Tuesday, June 16, 2015


 

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF TUESDAY, MAY 26, 2014                                                        Page 1 of 7

The regular meeting of the Inland Wetlands Commission was called to order at 7:34 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, arrived at 7:37 p.m.

         Kristine Sullivan, Vice-Chair

         Brian Smith, Member     

         Roger Hathaway, Member

         Nancy Scanlon, Alternate Member, seated as a voting member

 

The following member of the Commission was absent:

         Lisa Gaw, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS

 

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

 

Present for this discussion was Derek Iwaskiewicz, property.

 

In discussion, Mr. Iwaskiewicz noted the following:

·         Started the planning of remediation on the property.

·         Hired a firm to come up with a remediation plan.

·         Licensed firm will do testing and some in the wetlands.

·         Will be going to State of CT Department of Energy and Environmental Protection.

·         Depending on testing results on contamination, we will put together some development plan that would be allowed on this property.  Possible single family development, farming, or greenhouses.

 

In discussion, Commission members noted:

·         Years ago, this property was being considered for development.

·         There was a report done by Spath Bjorklund Associates regarding the contamination.

·         So much lead shot in the land that the idea of developing was abandoned.

·         Tried to think of ways to develop the property but determined that trying to remove the lead would destroy what was there.

·         May have some Inland Wetlands files that may assist property owner.

 

 

 

 

 

It was moved by Scanlon and seconded by Smith to add to the agenda of the May 26, 2015 Regular Meeting, Application #1240 submitted by Peter Verab for an Inland Wetlands Permit to plant trees and shrubs and mulch with woodchips located at 93 Peck Road.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

2)      93 Peck Road, Application #1240 submitted by Peter Verab for an Inland Wetlands Permit to plant trees and shrubs with woodchips

 

Present for this discussion was Mr. Peter Verab, property owner and applicant.  Mr. Verab stated he was planting trees and shrubs and spreading mulch to suppress weeds when a neighbor complained.  Also, Mr. Verab stated the trees and shrubs are for his business use, which is a nursery, and he will be cutting off the trees and shrubs for his Christmas wreaths.

 

In review and discussion, it was the consensus of the Inland Wetlands Commission that Peter Verab’s property at 93 Peck Road is a nursery and the trees and shrubs he is planting is technically a crop, therefore the activity proposed to plant trees and shrubs with woodchips does not require an application by this Commission.

 

 

OLD BUSINESS

 

1.)    Raccio Road, Application #1234, submitted by the Town of Bethany for an Inland Wetlands Permit to remove and replace drainage system including catch basin’s and outfalls and reclaim road –

 

No one was present to speak on behalf of this application.  In discussion, Acting Chair Sullivan stated the property was field checked with Al Green, Public Works Director and Paul Crotta on May 8, 2015.

 

It was moved Smith and seconded by Breslin to deny, without prejudice, Application #1234 submitted by the Town of Bethany to remove and replace drainage system including catch basins and outfalls and reclaim road, unless the Town of Bethany grants an extension of time (65 days) to act on said application so that the Inland Wetlands Commission can review further.

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

Unanimous approval.

 

The Commission would like to meet with their Consulting Engineer, Diversified Technology Consultants, at Raccio Road to discuss an alternative as to what is being proposed by the Town.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, June 22, 2015.  Tabled.

 

2.)    Emerald Lane, Application #1235, submitted by the Town of Bethany for an Inland Wetlands Permit to remove and replace drainage system including catch basin’s and outfalls and reclaim road –

 

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

 

It was moved by Breslin and seconded by Smith to approve Application #1235 submitted by the Town of Bethany for an Inland Wetlands Permit to remove and replace drainage system including catch basins and outfalls and reclaim the road in accordance with the submitted plan entitled, “Rolling Green Acres”, dated August 23, 1973, with hand drawn revisions submitted March 20, 2015 by the Director of Public Works, Town of Bethany.  In addition, this permit is subject to the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.

