
Jack Ellison, Member

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


APPROVAL OF MINUTES

1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the January 24, 2011, Regular Meeting.
Voting were: McGregor, Smith, Sullivan.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Nicholas Weber of 108 Beacon Road, dated February 5, 2011, Re: Concerned with impact of construction at 83 Beacon Road to pond at 88 Beacon Road.
2. Letter from Nafis & Young, dated February 15, 2011, Re: Review of IW application for 83 Beacon Road, proposed resubdivision of Lot 2.
3. Memo from Isabel Kearns, IWEO, dated January 31, 2011, Re: Review of application for 116 Old Amity Road.
4. Letter from Nowakowski, O’Bymachow, Kane & Associates, dated February 7, 2011, Re: Comments from review letter by IWEO, dated January 31, 2011.
5. Letter from SCC Regional Water Authority, dated February 16, 2011, Re: Comments from review of application for 116 Old Amity Road, veterinary office.








NEW BUSINESS

1. 32 Bachelor Oak Road, Application #1163 submitted by Paris Spanolios for an Inland Wetlands Permit for the installation of a 21’ round above-ground pool –

The Commission formally received the application. Present to speak on behalf of this application was Mr. Paris Spanolios, applicant and owner of record.

Mr. Spanolios reviewed the proposed project noting:
· That fill will be brought in to level area where pool will be placed.
· That Quinnipiack Valley Health District has approved the site plan.

In discussion, Commission members noted:
· That the applicant will clarify at the next meeting, March 28, 2011, which type of pool filter he will be using and will bring in an information sheet describing the filter.
· That the applicant took the site plans and will revise them to show where the erosion controls will be placed.
· That the applicant will submit a drawing to document how much fill will be brought into the site. (The IWEO will work with the applicant.)

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 28, 2011. Tabled.


2. 16 Falls Road, Application #1164 submitted by Robert Hilton for an IW Permit to construct a concrete patio and walkway –

The Commission formally received the application. Present to speak on behalf of this application was Robert Hilton, applicant, representing the owner of record, Jame Mank.

Mr. Hilton reviewed the proposed project noting:
· That presently there is a deck on the back.
· That the applicant is proposing to construct a 16’ by 30’ concrete patio.

In discussion, Commission members noted:
· That the patio will be a sand base and then poured concrete.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 28, 2011. Tabled.






3.) Discussion regarding Hop Brook Resubdivision, 100 Miller Road (letter for PZC)

Present for this discussion was Attorney Michael Alexander representing Mr. Stoyer, the proposed applicant.

Isabel Kearns, IWEO, briefly reviewed the 100 Mill Road, Hop Brook Subdivision stating that the IWC approved three lots and the PZC only approved one lot. Ms. Kearns continued on stating that the applicant will be going before the PZC to obtain the three lots and will need a letter from the IWC stating that the changes to the site plan are minor and will not cause a significant activity. Ms. Kearns stated the changes on the site plan are minor in nature and will not cause any disturbance to the wetlands (changes were a lot line revision and a temporary easement was changed to a permanent access and grading easement).

After discussion with Attorney Alexander, it was the consensus of the Commission that the proposed applicant must submit an application for a modification of the permit for 100 Miller Road to reflect the changes that were made (lot line and easement) to the site plan. Attorney Alexander stated they would submit a modification an application at the next regular meeting, March 28, 2011.

OLD BUSINESS

1. 83 Beacon Road, Application #1161 submitted by Jack Moscato for an Inland Wetlands Permit for a one-lot resubdivision –

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant, Jack Moscato, who was also present.

Mr. Garcia reviewed the proposed project noting:
· That he received comments from Nafis & Young, dated February 15, 2011, and has not revised the plans pending a discussion with Dave Nafis and his client (Jack Moscato) pertaining to the level-spreaders.
· That Mr. Moscato will obtain Dorothy Moscato’s (spouse) signature on the application for she is listed as an owner of record.
· That Mr. Moscato will take care of the application fees of $1,610.00 fees.

In discussion, Commission members noted:
· That the slope varies between 15% and 12% and goes down to 8%.
· That the applicant will need to grant an extension of time in which to commence the public hearing.

The Commission received a letter from Nicholas Fox Weber of 108 Beacon Road, dated February 5, 2011, regarding the concern of silt runoff from 83 Beacon Road, which can impact the adjacent wetlands on the property of 88 Beacon Road. The Commission would like to address this issue further regarding the runoff and the State’s involvement with the basin on Route 42.
The Commission will schedule a Special Meeting on Tuesday, March 15, 2011, at 7:30 p.m. in the Commission Meeting Room to discuss this application further with Dave Nafis, Town Engineer, and determine if a public hearing should be scheduled.

Mr. Moscato questioned the amount of the application fee. The Commission stated there was a new fee scheduled adopted by the Town to cover specific costs acquired by an application (for example costs for engineering reviews and legal notices).

Mr. Garcia granted an extension of time for 35 days to begin the public hearing on the subject application.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 28, 2011. Tabled.

2. 116 Old Amity Road, Application #1162 submitted by Kimberly McClure Brinton, Country Companions Veterinary Services, Inc. for an IW Permit for the approval of a site plan to operate a veterinary clinic -

Present to speak on behalf of this application was Kimberly McClure Brinton, applicant and owner of record.

Mrs. Brinton reviewed the proposed project noting:
· That she operates a mixed practice serving all animals including lamas, alpacas, sheeps and goats.
· That this practice will be a working outpatient clinic, no animal stay overnight.

In discussion, Commission members noted:
· That this location is appropriate for the use of a veterinary clinic.
· That the applicant is proposing a 26’ by 50’ addition and a parking area.

Commission members proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to approve Application #1162 submitted by Kimberly McClure Brinton for an Inland Wetlands Permit to construct a 26-foot by 50-foot addition and parking area to operate Country Companions Veterinary Services located at 116 Old Amity Road in accordance with the following submitted plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:
a) “Site Plan” prepared for Country Companions Veterinary Services, LLC, dated January 17, 2011, revised to February 1, 2011.
b) “Map of Property – Existing Conditions Map” prepared for Country Companions Veterinary Services, LLC, dated December 28, 2010, revised to February 1, 2011.

Also, this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the exhibition of best management and engineering practices exhibited on the plan and if this plan is followed, there should be no disturbance to the wetlands. Unanimous approval.


3. Discussion with Hiram Peck, Planning Consultant, regarding the possible regulation amendments suggested by the Inland Wetlands Commission –

Mr. Peck was not available. Tabled.


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

The Commission continued the discussion concerning revising the wording on the Conservation Area Signs.

After discussion, the proposed wording is as follows: “NOTICE - YOU ARE IN AN INLAND WETLANDS REVIEW AREA. YOUR ACTIVITY ON THIS SITE MAY REQUIRE
ACTION BY THE BETHANY INLAND WETLANDS COMMISSION. CONTACT THE BETHANY IWC CLERK AT TOWN HALL”. Tabled.


ENFORCEMENT OFFICER’S REPORT

Isabel Kearns, IWEO, stated there is no report due to blanket of snow and ice.



It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:09 p.m. Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission