Monday, April 4, 2011

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, MARCH 28, 2011 Page 1 of 6 The regular meeting of the Inland Wetlands Commission was called to order at 7:40 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 Brian Smith, Alternate Member, seated as a regular member The following members of the Commission were absent or excused: John Kane, Member Jack Ellison, Member Also present was: Isabel Kearns, Inland Wetlands Enforcement Officer It was moved by Breslin and seconded by Smith to amend the agenda, as suggested by the clerk, to add 32 Bachelor Oak Road, Application #1163 and 16 Falls Road, Application #1164 to Old Business Item’s 2 and 3. Unanimous approval. APPROVAL OF MINUTES 1. The Commission tabled the minutes of February 28, 2011, Regular Meeting, for further review. Tabled. 2. It was moved by Sullivan and seconded by Breslin to approve, as submitted, the minutes of the March 22, 2011, Special Meeting. Voting were: McGregor, Breslin, Sullivan, Smith. Unanimous approval. GENERAL CORRESPONDENCE 1. Letter from Law Office of Michael Alexander, LLC, dated March 23, 2011, Re: 100 Miller Road, map amendment asking that the application be tabled to the April 25, 2011, regular meeting. 2. Memo from Isabel Kearns, IWEO/ZEO, dated March 24, 2011, Re: Review comments on 6 Sargent Drive application. 3. Letter from SCC Regional Water Authority, dated March 28, 2011, Re: Review comments on 6 Sargent Drive, gas service station. 4. Letter from Isabel Kearns IWEO/ZEO to Kevin McSherry, Town Attorney, dated March 16, 2011, Re: 437 and 443 Fairwood Road, owner must comply with conditions of permit approvals or modify the permits. PUBLICATIONS AND WORKSHOPS 1. 2011 Municipal Inland Wetland Commissions Training Program. 2. 2011 Connecticut Land Conservation Conference. 3. The Habitat, Winter 2010. 4. Soil and Water, Spring 2011 Newsletter. BILLS 1. It was moved by Sullivan and seconded by Breslin to approve the payment of $65.00, for professional services rendered by Diversified Technology Consultants pertaining to property located at 185 Beacon Road, from December 19, 2010 to February 12, 2011. Unanimous approval. NEW BUSINESS 1. 2 Bear Hill Road, Application #1084-M-1 submitted by Jack Musial for a modification of the Inland Wetlands Permit to construct a 14-foot by 14-foot and 2-inches Deck – The Commission formally received the application. Present to speak on behalf of this application was Mr. Jack Musial, applicant and owner of record. Mr. Musial reviewed the proposed project noting: · That the house is on top of the hill and the wetlands are below. · That the deck will be on sono-tubes. In discussion, Commission members noted: · That on the application the Upland Review Area Impacted should read as 190 square feet. · That there would be more disturbance by installing the silt fence. Commission members discussed and proceeded to deliberate. It was moved by Smith and seconded by Sullivan to accept and approve Application #1084-M-1 submitted by Jack Musial for a modification of the Inland Wetlands Permit to construct a 14-foot by 14-feet and 2-inches deck located at 2 Bear Hill Road in accordance with the submitted plan entitled, “2 Bear Hill Road” dated November 3, 2003, submitted March 11, 2011, with hand-drawn revisions, prepared by the applicant and is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803: The requirement for the silt fence is eliminated. The Commission’s decision was based on the fact that there is insignificant activity. Voting: McGregor, Breslin, Smith, Sullivan. Vote: 4 to 0. Unanimous approval. 2. 100 Miller Road (Hopp Brook Resubdivision), Application #887-M-3 submitted by Christopher Stoyer for a modification of the Inland Wetlands Permit to amend map – The Commission formally received the application. No one was present to speak on behalf of this application. The Commission received a letter from the Law Office of Michael Alexander, LLC, dated March 23, 2011, Re: 100 Miller Road, map amendment asking that the application be tabled to the April 25, 2011, regular meeting. Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, April 25, 2011. Tabled. Diane Rusanowsky of 74 Miller Road (abutting property owner) received notification of the application and stated her concerns with the high water table, the water backing up at the storm drain and the proposed fill coming in. 3. 6 Sargent Drive, Application #1070-M-1 submitted by Mukesh Patel for a modification to construct a retail store/gas station – The Commission formally received the application. Present to speak on behalf of this application was Mr. John Garcia, P.E./L.S., representing the applicant and owner of record, Mukesh Patel. Mr. Garcia reviewed the proposed project noting: · That this is a modification of the original approval of July 25, 2007. · That the well has been drilled and reviewed and accepted by the State of Connecticut, Department of Public Health. · That the proposed activity has been reviewed by Quinnipiack Valley Health District, State of Connecticut, Department of Transportation, SCC Regional Water Authority and State of Connecticut, Department of Public Health. · That there will be no vehicle maintenance on the site. · That the revisions on the plans are the building is being moved to the south and the gas island is being moved further away from the wetlands. In discussion, Commission members noted: · That the septic will be under pavement. · That there will be no change in the design of the building but it will be smaller and the amount of grading will be reduced. · That the State of Connecticut, Department of Transportation would like the maintenance schedule for the onsite drainage system recorded on the Land Records. · That the tank size for the oil separator shall be provided by the project engineer. Commission members discussed and proceeded to deliberate. It was moved by Smith and seconded by Sullivan to accept and approve Application #1070-M-1 submitted by Mukesh Patel for a modification of the Inland Wetlands Permit to construct a retail store and gas station located at 6 Sargent Drive in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut: A. “Site Development Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-1. B. “Site Drainage and Layout Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-2. C. “Erosion and Sediment Control Plan”, dated March 14, 2007, revised to March 14, 2011, Drawing No. C-3. D. “Lighting and Landscaping Plan”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-4. E. “Septic Layout”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-5. F. “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-6. G. “Drainage Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-7. H. “Typical Details”, dated March 14, 2007, revised to January 31, 2011, Drawing No. C-8. In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803: The plans shall be revised to note the size of the tank for the oil separator and on Drawing No. C-2, revise the note as follows “Proposed Detention Basin, See Detail Sheet C-7”. This approval is contingent upon the receipt of a revised set of the final plans stamped by the project engineer. The owner of record shall provide to the Inland Wetlands Commission annually a written report documenting the actions required for the maintenance of the infiltration basin, the oil/particle separator, and the catch basins (reference Drawing No. C-2). The applicant’s engineer shall provide a bond estimate for the erosion control measures, detention pond and associated site drainage. Said bond shall be set in amount approved by Nafis & Young and shall be a cash bond. The Stormwater Management Systems Maintenance Agreement shall be recorded on the Land Records. The Commission’s decision was based on the fact that the building will be smaller than originally applied for and the grading will be less than the original plan; whereas, there should be no adverse impact on the wetlands. Voting: McGregor, Breslin, Smith, Sullivan. Vote: 4 to 0. Unanimous approval. 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. Commission members discussed and determined the application is incomplete due to nonpayment of application fees. It was moved by Sullivan and seconded by Smith to deny, without prejudice, Application #1161 submitted by Jack Moscato for an Inland Wetlands Permit for a one-lot resubdivision due to the fact the application is incomplete for lack of payment of fee. Voting: McGregor, Breslin, Smith, Sullivan. Vote: 4 to 0. Unanimous approval. 2. 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 – 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 the pool filter will be a no backwash filter (submitted owner’s manual on filter system). That the contractor will be bringing in about 50 yards of fill to flatten the area out where the pool will be located. In discussion, Commission members noted: That the Inland Wetlands Enforcement Officer will inspect the placement of silt fence before the start of any construction. Commission members discussed and proceeded to deliberate. It was moved by Smith and seconded by Breslin to approve Application #1163 submitted by Paris Spanolios for an Inland Wetlands Permit to install a 21-foot round above ground pool located at 32 Bachelor Oak Road in accordance with the submitted plan entitled, “Foundation Asbuilt Property located at 32 Bachelor Oak Road, Bethany, Connecticut”, dated August 26, 2004, with hand-drawn revisions drawn by the applicant dated March 7, 2011, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803. The Commission’s decision was based on the fact that the maximum limit of fill is 100 feet away from the wetlands, whereas, there should be no adverse impact on the wetlands. Voting: McGregor, Breslin, Smith, Sullivan. Vote: 4 to 0. Unanimous approval. 3. 16 Falls Road, Application #1164 submitted by Robert Hilton for an IW Permit to construct a concrete patio and walkway – No one was present to speak on behalf of the application. In discussion, Commission members noted: That it seems like the backyard is being filled in and that a field visit should be scheduled in the future to check this. Commission members discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Breslin to approve Application #1164 submitted by Robert Hilton for an Inland Wetlands Permit to construct a concrete patio and walkway located at 16 Falls Road in accordance with the submitted plan entitled, “16 Falls Road”, dated February 16, 2011, hand-drawn by the applicant, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803 The Commission’s decision was based on the fact that the stone patio being a well distance away from any adjacent wetlands, there should be minimal or no impact on the wetlands. Voting: McGregor, Breslin, Smith, Sullivan. Vote: 4 to 0. Unanimous approval. 4. Discussion with Hiram Peck, Planning Consultant, regarding the possible regulation amendments suggested by the Inland Wetlands Commission – Mr. Peck was not available. Tabled. 5. Discussion regarding revising the wording on the Conservation Area Signs - No discussion. Tabled. ENFORCEMENT OFFICER’S REPORT No report. It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:12 p.m. Unanimous approval. Respectfully submitted, Antonia R. Marek, Clerk for the Inland Wetlands Commission