 

If the project is developed in accordance with the plans submitted by the Town of Bethany, there will be no adverse impact on the adjacent wetlands which are part of the Hop Brook wetlands.

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

Unanimous approval.

 

 

3.)    Schaffer Road (from Pole Hill Road to sharp turn), Application #1236, submitted by the Town of Bethany for an Inland Wetlands Permit to widen and upgrade road, improve drainage and tree removal –

 

No one present to speak on behalf of this application.  Commission members discussed and recalled a previous approval for this activity on Schaffer Road.  The file was found for Application #1214 which was approved on March 24, 2014.  The Commission did not take action and asked the clerk to obtain a withdrawal letter for this application from the Town of Bethany.

 

 

4.)    Bethmour Road (from Luke Hill Road to Pole Hill Road, Application #1237, submitted by the Town of Bethany for an Inland Wetlands Permit to remove and replace drainage system including catch basin’s and outfalls and reclaim road

 

No one present to speak on behalf of this application.  Commission members discussed and recalled a previous approval for this activity on Bethmour Road.  The file was found for Application #1191 which was approved on December 17, 2012.  The Commission did not take action and asked the clerk to obtain a withdrawal letter for this application from the Town of Bethany.

 

 

 

 

 

5.)    53 Judd Hill Road, Application #1238 submitted by Artur and Elizabeth Carreira for an Inland Wetlands Permit for a residential site development and pool

 

Present for this discussion was Fred D’Amico, P.E. of D’Amico Associates, Oxford, Connecticut, representing the applicants, Artur and Elizabeth Carreira, who were also present.

 

In discussion, Mr. D’Amico noted:

·         Plans have been revised to address the outlets for the footing and roof drains to drain outside the restricted easement.

·         Footing and roof drains separate as required so they don’t clog.

·         There is 50-foot flexible clearing around the house which is shown on the original approval. 

 

Residents present from the area were:

·         Susan Bradford of 825 Amity Road (abutting neighbor to south).  Commission received an email from Susan Bradford of 825 Amity Road, dated May 14, 2015, Re:  Concerns regarding application for 53 Judd Hill Road.  Ms. Bradford wants to make sure this activity is in compliance with what was previously approved for the subdivision.

·         Mark Scott of 49 Tuttle Court (abutting neighbor to north).

 

In discussion, Commission members noted:

·         Need approval from Quinnipiack Valley Health District.

·         Engineer needs to revise plans to show limits of clearing and stonewall and submit a copy of the Quinnipiack Valley Health District approval.

·         Need this information to make decision.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, June 22, 2015.  Tabled.

 

6.)    185 Downs Road, Application #1239 submitted by Nicholas Zito, Forester from Regional Water Authority, for an Inland Wetlands Permit for a timber harvest

 

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

 

It was moved by Smith and seconded by Sullivan to approve Application #1239 submitted by Nicholas Zito, Forester from SCC Regional Water Authority, for an Inland Wetlands Permit for a timber harvest with stream crossings in accordance with the submitted plans entitled “Notification of Timber Harvest” dated January 5, 2015, and other pertinent application information.

Based on the plans submitted and due to the use of the bridges as the brook crossings, which will be temporary, there should be no adverse impact on the wetlands.

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

Unanimous approval.

 

7.)    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

 

No one present to speak on behalf of this activity.

 

The Commission received a report entitled, “Biological Assessment Report, 10 Northrup Road”, dated May 19, 2015, prepared by Evans Associates Environmental Consulting, Inc., Bethany, Connecticut.

 

Member Scanlon noticed that more work was being done at the site.

 

Commission members reviewed report and discussed.  The Commission directed the Inland Wetlands Enforcement Officer to prepare a letter to send to Mr. Patel stating he needs to make an application including all the recommendation that are in the report entitled, “Biological Assessment Report, 10 Northrup Road”, dated May 19, 2015, prepared by Evans Associates Environmental Consulting, Inc., Bethany, Connecticut.  Also, Mr. Patel needs to completely understand that no work is to be done on the site and if any work is done, he will immediately be fined for the violation of the Cease and Desist Order dated December 26, 2014.

