Monday, December 15, 2014


MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 27, 2014                                             Page 1 of 8

 

1.      etter from Supreme Forest Products, dated October 27, 2014, Re:  Notification of Timber Harvest on the property of Kristine Sullivan, Grant and Lacey Road.

The regular meeting of the Inland Wetlands Commission was called to order at 7:30 p.m. in the Commission Meeting Room at 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

         Nancy Scanlon, Alternate Member, acting as a voting member.

 

The following member of the Commission was absent:

         Brian Smith, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS

 

1.      Grant Road and Lacey Road, Timber Operation Plan, Jurisdictional Ruling

 

Member Sullivan recused herself.

 

The Commission received a letter from Supreme Forest Products, dated October 27, 2014, Re:  Notification of Timber Harvest on the property of Kristine Sullivan, Grant and Lacey Road.

 

Kristine Sullivan, owner of record, noted the following:

·         This will be a selective timber harvest.

·         No wetlands crossing.

·         Leaving stumps in place.

·         Will take less than a month to do during winter months.

 

It was moved by Hathaway and seconded by Gaw that it is the consensus of the Commission that there is no Inland Wetlands action required for this activity and therefore, the Commission finds there will be no adverse impact to any wetlands or watercourses.

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

Unanimous approval.

 

 

2.      154 Sperry Road, Discussion regarding pond on property

 

No one present for this discussion.

 

 

 

OLD BUSINESS

 

1.      10 Round Hill Road, Application #1227 submitted by William Ciola for a Site Plan

      Development of a 125-foot by 40-foot storage building and associated site work

 

Present for this discussion was Bill Ciola, applicant and owner of record.

 

Some items noted by the Commission were:

  • Applicant submitted a revised set of plans dated October 24, 2014.
  • Revised plan shows a planting plan with a vegetated zone to protect the wetlands.
  • Applicant will not be pushing any material back from the wetlands.
  • Diversified Technology Consultants letter dated October 27, 2014, Item #5 requests revised calculations for proposed drainage outfall pad.
  • Contours should be verified by Consulting Engineer.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Gaw to approve Application #1227 submitted by William Ciola for a Site Plan Development for a 125-foot by 40-foot storage building and associated site work in accordance with the following submitted plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut:

·         “Overall Site Plan”, dated August 15, 2013, revised to October 24, 2014.

·         “Detailed Site Plan”, dated August 15, 2013, revised to October 24, 2014.

·         “Detail Sheet”, dated August 15, 2013, revised to October 24, 2014.

·         “Lighting and Landscaping Plan”, dated August 13, 2014, revised to November 21, 2014.

 

and with the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and 803:

a)      Establishment of the grading contours as shown on said plans with certification by the Project Engineer that said contours are established or need be reestablished in the field prior to planting.

b)      A bond, acceptable and form of content acceptable to Town Counsel proposed by the Project Engineer and reviewed by our Consulting Engineer (DTC) be submitted prior to any other site work occurring on the property.

c)      The maintenance schedule shall be revised to exclude the area where the high bush blueberry bushes are being proposed to be planted that there shall be no use of fertilizers and pesticides in that area due to potential impact on the wetlands.

d)     Any lighting installed shall be full cutoff and not extend into the wetland area.

The reason the Commission approved this application is that if this plan is followed with the subject conditions there should be adequate protection for the onsite wetlands which are part of the public supply watershed.

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

Unanimous approval.

 

 

2.      112 Miller Road, Application #1228 submitted by Joseph Szewczyk for an IW Permit to

     construct a bridge and clearing of an existing trail

 

Present to speak on behalf of this application was Joseph Szewczyk, applicant.

 

Mr. Szewczyk noted the following:

  • Spoke again with John Paul Garcia, P.E. and he prepared a revised plan. 
  • Footings will be 3-feet deep and will be dug by hand.

 

Commission received a letter from Three Saints Park, Nicholas Timpko, Director/Caretaker, dated November 19, 2014, Re:  Application to construct bridge submitted by Joe Szewczyk at 112 Miller Road, Three Saints Park.

 

Commission members discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Gaw to approve Application #1228 submitted by Joseph Szewczyk for an Inland Wetlands Permit to construct a bridge and clearing of an existing trail in accordance with the submitted plan dated November 20, 2014, hand drawn in red pencil by John Paul Garcia, L.S./P.E. and with the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and 803:

a)      When the footings are dug, the Inland Wetlands Enforcement Officer shall be notified and the digging shall be completed when the weather is dry.

b)      Any materials that are loosened shall be removed where they can erode into Hop Brook and be removed out of the Floodplain Area.

The reason the Commission approved this application is that based on the proposed construction of the bridge there will be no ability for that bridge to move in any flood conditions downstream and there will be no impact on the wetlands.

