MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF WEDNESDAY, FEBRUARY 22, 2010 Page 1 of 5
The regular meeting of the Inland Wetlands Commission was called to order at 7:43 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
Jack Ellison, Member
Jon Painter, Member
Kristine Sullivan, Alternate Member, seated as a voting member.
The following members of the Commission were absent or excused:
Alexandra Breslin, Vice-Chairman
John Kane, Member
Brian Smith, Alternate Member
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 Painter to approve, as submitted, the minutes of January 25, 2010, Regular Meeting.
Voting for: McGregor, Painter, Sullivan.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Quinnipiack Valley Health District, dated February 17, 2010, Re: Comments from review of 437 and 443 Fairwood Road, develop an industrial building.
2. Letter from Diversified Technology Consultants, dated February 22, 2010, Re: Comments from review of materials for 443 and 437 Fairwood Road.
3. Letter from Martin Brogie, Environmental and Planning Consultants, dated February 22, 2010, Re: Inland Wetlands Application Review, 437 and 443 Fairwood Road.
4. Memo from Bethany Conservation Commission, dated February 22, 2010, Re: Woodward Estates – Conservation Easements.
5. Letter from Marian Doering and Joan Jackson of 72 Downs Road, Re: Concerning 63 Downs Road, barn and driveway.
6. Letter from Isabel Kearns, IWEO, to Mr. and Mrs. Todd Ryker of 2 Clay Road, dated February 8, 2010, Re: Correction Enforcement Notice for 2 Clay Road, conducting “regulated activity” within a wetland and its upland review area.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Wildlife, January/February 2010.
2. 2010 Municipal Inland Wetland Commissioners Training Program.
It was moved by Sullivan and seconded by Ellison to add Item #8 – Discussion with Al Shepard of Nowakowski, O’Bymachow and Kane pertaining to Woodward Estates, Conservation Easements to the NEW BUSINESS section of the agenda.
NEW BUSINESS
1. Discussion with Inland Wetlands Enforcement Officer regarding 63 Downs Road – Isabel Kearns, IWEO, stated that she had John Paul Garcia, P.E./L.S., representing Roger and Mary Ellen Simon of 63 Downs Road, submit an application for a modification to their IW Permit #1022 for the January 25, 2010, regular meeting due to the addition of the septic system on the site plan for the proposed barn. Mr. Garcia stated the application was for an extension of the permit only at the January 25, 2010, regular meeting. Chairman McGregor directed the IWEO to notify the PZC that the PZC cannot act on the application in front of them for 63 Downs Road until the applicants submit an application for a modification to the IWC and the IWC acts on the application.
2. 190 Russell Road, Application #1135 submitted by the Town of Bethany, D.P.W. for a cross pipe replacement – The Commission formally received the application. No one was present to speak on behalf of the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 22, 2010. Tabled.
3. Between 265 and 270 Wooding Hill Road, Application #1136 submitted by the Town of Bethany, D.P.W. for 100 feet of new drainage on east side – The Commission formally received the application. No one was present to speak on behalf of the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 22, 2010. Tabled.
4. 30 Gaylord Mountain Road, Application #1137 submitted by the Town of Bethany, D.P.W. for a cross pipe replacement – The Commission formally received the application. No one was present to speak on behalf of the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 22, 2010. Tabled.
5. 205 Bear Hill Road, Application #1138 submitted by the Town of Bethany, D.P.W. for a cross pipe replacement – The Commission formally received the application. No one was present to speak on behalf of the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 22, 2010. Tabled.
6. Between 94 and 108 Schaffer Road, Application #1139 submitted by the Town of Bethany, D.P.W. for 200 feet upgrade pipe and catch basin – The Commission formally received the application. No one was present to speak on behalf of the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 22, 2010. Tabled.
7. Carrington Road, south of Schilf, Application #1140 submitted by the Town of Bethany, D.P.W. for 400 feet replacement pipe – The Commission formally received the application. No one was present to speak on behalf of the application.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, March 22, 2010. Tabled.
8. Discussion with Al Shepard from Nowakowski, O’Bymachow and Kane pertaining to Woodward Estates, Conservation Easements – Present to speak for this discussion was Mr. Al Shepard of NOK representing the owner of record, Mr. James Woodward. Mr. Shepard submitted a plan entitled “Proposed Conservation Easement Map prepared for Woodward Estates”, dated February 22, 2010, with no revisions prepared by NOK and also submitted a letter from JMM Wetland Consulting Services, LLC, dated February 11, 2010, Re: Reserve area septic system for Lots 6 and 7, Woodward Estates, Mesa Drive, Bethany, CT. Mr. Shepard reviewed these materials with the Commission.
Mr. Shepard noted the following:
Proposed reserve septic systems would have a good travel system before getting to vernal pool located on Lot #9.
Proposed septic system possibly may never be used.
In discussion, Commission members noted:
Proposed septic systems not necessary; plans for Lots #6 and #7 already contain approved primary and reserve septic areas.
Vernal pool on Lot #9 very productive and should be protected.
Brian Eitzer, Member of the Conservation Commission submitted a letter from the Conservation Commission dated February 22, 2010, containing their observations and concerns on the proposals. Mr. Eitzer stated the Conservation Commission is not in favor of the proposed Conservation Easements.
Mr. Shepard stated he would be withdrawing his request for the changes.
OLD BUSINESS
1. 437 and 443 Fairwood Road, Application #1134 submitted by EMG Properties, William Grieger for an Inland Wetlands Permit #1134 for the construction of a new building, septic, well, driveway, parking and drainage system -
Present to speak on behalf of the application was John Paul Garcia, P.E./L.S., representing the owners, EMG Properties.
The Commission conducted a site walk on Saturday, February 20, 2010.
The Commission received a letter from Quinnipiack Valley Health District dated February 17, 2010, a letter from Diversified Technology Consultants dated February 22, 2010, and a letter from AKRF Environmental and Planning Consultants dated February 22, 2010.
In discussion, Commission members noted:
· There is very distinct drainage where proposing to cross the wetlands.
· DTC letter notes that an alternative driveway on the east side of the site might be possible.
· The Commission would like to conduct a public hearing due to direct wetlands crossing.
· Mr. Garcia will contact abutting property owners, Yale University.
The Commission scheduled a public hearing date of Monday, March 22, 2010, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall. Tabled.
WETLANDS ENFORCEMENT OFFICER’S REPORT
Isabel Kearns, IWEO, reported on the following:
Ms. Kearns spoke with Erik Scott of 49 Tuttle Court, who will be completing his Eagle Project which involves placing two benches at the Veterans Memorial Park. The Commission would like Mr. Scott to attend the next regular meeting on March 22, 2010, and present his Eagle Project to the Commission.
Clement of 290 Amity Road - The request for voluntary compliance, dated December 9, 2009 and notice of violation dated January 21, 2010, from the IWEO has been forwarded to the Town Attorney.
Cusano of 185 Beacon Road – Ms. Kearns communicated with the property owner that she would be visiting the site and the property owner stated she would be contacting her lawyer. Town Attorney stated the IWEO can visit the site.
Ryker of 2 Clay Road – Ms. Kearns stated the property owner is complying with correction enforcement notice dated December 7, 2009 and February 8, 2010 byt removing tractors.
It was moved by Sullivan and seconded by Ellison to adjourn the regular meeting at 9:05 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
