Wednesday, June 11, 2014


MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, APRIL 28,  2014                                            Page 1 of 6

 

 

The regular meeting of the Inland Wetlands Commission was called to order at 7:35 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

         Brian Smith, Member

         Lisa Gaw, Member

         Roger Hathaway, Member

 

The following members of the Commission were excused:

         Kristine Sullivan, Vice-Chair

 

Also present were:

         Isabel Kearns, Inland Wetlands Enforcement Officer

         Kevin McSherry, Town Attorney

 

 

 

NEW BUSINESS

 

1.  735 Litchfield Turnpike, Application #1218 submitted by Kenneth Murphy for an

     Inland Wetlands Permit to locate a 10-foot by 12-foot shed

 

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

 

Mr. Murphy noted the following:

  • Home is on slap/no basement.
  • The proposed shed is a prebuilt shed.
  • Will be putting shed on paver blocks.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 27, 2014.  Tabled.

 

 

 

 

 

 

 

 

 

 

2.  6 Amadeo Drive, Application #1219 submitted by Albert DuBois, Jr., for an Inland

     Wetlands Permit to locate a 12 foot by 12 foot shed

 

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

 

Mr. DuBois  noted the following:

  • Proposed shed is 90 feet from wetlands.
  • The shed will be located on grass area of lawn and won’t be cutting down trees.
  • Will be pouring slap and shed will be stick built.

 

In discussion, Commission members noted:

  • Would like to visit the site.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 27, 2014.  Tabled.

 

3.  Discussion with Mary Ellen Unger regarding Community Garden at Pole Hill Dog Park

Mary Ellen Unger of the Community Garden Committee was present for discussion.  Some items noted were:

  • Submitted packet dated April 28, 2014.
  • Gallons of water that would be needed for garden.
  • Will not be impact on the wetlands.
  • Will be organic gardening.

 

Chair Breslin asked Ms. Unger to work with Isabel Kearns, IWEO, to research any information on the existing pond at the Pole Hill Dog Park.

 

 

 

It was moved by Smith and seconded by Gaw to add to this evening’s agenda the receipt and appropriate action regarding Application #1220 submitted by the Octavio Goncalves for an Inland Wetlands Permit to locate an inground pool located at 35 Timber Lane and Application #1221 submitted by KMPT, LLC, for an Inland Wetlands Permit for a warehouse addition (125’ by 60’) located at 770 Amity Road (Lock, Stock & Barrel).

Unanimous approval.

 

 

 

 

 

 

 

4.   35 Timber Lane, Application #1220 submitted by Octavio Goncalves for an Inland

     Wetlands Permit to locate an inground pool and attached garage

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

Isabel Kearns, IWEO, reviewed the plan with the Commission.  The 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, May 27, 2014.  Tabled.

 

5.  770 Amity Road, Application #1221 submitted by KMPT, LLC for an Inland Wetlands

     Permit for a warehouse addition (125’ by 60’) -

 

The Commission formally received the application.  Theron Simons, applicant, was present to speak on behalf of this application.

 

Mr. Simons noted the following:

  • Remediation has been done on the property.
  • Will be submitting plan.

 

In discussion, Commission members noted:

  • Would like to visit the site.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, May 27, 2014.  Tabled.

 

PUBLIC HEARING

·         4 and 21 Meyers Road, Application #1209 submitted by Green Haven Inc. for a Site Plan and Stormwater Management Plan Review for multi-unit residential community and farm -

 

At 8:01 p.m., Chair Breslin called to order the public hearing continuation on the subject application.  Chair Breslin read the notice prepared for the public hearing.   Chair Breslin briefly reviewed the process of the public hearing and introduced the Commission members and staff.

 

Joe Williams, Attorney and Third Partner of Law Firm, Shipman and Goodwin, representing Green Haven, introduced himself.   Attorney Williams stated that there is some new information to be presented and that the Planning and Zoning Commission has closed the public hearing.  Also, Attorney Williams stated revised plans have been submitted dated April 2, 2014. 

 

 

During the course of the public hearing, Chair Breslin noted that the Commission has received the following new items from the applicant relative to the subject application.  Exhibit identification was assigned as follows:

a)      Exhibit 4A -Letter from Quinnipiack Valley Health District, dated April 16, 2014, Re:  Comments from review of revised plans dated April 2, 2014.

b)      Exhibit 4B - Letter from Regional Water Authority, dated April 16, 2014, Re:  Comments from review of revised plans dated April 2, 2014, and copy of letter from    W. Andrew Greene and Becky Meyer of Milone & MacBroom to Ron Walters, dated April 11, 2014, Re:  Rocky Corner – Nitrogen Dilution Analysis, Septic System Design.

c)      Exhibit 4C - Copy of Addendum #2, Wetlands Impact Assessment, Rocky Corner, Revised to April 25, 2014, prepared by Milone & MacBroom in regard to investigating area prone to temporary ponding for the presence of indicators of vernal pools.

d)     Exhibit 4D - Copy of Permit #1019 from the Bethany Inland Wetlands Commission to Halter Estates Senior Community LLC, dated September 14, 2005, approved on September 2, 2005, Inland Wetlands Permit to discharge stormwater into upland review area located at 4 and 21 Meyers Road.

e)      Exhibit 4E - Spread sheet of Comparisons of Halter Estates and Rocky Corner, submitted April 28, 2014.

 

Attorney Williams reviewed Exhibits 4A, 4B, and 4C.  Attorney Williams then turned the presentation over to Thomas Daly, P.E. and Principal of Milone & MacBroom, who reviewed the revisions to the plans.  Some areas Mr. Daly touched on are as follows:

  • Providing one 30,000 gallon fire protection tank instead of two.
  • Providing dry fire main.
  • The revised plans dated April 2, 2014, are the same plans the Planning and Zoning Commission received.
  • Reviewed Exhibits 4D and 4E.

 

Chair Breslin asked if there were any members of the public who would like to speak.  There were no comments.

 

At 8:23 p.m., there being no further questions or comments, Chair Breslin closed the public hearing on the subject application.

 

 

 

OLD BUSINESS

 

1.      4 and 21 Meyers Road, Application #1209 submitted by Green Haven Inc. for a Site Plan and Stormwater Management Plan Review for multi-unit residential community and farm – Public hearing closed.  The Commission scheduled a Special Meeting/Work Session for Monday, May 19, 2014, at 6:00 p.m. in Commission Meeting Room.  Tabled.

 

 

 

2.      Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the Southwest Conservation District)Tabled.

 

3.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn

Tabled.

 

4.      Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs

      conducted in a regulated area without an Inland Wetlands PermitTabled.

 

5.      Update on appeal submitted by James Woodward for 46 Mesa Drive – The Commission will discuss the plan submitted regarding the Wetland Crossing Detail and the Oil/Grit Separator, dated April 11, 2014, at the Special Meeting on Monday, May 19, 2014, at        6:00 p.m. in the Commission Room.  Tabled.

 

6.      Discussion in regard to amendments to the Inland Wetlands Regulations per State

      of CT  Tabled.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Smith and seconded by Gaw to approve, as submitted, the minutes of the March 16, 2014, Special Meeting/Site Visit.

Voting were:  Breslin, Smith, Gaw, Hathaway.

Unanimous approval.

 

2.      It was moved by Smith and seconded by Hathaway to approve, as amended, the minutes of the March 24, 2014, Regular Meeting.

      Voting were:  Breslin, Smith, Gaw, Hathaway.

      Unanimous approval.

 

BILLS

 

1.      It was moved by Smith and seconded by Hathaway to approve the payment of $314.87 for professional services from Diversified Technology Consultants for the property located at     4 and 21 Meyers Road.

      Voting were:  Breslin, Smith, Gaw, Hathaway.

      Unanimous approval.

 

2.      It was moved by Smith and seconded by Hathaway to approve the payment of $105.00 for

      Recording services rendered at the public hearing held on April 28, 2014, (4 and 21 Meyers

      Road) by Anne Sohon.

      Voting were:  Breslin, Smith, Gaw, Hathaway.

      Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from RWA dated February 24, 2014, Re:  Review comments on 735 Litchfield Turnpike, construction of shed.

2.      Letter from Octavio Goncalves, 35 Timber Lane, dated April 11, 2014, Re:  35 Timber Lane, adding application to agenda and IWC visiting site.

3.      Letter from RWA dated April 24, 2014, Re:  Review comments on 35 Timber Lane, construction of pool and garage.

 

 

PUBLICATIONS & WORKSHOPS

 

1.      The Habitat, A newsletter of the CT Association of Conservation & Inland Wetlands Commissions, Inc., Spring 2014.

 

 

ENFORCEMENT OFFICER REPORTSTabled.

 

 

SCHEDULE SITE VISITS

The Commission scheduled a site visit for Sunday, May 18, 2014, at 8:30 a.m.  Commission members to meet at the Town Hall and proceed to the following properties:

  • 35 Timber Lane
  • 770 Amity Road
  • 6 Amadeo Drive
  • Pole Hill Road
  • Possibly 4 and 21 Meyers Road in regard to site of vernal pool.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Gaw and seconded by Hathaway to adjourn the regular meeting at 8:47 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission