MINUTES OF THE BETHANY
Due to lack of a quorum because of the attendance at the Town Budget Hearing, Monday, April 23, 2012, the regular scheduled Inland Wetlands Meeting was adjourned until Tuesday, April 24, 2012, at 7:30 p.m.
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:
Alexandra Breslin, Chair
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, Member
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Smith and seconded by Hathaway to approve, as submitted, the minutes of the March 26, 2012, Special Meeting.
Voting were: Breslin, Sullivan, Smith, Hathaway, Gaw.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Isabel Kearns, IWEO, to First Selectwoman Derrylyn Gorski, dated April 17, 2012, Re: Cease and Desist Order, Non-Permitted Drainage Work on Anthony Court and Clay Road.
It was moved by Smith and seconded by Gaw to add the following item to the agenda for this evening, “Show Cause Hearing regarding Cease and Desist Order to Town of Bethany for non-permitted drainage work on Anthony Court and Clay Road”.
Voting were: Breslin, Sullivan, Smith, Hathaway, Gaw.
Unanimous approval.
PUBLICATIONS AND WORKSHOPS
1. The Habitat, Spring 2012.
2. Connecticut Federation of Lakes, March 2012.
It was moved by Sullivan and seconded by Hathaway to add the following item to the agenda for this evening, “Application #1183 submitted by Peter Olsen for an IW Permit for a residential site development located at 47 Earley Court.
Voting were: Breslin, Sullivan, Smith, Hathaway, Gaw.
Unanimous approval.
NEW BUSINESS
1. 87 Old Amity Road, Application #1181 submitted by Robert Weidig, James Rosson and Mark Esposito for an IW Permit for outside storage of landscaping trailers, bucket trucks, wood chips and unsplit wood and up to 10 cars for sale –
No one was present to speak on behalf of this application.
Isabel Kearns, Inland Wetlands Enforcement Officer stated that Robert Weidig would like to operate a tow business out of 87 Old Amity Road and it is required to sell three cars from this location to comply with the State requirements to obtain a dealership approval. Ms. Kearns also stated that there will be no new construction, no repairs on site, and the area is all gravel.
It was moved by Sullivan and seconded by Smith that after review of the plan entitled, “87 Old Amity Road, Weidig, Esposito, Rosson, Outside Storage and Business Center”, dated April 2012, prepared by the applicant, and based on the fact that there being no new clearing or car repair on the site, it was the consensus of the Commission that no Inland Wetlands Permit is required at this time.
Voting were: Breslin, Sullivan, Smith, Hathaway, Gaw.
Unanimous approval.
2. 63 Sargent Drive, Application #1182 submitted by Paul Dispazio/Sargent Drive LLC for an IW Permit for the construction of a 182 feet by 80 feet storage building and parking area –
The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
Mr. Garcia reviewed the proposed project noting:
• There is an existing drainage basin on parcel.
• Proposal for a storage building and a small apartment on the second floor.
• Did not receive comments at this time from the South Central Connecticut Regional Water Authority.
In discussion, Commission members noted:
• A map entitled, “Site Plan for Lot #B-3, Amity Village”, prepared by William Gilbert Associates, Bethany, Connecticut, dated April 21, 1986, revised to December 8, 1986, shows the original drainage on the subject property.
• Will schedule a site visit.
• Asked Mr. Garcia to stake the corners of the building, the limits of pavement, and mark where the two new basins will be located.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 29, 2012. Tabled.
3. Discussion regarding Cease and Desist Order – Town of Bethany (Drainage repairs to Anthony Court and Clay Road –
Letter from Isabel Kearns, IWEO, to First Selectwoman Derrylyn Gorski, dated April 17, 2012, Re: Cease and Desist Order, Non-Permitted Drainage Work on Anthony Court and Clay Road and Show Cause Hearing will be held on Tuesday, April 24, 2012, at 8:00 p.m.
Chair Breslin stated no one is expected from the Town.
The Commission referred to Section 4.1.f. of the Inland Wetlands Regulations, Permitted Uses as of Right & Nonregulated Uses.
Chair Breslin informed the Commission that drainage work was completed and the Inland Wetlands Commission denied the Application #1178, which was for this work.
The Commission would like to schedule a site visit with the Town Engineer.
4. Discussion with Alan Clement of 290 Amity Road regarding Conservation Easement and farm operation, including planting of vegetables and trees –
Present for this discussion was Alan and Shirley Clement of 290 Amity Road.
Isabel Kearns, Inland Wetlands Enforcement Officer, stated that Mr. Clement would like to plant vegetables and fruit trees, and would like to register his property as a farm. Ms. Kearns proceeded to state that there was a requirement of his IW Permit #734 approved March 6, 2000, to file a Conservation Easement on the Land Records, which has not been completed and therefore, he is in violation of his permit.
In discussion, Commission members noted:
• Property owner has not met the conditions of the original permit as to filing the Conservation Easement on the Land Records to protect the area mentioned from future development and which feeds down into Lake Chamberlain, a Public Supply Watershed.
• The Commission would like the applicant to address the issue with filing the Conservation Easement on the Land Records to comply with the original permit and then the Commission will discuss Mr. Clement’s request to register his property as a farm.
• Suggested the property owner contact the USDA National Resources Conservation Service or the Southwest Conservation District for free consulting on how to protect the water quality and what to plant.
5. 47 Earley Court, Application #1183 submitted by Peter Olsen for an Inland Wetlands Permit for a residential site development -
The Commission formally received the application. Present to speak on behalf of this application was Peter Olsen, applicant.
Mr. Olsen reviewed the proposed project noting:
• That the septic was approved by Quinnipiack Valley Health District.
• There will be no clearing on the lot.
In discussion, Commission members noted:
• Will schedule a site visit.
• Asked Mr. Olsen to stake the outline of house, septic system and one or two for the driveway.
• The applicant to supply a letter from their engineer pertaining to the capability of the testing of the roofing drains.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 29, 2012. Tabled.
OLD BUSINESS
1. Executive Session to discuss appeal submitted by James Woodward – Tabled.
2. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Tabled.
SCHEDULE SITE INSPECTION DATES
1. Clay Road, Anthony Court, Anella Drive - Site visit scheduled for Thursday, May 10th , at
6:30 p.m. Commission members to meet at the Corner of Clay Road and Anthony Court.
Continuation of Show Cause Hearing will follow at a Special Meeting on Thursday, May 10th, at 7:30 p.m., in the Commission Meeting Room of the Town Hall.
2. 63 Sargent Drive and 47 Earley Court – Site visit scheduled for Saturday, May 19th at 8:00 a.m. Commission members to meet at the Town hall Parking Lot.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Gaw to adjourn the regular meeting at 8:52 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
