MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, SEPTEMBER 28, 2009 Page 1 of 7
The regular meeting of the Inland Wetlands Commission was called to order at 7:32 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, who arrived at 7:43 p.m.
Jon Painter, Member, who arrived at 7:46 p.m.
Jack Ellison, Member
John Kane, Member
Kristine Sullivan, Alternate Member, voting as needed.
Brian Smith, Alternate Member, voting as needed.
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Karen Walton, Assistant Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Smith to approve the minutes of August 24, 2009, Special Meeting, with the following correction:
· Third paragraph – Reads “Jon Mainer, Member” Change to “Jon Painter, Member”.
Voting for: Breslin, Sullivan, Smith.
Unanimous approval.
2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of August 24, 2009, Regular Meeting.
Voting for: Breslin, Sullivan, Smith.
Unanimous approval.
3. It was moved by Sullivan and seconded by McGregor to approve, as submitted, the minutes of August 29, 2009, Special Meeting/Site Visit.
Voting for: McGregor, Breslin, Sullivan.
Unanimous approval.
BILLS
1. It was moved by Kane and seconded by Ellison to approve the payment of a bill for $95.00, dated September 28, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (IW Regulations).
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from State of Connecticut, Department of Environmental Protection, dated August 19, 2009, Re: Receipt of proposed Bethany Inland Wetlands and Watercourses Regulations with the following attachments:
a) Letter from Bureau of Water Protection and Land Reuse, dated October 14, 2008, Re: 2008 Legislation and Regulations Advisory, new section 7.11 added to the Inland Wetlands and Watercourses Model Regulations.
b) Letter from Bureau of Water Protection and Land Reuse, dated December 10, 2007, Re: 2007-1 Legislation and Regulations Advisory, Timing provisions of Section 8-7d of the Inland Wetlands and Watercourses Act.
c) Letter from Bureau of Water Protection and Land Reuse, dated February 1, 2007, Re: 2006 Legislation and Regulations Advisory, Amended Section 22a-42f of the Inland Wetlands and Watercourses Act, notification to the Commission of Public Health when application involves the watershed of a water company.
d) Inland Wetlands and Watercourses Act, Connecticut General Statute’s Sections 22a-36 through 22a-45.
e) Inland Wetlands and Watercourses Model Municipal Regulations, Fourth Edition May 1, 2006.
2. Letter from SCC Regional Water Authority, dated September 28, 2009, Re: Comment on Revisions to the Bethany Inland Wetlands Regulations.
3. Email from David Nafis, Town Engineer, dated August 25, 2009, Re: 265 Beacon Road, Drainage for the pavilion.
4. Letter from Alan Green, Public Works Director, dated September 3, 2008, Re: Drainage Issues, Clay and Bear Hill Roads.
5. Letter from Anne Warner owner of 228 Falls Road, dated September 24, 2008, Re: Driveway, 228 Falls Road, with the following attachments:
a) Letter from Bethany Fire Marshal, undated.
b) Prepared by applicant, Decision Factor Spreadsheet.
6. Email from Isabel Kearns, IWEO, to Anne Warner owner of 228 Falls Road, dated September 25, 2009, Re: Comments from revised map for 228 Falls Road.
7. Letter from SCC Regional Water Authority, dated September 28, 2009, Re: Comments on Application #1131, 228 Falls Road.
8. Letter from Isabel Kearns, IWEO, to Daniel Cusano owner of 185 Beacon Road, dated August 18, 2009, Re: Release of Cease and Restore Order, dated June 20, 2006.
9. Letter from Murtha Cullina dated September 10, 2009, Re: Annual Municipal Law Updated at Annual Convention on October 8, 2009.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Wildlife, July/August 2009.
PUBLIC HEARING
· Proposed revision of the “Town of Bethany Inland Wetlands and Watercourses Regulations”
At 8:32 p.m., Chairman McGregor called to order the public hearing on the revised regulations. The legal notice for the public hearing was read.
Chairman McGregor noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Copy of Notice of Public Hearing, dated September 10, 2009.
Exhibit 1B – Copy of Notice of Public Hearing with legal notice from the New Haven Register attached, dated September 10, 2009.