 

Also, the Commission would like the IWEO to take photos so that the Inland Wetlands Commission can show that work is being done with Cease and Desist in place.  Tabled.

 

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

across 37 Hilltop Road (DeCesare) down to Route 69 - 

 

Property owner still in violation with Zoning for constructing a building without permit.  The Commission will continue to monitor the runoff.  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.

 

 

 

 

 

 

 

 

 

OTHER BUSINESS

 

27 Pine Brook Crossing (Gamsu Property)

Present for this discussion was John Kirkham of British Botanicals.  Mr. Kirkham submitted a letter, proposal of work and photographs dated May 8, 2015.

 

In discussion, Mr. Kirkham noted:

·         Pipe has been removed as recommended in Revised Cease and Desist Order, dated February 6, 2015, and installed some rip rap.

·         Have been maintaining a grassy vegetative cover on slope.

·         Would like to plant pine trees.

 

The Commission stated any further site work on property is under the jurisdiction of the Inland Wetlands Commission and the Commission recommended an application be submitted with a hand drawn plan for the proposed activity as listed in Mr. Kirkham’s letter dated May 8, 2015.

 

Mr. Kirkham asked if the Cease and Desist order had been satisfied.  The Commission stated that in the Cease and Desist Order #5 states that vegetation must be established and present for two growing seasons and this has not happened.  The Commission recommended to Mr. Kirkham that he could plant more grass and trees but the Commission would need two growing seasons to determine if the site is permanently stable and after two growing seasons the Commission would walk the property again.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Smith and seconded by Breslin to approve, as amended, the minutes of the Monday, April 27, 2015, Regular Meeting.

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

Unanimous approval.

 

2.      It was moved by Breslin and seconded by Sullivan to approve, as submitted, the minutes of the Friday, May 8, 2015, Special Meeting/Site Visit.

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

Unanimous approval.

 

 

BILLS

 

1.      It was moved by Smith and seconded by Scanlon to approve the payment of an invoice dated April 29, 2015 from Diversified Technology Consultants, Hamden, Connecticut for $275.00 for professional services through April 4, 2015 – 12 Pleasant Drive.

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

Unanimous approval.

 

 

2.      It was moved by Smith and seconded by Scanlon to approve the payment of an invoice dated May 20, 2015 from Diversified Technology Consultants, Hamden, Connecticut for $110.00 for professional services from April 5, 2015 to May 2, 2015 – 12 Pleasant Drive.

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

Unanimous approval.

 

 

CORRESPONDENCE

 

1.      Letter from the SCC Regional Water Authority, dated May 19, 2015, Re:  Comments on review of application for RWA Timber Harvest, 185 Downs Road.

2.      Email from Susan Bradford of 825 Amity Road, dated May 14, 2015, Re:  Concerns regarding application for 53 Judd Hill Road.

3.      Biological Assessment Report, 10 Northrup Road, dated May 19, 2015 prepared by Evans Associates Environmental Consulting, Inc.

4.      Email from Isabel Kearns, IWEO, to British Botanicals, dated May 12, 2015, Re:  Gamsu Property, 27 Pinebrook Crossing, Cease and Desist Order.

5.      Letter from Isabel Kearns, IWEO, to Jun Zhai and Junjira Sookvaree of 78 Mesa Drive, dated May 18, 2015, Re:  Beaver dam located on your property at 78 Mesa Drive.

 

PUBLICATIONS AND WORKSHOPS

 

1.      Municipal Inland Wetlands Agency Continuing Education Workshop:  Legal and Administrative Updates.

2.      The Habitat, A newsletter of the Connecticut Association of Conservation & Inland Wetlands Commissions, Inc., Spring 2015.

 

 

ENFORCEMENT OFFICER REPORTSTabled.

 

SCHEDULE SITE VISITS  No site visits scheduled.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Smith and seconded by Hathaway to adjourn the regular meeting at 9:15 p.m.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission