Friday, June 5, 2009

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, APRIL 27, 2009 Page 1 of 5


The regular meeting of the Inland Wetlands Commission was called to order at 7:55 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
Jack Ellison, Member
Kristine Sullivan, Alternate Member

The following members of the Commission were absent:
John Kane, Member
Jon Painter, Member

Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Land Use Assistant


APPROVAL OF MINUTES

The Commission did not vote on the March 23, 2009 minutes because there were not enough members present at this meeting that were at the March 23, 2009, Regular Meeting.


GENERAL CORRESPONDENCE

1. Narrative from Connwood Foresters, Inc., dated March 3, 2009, Re: Notice of Timber Harvesting Operations in Bethany and Prospect.
2. Wetland Delineation Report prepared by Evans Associates Environmental Consulting, Inc., dated April 21, 2009, for the property located at 171 Amity Road, The Learning Collaborative Property.
3. Letter from Isabel Kearns, IW Agent, to Daniel Cusano of 185 Beacon Road, dated March 30, 2009, Re: Obtaining services of a Soil Scientist and an A-2 Survey for application for 185 Beacon Road.
4. Letter from Shauna Cusano of 185 Beacon Road, dated April 10, 2009, Re: Withdrawal of Application #1118 for 185 Beacon Road to construct a 24’ by 25’ building.
5. Letter from DTC, dated April 24, 2009, Re: Review of revised plans for Woodland Farm Resubdivision, 523 Carrington Road.
6. Letter from Derrylyn Gorski, First Selectwoman, dated March 31, 2009, Re: Withdrawal of Application #1120 (Mutual Housing Association), 761 Amity Road.
7. Letter from SCCRWA dated April 13, 2009, Re: Review of application for 36 Amity Road, reconstruction of garage and outbuilding.
8. Letter from Isabel Kearns, IW Agent to Ronald Bathrick owner of 226 Fairwood Road, dated March 31, 2009, Re; Notice of Violation, silt fence on north side not trenched at 226 Fairwood Road.
9. Letter from Isabel Kearns, IW Agent to Mark D’Andrea owner of 161 Falls Road, dated March 31, 2009, Re: Notice of Violation, anti tracking pad missing at end of existing driveway entrance at 161 Falls Road.


10. Letter from State of CT, DEP, dated March 19, 2009, Re: Copies of the DEP Status and Trends Report and Training Program Summary Report for 2005.

PUBLICATIONS AND WORKSHOPS

1. Connecticut Federation of Lakes, CFL News, April 2009.
2. The Habitat, CACIWC, Winter 2009.

NEW BUSINESS

1. 80 Litchfield Turnpike, Application #1123 submitted by Jason Hartmann for a Site Plan to operate a boarding stable with lessons, training and sales – Present for this application was Jason Hartmann, applicant. Isabel Kearns, IWEO, stated he is not building or constructing anything. The Commission concluded that there was no IWC action required for the proposed activity. The Commission will send a letter to the Planning and Zoning Commission that no Inland Wetlands action is required.

2. Discussion pertaining to jurisdiction for the planned forest harvesting operation scheduled to occur on property owned by The Connecticut Water Company in the Town of Bethany and Prospect – No one was present for this discussion. A narrative from Connwood Foresters, Inc., dated March 3, 2009, Re: Notice of Timber Harvesting Operations in Bethany and Prospect was received. The Commission reviewed and concluded there is a stream crossing being proposed and a permit is required. The IWEO will communicate to Connwood Foresters, Inc., that an IW application is required.

3. 212 Fairwood Road, Application #1124 submitted by Nancy Monocchi for a Site Plan to extend the existing sun porch/accessory building – No one was present for this application.
The Commission received the application. The Commission reviewed the application with the IWEO. The Commission authorized the IWEO to work with the applicant and supervise the proposed activity before the permit is issued. Tabled.

4. 171 Amity Road, Application #1125 submitted by The Learning Collaborative – Gina McCaffrey) for a Site Plan to construct fire escapes, sidewalks, generator pad and apron – Present for this application was Gina McCaffrey, applicant and owner of record. The Commission received the application. Ms. McCaffrey reviewed with the Commission the proposed activity. The Commission was concerned with the runoff from the roof in the back of the building on the southwest corner of the property travelling down slope into the wetlands. The applicant will work with the IWEO to direct the position of the runoff to stop any erosion. The IWEO will report back to the Commission at the next regular meeting. Tabled.










OLD BUSINESS

1. 185 Beacon Road, Application #1118 submitted by Daniel Cusano for an IW Permit for the construction of a 24’ by 25’ building – No one was present for this application. A letter from Shauna Cusano of 185 Beacon Road, dated April 10, 2009, Re: Withdrawal of Application #1118 for 185 Beacon Road to construct a 24’ by 25’ building. It was moved by Breslin and seconded by Ellison to accept the withdrawal of Application #1118 for 185 Beacon Road. Unanimous approval.