Exhibit 1C – Copy of proposed revised Town of Bethany Inland Wetlands and Watercourses Regulations.
Exhibit 1D – Letter with other correspondence from State of Connecticut, Department of Environmental Protection, dated August 19, 2009.
Exhibit 1E – Letter from South Central Connecticut Regional Water Authority, dated September 28, 2009, Re: Comments on revisions to the Bethany Inland Wetlands Regulations.
Exhibit 1F – Submitted by James Andreson of 134 Fairwood Road, two pages from the Mansfield, CT, Wetlands Regulations, Section 5, Optional Preliminary Review.
Exhibit 1G – Letter from State of Connecticut, Department of Consumer Protection, dated June 15, 2009, Re: Municipal agencies seeking registered land surveyors to provide certain data in digital format.
Chairman McGregor presented a summary of why the adoption of the revised regulations was in process. Chairman McGregor explained that the old regulations are missing important components and that the Commission took the most recent model regulations from the State of Connecticut, Department of Environmental Protection which will make the Town compliant with the State Statutes.
The following public members commented:
· Russ Von Beren of 134 Wooding Hill Road – Mr. Von Beren commented on not being able to see what the changes are from the regulations in place now.
· Dean Fiske of 48 Earley Court – Mr. Fiske commented on the Upland Review Area/Buffer Area requirements and the fee schedule associated with these areas.
· John Earley of 115 Bear Hill Road – Mr. Earley had a question on the Upland Review Area.
· Ken Martin, Chairman of Conservation Commission – Mr. Martin stated the Conservation Commission had a difficult time comparing the old regulations with the new. Mr. Martin also stated the Conservation Commission is strongly in favor of the new fee schedule and that the Conservation Commission feels the applicant should totally cover the cost of the application fees and not the Towns people.
· James Andreson of 134 Fairwood Road – Mr. Andreson commented on the buffer areas and stated his concern with the increase in the review area and the effect it will have on minor uses, such as shed.
· Ken Martin of 344 Sperry Road – Mr. Martin commented on Section 4.2 - golf courses, Section 7.5.f. - application requirements/alternatives, and Section 10.1.b. adding Water Companies.
At 9:54 p.m., Chairman McGregor closed the public hearing on the proposed regulations.
The Commission would like to schedule a Special Meeting for a work session to finalize the revised regulations. The clerk will contact members by email.
Tabled.
NEW BUSINESS
71 Mesa Drive, Application #1101-M-1 submitted by Fengting Xu for the placement of rip rap along edge of pond (modification of original permit which expires March 3, 2013) –
The Commission formally received the application. Present to speak on behalf of the application was Fengting Xu, applicant and owner of record.
Mr. Xu reviewed the proposed project noting:
· Mulch had previously been placed along the edge of the pond but was stripped away.
· Would like to place stone along the edge of pond.
· Submitted two photographs of the area being discussed.
In discussion, Commission members noted:
· Suggested that the Soil Conservation District look at this to see if rather than stone maybe there is a natural plant that can be used along the edge of the pond.
· Commission asked the applicant to delineate on map where the stone will be placed and how far along the pond.
· Staff to put applicant in contact with Soil Conservation District to assist further.
The Commission proceeded to deliberate. It was moved by Sullivan and seconded by Kane to approve Application #1101-M-1 submitted by Fengting Xu for an Inland Wetlands Permit to allow the placement of rip rap in the area as described by the applicant to be placed on a new copy of the map entitled “Site Development & Soil Erosion Control”, dated January 24, 2008, in the application file and subject to staff assisting in contacting the Soil Conservation Service to inquire if there are any plantings that might be recommended that could assist in creating a more esthetic look and natural feel in that area and also this approval includes the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
Unanimous approval.
4 Hilldale Road, Application #1132 submitted by Anthony Hebert for the construction of a deck and shed –
The Commission formally received the application. Present to speak on behalf of the application was Anthony Hebert, applicant and owner of record.
Mr. Hebert reviewed the proposed project noting:
· There is no garage and needs the shed for storage.
· Submitted an application to ZBA for a variance for the deck.
