Monday, December 14, 2015


MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, DECEMBER 2, 2015     Page 1 of 10

 

 

The regular meeting of the Planning and Zoning Commission was called to order at          7:06 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Commission Members were present:

            Kimberly McClure Brinton, Chair

            Michael Sullivan, Vice-Chairman

            Michael Calhoun, Member

            Donna Shea, Member

            Bradford Buchta, Alternate Member

            Carol Lambiase, Alternate Member

            Eric McDonald, Alternate Member, seated as voting member.

 

The following Commission Member was absent:

            Douglas Goldner, Member

 

Also present were:

             Hiram Peck, Planning Consultant

             Isabel Kearns, Zoning Enforcement Officer  

 

 

APPROVAL OF MINUTES

            

1.      It was moved by Calhoun and seconded by McDonald to approve, as submitted, the minutes of the November 4, 2015, Regular Meeting.

Abstaining was:  Sullivan.

Voting for:  Brinton, Calhoun, Shea, McDonald.

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Calhoun and seconded by Sullivan to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for November 2015, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

 

 

GENERAL CORRESPONDENCE

 

1.      Letter from South Central Connecticut Regional Planning Commission, dated    November 16, 2015, Re:  Comments on review of proposal for subdivision located at 48 Mesa Drive.

2.      Letter from Naugatuck Valley Council of Governments, dated November 9, 2015, Re:  Comments on review of proposed subdivision located at 48 Mesa Drive.

3.      Letter from Bethany Conservation Commission, submitted December 2, 2015, Re:  Comments on review of application for Clifford Drive Estates, 48 Mesa Drive.

 

 

4.      Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Review of plans and specifications for Clifford Drive Estates, 48 Mesa Drive.

5.      Letter from Ray Pantalone, Tree Warden, dated November 4, 2015, Re:  Comments on review of plans for 33 Old Amity Road.

6.      Letter from Dave Nafis, Town Engineer, dated December 2, 2015, Re:  Comments on review of plans and specifications for 33 Old Amity Road.

7.      Letter from Quinnipiack Valley Health District, dated December 2, 2015, Re:  Comments on review of Application #2015-020, 33 Old Amity Road.

8.      Letter from Derrylyn Gorski, First Selectman, dated November 23, 2015, Re:  Request for PZC to conduct a Section 8-24 Review for proposed roof replacement for the Bethany Community School with attached resolution suggested by bond counsel.

9.      Memo from Hiram Peck, Planning Consultant, dated November 29, 2015, Re:  Overview analysis of possible development of property located at 43/53 Atwater Road.

10.  Letter from Town Clerk Nancy McCarthy, dated November 10, 2015, Re:  Request for schedule of regular meetings for 2016 with attached draft.

It was moved by Sullivan and seconded by Calhoun to approve the draft schedule for regular meetings for the year of 2016 as requested by Nancy McCarthy, Town Clerk, in a letter dated November 10, 2015.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

 

11.  Letter from Isabel Kearns, ZEO, to Daniel Levine of 43 Luke Hill Road, dated November 17, 2015, Re:  Notice of Violation, outside storage of materials.

12.  Email from Eugene Livshits, SCRCOG, dated November 6, 2015, Re:  Town of Prospect Referral for proposed revision to zoning regulations.

13.  Email from Eugene Livshits, SCRCOG, dated November 6, 2015, Re:  Town of Hamden Referral for proposed revision to zoning regulations.

 

 

ZONING ENFORCEMENT OFFICER’S REPORT

 

Isabel Kearns, ZEO, reported on the following:       

·         Submitted a list of Building Permits dated December 2, 2015.

·         304 Wooding Hill Road – Mentioned that the property has been used for gun shooting.

·         33 Old Amity Road – Has brought in fill/gravel from road construction at Route 63 and Route 67 and gravel has not been tested.  Noticed more trucks and material on property.

·         63 Sargent Drive and 429, 437 and 443 Fairwood Road – Sent letter to enter property and property owners no posted no trespassing signs.

·         33 Deerfield Lane – Property owner has made an application to build a house.

·         Will prepare letter to be sent to Town Attorney for Zoning Enforcement Matters.