2. 523 Carrington Road (Woodlot Farm), Application #1119 submitted by John Paul Garcia for an IW Permit for a Three-Lot Resubdivision – Present for this application was John Paul Garcia, P.E./L.S., applicant. Some of the Commission members conducted a site visit on April 11, 2009. The Commission would like the applicant to access the lots with one common driveway for safety reasons and to eliminate extra runoff. Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2009. Mr. Garcia will revise the plans and resubmit them to DTC for comments. Tabled.

3. 761 Amity Road, Application #1120 submitted by the Mutual Housing Association of South Central CT, Inc. for an IW Permit to construct twelve rental senior affordable dwellings and one caretaker’s unit – No one was present for this application. A letter from Derrylyn Gorski, First Selectwoman, dated March 31, 2009, Re: Withdrawal of Application #1120 (Mutual Housing Association), 761 Amity Road. It was moved by Breslin and seconded by Ellison to accept the withdrawal of Application #1120 for 761 Amity Road. Unanimous approval.

4. 36 Carrington Road, Application #1121 submitted by Timothy Strazar (Strazar Design) for and IW Permit to replace the existing outbuilding and remove and reconstruct the existing 3-bay garage – No one was present for this application. Some of the Commission members conducted a site visit on April 11, 2009, and noted the wetlands are in a field in front of the house. The Commission discussed and proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1121 submitted by Timothy Strazar (Strazar Design) for an Inland Wetlands Permit to replace the existing outbuilding and remove and reconstruct the existing 3-bay garage in accordance with the submitted plan, untitled, submitted March 23, 2009, hand-drawn prepared by the applicant and with the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.

5. 82 Russell Road, Application #768-M-4 submitted by Mary Ellen Unger to modify the IW Permit to construct a 28’ by 40’ barn – No one was present for this application. Some of the Commission members conducted a site visit on April 11, 2009, and it was noted that ATV’s have been driving through the wetlands. The Commission asked the IWEO to communicate to the property owners through a letter what was observed at the site visit and educate them about the Conservation Area Signs posted on their property. The Commission proceeded to discuss the application and to deliberate. It was moved by McGregor and seconded by Ellison to approve Application #768-M-4 submitted by Mary Ellen Unger to modify the IW Permit to construct a 28-foot by 40-foot barn in accordance with the submitted plan, untitled, submitted March 10, 2009, with hand-drawn revisions prepared by the applicant and with the standard conditions found on the Land Records Volume 93, Page 802 and


Page 803. The Commission noted that for any future activity there can be no renewal of this permit and that a new permit will be required. This permit #768-M-4 will expire on August 21, 2010. Unanimous approval.

6. 845 Carrington Road, Application #1122 submitted by Acorn Traders for an IW Permit for a site plan to compost horse manure – Present for this application was Theron Simons and Robert Carrington, owners of record and applicants. Mr. Simon reviewed with the Commission the process of the composting and stated they are within the State guidelines. The Commission discussed and proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1122 submitted by Acorn Traders for an Inland Wetlands Permit for a site plan to compost horse manure in accordance with the following submitted plans prepared by Civil C1, Woodbury, Connecticut:
A. “Site Plan, Grading Plan, Erosion Control Plan, Drainage Plan”, dated March 20, 2009, with no revisions.
B. “Details”, dated March 20, 2009, with no revisions.
C. “Erosion Control & Stormwater Pollution Control Narrative”, dated March 20, 2009, with no revisions.
And with the following conditions in addition to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
a) This approval is contingent upon a bond being submitted in an amount acceptable to Diversified Technology Consultants and in a form acceptable to Town Counsel.
b) All of the terms and conditions of the original permit shall remain in full force and effect.
Unanimous approval.

7. 268 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to Mr. and Mrs. Bruce Hitchcock of 268 Wooding Hill Road, dated October 5, 2007 – Tabled.
8. 270 Wooding Hill Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Desist Order issued to William Palmieri and Kathryn Sylvester of 270 Wooding Hill Road, dated October 5, 2007 – Tabled.

9. 185 Fairwood Road, Reconvene “Show Cause” Hearing pertaining to the Cease & Restore Order Issued to William Grieger, dated May 1, 2007 – Tabled.

10. 185 Beacon Road, Reconvene “Show Cause” Hearing pertaining to the Cease and Restore Order Issued to Daniel Cusano, dated June 20, 2006 – Tabled.

11. 27 Hamilton Drive, Reconvene “Show Cause” Hearing pertaining to the order to Cease Activity Issued to Daniel Dinas and Angela Cunha, dated May 9, 2006 – Tabled.

12. Continue review and adoption process for the new Inland Wetlands Regulations (Adopt new Inland Wetlands Regulations at the same time as proposed Stormwater Regulations.) – The Commission scheduled a Special Meeting for Tuesday, May 19, 2009, at 7:30 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.






It was moved by Ellison and seconded by Breslin to adjourn the regular meeting at 9:30 p.m.
Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
for the Inland Wetlands Commission