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

Unanimous approval.

 

 

3.      90 Pole Hill Road, Application #1230 submitted by Community Garden Committee for an IW Permit for location of Community Garden, removal of selective trees, use of pond for irrigation of garden

Nancy Scanlon recused herself.

 

The Commission officially accepted the petition submitted by James Seaton of 495 Bethmour Road and Barbara Wilson of 479 Bethmour Road, dated November 7, 2014, Re:  Application for Bethany Committee Garden located at 90 Pole Hill Road with three pages of a petition to request a public hearing and copies of colored maps numbered Map 1 through Map 16 from the CT Environmental Conditions Online of the surrounding area.

 

The Commission scheduled a public hearing for this application based on receipt of a petition at the next regular Inland Wetlands Commission meeting scheduled for Monday, December 22, 2014, at 8:00 p.m. in the Commission Meeting Room.  Tabled.

 

4.      Show Cause Hearing regarding Cease and Desist Order, dated October 21, 2014, to Mrs. Bitina Patel of 10 Northrop Road, extension of patio, stonewall along the pond, waterfall and clear cutting of trees  within the 150-foot upland review area without permit

 

Present for this discussion was Mr. Patel’s brother, Hasu Patel, who was authorized by his brother to speak on his behalf.

 

The Commission visited the site and noted the following:

  • Excavation done without a permit.
  • Wall erected in wetlands review area.
  • Material pushed down into pond.
  • Need vegetated buffer along pond.  Should not have lawn down to pond.
  • Applicant needs to obtain a landscaping reclamation plan by a professional on how the area will be restored with plantings.
  • The Commission would like to review previous files and check what has been previously approved.  The Inland Wetlands Enforcement Officer will prepare a timeline for the Commission to review.
  • Applicant is to not do any work on property until Commission comes to a decision.

 

The Commission continued the Show Cause Hearing and will conduct a Work Session at       6:00 p.m. on Monday, December 22, 2014, before the regular meeting at 7:00 p.m.  Tabled.

 

 

5.      Show Cause Hearing regarding Cease and Desist Order, dated October 22, 2014, to  Mr. and Mrs. Charles Gamsu of 27 Pine Brook Crossing, clear cutting of trees and introduction of fill within the 150-foot upland review area without permit

 

Present for this discussion was Mrs.Gamsu, owner of record, and her landscaper, John.

 

The Commission visited the site and noted the following:

  • Clearing close to Pine Brook.
  • Concerned with material getting into stream and polluting the stream.
  • Applicant needs to stabilize slope to control erosion going into wetland corridors.
  • Applicant should contact Southwest Conservation District to visit site and advice what property owner could do.
  • Slope needs to stay seeded and sprouted.
  • Where pipe is located, need to redirect pipe and let water take natural course.

 

 

 

 

It was moved by Sullivan and seconded by Gaw to maintain the order in effect (Cease and Desist Order, dated October 22, 2014 to Mr. and Mrs. Charles Gamsu of 27 Pine Brook Crossing) as revised as follows:

A.    The property owner is required to submit a plan for reestablishing a permanent vegetated cover from the southwest corner of the driveway going down to the pasture and this plan is to be approved by the Inland Wetlands Commission and planted in the first growing season.

B.     During the winter months, the property owner shall maintain the viability of the erosion controls which are installed at the toe of the slope especially above Pine Brook and that additional hay mulch and seed cover be put over the site until permanent vegetation is reestablished on the entire regarded slope.

C.     In regard to the area to the north of the house where there has been a trench dug and an intermittent water course piped into a stock water troth, that the said pipe shall be removed immediately and the water be allowed to continue in its natural flow towards the wetlands to the north.

D.    Any further work on the site shall be under the jurisdiction of this Commission, not just the 150-foot wetlands upland review area which is a minimum.

E.     Upon revisiting the site after the corrected measures have been implemented and appropriate cover has been reestablished, the Commission may lift the Cease and Desist Order.

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

  Unanimous approval.

 

 

6.      22 Whippoorwill Lane, Application #1231 submitted by John Reilly improved driveway drainage and created a backup area, introduced soil to enhance lawn and cleaned existing downslope swale

 

Present for this discussion was John Reilly, applicant and owner of record.

 

Mr. Reilly submitted a Swale Stabilization Plan and discussed with Commission.

 

Commission members proceeded to deliberate.

 

It was moved by Sullivan and seconded by Hathaway to approve Application #1231 submitted by John Reilly for an Inland Wetlands Permit to improve driveway drainage and create a backup area, introduced soil to enhance lawn and clean existing downslope swale in accordance with submitted plan entitled, “Swale Stabilization Plan”, dated October 23, 2014, with no revisions, prepared by Godfrey & Hoffman Associates, North Haven, Connecticut, and with  the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and 803:

1)      The subject plan shall be revised to show the placement and details for a level spreader at the end of the riprap drainage swale.

2)      Any crossing of that drainage swale for purposes of accessing the landing area is crossed with a simple bridge of some sort to preserve the integrity of the drainage swale.

3)      Applicant has our permission to begin the work.

The reason the Commission approved this application is that based on it helping to protect and preserve the water quality of the drainage way to the east that crosses Whippoorwill Lane.

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

Unanimous approval.

 

 

7.      35 Timber Lane, Application #1232 submitted by Octavio Goncalves for an additional garage and to move driveway

 

Present for this application was Mrs. Goncalves. 

 

The Commission visited the site and noted the following:

  • Noticed the pool in a different location then originally shown on approved plan.
  • Soil moved over closer to wetlands when constructing pool.
  • Gazebo to be removed for new driveway location.

 

Commission members discussed and proceeded to deliberate.

It was moved by Sullivan and seconded by Gaw to approve Application #1232 submitted by Octavio Goncalves for an Inland Wetlands Permit for an additional garage and to move driveway in accordance with the submitted plan entitled, “Proposed addition”, dated November 28, 2013, revised to October 17, 2014, prepared by D’Amico Associates, Oxford, Connecticut, and with the following conditions including the standard conditions found on the Land Records Volume 93, Page 802 and 803:

1)      The Inland Wetlands Enforcement Officer with the homeowner shall determine the 50-foot wetlands setback area as shown on the plan.

2)      Reestablish the grades that are shown on the plan and reestablish that grade with a permanent vegetated cover.

3)      A bond of $2,500.00 and in a form acceptable to Town Counsel to ensure that the area is pulled back and reestablished.  

The reason the Commission approved this application is that based on the conditions above being completed the onsite and adjacent wetlands should be protected from any adverse impacts.

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

Unanimous approval.

 

 

8.      Revisit site in November the continue discussion regarding road and overland run-off

across 37 Hilltop Road (DeCesare) down to Route 69 -  Commission will revisit site.  No date scheduled.  Tabled.

 

 

 

9.      Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the

Southwest Conservation District)Tabled.

 

10.  185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn

Tabled.

 

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

      of CT  Public hearing scheduled for Monday, January 26, 2014, at 8:00 p.m.  Tabled.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Gaw and seconded by Scanlon to approve, as submitted, the minutes of the Monday, October 27, 2014, Regular Meeting.

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

Unanimous approval.

 

2.      It was moved by Gaw and seconded by Scanlon to approve, as submitted, the minutes of the Sunday, November 16, 2014, Special Meeting/Site Visit.

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

Unanimous approval.

 

 

BILLS

 

1)      It was moved by Sullivan and seconded by Gaw to approve the payment of $165.00 to Diversified Technology Consultants for professional services for the review of 10 Round Hill Road in a bill dated November 7, 2014.

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

      Unanimous approval.

 

 

CORRESPONDENCE

 

2.      Letter from Nancy McCarthy, Town Clerk, dated November 15, 2014, Re:  Request for regular meeting schedule for 2015 with attached draft of 2015 Regular Meeting Schedule prepared by clerk.

It was moved by Sullivan and seconded by Scanlon to accept and approve the proposed schedule of regular meetings for the Inland Wetlands Commission prepared by the Clerk from January 2015 to January 2016.

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

Unanimous approval.

 

 

3.      LLetter from Three Saints Park, Nicholas Timpko, Director/Caretaker, dated November 19, 2014, Re:  Application to construct bridge submitted by Joe Szewczyk at 112 Miller Road, Three Saints Park.

4.      Letter from James Seaton of 495 Bethmour Road and Barbara Wilson of 479 Bethmour Road, dated November 7, 2014, Re:  Application for Bethany Committee Garden located at 90 Pole Hill Road with three pages of a petition to request a public hearing and copies of colored maps numbered Map 1 through Map 16 from the CT Environmental Conditions Online of the surrounding area.

5.      Email from Russ Direnzo, dated November 4, 2014, Re:  74 Amity Road Site (Chemtura) photograph of restored wetlands at the Amity Road Site.

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      Copy of the Registry of Soil Scientists for 2014.

2.      Association of Zoos & Aquariums, Frog Watch USA, 2014 End of Season Newsletter, October 2014.  Clerk to put on agenda for next month regular meeting for discussion.

3.      Connecticut Wildlife, September/October 2014.

 

 

ENFORCEMENT OFFICER REPORTSTabled.

 

 

SCHEDULE SITE VISITS – None

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Sullivan     and seconded by Gaw to adjourn the regular meeting at 9:30 p.m.

Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission