Thursday, February 2, 2012

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JANUARY 23, 2012 Page 1 of 5

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:
Alexandra Breslin, Chair
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member, arrived at 8:08 p.m.

The following member of the Commission was absent:
Lisa Gaw, Member

Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer


It was the consensus of the Commission to start the meeting with New Business.


NEW BUSINESS

1. 165 Hoadley Road, Application #1179 submitted by South Central Connecticut Regional Water Authority for an Inland Wetlands Permit for a commercial timber harvest –

Chairman Breslin stated for the record that she represents the Town of Bethany for the Representative Policy Board South Central Connecticut Regional Water District.

The Commission formally received the application. Present to speak on behalf of this application was Valerie O’Donnell, Forester form South Central Connecticut Regional Water Authority.

Ms. O’Donnell reviewed the proposed project noting:
· There is one spot with a stream crossing and there is a culvert in place. She does not anticipate any impact to the wetlands.
· The harvest works around the wetlands.
· This is a commercial timber harvest and the timber goes out to bid to professional loggers.
· Submitted photographs and reviewed.

In discussion, Commission members noted:
· Due to the stream crossing the applicant does need to come before the Commission. (Sited from the Bethany Inland Wetlands and Watercourses Regulations, Page 27, Appendix A.)

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.

2. 694 Carrington Road, Application #1180 submitted by South Central Connecticut Regional Water Authority for an Inland Wetlands Permit for a commercial timber harvest –

The Commission formally received the application. Present to speak on behalf of this application was Valerie O’Donnell, Forester form South Central Connecticut Regional Water Authority.

Ms. O’Donnell reviewed the proposed project noting:
· There is a stream crossing.
· The harvest works around the wetlands.
· This is a commercial timber harvest and the timber goes out to bid to professional loggers.
· Submitted photographs and reviewed.

The Commission received a letter, dated January 10, 2012, from Valerie O’Donnell from the Regional Water Authority, to waive the application fees on both applications.

It was moved by Sullivan and seconded by Smith to waive the Town application fee only for Application #1179 and #1180 submitted by the SCC Regional Water Authority as per Section 19.7.b. and c. of the Bethany Inland Wetlands and Watercourses Regulations. Unanimous approval. The Regional Water Authority will have to pay the State fee for the applications of $120.00.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.

PUBLIC HEARING

· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision –

At 8:02 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation.

Present to speak on behalf of this application, representing the applicant, Mr. James Woodward, were the following:
1. Attorney Paul Jessell of Watertown, Connecticut.
2. Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut.
3. Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC.
4. Mr. George Logan of Rema Ecological Services.

Attorney Jessell addressed Exhibit 3A (email from Marc Adelberg of 29 Mesa Drive) from the public hearing on December 19, 2011, and stated that there are no plans for an accessway to Beacon Falls and there has been no easement granted. Also Attorney Jessell noted that Dr. Michael Klemens who prepared Exhibit 3B (Report from Dr. Michael Klemens, dated December 11, 2011) assisted the homeowner who submitted Exhibit 1Q (Connie LaFemina of 50 Mesa Drive) and is in opposition of this application.

Member Roger Hathaway arrived at 8:08 p.m.

Alan Shepard, P.E. , submitted and reviewed a diagram entitled, “4” Bituminous Concrete Park Curbing”. Mr. Shepard briefly reviewed the soil and erosion control plan, vernal pool and wetlands crossing.

Mr. George Logan, submitted and reviewed his letter dated January 20, 2012, addressing the report from Dr. Klemens dated December 11, 2011.

Mr. James McManus, Soil Scientist, discussed the northern part of lot 3 where the vernal pool habitat possibly exists and if so, this would become a conservation easement for protection.

Chair Breslin asked if there were any comments from the public. The following public member commented:
1) Todd Green of 64 Mesa Drive – Questioned the protection of the habitat of the vernal pool, blasting near the vernal pool, easement for the Beacon Falls property, concerned with development in Beacon Falls and how will it be accessed. Also, mentioned water runoff issue on his property coming down from slope.
2) Michael Robbins of 22 Westview Road, Beacon Falls – Mentioned the trail system from the Beacon Falls property that connects to Mendell’s Folly in Bethany and whether the trail system would be maintained during and after construction. Also asked questions about the vernal pool.
3) Don Murphy of 67 Tawney Drive – Concerned about what the impact the development would have on the Watch Hill preserve that already exists.
4) Marc Adelberg of 29 Mesa Drive – Requested clarification as far as the legal accessway to the property in Beacon Falls.
5) Joseph Tartaglia of 50 Mesa Drive - Concerned with not knowing what is going to happen to the property in Beacon Falls and what impact it will have on the neighborhood. Also, he mentioned his wife, Connie LaFemina, who contacted Dr. Klemens and stated Dr. Klemens was not compensated for helping her.

The following is some of the information noted by the Commission:
· There are no plans for development of the remainder of Mr. Woodward’s property in Bethany or the Beacon Falls property.
· Existing wood trail that provides minimal access to Beacon Falls property.
· Entire file from the original application in 2008 will be included in hearing record.
· Major concern is the wetlands crossing and the engineer feels he picked the best spot to cross the stream and will be using pipe, which is the most environmentally friendly method.

Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 4A – Letter from George Logan of REMA, dated January 20, 2012, Re: Response to letter from Dr. Michael Klemens dated December 11, 2011, for proposed Clifford Drive Estates, 46 Mesa Drive.
Exhibit 4B – Diagram submitted by Alan Shepard P.E. from Nowakowski, O’Bymachow and Kane, entitled “4” Bituminous Concrete Park Curbing”.

At 9:29 p.m., there being no further questions or discussion, Chair Breslin closed the public hearing on the subject application.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Smith to approve the minutes of the December 19, 2011, Regular Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.

2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the January 7, 2012, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from George Logan of REMA, dated January 20, 2012, Re: Response to letter from Dr. Michael Klemens dated December 11, 2011, for proposed Clifford Drive Estates, 46 Mesa Drive.

BILLS

1. It was moved by Smith and seconded by Sullivan to approve the payment of $3,010.00, for professional services rendered by Dr. Michael W. Klemens as shown on a bill dated December 21, 2011. (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.

2. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated January 23, 2012, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Voting were: Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.


OLD BUSINESS

1. 46 Mesa Drive, James Woodward, Application #1170 a Five-lot Subdivision –

The public hearing was closed on January 23, 2012. The Commission scheduled a Special Meeting on Monday, January 30, 2012, at 6:00 p.m. to start the deliberation phase. Tabled.


2. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –

The Commission did not receive any new information on this application.

The Commission conducted a site visit on January 7, 2012.

The Town will submit an extension of time to act on the application.

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, February 27, 2012. Tabled.


3. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Tabled.


ADJOURNMENT

There being no further business to come before the Commission, it was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:35 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Inland Wetlands Commission