In discussion, Commission members noted:
· Isabel Kearns, IWEO, to review maps and visit the property.
· Applicant needs to notify the Regional Water Authority and the State of Connecticut Department of Public Health.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, October 26, 2009. Tabled.
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 an email from Nafis and Young, dated August 25, 2009, pertaining to the roof drainage from the pavilion. Commission members visited the site and determined the drainage will discharge away from the pond. The Commission felt the map was inaccurate and would like Nafis and Young to submit a corrected map. Isabel Kearns, IWEO, will contact Nafis and Young.
The Commission proceeded to deliberate. It was moved by Kane and seconded by Ellison to approve Application #1130 submitted by the Town of Bethany for an Inland Wetlands Permit to construct a pavilion located at 265 Beacon Road – Veteran’s Memorial Park in accordance with the following submitted plans prepared by Nafis & Young Engineers, Inc., Northford, Connecticut, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803:
“Proposed Pavilion”, dated July 13, 2009, with no revisions, Sheet 1.
“Floor Plan”, dated September 10, 2009, with no revisions, Sheet 2.
“Elevations”, dated September 10, 2009, with no revisions, Sheet 3.
“Plumbing & Electrical”, dated September 10, 2009, with no revisions, Sheet 4.
“Details”, dated September 10, 2009, with no revisions, Sheet 5.
“ADA Requirements”, dated September 10, 2009, with no revisions, Sheet 6.
Unanimous approval.
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.
Present to speak on behalf of the application was Mike O’Bymachow. from Nowakowski, O’Bymachow & Kane and also present was Tom Relihan, applicant and owner of record. Mr. O’Bymachow reviewed the revised plans noting:
· The revised plan now shows the silt fence and the footing drains.
· There will be no runoff increase from the site.
Commission received a letter from Al Green, Director of Public Works, dated September 3, 2009, pertaining to the drainage issues at Clay and Bear Hill Road.
In discussion, Commission members noted:
· There is a large amount of stone fill brought in and where will it be utilized on site.
· Stock piles on property are not shown on site plan.
The Commission proceeded to deliberate. It was moved by Breslin and seconded by Ellison to approve Application #1113-M-1 submitted by Baldwin Development for an Inland Wetlands Permit for drainage modifications of the site plan for the residential development of the site in accordance with the submitted plans prepared by Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803:
a) Site Plan for Lot 4 “property of Walter H. Swick”, dated June 3, 2009, revised to September 28, 2009, Sheet 1.
b) Site Development and Soil Erosion Control Plan, dated June 3, 2009, revised to September 28, 2009, Sheet 2.
Unanimous approval.
228 Falls Road, Application #1131 submitted by Anne Warner to construct a new driveway.
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 emergency vehicles.
Ms. Warner reviewed the proposed project noting:
· Received a letter from the Bethany Fire Marshal recommending reconstruction of another driveway.
· Reviewed west driveway option.
· Reviewed pros and cons of east and west driveway options.
In discussion, Commission members noted the following:
· West driveway option would require filling wetlands.
· Easterly driveway will have less impact on wetlands.
It was moved by Ellison and seconded by Kane to approve Application #1131 submitted by Anne Warner for an Inland Wetlands Permit to construct a new driveway in accordance with the submitted plan entitled, “Proposed Site Plan, 228 Falls Road, Bethany, CT”, dated September 25, 2009, prepared by John Paul Garcia and Associates, and with the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Unanimous approval.
WETLANDS ENFORCEMENT OFFICER’S REPORT
The following sites were inspected to determine whether IWC action is required for the proposed activities:
1) 71 Mesa Drive
The following sites were inspected relative to current applications:
1) 228 Falls Road
2) 48 Clay Road
3) 265 Beacon Road
4) 71 Mesa Drive
5) 274 Amity Road
The following sites were inspected to authorize IWC approval for Certificate of Occupancy:
1) 82 Russell Road
The following sites were inspected for permit compliance during construction:
1) 27 Miller Road
The following complaints were investigated:
1) 187 Beacon Road
It was moved by Ellison and seconded by Kane to adjourn the regular meeting at 10:25 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
