Friday, September 11, 2009

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, AUGUST 24, 2009 Page 1 of 5

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, Vice-Chairman, Acting as Chairman
Kristine Sullivan, Alternate Member, seated as a regular member.
Brian Smith, Alternate Member, seated as a regular member.

The following members of the Commission were absent:
Patricia McGregor, Chairman
Jon Painter, Member
Jack Ellison, Member
John Kane, Member

Also present were:
Karen Walton, Land Use Assistant


ADDITIONS TO MEETING AGENDA
It was moved by Sullivan and seconded by Smith to add two new items to the agenda as follows:
Peter Verab, 93 Peck Road, preliminary discussion of proposed modifications to the agricultural use of the site.
Anne Warner, 228 Falls Road, receipt and appropriate action regarding an application to construct a new residential driveway.
Unanimous approval.


APPROVAL OF MINUTES

1. It was moved by Sullivan and seconded by Smith to approve the minutes of the July 27, 2009, Regular Meeting, with the following corrections:
First Page, Item #3 – Reads “It was moved by Sullivan and seconded by Kane to reaffirm that being consistent with Section 22a-44 of the General Statutes and with Section 14.3 of the IW Regulations, the Inland Wetlands Commission has the authority to authorize its agent, Isabel Kearns, to take actions or investigations necessary to the enforcement of these Regulations, as per Section 3.F of the Inland Wetlands Bylaws.” Change to “It was moved by Sullivan and seconded by Kane as provided by Section 22a-44 of the General Statutes and Section 14.3 of the IW Regulations, the Inland Wetlands Commission authorizes its agent, Isabel Kearns, to take actions or investigations necessary for the enforcement of the IWC Regulations, as provided by Section 3.F of the Inland Wetlands Bylaws.
First Page, Item #4 – Reads “It was moved by Kane and seconded by Painter that in the absence of the Inland Wetlands Agent, Isabel Kearns, the Inland Wetlands Commission designates Karen Walton, Land Use Assistant, to take actions or investigations necessary to the enforcement of the Inland Wetlands Regulations, as per Section 3.F of the Inland Wetlands Bylaws.” Change to “It was moved by Kane and seconded by Painter that in the absence of the Inland Wetlands Agent, Isabel Kearns, to designate Karen Walton, Land Use


Assistant, to take actions or investigations necessary for the enforcement of the Inland Wetlands Regulations, as provided by Section 3.F of the Inland Wetlands Bylaws.
Voting for: Breslin, Sullivan, Smith.
Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Quinnipiack Valley Health District, dated August 5, 2009, Re: 265 Beacon Road, Veteran’s Memorial Park, 265 Beacon Road, Application to construct pavilion, comments from completion of review of application with attached letter dated July 22, 2009, pertaining to more information needed to complete review of application to construct pavilion.
2. Letter from Isabel Kearns, IWEO, to Daniel Dinis of 27 Hamilton Drive, dated July 27, 2009, Re: Release of Cease Activity Order issued May 9, 2006 for 27 Hamilton Drive.
3. Letter from Isabel Kearns, IWEO, to Bruce Hitchcock of 268 Wooding Hill Road, dated August 6, 2009, Re: Release of Cease and Desist Order issued October 5, 2007 for 268 Wooding Hill Road.
4. Letter from Isabel Kearns, IWEO, to William Palmieri of 270 Wooding Hill Road, dated August 6, 2009, Re: Release of Cease and Desist Order issued October 5, 2007 for 270 Wooding Hill Road.
5. Letter from Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., submitted August 5, 2009, Re: Request for Membership Renewal for the period of July 1, 2009, through June 30, 2010.
It was moved by Sullivan and seconded by Smith to approve the payment of $75.00 to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. for the Membership Renewal for the period of July 1, 2009, through June 30, 2010, for two commissions (sustaining). Share with the Conservation Commission.
Unanimous approval.


NEW BUSINESS

48 Clay Road, Application #1113-M-1 submitted by Baldwin Development for drainage modifications of the site plan for the residential development of the site.
The Commission formally received the application. Present to speak on behalf of the application was Alan Shepard, P.E. from Nowakowski, O’Bymachow & Kane and Tom Relihan, applicant and owner of record. Mr. Shepard reviewed the revised plans noting:
· The plans show a property line adjustment with the adjoining property at 42 Clay Road.
· The house has been moved slightly from the previous approval.
· The modified septic system design is still being reviewed by the Quinnipiack Valley Health District.
· The drainage system has been reconfigured.




