MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 24, 2011 Page 1 of 6
The regular meeting of the Inland Wetlands Commission was called to order at 7:46 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
Roger Hathaway, Member
Lisa Gaw, Member
The following members of the Commission were excused or absent:
Brian Smith, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
APPROVAL OF MINUTES
1. It was moved by Sullivan and seconded by Hathaway to approve the minutes of the September 26, 2011, Regular Meeting as proposed to be amended.
Voting were: Breslin, Sullivan, Hathaway, Gaw.
Unanimous approval.
GENERAL CORRESPONDENCE
1. Letter from South Central CT Regional Planning Commission, dated October 14, 2011, Re: Comments on review of proposed subdivision application for 46 Mesa Drive.
2. Letter from Inland Wetlands Commission to Board of Selectmen, Public Works Director and Park and Recreation Director, dated September 29, 2011, Re: Erection/Location of Structures and Earth Disturbances. Isabel Kearns, IWEO, to redraft letter and submit to Commission for review at next regular meeting, November 28, 2011.
3. Letter from CT Department of Energy & Environmental Protection, to William Edwards of 61 Edwards Road, dated October 7, 2011, Re: Edwards Pond Dam, Bethany, recommended maintenance work. Isabel Kearns, IWEO, to write letter to owner to invite him to the next regular meeting, November 28, 2011, to discuss dam maintenance work.
PUBLICATIONS AND WORKSHOPS
1. Connecticut Association of Conservation & Inland Wetlands Commissions, 34th Annual Meeting & Environmental Conference, Saturday, November 12, 2011, Wallingford, CT.
2. Connecticut Wildlife, September/October 2011.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:03 p.m., Chair Breslin called to order the public hearing on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “Record Subdivision Map prepared for Clifford Drive Estates, 46 Mesa Drive”, dated May 6, 2011, revised to July 11, 2011.
2. “Overall Site Plan (100 Scale) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
3. “Site Development Plan (1 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
4. “Site Development Plan (2 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
5. “Plan & Profile – Clifford Drive prepared for Clifford Drive Estates, 46 Mesa Drive” dated April 9, 2011, with no revisions.
6. “Detention Basin Detail prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, with no revisions.
7. “Construction Details prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to July 11, 2011.
8. “Soil Test Data prepared for Clifford Drive Estates”, dated May 8, 2011, with no revisions.
9. “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive prepared for Clifford Drive Estates”, dated May 5, 2011, revised to July 11, 2011.
Exhibit 1B – Engineering Report for Clifford Drive Estates, Mesa Drive, Bethany, Connecticut, dated May 11, 2011, prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut.
Exhibit 1C – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
1. “First Cut Map (1 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
2. “First Cut Map (2 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
3. “First Cut Map (3 of 3) prepared for James W. Woodward Jr., Mesa Drive, Northrop Road”, dated May 6, 2011, with no revisions.
Exhibit 1D – Report from JMM Wetland Consulting Services, LLC, Newtown, Connecticut to Alan Shepard, P.E., of NOK, Shelton, Connecticut, dated September 15, 2011, Re: Wetland Description and Assessment for Proposed Subdivision Road Crossing, Proposed Clifford Drive Estates, Bethany, CT.
Exhibit 1E – Memo from Toni Marek, IWC Clerk, to James W. Woodward, dated October 19, 2011, Re: Additional fees for Application #1170, 46 Mesa Drive, with attached copy of check.
Exhibit 1F – Copy of Inland Wetlands Application for 46 Mesa Drive, Application #1170.
Exhibit 1G – Copy of Notice of a Special Meeting/Site Visit of the Bethany Inland Wetlands Commission, Saturday, October 22, 2011.
Exhibit 1H – Copy of check for application fees from James W. Woodward.
Exhibit 1”I” – Copy of Statewide Inland Wetlands & Watercourses Activity Reporting Form.
Exhibit 1J – Memo from Isabel Kearns, IWEO, dated June 21, 2011, Re: Review comments on subdivision maps for Clifford Drive Estates.
Exhibit 1K – Copy of a section of assessors map showing Lot 2, 64.21 acres, submitted July 26, 2011.
Exhibit 1L – Copy of Legal Notice for public hearing on October 24, 2011, for 46 Mesa Drive.
Exhibit 1M – Copy of letter from Antonia Marek, IWC Clerk, sent to Beacon Falls Town Hall, dated August 24, 2011 with return receipt attached, sent to South Central Regional Council of Governments, dated August 24, 2011, with return receipt attached, sent to Council of Governments of the Central Naugatuck Valley, dated August 24, 2011, with return receipt attached, sent to Diversified Technology Consultants, dated September 16, 2011, and sent to James W. Woodward, dated September 28, 2011.
Exhibit 1N - “Certificate of Mailing” dated October 11, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached certified mail receipts dated September 1, 2011 and to the Beacon Falls Town Hall.
Exhibit 1”O” – Map entitled “Alternative Layouts – Clifford Drive Prepared For Clifford Drive Estates, Mesa Drive”, dated October 14, 2011, with no revisions.
Exhibit 1P – Two photographs submitted by Todd Green of 64 Mesa Drive, Bethany showing his property.
Exhibit 1Q – Submitted by Connie LaFemina of 50 Mesa Drive, photographs and information on Eastern Box Turtles.
Present to speak on behalf of this application was Attorney Paul Jessell of Watertown, Connecticut, Mr. Alan Shepard, P.E. of Nowakowski, O’Bymachow and Kane, Shelton, Connecticut, and Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC. All gentlemen were representing the applicant, Mr. James Woodward.
Mr. Shepard submitted a map with Alternative Layouts (Exhibit 1”O”) and reviewed with the Commission.
Mr. McManus reviewed the report on the Wetland Description and Assessment for Proposed Subdivision Road Crossing (Exhibit 1D) with the Commission.
In discussion, Commission members noted:
The record of the previous approval to be entered into the hearing record (approved August 18, 2008).
That a resume from James McManus, Certified Soil Scientist, is requested.
That the time frame schedule of construction is requested.
A report from Diversified Technology Consultants is needed.
The applicant will need time to address the report from Diversified Technology Consultants.
Chair Breslin asked if there were any comments from the public. The following public member commented:
a) Todd Green of 64 Mesa Drive – Mr. Green addressed the Commission with his concern with excess water from the proposed development and submitted Exhibit 1P (photographs of existing conditions of his property).
b) Connie LaFemina of 50 Mesa Drive – Mrs. LaFemina addressed the Commission with her concern regarding the Eastern Box Turtles and submitted Exhibit 1Q.
At 9:15 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, November 28, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
1. 90 Pole Hill Road, Application #1174 submitted by Daniel Wivagg for an IW Permit to locate 2 benches and 1 cubby –
The Commission formally received the application. Present to speak on behalf of this application was Daniel Wivagg, Eagle Scout.
Mr. Wivagg presented the proposed project to construct and locate 2 benches and a cubby at the park located at 90 Pole Hill Road.
Mr. Wivagg will submit a request to waive the application fees at the next regular scheduled meeting on November 28, 2011.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
2. 74 Miller Road, Application #1175 submitted by Town of Bethany for an IW Permit for a culvert replacement –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
Mr. Green reviewed the proposed project noting:
· Mesa Construction will be completing the proposed drainage work.
· Will need to go to a Town Meeting to receive funds for culvert.
· Work will not be started until February/March 2012.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
3. 12 Hopp Brook Road, Application #1176 submitted by Town of Bethany for an IW Permit for a culvert replacement –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
Mr. Green reviewed the proposed project noting:
· Mesa Construction will be completing the proposed drainage work.
· Will need to go to a Town Meeting to receive funds for culvert.
· Work will not be started until February/March 2012.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
4. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT -
Commission to review and discuss at the next regular meeting scheduled on Monday, November 28, 2011. Tabled.
OLD BUSINESS
1. 108 Schaffer Road, Application #1171 submitted by Wyatt Crotta & Daughters LLC for a Site Plan to relocate house –
Present to speak on behalf of this application was Wyatt Crotta, applicant and owner of record.
In discussion, Commission members noted:
· The Commission conducted a site visit on October 22, 2011.
· Town to review with Commission when tying into Town catch basin.
Commission member discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Gaw to approve Application #1171 submitted by Wyatt Crotta for an Inland Wetlands Permit for a Site Plan to relocate a house in accordance with the submitted plan entitled, “Subsurface Sewage Disposal Design Plan, Lot 3, 108 Schaffer Street”, dated June 27, 2006, revised to April 17, 2007, prepared by D’Amico Associates, Oxford, Connecticut and is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
When site runoff, which is not shown on the site plan but was observed in the field, is proposed to be connected to the Town road drainage that the Town and the applicant return to the Inland Wetlands Commission at that time due to the fact that some of the work will be taken place on the applicant’s property.
The Commission’s decision was based on the site inspection, which would appear that the sedimentation and erosion controls are going to be installed and maintained until the site is stabilized.
Voting were: Breslin, Sullivan, Hathaway, Gaw.
Vote: 4 to 0.
Unanimous approval.
2. 108 Miller Road (Lot #1), Application #1172 submitted by Christopher Stoyer for a Residential Site Development –
Present to speak on behalf of this application was Attorney Michael Alexander, representing the applicant, Chris Stoyer, who was present.
In discussion, Commission members noted:
· Erosion controls not installed correctly.
· Current plan not accurate to existing conditions.
· Drainage calculations to be forward to Town engineer.
· Applicant to correct sedimentation and erosion controls.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, November 28, 2011. Tabled.
3. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on November 28, 2011. Tabled.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Sullivan and seconded by Hathaway to adjourn the regular meeting at 10:12 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
Karen Hubbell present in my absence.
