MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JULY 22, 2013 Page 1 of 7


The regular meeting of the Inland Wetlands Commission was called to order at 7:34 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, arrived at 7:43 p.m.

Kristine Sullivan, Vice-Chair, was Acting-Chair until Chair Breslin’s arrival.

Brian Smith, Member

Lisa Gaw, Member

Roger Hathaway, Member, arrived at 8:16 p.m.

Mig Halpin, Alternate Member, seated until Member Hathaway’s arrival.



The following member of the Commission was absent or excused:

Eric Verab, Alternate Member



Also present was:

Isabel Kearns, Inland Wetlands Enforcement Officer





It was moved by Smith and seconded by Gaw to add Application #1202 and #1203 to the agenda for this evening. Unanimous approval.





NEW BUSINESS



1. 91 Bethway Road, Application #1202 submitted by Elizabeth Doering (Sperry View Farm LLC) for an Inland Wetlands Permit for a riding arena –



The Commission formally received the application. Present to speak on behalf of this application was Elizabeth Doering, applicant and owner of record.



Ms. Doering reviewed the proposed project noting:

• She would like to build an indoor riding arena.

• She was advised that she needed a permit for the grading.



In discussion, Commission members noted:

• Applicant is proposing to grade in the wetlands.

• Applicant submitted revised plans dated to July 19, 2013.

• Commission would like to schedule a site visit.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 26, 2013. Tabled.







2. 286 Bear Hill Road, Application #1203 submitted by Alfred Maiorano for an Inland Wetlands Permit to construct a barn on gravel –



The Commission formally received the application. Present to speak on behalf of this application was Alfred Maiorano, applicant and owner of record.



Mr. Maiorano reviewed the proposed project noting:

• He is proposing a 20-foot by 28-foot barn on gravel.

• He will be storing a tractor and antique car in the barn.

• Applicant stated he wasn’t planning on installing roof drains because the water will fall onto gravel.

• Applicant is willing to install footing drains if Commission would like.



In discussion, Commission members noted:

• Commission would like to schedule a site visit.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 26, 2013. Tabled.



OLD BUSINESS



1) 74 Amity Road, Application #1200 submitted by Chemtura Corporation for an Inland Wetlands Permit for remediation of pesticides within wetlands, via soil excavation and removal –

Present to speak on behalf of this application was Russ Dirienzo, Principal Geologist of ARCADIS representing the applicant. Also present was Ronald Walters of the South Central Connecticut Regional Water Authority.



Some members of the public were present. Mr. Dirienzo provided a brief presentation of the proposed project.



Chair Breslin noted that some Commission members were at the site visit on July 7, 2013, and members were able to follow where the main bulk of the work will be conducted.



Commission members had a concern that even though the Commission has been provided with detailed information, the applicant will be working in the wetlands and under the Inland Wetlands Regulations there is a potential for a significant impact to the wetlands on the Regional Water Authority property. The Commission would like to conduct a public hearing.



It was moved by Sullivan and seconded by Gaw to schedule a public hearing date of Monday, August 26, 2013, at 7:45 p.m. in the Commission Meeting Room of the Bethany Town Hall based on the finding by the Commission that there is a potential for a significant impact to the onsite RWA wetlands and watercourses.

Unanimous approval.



Also, the Commission would like more detailed information on the vernal pool that is being proposed.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, August 26, 2013. Tabled.



2) 1070 Amity Road, Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells –



Present to speak on behalf of this application was Steve Trinkaus, of Trinkaus Engineering, LLC, Civil Engineers and Director of Construction for Garden Homes Management Corporation, representing Third Garden Park.



Mr. Trinkaus reviewed the proposed project noting:

• Erosion control barrier being proposed with standard siltation fence.

• Very minimal disturbance just trenching.



In discussion, Commission members noted:

• Commission would like to back up siltation fence with haybales. Applicant suggested compost wattles instead of haybales. Applicant revised site plan and dated.



Commission members discussed and proceeded to deliberate.



It was moved by Sullivan and seconded by Smith to approve Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells located at 1070 Amity Road as presented in the application, testimony and in accordance with the submitted plans prepared by Trinkaus Engineering, LLC of Southbury, Connecticut entitled as follows:

a) “Overall Site Plan”, dated April 10, 2013, with no revisions, Sheet 1 of 2.

b) “Site Plan of Regulated Area”, dated April 10, 2013, with hand drawn revision dated July 22, 2013, Sheet 2 of 2, to show the use of 12-inch wattles set parallel 3-feet off the silt fence which were added to the plan from the stone wall near the Connecticut Water Company property to the rise above the utility building.

This approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.



Based on the plans as submitted, which show good engineering practices, there should be minimal or no impact to the onsite wetlands and that this work should be coordinated with the Inland Wetlands Enforcement Officer so that it is completed in a dryer period.

Vote: 5 to 0.

Voting were: Breslin, Sullivan, Smith, Gaw, Hathaway.

Unanimous approval.



3) Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) –



Commission members reviewed the letter from Roman Mrozinski, dated November 19, 2012, and discussed his recommendations.



Commission members noted in discussion:

• The Town was clearing tall grass around perimeter of lake.

• Commission needs to issue a notice of violation stating the nature of the violation and attach a copy of the letter from Roman Mrozinski, dated November 19, 2012 and include a map with the areas marked out to be addressed.

• The Commission will schedule a site visit and take a map and mark out the areas of concern.

• The IWEO will produce a map to mark out the areas for the Commission.

• The Commission would like to engage the Conservation Commission.

Tabled.



4) Continuation of Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –



Isabel Kearns, IWEO, and Mr. Steve Gombos, owner of 292 Amity Road, prepared a “Narrative for Planting of Root Vegetable Plantings, 292 Amity Road, July 2013”. The Commission would like to revise narrative to add wording regarding Section 4.4 of the Inland Wetland Regulations.



It was moved by Smith and seconded by Sullivan to approve Mr. Gombos’ narrative with the amendment of adding the wording regarding Section 4.4 of the Town of Bethany Inland Wetlands and Watercourses Regulations and then once Mr. Gombos signs and dates the narrative, the Commission will approve the proposed activity with an authorized letter to him.

Unanimous approval.



Isabel Kearns, IWEO, to draft letter from the Inland Wetlands Commission to Mr. Gombos and then circulate to members for their review.

Tabled.



5) Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –



Member Sullivan recused herself.



Isabel Kearns, IWEO, stated Mr. Puzone visited her and was questioning what the Commission wants him to do and also, Mr. Puzone was complaining that water is seeping out near the Sullivan’s property (41 Deerfield Lane).



Isabel Kearns, IWEO, and Chair Breslin started preparing a draft letter to Mr. Puzone regarding the protection of the wetlands and will complete before next meeting. Tabled.

.



6) 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –



Commission members reviewed the letter from Roman Mrozinski, dated November 26, 2012, and discussed his recommendations.



Commission members noted in discussion:

• The second area by the right of way that was filled was placed by the owner of the rear lot (Gaetano).

• When we do action on this, we also need to send a letter to the neighbor in back (Gaetano) to come in and review what their responsibilities are.

• Chair Breslin and Member Sullivan will draft a narrative and will distribute to Commission for review.

Tabled.





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



Commission members noted in discussion:

• What do we want to require the Town to do?

• Suggest have the Town pull back the pipe portion to where the turnaround ends and restore and open the channel.

• Town needs to restore the area to somewhat of its original condition.

• Need to remediate the area to slow down the flow of the water without causing further impact to the wetlands.

• The Commission would like to engage Diversified Technology Consultants to get input on how to mitigate the impact of the piping of this entire watercourse.

• The IWEO will contact DTC and check availability to meet at the site.

Tabled.





8) Update on appeal submitted by James Woodward for 46 Mesa Drive – Isabel Kearns, IWEO, stated Mr. Woodward submitted maps of a proposed agreement with the Bethany Town Attorney and Mr. Woodward’s attorney. Commission would like Town Attorney to be present to discuss this proposal in executive session. Tabled.



9) Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Members received a copy of the proposed amendments that Member Sullivan updated from the State’s revisions that the Commission is required to do and suggested scheduling a public hearing for the fall. Tabled.











APPROVAL OF MINUTES



1. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the June 22, 2013, Special Meeting/Site Visit.

Voting were: Breslin, Sullivan, Hathaway.

Smith abstained from vote as he was not present.

Unanimous approval.



2. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the June 24, 2013, Regular Meeting.

Voting were: Breslin, Sullivan, Smith, Gaw.

Unanimous approval.



3. It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the July 7, 2013, Special Meeting/Site Visit.

Voting were: Breslin, Sullivan, Smith, Hathaway.

Unanimous approval.





BILL



1. It was moved by Sullivan and seconded by Gaw to approve the payment of $1,500.00 to the Southwest Conservation District for Municipal Contribution – Support of natural resource conservation effort and providing information, education and technical assistance to municipal agents and private landowners of Bethany. Budget year 2013/14.

Unanimous approval.





GENERAL CORRESPONDENCE



1. Letter from the Southwest Conservation District, dated July 1, 2013, Re: Annual Contribution Invoice for the Budget year 2013-2014.





PUBLICATIONS



1) Connecticut Federation of Lakes, June 2013.





ENFORCEMENT OFFICER REPORTS - Tabled.









ELECTION OF OFFICERS AND APPOINTMENT OF STAFF



1. It was moved by Gaw and seconded by Hathaway that the Inland Wetlands Commission elects Alexandra Breslin as Commission Chair for the term of 2013 to June 2014. Unanimous approval.



2. It was moved by Gaw and seconded by Hathaway that the Inland Wetlands Commission elects Kristine Sullivan as Commission Vice-Chair for the term of 2013 to June 2014.

Unanimous approval.



3. It was moved by Gaw and seconded by Hathaway that the Inland Wetlands Commission appoints Antonia Marek as Commission Clerk for the term of 2013 to June 2014.

Unanimous approval.





SCHEDULE SITE VISITS



Commission members scheduled a site visit for Saturday, August 24, 2013, at 8:00 a.m. Commission members will meet at the Town Hall parking lot and proceed to 91 Bethway Road, 286 Bear Hill Road, and Bethany West (265 Beacon Road).





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Smith and seconded by Gaw to adjourn the regular meeting at 9:22 p.m. Unanimous approval.



Respectfully submitted,







Antonia R. Marek, Clerk

for the Inland Wetlands Commission