Friday, October 12, 2012

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, SEPTEMBER 24, 2012 Page 1 of 4


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:

Alexandra Breslin, Chair

Kristine Sullivan, Vice-Chair

Brian Smith, Member

Lisa Gaw, Member



The following member of the Commission was absent:

Roger Hathaway, Member



Also present was:

Karen Hubbell, Assistant Inland Wetlands Enforcement Officer





APPROVAL OF MINUTES



Action on the approval of the minutes from the June 25, 2012 Regular Meeting and the July 16, 2012 Special Meeting will be deferred until the October 22, 2012 Regular Meeting.



1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the August 27, 2012, Regular Meeting.

Voting were:

Unanimous approval.



2. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the September 8, 2012, Special Meeting.

Voting were:

Unanimous approval.





GENERAL CORRESPONDENCE



1. Memo from Isabel Kearns, IWEO, dated September 20, 2012, Re: Review comments for 615 Bethmour Road.

2. Letter from Alan Green, Public Works Director, dated August 30, 2012, Re: Cease and Desist Order dated August 17, 2012, Anthony Court and Clay Road.

3. Letter from Isabel Kearns, IWEO, to Clement of 290 Amity Road, dated August 29, 2012, Re: 290 Amity Road, Notice of Violation.

4. Letter from Connecticut Department of Energy & Environmental Protection, dated August 29, 2012, Re: 2012 Legislation and Regulation Advisory.









NEW BUSINESS



1. PECK ROAD, Application #1192 submitted by the Town of Bethany for an Inland Wetlands Permit to replace damaged culvert pipe under Peck Pond –



The Commission formally received the application. Present to speak on behalf of this application was Paul Crotta, representing the Town.



Mr. Crotta reviewed the proposed project noting:

• Existing concrete pipes under the road have separated causing the road to sever.

• Town would like to replace pipe and restore that section of the road.

• Recommending the use of an elliptical concrete pipe.



In discussion, Commission members noted:

• Existing pipe right now is 24 inch double pipe with two head walls.

• The Commission scheduled a site visit for Sunday, October 14, 2012, to meet 8 a.m. at the Town Hall Parking Lot.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, October 22, 2012. Tabled.





2. 50 HUNTERS TRAIL, Discussion regarding re-build of collapsed riding arena –



Present for this discussion was Luiza Ruest, owner of record. Ms. Ruest stated that she would like to construct a new barn where the previous barn that was destroyed by fire was located and that the proposed activity is 500 feet from the wetlands area. Ms. Ruest submitted a proposed plan entitled “Zoning Location Survey Sun Gold Stables, prepared for Luiza Ruest”, dated March 30, 2011, revised to September 23, 2012, prepared by Jones Engineering, Southington, CT.



The Commission would like to review old subdivision maps and the file records before making a determination.



Further discussion was deferred until the Commission’s next regular meeting on Monday, October 22, 2012. Tabled.





It was moved by Smith seconded by Sullivan to add the following application to the agenda for the September 24, 2012, regular meeting. Unanimous approval.











3. 615 BETHMOUR ROAD, Application #1193 submitted by Robert and Ellen Coe for an Inland Wetlands Permit for a residential site development –



The Commission formally received the application. Present to speak on behalf of this application was John Paul Garcia, P.E./L.S.



Mr. Garcia briefly reviewed the proposed project noting:

• The proposed plans were submitted to Quinnipiack Valley Health District for review.

• Submitting soil testing information at this meeting.



In discussion, Commission members noted:

• Mr. Garcia to stake corners of the lots for site visit.

• The Commission scheduled a site visit for Sunday, October 14, 2012, to meet 8 a.m. at the Town Hall Parking Lot.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, October 22, 2012. Tabled.





OLD BUSINESS



1. Frances Drive, Tawney Drive cul-de-sac, Knollwood Road, Bethridge Road and Bethmour Road from Woodbridge to Bethany Farms and from Pole Hill Road to Luke Hill Road –



It was brought to the Commissions attention that work is being done by the Public Works Department without a permit.



Town Attorney Kevin McSherry entered the meeting and had a discussion with the Commission regarding the Public Works Department submitting an application and then starting the project before the application is approved by the Inland Wetlands Commission and that Alan Green, Public Works Director repeatedly does not attend meetings or site visits to discuss the project with the Commission. The Commission asked Attorney McSherry to advise them how to obtain a better process in handling applications from the Town for road and drainage work.



Attorney McSherry will contact Mr. Green and plan a work session with the Commission.

Tabled.





2. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –



Some Commission members visited the site on September 8, 2012. Chair Breslin recommended an outline letter be drafted listing the concerns with the impacts to the wetlands, restoring the wetlands and recommendations for the property owner. The outline will be emailed to other members to comment on. Member Sullivan will draft and circulate.



It was mentioned that the neighbor behind Cusano is filling in a regulated area. The Commission would like a letter to be sent to the property owner (Gaetano) requesting they attend the next regular meeting to address the work that is being conducted.

Tabled.





3. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit –



Attorney McSherry will contact Alan Green, Public Works Director. A letter was received from Alan Green, Public Works Director, dated August 30, 2012, pertaining to Cease and Desist Order dated August 17, 2012. Tabled.





4. Update on appeal submitted by James Woodward for 46 Mesa Drive –



Attorney McSherry stated he has had some discussions with Mr. Woodward’s attorney. Attorney McSherry would like to meet with the Commission in executive session and will contact the clerk to arrange some available dates. Tabled.





5. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT –



The Commission received a letter from the Connecticut Department of Energy & Environmental Protection, dated August 29, 2012, Re: New language to be added to the Inland Wetlands and Watercourses Regulations. Commission member Sullivan will incorporate amendments with the previous amendments prepared for the next regular meeting, October 22, 2012. Tabled.





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Sullivan and seconded by Gaw to adjourn the regular meeting at 8:50 p.m. Unanimous approval.



Respectfully submitted,







Antonia R. Marek, Clerk

for the Inland Wetlands Commission