MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, NOVEMBER 28, 2011 Page 1 of 8
The regular meeting of the Inland Wetlands Commission was called to order at 7:37 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
The following members of the Commission were excused or absent:
Brian Smith, Member
Lisa Gaw, Member
Also present was:
Karen Hubbell, Assistant Inland Wetlands Enforcement Officer
It was moved by Sullivan and seconded by Hathaway to add Application #1177 and Application #1178 to the agenda for formal receipt. Unanimous approval.
A. 667 Amity Road, Application #1177 submitted by Eric Soltis for an IW Permit to construct a “Haunted Attraction” –
The Commission formally received the application. Present to speak on behalf of this application was Eric Soltis, Applicant.
Mr. Soltis briefly presented the proposal for a Halloween attraction for next year (2012). Mr. Soltis stated there will be no clear cutting.
Karen Hubbell, Assistant IWEO, reported that there is a runoff settling swale on the property near the proposed parking area.
The Commission would like to schedule a site visit and have Mr. Soltis stack out where the swale is located.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.
B. Francis Drive, Anella Drive and Clay Road, Application #1178 submitted by the Town of Bethany/Department of Public Works for an IW Permit for drainage improvements –
The Commission formally received the application. Present to speak on behalf of this application was Alan Green, Public Works Director.
The Commission received a letter dated October 13, 2011, from Nafis & Young, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.
Mr. Green briefly reviewed the proposed drainage improvements.
The Commission would like to schedule a site visit with Nafis and Young and obtain a plan outlining the proposed drainage.
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, December 19, 2011. Tabled.
APPROVAL OF MINUTES
The minutes were deferred to the next regular meeting scheduled for Monday, December 19, 2011.
GENERAL CORRESPONDENCE
1. Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
2. Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Review of Clifford Drive Estates – Mesa Drive, Application #1170.
3. Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
4. Letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.
5. Email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.
6. Letter from Isabel Kearns, IWEO, to William Edwards of 61 Edwards Road, dated November 4, 2011, Re: Edwards Pond Dam #824 recommended maintenance work.
7. Letter from Isabel Kearns, IWEO, to Mr. Mrs. Roger Simon of 63 Downs Road, dated November 4, 2011, Re: West River Pond Dam #804 recommended maintenance work.
Present for this discussion were Roger and Mary Ellen Simon of 63 Downs Road. Mr. Simon stated the CT DEEP visited and inspected the dam on their property, which is done periodically. The Simon’s and the Commission received a letter from the CT DEEP, dated August 5, 2011, Re: A list of maintenance tasks for the dam at 63 Downs Road. The Commission recommended that the Simon’s submit an application over the winter to conduct these repairs so that the permit is in place when ready to do the work. The Simon’s also submitted a copy of the DEEP/Inland Water Resources Division Dam Inspection Checklist, dated June 29, 2011, and a copy of a letter from the Simon’s to the CT DEEP, dated October 24, 2011, Re: Response and photographs of West River Pond Dam #804.
8. Letter from Nafis & Young to Derrylyn Gorski, First Selectman, dated October 13, 2011, Re: Drainage Improvements, Clay Road, Anthony Court, Anella Drive and Francis Drive.
9. Letter from Quinnipiack Valley Health District dated October 31, 2011, Re: 18 Munson Road, commercial building addition with attached letter from QVHD dated July 21, 2011.
BILLS
1. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated October 24, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.
2. It was moved by Sullivan and seconded by Hathaway to approve the payment of a bill for $95.00, dated November 28, 2011, from Anne Sohon for recording services for the public hearing (46 Mesa Drive).
Unanimous approval.
3. It was moved by Sullivan and seconded by Hathaway to approve the payment of $762.90, for professional services rendered by Diversified Technology Consultants as shown on a bill dated October 14, 2011. (185 Beacon Road).
Unanimous approval.
4. It was moved by Hathaway and seconded by Sullivan to approve the payment of $751.30, for professional services rendered by Diversified Technology Consultants as shown on a bill dated November 10, 2011. (46 Mesa Drive).
Unanimous approval.
PUBLIC HEARING
· 46 Mesa Drive, Application #1170 submitted by James Woodward for a Five-lot Subdivision -
At 8:13 p.m., Chair Breslin called to order the public hearing continuation on the five-lot subdivision. Chair Breslin read the legal notice for the public hearing continuation.
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, Mr. James McManus, Certified Soil Scientist of JMM Wetland Consulting Services, LLC and Mr. George Logan of Rema Ecological Services. All gentlemen were representing the applicant, Mr. James Woodward, who was also present.
Chair Breslin noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 2A – Letter from South Central Connecticut Regional Planning Commission dated October 14, 2011, Re: Comments on review of proposed subdivision application for 46 Mesa Drive.
Exhibit 2B – Copy of resume of Ethan A. Stewart, Environmental Scientist of Diversified Technology Consultants, Hamden, Connecticut.
Exhibit 2C – Letter from Diversified Technology Consultants, dated November 2, 2011, Re: Comments on review of Clifford Drive Estates – Mesa Drive, Application #1170, plans revised to July 11, 2011.
Exhibit 2D – Email from Connie LaFemina of 50 Mesa Drive to Isabel Kearns, IWEO, dated November 3, 2011, Re: Presentation at the October 24, 2011, public hearing, 46 Mesa Drive.
Exhibit 2E – Copy of “Construction Timing, Clifford Drive Estates, 46 Mesa Drive, Bethany, CT”, undated.
Exhibit 2F – Submitted by Attorney Jessell, Connecticut Appellate Decisions, 2010, Supreme Court case Wellswood Columbia v. Town of Hebron, CT, road denial.
Exhibit 2G – Submitted by Attorney Jessell, Connecticut Trial Court Official Decisions, 2010 Superior Court Case, Zappone v. Inland Wetlands Agency of the Town of Woodbury, CT, ability to use property that is vacant.
Exhibit 2H – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-36. Inland wetlands and watercourses. Legislative finding.
Exhibit 2”I” – Submitted by Attorney Jessell, Copy of Connecticut Statute, Title 22A. Environmental Protection, Chapter 440. Wetlands and Watercourses, Section 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner.
Exhibit 2J – Submitted by Attorney Jessell, Copy of Page 6 of the Town of Bethany Inland Wetlands and Watercourses Regulations, adopted October 26, 2009.
Exhibit 2K – Submitted by Attorney Jessell, Copy of Connecticut Appellate Decisions, 2003 Supreme Court Case, Tarullo v. Inland Wetlands and Watercourses Commission of the Town of Wolcott.
Exhibit 2L – Submitted by James McManus of JMM Wetland Consulting Services, dated November 28, 2011, Re: Response to Town Consultant’s Site Review Report, proposed Clifford Drive Estates, Bethany, CT.
Exhibit 2M – Submitted by James McManus, Professional Resumes for James McManus, George Logan and Sigrun Gadwa, Soil, Ecological and Wetland Consultants that worked on project.
Exhibit 2N – Submitted by George Logan of Rema Ecological Services, dated November 28, 2011, Report on proposed Clifford Drive Estates with respect to potential impacts upon regulated resources and a Connecticut-listed species.
Exhibit 2”O” – Submitted by George Logan, a pamphlet on Connecticut Turtles of Special Concern, dated June 2004.
Exhibit 2P – Submitted by Alan Shepard of NOK Land Surveying & Engineering, a letter dated November 28, 2011, Re: Response to letter from DTC dated November 2, 2011.
Exhibit 2Q – Submitted by Alan Shepard, a map entitled “Sketch Showing Detension Basin Details”, dated November 28, 2011, prepared by NOK Civil Engineers & Land Surveying, Shelton, CT.
Exhibit 2R – 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 November 28, 2011.
2. “Overall Site Plan (100 Scale) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
3. “Site Development Plan (1 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
4. “Site Development Plan (2 of 2) prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
5. “Plan & Profile – Clifford Drive prepared for Clifford Drive Estates, 46 Mesa Drive” dated April 9, 2011, revised to November 28, 2011.
6. “Detention Basin Detail prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
7. “Construction Details prepared for Clifford Drive Estates, 46 Mesa Drive”, dated April 9, 2011, revised to November 28, 2011.
8. “Soil Test Data prepared for Clifford Drive Estates”, dated May 8, 2011, revised to November 28, 2011.
9. “Road Soil Erosion & Sedimentation Control Plan – Clifford Drive prepared for Clifford Drive Estates”, dated May 5, 2011, revised to November 28, 2011.
Attorney Jessell addressed the accessway to Mr. Woodward’s Beacon Falls property through Bethany and submitted and discussed Exhibits 2F, 2G, 2H, 2”I”, 2J, and 2K.
Also, Attorney Jessell entered into the hearing record the entire record of the previous approval Inland Wetlands Permit #1099 approved on August 18, 2008 for a Thirteen-Lot Subdivision located at 26 and 46 Mesa Drive.
Mr. McManus addressed the wetland crossing and submitted and discussed Exhibits 2L and 2M.
Mr. Logan addressed the box turtles and submitted and discussed Exhibits 2N and 2”O”.
Mr. Shepard submitted and discussed Exhibits 2P, 2Q and 2R.
The Commission would like more time to review the information received this evening and also to have their consultant review report by Mr. Logan dated November 28, 2011.
The Commission would like to revisit Lot #3 of the proposed subdivision.
Chair Breslin asked if there were any comments from the public. There were none.
Mr. Woodward submitted a Consent to Extension of Time for 35 days to continue the public hearing on the subject application.
At 10:03 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, December 19, 2011, in the Commission Meeting Room of the Bethany Town Hall. Tabled.
NEW BUSINESS
No new business.
OLD BUSINESS
1. 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 Chris Stoyer, applicant and owner of record.
The Commission received a copy of an email from David Nafis to Isabel Kearns, IWEO, dated October 26, 2011, Re: 100 Miller Road, drainage.
The Commission conducted a site visit on November 11, 2011. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1172 submitted by Christopher Stoyer for an Inland Wetlands Permit for a residential site development located at 108 Miller Road (Lot #1) in accordance with the following submitted plans prepared by Kratzert, Jones & Associates, Inc., Milldale, Connecticut:
a) “Grading and Erosion Control Plan for Hopp Brook Resubdivision”, dated October 14, 2002 and March 1, 2003, revised to August 1, 2011, Drawing No. G-1.
b) “Proposed Improvement Location Map for Hopp Brook Resubdivision”, dated September 15, 2011, with no revisions, Drawing No. PL-1.
In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
1) With the concession of the applicant, a stonewall will be erected at the limit of clearing line as shown on the plan and wetland restoration plantings will be planted on the slope down to the wetland line where the area has not been disturbed.
2) The placement of Wetland Conservation Area Signs at 25 feet to 50 feet intervals along the stonewall.
3) A bond, in an amount to be determined by the consulting engineer, to be submitted to insure the restoration plantings. A portion of the bond can be released after planting has been completed and a portion of the bond will be retained for a period of three years minimum to assure the plantings become effective.
4) The footing drain be pulled back above the stonewall and will drain to daylight to the stonewall to disperse downslope.
Based on site plan shown here and the corrective measures that will be taken to restore that wetland buffer area there should be minimal and no adverse impact on the wetlands.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
2. 90 Pole Hill Road, Application #1174 submitted by Daniel Wivagg for an IW Permit to locate 2 benches and 1 cubby –
Present to speak on behalf of this application was Daniel Wivagg, Eagle Scout, who is the applicant.
The Commission received a letter from Derrylyn Gorski, First Selectwoman, dated November 3, 2011, Re: Requesting waiver of fees for 90 Pole Hill Road, Scout project/Daniel Wivagg.
The Commission discussed and proceeded to deliberate.
It was moved by Hathaway and seconded by Sullivan that the Inland Wetlands Commission waive the fees for Application #1174 and approve Application #1174 submitted by Daniel Wivagg for an Inland Wetlands Permit to locate two benches and one cubby located at 90 Pole Hill Road as presented 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 if all activities are conducted in accordance with the plan there shall be no impact on the wetlands and watercourses.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
3. 74 Miller Road, Application #1175 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –
No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1175 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 74 Miller Road in accordance with the submitted plan entitled, “Miller Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
4. 12 Hopp Brook Road, Application #1176 submitted by Town of Bethany/Department of Public Works for an IW Permit for a culvert replacement –
No one was present to speak on behalf of this application. The Commission discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Hathaway to approve Application #1176 submitted by the Town of Bethany/Department of Public Works for an Inland Wetland Permit for a culvert replacement located at 12 Hopp Brook Road in accordance with the submitted plan entitled, “Hopp Brook Road Box Culvert Installation”, dated October 14, 2011, prepared by Mesa Excavation & Paving Inc., Bethany, CT and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Voting: Breslin, Sullivan, Hathaway.
Vote: 3 to 0.
Unanimous approval.
5. 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, December 19, 2011. Tabled.
6. 46 Mesa Drive, James Woodward, Application #1170 for a Five-lot Subdivision –
Public hearing continued to the next regular meeting scheduled on December 19, 2011. Tabled.
SCHEDULE SITE INSPECTION DATES
The Commission scheduled a site visit for Saturday, December 10, 2011. Commission members to meet at Town Hall parking lot at 8:30 a.m. Sites to visit are Clay Road, Anthony Court, Anella Drive and Francis Drive; 46 Mesa Drive (Lot #3); and 667 Amity Road.
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 10:27 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Inland Wetlands Commission