The Commission received an email from Nafis and Young, dated August 20, 2009. Mr. Shepard stated he addressed all the issues in the email. Comments dated August 21, 2008, were also received from the Public Works Director Alan Green regarding the application. In the course of discussion, Mr. Shepard submitted new plans revised to August 20, 2009. (see file)

In discussion, Commission members noted:
· Work on the drainage system in Clay Road would need to be completed first.
· Provision of notice to future property owners through the property deed of the need to maintain the rain gardens and drainage swales as integral parts of the site drainage system. Note: Mr. Shepard offered to have an as-built plan filed on the land records.
· That the plans need to be revised to provide more details on the under drain system.
· Alternative use of a SNUP catch basin which would provide for entrapment of more sediments.

The Commission will conduct a site visit on Saturday, August 29, 2009. The Commission members to meet at the Town Hall parking lot at 8:00 a.m. Further discussion and appropriate action on the application was deferred until the Commission’s regular meeting on September 28, 2009.


228 Falls Road, Application #1131 submitted by Anne Warner to construct a new driveway.
The Commission formally received the application. Present to speak on behalf of the application was Anne Warner, applicant and owner of record. Ms. Warner noted that a new driveway is necessary to provide safe access to the site, including for emergency vehicles.

In discussion, Commission members noted the following:
· Details on how the materials removed to create the new driveway would be used to fill in portions of the existing driveway.
· Would like Town Engineer to review.
· A sedimentation and erosion control plan for the new driveway construction.
· Storm water management plan for the new driveway.
· Details on how the driveway will be graded.
· Details on the driveway construction.
· Would like center of driveway staked for the site visit.

The Commission will conduct a site visit on Saturday, August 29, 2009. Commission members to meet at the Town Hall parking lot at 8:00 a.m. Further discussion and appropriate action on the application was deferred until the Commission’s regular meeting on September 28, 2009.







93 Peck Road, preliminary discussion of proposed modifications related to the agricultural use of the site.
Mr. Peter Verab was present to have a preliminary discussion regarding proposed modifications he had related to the agricultural use of his property located at 93 Peck Road. During discussion, he referred to a submitted a plan revised to August 24, 2009, noting that the proposed modifications include:
· Adding #6 Greenhouse (will file permit when ready to construct).
· Compost area, which had previously been proposed to be an open area, now to be covered as required by the State Department of Environmental Protection.
· Construction of a heating plant for the greenhouses. The plant might be fueled in part by methane gas from the compost area or furnaces running on switch grass pellets. The switch grass is grown on property Mr. Verab leases in Torrington.
· Relative to the existing permit for the site, Mr. Verab noted that the new driveway is about 50% complete.

Mr. Verab will submit an application for the proposed modifications at a future date.


OLD BUSINESS

265 Beacon Road – Veteran’s Memorial Park, Application #1130 submitted by the Town of Bethany to construct a pavilion.

Relative to the proposed construction of the pavilion, the Commission received a letter from Quinnipiack Valley Health District dated August 5, 2009. Commission members expressed concern that as shown on the submitted plans that drainage from the pavilion area would eventually outlet directly into the lake. Karen Walton, Assistant IWEO, will contact Nafis and Young pertaining to the drainage discharging directly into the pond and are there any alternatives. It was noted that surface runoff would include excrement from the geese that graze around the lake.

The Commission will conduct a site visit on Saturday, August 29, 2009. Commission members to meet at the Town Hall parking lot at 8:00 a.m. Further discussion and appropriate action on the application was deferred until the Commission’s regular meeting on September 28, 2009.

Revision of Inland Wetlands Regulations.

A Public Hearing was scheduled at the July 27, 2009, IWC meeting on proposed revisions of the IWC Regulations. The hearing was scheduled for the Commission’s Regular Meeting on Monday, September 28, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.





It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:36 p.m.
Unanimous approval.

Respectfully submitted,



Antonia R. Marek, Clerk
for the Inland Wetlands Commission