 

 

 

 

 

 

 

PUBLIC HEARING

 

·         Application #2015-019 submitted by James Woodward for 5-Lot Subdivision located at 48 Mesa Drive

 

At 7:20 p.m., Chair Brinton called the public hearing to order.   Roll call was taken.         Chair Brinton read the legal notice for the public hearing. 

 

Chair Brinton stated the applicant did not complete proper notification to the property owners within 500 feet.

 

The Commission scheduled a site visit for Sunday, December 13, 2015, at 10:00 a.m.  Commission members to meet at the property. 

 

At 7:30 p.m., it was moved by Sullivan and seconded by Calhoun to adjourn the public hearing and continue it to the next regular meeting scheduled for Wednesday, January 6, 2016, in the Commission Meeting Room of the Bethany Town Hall.  Public hearings will start at 7:15 p.m.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

 

 

PUBLIC HEARING

Four applications to be heard together:

·         33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement

·         33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign

·         33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms

·         33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading

 

 

It was moved by Sullivan and seconded by McDonald to not open the hearing and reschedule the public hearing date to Wednesday, January 6, 2016, in the Commission Meeting Room of the Bethany Town Hall.  Hearing will start at 7:15 p.m.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

1)      Connecticut General Statute, Section 8-24 Review – Reroof of Bethany Community School

 

The Commission received a letter from Derrylyn Gorski, First Selectman, dated      November 23, 2015, Re:  Request for PZC to conduct a Section 8-24 Review for proposed roof replacement for the Bethany Community School with attached resolution suggested by bond counsel.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Calhoun to approve the following resolution:

 

Whereas, Section 8-24 of the Connecticut General Statutes requires that a municipality refer proposals for public improvements to the Planning and Zoning Commission for a report; and

 

Whereas, First Selectman, Derrylyn Gorski, has requested such a report in a memo dated November 23, 2015, relative to the roof replacement at the Bethany Community School; and 

 

Whereas, this request directly relates to the Town Plan of Conservation and Development, adopted November 18, 1998 and last revised October 30, 2010, specifically Section 7, Municipal Facilities; and

 

Now Therefore Be It Resolved, that the Bethany Planning and Zoning Commission hereby approves the following project pursuant to Section 8-24 of the Connecticut General Statutes:  removal and replacement of the original building roof and the canopy roofs at the Bethany Community School, and related improvements, as outlined in the information submitted.  The Commission finds that this approval is not in conflict with the Town Plan of Conservation and Development adopted November 18, 1998 and last revised October 30, 2010.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

 

 

2)      51 Fairwood Road, Application #2015-025 submitted by Deborah Demander for a Site Plan Review – Construction of timber frame barn for farm stand and storage

 

The Commission formally received the application.  Present to speak on behalf of this application was Deborah Demander, applicant and property owner and her son, Lars Demander.  Chair Brinton reviewed the application file.  

 

 

 

 

 

 

 

Mrs. Demander briefly reviewed the proposed project and noted in discussion:

·         State laws are changing and need to rebuild barn to keep out birds, squirrels, rodents, etc.

·         Barns are listed on the State of Connecticut Historic Registry.

·         Need extra space for products selling and extra storage space.

 

In discussion, Commission members noted:

·         Parking will stay gravel

·         Barn will have a concrete slab floor and a timber framing.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Calhoun and seconded by Sullivan to approve the following resolution for Application #2015-025:

 

Whereas, Deborah Demander applied on December 2, 2015, to the Bethany Planning and Zoning Commission for Site Plan Approval to construct a 40-foot by 40-foot timber framed barn located at 51 Fairwood Road;

 

Whereas¸ the Statement of Use dated November 17, 2015, indicates that the barn will be used for selling agricultural products through a retail farm stand;

 

Whereas, the Commission, at its regular meeting also of December 2, 2015, considered the maps, narrative, testimony and other pertinent information relating to a request for Site Plan Approval to construct a 40-foot by 40-foot timber framed barn;

 

Now Therefore, the Commission makes the following findings of fact and decision regarding the application:

1)                  Quinnipiack Valley Health District issued Permit #1718 for the construction of a detached 40-foot by 40-foot barn on November 10, 2015 and      November 12, 2015.

2)                  The Planning and Zoning Commission received correspondence from the Inland Wetlands Commission dated December 1, 2015 in which the Inland Wetlands Commission stated that no Inland Wetlands Permit is required for the proposed activity.

3)                  Rod White, Fire Marshal signed off on the back of the application form on December 1, 2015 indicating his approval.

4)                  The Commission received a letter dated November 30, 2015, from         Ronald Walters of South Central Connecticut Regional Water Authority in which he states that the location of the barn is off the public water supply watershed area.

 

 

 

 

                

Now Therefore It Resolved, that pursuant to Section 4.3.F. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Site Plan for a 40-foot by 40-foot timber framed barn located at 51 Fairwood Road based on the plan submitted November 17, 2015, untitled with hand drawn markings by the applicant.

 

And with the following conditions:

1)      The applicant shall obtain a building permit prior to any construction and review by the Fire Marshal.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

      Unanimous approval.

 

 

3)      304 Wooding Hill Road, Application #2015-026 submitted by Barbara Welker-Griggs for a Special Exception Permit for One Rear Lot

 

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

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing date.

 

It was moved by Sullivan and seconded by McDonald to schedule a public hearing date of Wednesday, January 6, 2016, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will start at 7:15 p.m.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

 

 

4)      50 Hunters Trail, Application #2015-027 submitted by Luiza DaSilva for a Special Exception Permit for a Boarding Stable (Sun Gold Stables/Shannon Equine)

 

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

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing date.

 

It was moved by Sullivan and seconded by Shea to schedule a public hearing date of Wednesday, January 6, 2016, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will start at 7:15 p.m.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

           .  

 

 

 

 

 

 

 

 

5)      48 Mesa Drive, Application #2015-028 submitted by James Woodward for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit

 

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

 

Isabel Kearns, ZEO, recommended the Commission schedule a public hearing date and that this application will be heard together with Application #2015-019 also submitted by James Woodward for a 5-Lot Subdivision located at 48 Mesa Drive.

 

It was moved by Calhoun and seconded by Sullivan to schedule a public hearing date of Wednesday, January 6, 2016, in the Commission Meeting Room of the Bethany Town Hall.  Hearings will start at 7:15 p.m.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

           .  

 

6)      Discussion with Derek Iwaszkiewicz regarding 43 and 53 Atwater Road

 

Present for this discussion was Derek Iwaskiewicz. 

 

Hiram Peck, Planning Consultant, prepared a three page memo dated November 29, 2015, Re:  Overview analysis of possible development of property at 43/53 Atwater Road.

Mr. Peck discussed memo with Commission members.

 

 

OLD BUSINESS

 

 

1.      48 Mesa Drive, Application #2015-019 submitted by James Woodward for a five (5) Lot Subdivision – Public hearing adjourned and continued to January 6, 2016.  Tabled.

 

 

2.      33 Old Amity Road, Application #2015-020 submitted by Wayne Zirolli for Two New Use permits – Concrete Business and Sale of Earth Materials and Cement – Public hearing scheduled January 6, 2016.

 

3.      33 Old Amity Road, Application #2015-021 submitted by Wayne Zirolli for Site Development Plan/Commercial Development and a 6’ by 4’ freestanding sign – Public hearing scheduled January 6, 2016.

 

 

 

 

 

 

 

 

 

 

4.      33 Old Amity Road, Application #2015-022 submitted by Wayne Zirolli for Special Exception for Outside Storage of earth materials for sale and forms – Public hearing scheduled January 6, 2016.

 

5.      33 Old Amity Road, Application #2015-023 submitted by Wayne Zirolli for Special Exception for Earth Removal, Excavation, Filling, Stockpiling and Grading – Public hearing scheduled January 6, 2016.

 

6.      55 Sargent Drive, Application #2015-024 submitted by TSC Properties LLC for a Change of Use – Storage of Construction Equipment inside building

 

Present to speak on behalf of this application was Dayna Garcia and Timothy McAllen representing the applicants.  See letter in file dated December 1, 2015, granting permission to speak.

 

Isabel Kearns, ZEO, stated that Quinnipiack Valley Health Department signed off on this application on November 5, 2015, giving approval for no more than two employees.

 

Isabel Kearns, ZEO, prepared a draft resolution.  Commission members discussed and proceeded to deliberate.  It was moved by Sullivan and seconded by Calhoun to approve the following resolution for Application #2015-024:

 

Whereas, TSC Properties, LLC applied on November 4, 2015, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate McAllen Building and Remodeling, Inc. located at 55 Sargent Drive;

 

Whereas, Jeffrey Jainir from Aladdin Holdings, LLC, owner of 55 Sargent Drive, authorized TSC Properties, LLC and McAllen Building to make application to store construction equipment in the building located at 55 Sargent Drive in a letter dated December 1, 2015;

 

Whereas, the Commission, at its regular meeting of November 4, 2015, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit for the operation of McAllen Building & Remodeling, Inc. located  55 Sargent Drive;

 

Now Therefore the Commission makes the following findings of fact:

1)                  Lynn Fox, Quinnipiack Valley Health Department representative, signed off on the back of the application form on November 5, 2015, indicating her approval for a maximum of two employees.

2)                  Rod White, Fire Marshal, signed off on the back of the application form on November 3, 2015, indicating his approval.  He also submitted a letter dated November 3, 2015, in which he speaks about Fire Safety Code requiring an automatic sprinkler system for buildings over 5,000 square feet.  This building is 6,000 square feet.

 

 

 

 

3)                  The Commission received a letter date November 4, 2015, from Ronald Walters of the South Central Connecticut Regional Water Authority in which he offered the following comments:  1) Fuel is to be stored in a secondary containment system; 2) Equipment maintenance should be conducted indoors on an impervious surface; 3) Waste chemicals should be stored indoors our outside on an impervious surface within a containment berm or other means of secondary containment.  Materials should be disposed of by a licensed waste hauler; 4) If vehicle washings are done on site, wash water should not be discharged to the environment.  The facility should be operated in accordance with the requirements of the Connecticut Department of Energy and Environmental Protection.

 

Now Therefore Be It Resolved that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Change of Use Permit to operate McAllen Building & Remodeling, Inc. located at 55 Sargent Drive;

 

And with the following conditions:

1)                  A building permit for an Interior-Fit-Out must be approved by the Building Official and the Fire Marshal prior to any renovations to or occupancy of the building.

2)                  Should vehicles be stored within the building, a sprinkler system shall be installed and approved by the Fire Marshal as stated in the Fire Marshal letter dated November 3, 2015.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

      Unanimous approval.

 

7.      Discuss future Land Use Plan (possible insertion in Town Plan of Conservation & Development)  Hiram Peck, Planning Consultant, stated the Commission received the maps through the help of Isabel Kearns, ZEO.  Mr. Peck would like the Commission to review maps.  The Commission will schedule a special meeting in January 2016. Tabled.

 

8.      Discussion regarding the rewriting of the current Zoning Regulations – Hiram Peck, Planning Consultant, submitted a memo with questions for the Commission.  Mr. Peck would like Members to review and submit input to him.  Mr. Peck stated if Members would send information to ZEO and ZEO can forward to Mr. Peck.  Tabled.

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Sullivan and seconded by Calhoun to adjourn the regular meeting at 8:40 p.m.

Voting for:  Brinton, Sullivan, Calhoun, Shea, McDonald.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Planning and Zoning Commission

 

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF NOVEMBER 30, 2015                                                               Page 1 of 7

 

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

         Kristine Sullivan, Vice-Chair

         Lisa Gaw, Member

         Brian Smith, Member

         Roger Hathaway, Member

         Nancy Scanlon, Alternate Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS

 

1)      Discussion with Deborah Demander regarding construction of a 40’ by 40’ building located at 50 Fairwood Road

 

Present for this discussion was Deborah Demander, owner of record, and her son Lars Demander.

 

Isabel Kearns, IWEO, stated the property owner would like to construct a barn on the side of the existing farm stand.  The location of the proposed barn is not within the 150 foot review area and far enough from the wetlands.

 

Ms. Demander reviewed the proposed project and stated the subject property is in the State of Connecticut Registry for historical sites. 

 

Commission members discussed and reviewed the plan and it was the consensus of the Commission that no Inland Wetlands Permit is required at this time for the proposed activity.

 

 

2)      153 Amity Road, Application #1255 submitted by Mark Sette for an IW Permit to clear property of tires and other debris

 

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

 

Mr. Sette briefly reviewed the proposed project and noted in discussion:

·         Pile of tires on my property and would like to remove.

·         The neighbor to the north of Mr. Sette was building a retaining wall with tires.

·         Will pull up tires with a rope.

 

 

 

 

Also present was Alan Shepard, P.E. speaking for the applicant.  Mr. Shepard noted:

·         Would like to use neighbor’s driveway to get into the property to remove tires but will need permission.

·         Other issue is a slope was created with the tires.

·         Would like to pull tires out before put application in for proposed building.

 

In discussion, Commission members noted:

·         Not enough information on slope to make determination.

·         The Commission would rather address this issue (tire slope) when Mr. Sette submits an application and site plan for the proposed building.

·         This would get Mr. Sette into a better season for removing the tires to be completed for remediation.

 

Mr. Sette submitted a letter dated November 30, 2015, to withdraw Application #1255.

 

 

3)      304 Wooding Hill Road, Application #1256 submitted by Barbara Welker-Griggs for an IW Permit for a Site Plan Review

 

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

 

In discussion, Commission members noted:

·         The Engineer needs to show location map on site plan.

·         Would like to review a soil survey to determine if the Commission has jurisdiction on this application.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Tuesday, December 29, 2015.  Tabled.

 

 

It was moved by Smith and seconded by Hathaway to add to the November 30, 2015, Agenda for receipt Application #1257 submitted by Manuel Preta for an Inland Wetlands Permit for a modification to Permit #1241 to change the size of the building located at         33 Old Amity Road.

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

Unanimous approval.

 

4)      33 Old Amity Road, Application #1257 submitted by Manuel Preta for an IW Permit for a modification to Permit #1241 to change size of building -

 

The Commission formally received the application.  Present to speak on behalf of this application was Wayne Zirolli, P.E., representing the applicant Manuel Preta, who was also present.  

 

Isabel Kearns, IWEO, stated that Mr. Preta received some fill from the Route 63 and       Route 67 road construction project, which was the gravel from under the road surface.

 

The Commission asked if the State submitted any information on the gravel and that there is a standard to have the gravel tested.

 

Mr.  Zirolli briefly reviewed the proposed project and noted in discussion:

·         The building was proposed to be 120’ by 120’ but changing to 80’ by 170’.

·         Bottom of this building will be wood frame and upper part metal and metal roof.

·         Raising building about foot and a half in elevation

·         Site drains well as is.

·         Increased parking but no paving.

 

In discussion, Commission members noted:

·         Would like Consulting Engineer, DTC, to review site plan.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Tuesday, December 29, 2015.  Tabled.

 

 

OLD BUSINESS

 

1.      10 Northrop Road, Application #1245 submitted by Douglas Kycia, Landscape Architect for an Inland Wetlands Permit for Upland Area Mitigation Plan

 

No one was present for this application.   The Commission received a letter dated    November 20, 2015, from John Paul Garcia, Re:  Mr. Patel has retained John Paul Garcia & Associates and will be withdrawing Application #1245.

 

 

2.      94 Downs Road, Application #1247 submitted by Dennis and Patricia Colwell for an Inland Wetlands Permit to fill an existing drainage swale

 

Present to speak on behalf of this application was Dennis Colwell, applicant and owner of record.         

 

The Commission noted the following:

·         Did go out on October 25, 2015, and visited the site to look at drainage swale.

·         Concerned with filling in the swale not knowing the future development of the property.

·         Stonewall at back of property has been breached.

·         Lot is developable.

·         Don’t have enough information to make decision if filling in swale would have impact on the wetlands which drain into the West River.

 

Mr. Colwell submitted a letter dated November 30, 2015, to withdraw Application #1247.

 

 

 

 

 

3.      254 Carrington Road, Application #1253 submitted by Dawn and Jordan Stark for an Inland Wetlands Permit to rebuild a barn

 

Present to speak on behalf of this application was Dawn Stark, applicant and owner of record.  

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Smith to approve Application #1253 submitted by Dawn and Jordan Stark for an Inland Wetlands Permit to rebuild the barn in accordance with the submitted plan dated November 30, 2015, with the handwritten note that excavated material for the barn will be spread adjacent to the new barn area.   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)      The construction fence shall be installed under the direction of the Inland Wetlands Enforcement Officer between the barn and the onsite wetlands and the pond.

2)      The applicant shall be in compliance with the comments stated in the letter from the South Central Connecticut Regional Water Authority, dated November 30, 2015, regarding the site.

This approval is based on the fact that if the applicant follows all the conditions as listed in this permit, there should be minimal or no impact to the onsite wetlands or the wetlands on the opposite side of Route 69.

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

Unanimous approval.

 

 

4.      99 Round Hill Road, Application #1254 submitted by Hunter Freeman for an Inland Wetlands Permit to construct a driveway

 

Present to speak on behalf of this application was Alan Shepard, P.E., of Nowakowski, O’Bymachow and Kane, representing the Freemans’. 

 

The Commission received a “Petition For Intervention Under General Statutes Section 22a-19(a)”, from Peter Sulkis of 81 Round Hill Road.  Chair Breslin stated that an Intervenor means that Mr. Sulkis will be a part of the proceedings and will be able to discuss the application and receive all notices.

 

The Commission received a letter from Diversified Technology Consultants, dated November 17, 2015, Re:  Comments on review of 99 Round Hill Road, Application #1254, Construction of driveway.

 

Mr. Shepard did not revise plans to address comments from Diversified Technology Consultants letter dated November 17, 2015.  Mr. Shepard will also submit a maintenance agreement regarding the galleries.

 

 

 

The Commission would like to review the revised plans from Mr. Shepard before acting on this application.  Mr. Sulkis will also receive the revised plans.

 

If not calling a public hearing because there is an activity in a regulated area, the Commission has reviewed the criteria in the Inland Wetlands Regulations and has not found that the boulder replacing and resetting of boulders within that area shown on the plan dated September 11, 2014, revised to November 10, 2015, would constitute in the Commission’s viewpoint a significant activity.

 

Chair Breslin stated that there are two other instances that the Commission could deem a public hearing, which is the receipt of a petition, which the Commission did not receive or if the Commission makes a determination in the public interest.

 

After review of the criteria, it is the consensus of the Commission that this application does not meet the level of significant activity triggering a public hearing and that with the filing of the intervener petition that we meet the ability for the public interest to be expressed directly to the Commission and the applicant.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Tuesday, December 29, 2015.  Tabled.

 

 

5.      Continue 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 permitTabled.

 

 

6.      Revisit site in November the continue discussion regarding road and overland run-off across 37 Hilltop Road (DeCesare) down to Route 69 -  Tabled.

 

 

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

Southwest Conservation District)Tabled.

 

 

8.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn

Tabled.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Sullivan and seconded by Scanlon to approve, as submitted, the minutes of the Sunday, October 25, 2015, Special Meeting/Site Visit.

Voting were:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

 

2.      It was moved by Hathaway and seconded by Scanlon to approve, as submitted, the minutes of the Monday, October 26, 2015, Regular Meeting.

Voting were:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

3.      It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the Saturday, October 31, 2015, Special Meeting/Site Visit.

Voting were:  Breslin, Sullivan, Smith, Scanlon.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Letter from John Paul Garcia, P.E./L.S. dated November 20, 2015, Re:  Withdrawal of Application #1245, 10 Northrop Road.

2)      Letter from Diversified Technology Consultants, dated November 17, 2015, Re:  Comments on review of 99 Round Hill Road, Application #1254, Construction of driveway.

3)      Letter from Town Clerk Nancy McCarthy, dated November 10, 2015, Re:  Request for schedule of regular meetings for 2016 with attached draft.

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION

 

 

SCHEDULE SITE VISIT  None.

 

 

ADJOURNMENT

 

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

and seconded by Smith to adjourn the regular meeting at 9:35 p.m.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission