Wednesday, June 11, 2014


MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, MAY 27,  2014                                                        Page 1 of 9


The regular meeting of the Inland Wetlands Commission was called to order at 7:31 p.m. in the Commission Meeting Room in 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

         Roger Hathaway, Member

 

The following member of the Commission was absent:

         Lisa Gaw, Member

 

Also present were:

         Isabel Kearns, Inland Wetlands Enforcement Officer

         Kevin McSherry Town Attorney

 

 

NEW BUSINESS

 

1.  1083 Amity Road, Application #1222 submitted by Edward Rostowsky for an

     Inland Wetlands Permit to construct an addition to the existing house

 

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

 

Mr. Rostowsky noted the following:

  • Moving garage forward.
  • New garage will be attached to existing house.
  • Back of yard drops.
  • Will be draining out to daylight.
  • Addition will be on slap.

 

In discussion, Commission members noted:

  • Would like to conduct site visit.
  • Applicant needs to show on plan where roof gutters, roof leaders will be installed and how will applicant be protecting end of drainage to daylight.
  • Where is material going to be stockpiled or spread on property?
  • Applicant to show on plan where sedimentation and erosion controls will be installed.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, June 23, 2014.  Tabled.

 

 

 

 

2.  378 Bethmour Road – rear lot, Discussion with John Paul Garcia

 

Present for this discussion was John Paul Garcia, P.E./L.S. representing the property owner.    Mr. Garcia stated that the two houses exist and the property owner would like to split the lots.  Also, Mr. Garcia stated there are no wetlands on the property.

 

The Commission would like to visit the site and review the subdivision file and any previous approvals.  Tabled.

 

3.  19 Sargent Drive, Discussion with Kurt Fugal regarding an addition

 

No one present.

 

 

 

It was moved by Sullivan and seconded by Smith to add to this evening’s agenda a discussion with MaryEllen Unger of the Community Garden Committee pertaining to the proposed Community Garden location at the Pole Hill Road dog park.  Unanimous approval.

 

4.      Discussion with Maryellen Unger of the Community Garden Committee pertaining to the proposed Community Garden location at the Pole Hill Road dog park

 

Present for this discussion was MaryEllen Unger of the Community Garden Committee.

 

Ms. Unger noted the following:

  • Garden would consist of approximately 44 (4 by 4) raised beds.
  • Pump water from pond with gas pump and then store water in storage tank.
  • There will be no grading.
  • Will have deer fencing around garden.
  • Locate shed to store a few items.
  • Garden manager will be responsible for pump and water.

 

Commission members noted the following:

  • Would like to research what the resources of the pond are.
  • Would like to get a better understanding of what the water body is.
  • Keep activity away from the wetlands.
  • Commission will contact Roman Mrozinski from Southwest Conservation District to visit the site and report back to the Commission.

Tabled.

 

 

 

 

 

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

 

Member Sullivan prepared a draft resolution.  Commission member discussed and amended the resolution. 

 

Motion by Sullivan and seconded by Smith to approve Application #1209 submitted by Green Haven, Inc. for a Site Plan and Storm Water Management Plan for property located at 4 and     21 Meyers Road in accordance with the plans prepared by Milone and MacBroom, Cheshire, Connecticut  entitled and dated as follows:

  1. Title Sheet, “Rock Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany Connecticut, October 25, 2013, last revised April 2, 2014.”
  2.  “Existing Conditions: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 01, dated October 25, 2013, revised to Dec. 11, 2013
  3. “Overall Site Plan and Index Plan: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, sheet 02, dated October 25, 2013, revised to Apr. 2, 2014
  4. “Site Development Plan: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 03, dated October 25, 2013, revised to Apr. 2, 2014
  5. Site Development Plan: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 04, dated October 25, 2013, revised to Apr. 2, 2014
  6. “Site Development Plan: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 05, dated October 25, 2013, revised to Apr. 2, 2014
  7. Sediment and Erosion Control Plan: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 06, dated October 25, 2013, revised to Apr. 2, 2014
  8. Site Details: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 07, dated October 25, 2013, revised to Apr. 2, 2014
  9. Site Details: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 08, dated October 25, 2013, revised to Apr. 2, 2014
  10. Site Details: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 09, dated October 25, 2013, revised to Jan. 7, 2014
  11. Soil Data/Septic Design Information: Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 10, dated October 25, 2013, revised to Feb. 28, 2014

 

 

 

 

This approval is also granted based on the following documents submitted as part of the application:

1)      “Farm Management Plan” prepared by AppleSeed Permaculture LLC dated as submitted on 1-13-2014 as a portion of Hearing Exhibit # 1F.

2)      “Draft Exhibit A: Stormwater Maintenance Program, Rocky Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut, MMI # 1179-34) dated as submitted on 1-13-2014, assigned to be Hearing Exhibit # 1M.

In making this approval, the Inland Wetlands Commission (the Commission) responded to a concern raised in the course of the public hearing on the application, that there is an existing vernal pool on the parcel known as 21 Meyers Road.  The Commission members re-inspected that area of the site prior to making its decision and also reviewed those portions of the hearing record for prior IWC Permit # 1019 for development of the site, taking especial note of Hearing Exhibit # 2C from Environmental Services LLC, which concluded that area did not qualify under the current definition of a vernal pool, as defined in the Inland Wetland Commission’s Regulations, Section 2.1.  It is therefore the conclusion of the Commission members that that area does not met the regulatory definition of a vernal pool.

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

a)      The applicant shall provide a long term storm water maintenance schedule for maintenance of the storm water system and ponds which are an integral component of the site development of the property.   It shall be the responsibility of the applicant to strictly adhere to that maintenance schedule and shall annually provide a report to the Commission that the required maintenance has been performed. 

b)      The applicant shall provide an annual appropriation in its budget for maintenance of the storm water system and associated ponds.  The amount of the appropriation shall be submitted to the Commission on an annual basis by February 1st of each calendar year for review and approval by the Commission.

c)      The applicant has stated that the farming on the property shall solely be done by organic farming methods.  If the type of farming changes from the organic farming described in Hearing Exhibit # 1F, items F and H, submitted as part of the hearing record on this permit, then applicant must notify the commission and the Commission at its discretion may determine if the change is of sufficient intensity to require additional Commission action.

d)     The applicant shall submit to the Commission a bond amount prepared by the applicant’s consulting engineer, to insure the installation and maintenance of the sediment and erosion controls and storm water drainage system.  That bond estimate shall be subject to review and approval by both the Commission’s consulting engineer and Town Counsel as to amount, form and content.  Upon their approval, said bond shall be posted by the applicant prior to commencement of any site work on the subject properties.

 

e)      As recommended in item # 7 of Hearing Exhibit # 4B, a letter from the Regional Water Authority dated April 16, 2014, to Ms. Isabel Kearns, from Ronald Walters, Senior Environmental Analyst, the plans shall be revised to identify the person or party responsible for inspection and maintenance of the storm water management system.

f)       It is the strong recommendation of the Commission that as recommended in a item # 5 of Hearing Exhibit # 4B, a letter from the Regional Water Authority dated April 16, 2014, to Ms. Isabel Kearns, from Ronald Walters, Senior Environmental Analyst, that an agricultural conservation easement over the undeveloped portion of the property be provided to provide assurances that the on-site wells and Lake Chamberlain would not be impacted by future development of the site.

g)      Correct note # 27 under General Notes, on the title page of the above referenced plans, identified as E be corrected to identify that the in ground fire tank will hold 30,000 gallons not 20,000 gallons.

h)      The Commission could consider amending item (b).  To include that should the applicant/owner fail to properly maintain the drainage structures, the Town shall have the absolute right to conduct such work to comply with the long-term maintenance plan.  If the Town is required to do said work, the Town shall be privileged to place a lien on the property for the cost of the work performed, any legal fees, engineering fees or any other such cost associated with the maintenance and placing of the lien on the property.

 

The Commission’s decision is based on the fact that best engineering practices were used; and as a result, if the plans and conditions of this permit are adhered too, there should be no adverse impact to the proposed man-made ponds, onsite wetlands or vernal pool located on the abutting property at 42 Meyers Road.  In addition, the Commission found that this approved permit has lessened the impacts of the previously approved permit # 1019, in that there are now no activities proposed within 150’ of the onsite wetlands and the scope of development and associated impacts have been reduced.

Voting in favor: Breslin, Smith, Hathaway and Sullivan.

Voting opposed: None

Date approved:  May 27, 2014

 

2.      735 Litchfield Turnpike, Application #1218 submitted by Kenneth Murphy for an

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

 

No one was present to speak on behalf of the application.  Commission members discussed and proceeded to deliberate. 

 

It was moved by Sullivan and seconded by Smith to approve Application #1218 submitted by Kenneth Murphy for an Inland Wetlands Permit to locate a 10-foot by 12-foot shed located at 735 Litchfield Turnpike in accordance with the submitted plan entitled, “Kenneth John Murphy, 735 Litchfield Turnpike, Bethany, CT 06524”, submission date of April 28, 2014, hand drawn, prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.  The reason for the Commission approving this application is that the placement of a shed on a crushed stone foundation should have little or no impact on the onsite wetlands.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Smith, Hathaway.

Unanimous approval.

 

3.  6 Amadeo Drive, Application #1219 submitted by Albert DuBois, Jr., for an Inland

     Wetlands Permit to locate a 12 foot by 12 foot shed

 

Present to speak on behalf of this application was Albert DuBois, Jr., applicant and owner of record.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Hathaway to approve Application #1219 submitted by Albert DuBois Jr. for an Inland Wetlands Permit to locate a 12-foot by 12-foot shed located at 6 Amadeo Drive in accordance with the submitted plan, untitled, submission date of April 15, 2014, with hand-drawn markings prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.  The reason the Commission approved this application is that if the shed is located as shown on the approved site plan, there should be minimal or no impact on the onsite wetlands.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Smith, Hathaway.

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

 

Present to speak on behalf of this application was Octavio Goncalves, applicant and owner of record.  Mr. Goncalves amended the application and removed the proposal for an attached garage. 

 

Commission members discussed and proceeded to deliberate. It was moved by Sullivan and seconded by Smith to approve Application #1220 as amended by the applicant, Octavio Goncalves for an Inland Wetlands Permit to locate a 16-foot by 32-foot inground pool located at 35 Timber Lane in accordance with the submitted plan entitled, “Proposed Addition”, dated November 28, 2013, revised to March 10, 2014, prepared by D’Amico Associates, Oxford, Connecticut.

 

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:

a)      Site plan shall be revised to show appropriate sedimentation and erosion controls.

b)      Site plan shall show the stockpiling of material to be excavated from the pool.

c)      If the stockpiling is not to be removed from the site but to be spread elsewhere on the site, then the applicant shall show this on the site plan.

d)     Applicant shall submit information of what type of filter to be used for pool.

e)      Applicant shall submit revised plan before starting installation of pool.

 

The reason the Commission approved this application is that if these conditions are all met;

there should be no adverse impact to the onsite wetlands.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Smith, Hathaway.

Unanimous approval.

 

 

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

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

 

Present to speak on behalf of this application was Theron Simons, applicant.

 

Commission members discussed and proceeded to deliberate.    It was moved by Sullivan and seconded by Smith to approve Application #1221 submitted by KMPT, LLC for an Inland Wetlands Permit to locate a 140-foot by 60-foot warehouse addition to the existing large structure located at 770 Amity Road in accordance with the submitted plan entitled, “770 Amity Road, 60’ x 140’ addition”, dated April 28, 2014, with hand-drawn markings prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.  The reason the Commission approved this application is that if the project is constructed as proposed there should be no adverse impact to the downslope wetlands to the north of the subject property.

Vote 4 to 0.

Voting were:  Breslin, Sullivan, Smith, Hathaway.

Unanimous approval.

 

 

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

 

 

7.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn

Tabled.

 

 

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

conducted in a regulated area without an Inland Wetlands Permit – The Commission would like to have Diversified Technology Consultants review.  Tabled.

 

9.      Update on appeal submitted by James Woodward for 46 Mesa Drive – Item completed/remove from agenda.

 

10.  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 Hathaway to approve, as submitted, the minutes of the April 28, 2014, Regular Meeting.

      Voting were:  Breslin, Smith, Hathaway.

      Sullivan abstained.

      Unanimous approval.

 

 

BILLS

 

1.      It was moved by Sullivan and seconded by Smith to approve the payment of $217.37 for professional services from Diversified Technology Consultants for the property located at     4 and 21 Meyers Road.

      Voting were:  Breslin, Sullivan, Smith, Hathaway.

      Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from Quinnipiack Valley Health Department dated April 28, 2014, Re:  Review comments on application for 6 Amadeo Drive, proposed shed.

2.      Letter from Isabel Kearns, IWEO, to SAP Ventures LLC owners of 63 Sargent Drive, dated March 28, 2014, Re:  Final Correction Enforcement Notice for 63 Sargent Drive, discarded debris and junk.

 

 

PUBLICATIONS & WORKSHOPS

 

1.      Connecticut DEEP’s Training for Municipal Inland Wetlands Agencies, Comprehensive Training Program 2014.

 

ENFORCEMENT OFFICER REPORTSTabled.

 

 

SCHEDULE SITE VISITS

The Commission scheduled a site visit for Sunday, June 1, 2014, at 8:30 a.m.  Commission members to meet at the Town Hall and proceed to the following properties:

  • 1083 Amity Road
  • 378 Bethmour Road

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Hathaway

and seconded by Sullivan to adjourn the regular meeting at 9:14 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission