MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION
REGULAR MEETING OF MONDAY, APRIL 26, 2010 Page 1 of 9
The regular meeting of the Inland Wetlands Commission was called to order at 7:36 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
Brian Smith, Alternate Member, seated as a voting member.
Kristine Sullivan, Alternate Member, seated as a voting member.
The following members of the Commission were absent or excused:
Jack Ellison, Member
Jon Painter, Member
John Kane, 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 Smith to approve, the minutes of the March 22, 2010, Regular Meeting as corrected:
Page 2, Under Public Hearing, First Paragraph, First Sentence – Reads “At 8:15 p.m., Chairman McGregor called to order the public hearing on the revised regulations.” Change to “At 8:15 p.m., Chairman McGregor called to order the public hearing on the subject application.”
Voting for: McGregor, Sullivan, Breslin.
Unanimous approval.
BILLS
1. It was moved by Smith and seconded by Breslin to approve the payment of a bill for $95.00, dated April 26, 2010, from Anne Sohon (Court Stenographer) for recording services for the public hearing (437 and 443 Fairwood Road).
Unanimous approval.
2. It was moved by Smith and seconded by Breslin to approve the payment of a bill for $45.00, dated April 26, 2010, from Anne Sohon (Court Stenographer) for duplicating tapes of the Inland Wetlands Meeting on April 26, 2010.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from Diversified Technology Consultants, dated April 24, 2010, Re: Comments from review of revised plans and materials for 437 and 443 Fairwood Road.
2. Letter from Planning and Zoning Commission, dated April 22, 2010, Re: Proposed amendments to Bethany Floodplain Management Regulations.
3. Copy of letter from Regional Water Authority to PZC, dated April 6, 2010, Re: Review of revised Town Plan of Conservation and Development.
4. Letter from Land-Tech Consultants, Inc., dated March 18, 2010, Re: Erosion and Sediment Control of Stormwater Management Monitoring.
PUBLICATIONS AND WORKSHOPS
1. Land Use Academy Basic Training, May 22, UConn Storrs Campus.
2. Booklet “Backyard Stream and Pond Buffers”.
3. Connecticut Wildlife, March/April 2010.
4. The Habitat, A newsletter of the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., Spring 2010.
PUBLIC HEARING
· 437 and 443 Fairwood Road, Application 1134 submitted by EMG Properties for an IW Permit for the construction of a new industrial building, septic system, well, driveway, parking and stormwater management system -
At 8:07 p.m., Chairman McGregor called to order the public hearing continuation on the subject application. The hearing was opened on March 22, 2010. The notice for the public hearing continuation was read.
Isabel Kearns, IWEO, stated the Diversified Technology Consultants submitted a letter dated February 22, 2010, in which Mr. John Paul Garcia, P.E./L.S., representing the applicants, addressed their concerns and now Diversified Technology Consultants resubmitted a letter dated April 24, 2010, in response to the changes that were on the plans in front of the Commission this evening. Ms. Kearns stated her concerns as follows: pollution of the bog from car leakage, this application is not for Lot 12A, the stormwater management system should be the first order of construction and the lot line revision is to be filed on the Land Records.
Chairman McGregor noted that the Commission has received the following item relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from Diversified Technology Consultants, dated April 24, 2010, Re: Comments on revised plans for 437 and 443 Fairwood Road.
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the owner of record who was also present, William Grieger.
Mr. Garcia reviewed with the Commission the letter from Diversified Technology Consultants, dated April 24, 2010.
In discussion, Commission members noted:
That a condition of approval shall be to locate Conservation Area Signs.
That the full cutoff lighting should be directed away from the wetlands.
That a bond estimate should be provided for erosion controls and for the stormwater management system.
That the Commission would like the Inland Wetlands Enforcement Officer to be present when the test hole is dug prior to the basin construction as mentioned in Item #11 of the Diversified Technology Consultant letter, dated April 24, 2010.
Chairman McGregor then asked if there were any comments from the public. There were no comments.
At 8:43 p.m., it was moved by Smith and seconded by Sullivan to close the public hearing on the subject application. Unanimous approval.
NEW BUSINESS
1. 245 Beacon Road, Application #1145 submitted by Erik Scott, Life Scout, Troop 59 for an IW Permit for the placement of 4 benches at Veterans Memorial Park (Eagle Project)
Present to speak on behalf of the application was Erik Scott, Life Scout, Troop 59. Mr. Scott submitted a letter requesting a waiver of the fees for the proposed project. It was moved by Sullivan and seconded by Smith to waive the fees pursuant to the Code of the Town of Bethany, Connecticut, Chapter 129-3, since this is a Boy Scout Eagle Project that will benefit the Town of Bethany. Unanimous approval.
Commission members briefly discussed the proposed project and proceeded to deliberate. It was moved Sullivan and seconded by Breslin that the Inland Wetlands Commission delegate to its duly authorized agent, Isabel Kearns, the authority to approve Application #1145 submitted by Erik Scott for an Inland Wetlands Permit for the placement of 4 benches at the Veterans Memorial Park, 245 Beacon Road, which will result in no greater than a minimal impact on any wetlands or watercourses. Unanimous approval.
2. 21 Hinman Road, Application #1146 submitted by David Sembiante for an IW Permit for the construction of a 20’ X 20’ garage addition
The Commission formally received the application. Present to speak on behalf of the application was David Sembiante, Applicant and Owner of Record.
Commission members reviewed the plan submitted noting the location of the proposed garage and the wetlands, which are approximately 80 to 100 feet away from the proposed activity.
Mr. Sembiante reviewed the proposed project noting:
· That the roof drainage will be drained into the surface and that the property slopes to a gentle grade.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 24, 2010. Tabled.
OLD BUSINESS
1. 11 Split Rock Road, Application #1144 submitted by John M. Lightfoot for an IW Permit to construct an Addition 3 Season Room –
No one was present to speak on behalf of the application. Commission members briefly discussed the proposed project and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1144 submitted by John M. Lightfoot for an Inland Wetlands Permit to construct a 14’ by 16’ Three Season Room Addition located at 11 Split Rock Road, in accordance with the submitted plan entitled, “Maude Residence, 11 Split Rock, Bethany” submitted March 19, 2010, with hand drawn revisions prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that the use of the Techno Post System shall cause none or minimal impact on the wetlands. Unanimous approval.
2. 437 and 443 Fairwood Road, Application #1134 submitted by EMG Properties, William Grieger for an IW Permit for the construction of a new building, septic, well, driveway, parking and drainage system – The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1134 submitted by EMG Properties for an Inland Wetlands Permit for the construction of a new building, septic, well, driveway, parking and stormwater management system in
accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
1. “Existing Conditions Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-1.
2. “Lot Line Revision Plan”, dated December 12, 2009, revised to February 17, 2010, Drawing No. C-2.
3. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-3.
4. “Site Development Plan”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-4.
5. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-6.
6. “Typical Details”, dated December 16, 2009, revised to February 17, 2010, Drawing No. C-7.
7. “Typical Details”, dated February 3, 2010, with no revisions, Drawing No. C-8.
And is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
(A) This approval is solely as it relates to the development of Lots 13B and 13A. The development of Lot 12A will require a separate Permit from the Inland Wetlands Commission for its development.
(B) In accordance with the recommendation of the Commission’s Consulting Engineering Firm, Diversified Technology Consultants, in a letter to the Commission dated April 24, 2010, the approved plans shall be revised to include:
· A typical cross section of the proposed detention basin berm, which shall include an impermeable core, and
· An anti-seep collar for the outlet pipe penetrating the berm.
(C) In accordance with the recommendation of the Commission’s Consulting Engineering Firm, Diversified Technology Consultants, in a letter to the Commission dated April 24, 2010; a minimum of one test hole must be done prior to the construction of the detention basin to verify the groundwater depth at the basin location. The Commission’s Enforcement Officer shall be notified in advance of when the test hole(s) will be dug, so that she can be present when the test hole(s) are dug. A copy of the test hole results shall be provided to the Commission for its records. If, based on the test hole results, groundwater breakout is anticipated, provisions for managing the groundwater must be considered prior to construction of the basin, and furnished to the Commission for appropriate review and action. It is recommended that construction of the detention basin occur during the summer months to minimize the potential issues of groundwater breakout.
(D) The mylar of the lot line revision plan, Drawing # C-2, shall be filed on the Land Records of the Town of Bethany and shall be revised to include a note stating:
The proposed detention basin on Lot # 13B has been sized to accommodate potential future development of Lot 12A. Any future development plans for Lot 12A shall be consistent with the design assumptions presented for with Bethany Inland Wetlands Commission Permit # 1134.
(E) The Permittee shall submit a bond estimate for review and approval by the Commission’s Consulting Engineering firm for the storm water drainage construction, maintenance of sediment and erosion controls and establishment of permanent vegetative cover for the site. A bond in the approved amount shall be posted with the Commission prior to any site work being done under this permit to insure compliance with all provisions of the Town of Bethany Inland Wetlands and Watercourses Regulations and the terms, conditions and limitations established in this permit. The bond shall remain in effect until permanent vegetative cover has been established to the satisfaction of the Agency, and it has been demonstrated that storm water drainage system is functioning as designed. The bond shall be furnished in the form of a bank check.
(F) The Permittee shall submit language to the Commission for review an approval by Town Counsel, for the storm water cross easements and Maintenance Agreements. Said language shall incorporate the notes for same found on Drawing # C-7 of the Record Maps.
(G) As offered by the permittee, Conservation Area Signs shall be placed along the boundary of the wetlands at a distance of 50 to 75 feet.
(H) Exterior lighting for lots #13 A and #13 B shall conform with the locations and full cutoff lighting shown on Drawings #C-5 and #C-6.
(I) The detention basin shall be roughed in prior to construction.
This approval is being made because, as provided by the applicant, a feasible and prudent alternative to the original wetlands document as proposed has been provided so that there is no longer a wetlands crossing for the driveway; and therefore, based on the best
Engineering practices, which has been used on this plan and has been reviewed by our consulting engineer, be approved. Unanimous approval.
3. 190 Russell Road, Application #1135 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Breslin and seconded by Smith to approve Application #1135 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 190 Russell Road as
presented by the Public Works Director and other pertinent application information submitted and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
4. Between 265 and 270 Wooding Hill Road, Application #1136 submitted by the Town of Bethany, D.P.W. for an IW Permit for 100 feet of new drainage on east side – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Breslin and seconded by Smith to approve Application #1136 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 100 feet of new drainage on the east side of the road between 265 and 270 Wooding Hill Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
5. 30 Gaylord Mountain Road, Application #1137 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Sullivan to approve Application #1137 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 30 Gaylord Mountain Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut
Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
6. 205 Bear Hill Road, Application #1138 submitted by the Town of Bethany, D.P.W. for an IW Permit for a cross pipe replacement – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Sullivan to approve Application #1138 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for a cross pipe replacement located at 205 Bear Hill Road as presented by the Public Works Director and other pertinent application information submitted, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
7. Between 94 and 108 Schaffer Road, Application #1139 submitted by the Town of Bethany, D.P.W. for an IW Permit for 200 feet upgrade pipe and catch basin – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1139 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 200 feet upgrade pipe and catch basin located between 94 and 108 Schaffer Road as presented by the Public Works Director, and other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
8. Carrington Road, south of Schilf, Application #1140 submitted by the Town of Bethany, D.P.W. for an IW Permit for 400 feet replacement pipe – Present to speak on behalf of this application was Alan Green, Public Works Director for the Town of Bethany. Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application #1140 submitted by the Town of Bethany, Department of Public Works, for an Inland Wetlands Permit for the installation of 400 feet replacement pipe located at Carrington Road, south of Schilf as presented by the Public Works Director, and
other pertinent application information submitted including the comments from the South Central Connecticut Regional Water Authority as stated in the letter dated March 22, 2010, and is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803. The Commission’s decision was based on the fact that this is a necessary improvement to maintain Town roads. Unanimous approval.
WETLANDS ENFORCEMENT OFFICER’S REPORT
It was moved by Sullivan and seconded by Breslin to amend the April 26, 2010, Agenda to discuss the proposed activity at 860 Carrington Road. The Commission previously discussed the proposed new use for outside storage for a turf/landscaping business at the March 22, 2010, regular meeting. Isabel Kearns, IWEO, submitted a list from Marc D’Andrea, which listed equipment he is proposing to store outside. The Commission reviewed and directed the IWEO to prepare a letter on the Commission’s behalf to the Planning and Zoning Commission that there is no Inland Wetlands Commission action required.
It was moved by Sullivan and seconded by Smith to adjourn the regular meeting at 9:13 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
