Monday, September 28, 2015


MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, AUGUST 24, 2015                                                 Page 1 of 6

The regular meeting of the Inland Wetlands Commission was called to order at 7:34 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:

         Kristine Sullivan, Vice-Chair, acting as Chair

         Brian Smith, Member

         Roger Hathaway, Member

         Nancy Scanlon, Alternate Member, seated as a voting member

 

The following members of the Commission were absent:

         Alexandra Breslin, Chair

         Lisa Gaw, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

NEW BUSINESS

 

1)      94 Downs Road, Application #1247 submitted by Dennis and Patricia Colwell for an Inland Wetlands Permit to fill an existing drainage swale -

 

The Commission formally received the application.  Present to speak on behalf of the application were Dennis and Patricia Colwell, applicants and owners of record.         

 

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

·         Owns both building lot at 94 Downs Road and resides at 86 Downs Road.

·         Would like to fill in, what exists on documents, as a drainage ditch which serves no purpose.

 

Isabel Kearns, IWEO, stated in the original permit approved in 1994 for this lot it was stated that the drainage swale must stay due to the current lot (86 Downs Road) having drainage problems but owners have since rectified the drainage problem and there is no water running through the swale.

 

In discussion, Commission members noted:

·         Received letter from Regional Water Authority dated August 21, 2015.

·         Applicant did not file on Land Records back in 1994 the drainage way easement as required by the Commission in their approval.

·         Soil Report dated July 7, 1994, shows no wetlands soils.

·         Commission would like to conduct site visit.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 28, 2015.  Tabled.

 

 

 

 

 

 

OLD BUSINESS

 

1.      33 Old Amity Road and 9 Russell Road, Application #1241 submitted by Manuel Preta for an Inland Wetlands Permit to construct a building for masonry supply and a storage yard

 

Present to speak on behalf of the application was Wayne Zirolli, P.E./L.S. representing the applicant, Manuel Preta, who was also present.

 

Mr. Zirolli briefly reviewed the following:

·         Submitted and reviewed revised site plans dated August 8, 2015.

·         Submitted Hydrology Calculations and Report dated July 15, 2015.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Smith and seconded by Sullivan to approve Application #1241 submitted by Manuel Preta for an Inland Wetlands Permit to construct a 120-foot by 120-foot building for masonry business and a storage yard located at 33 Old Amity Road in accordance with the following submitted plans prepared by Wayne J. Zirolli, P.E. & L.S. Engineering & Surveying, Litchfield, Connecticut entitled:

a)      “Site Plan for Proposed Masonry Supply & Storage Yard”, dated July 13, 2015, revised to August 8, 2015, Drawing No. SP-1.

b)      “Site Plan Details & Notes for Proposed Masonry Supply & Storage Yard”, dated August 8, 2015, Drawing No. DP-1.

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)      The project engineer shall provide certification that the drainage galleries are installed in accordance with the design shown on the approved plans.

b)      The project engineer shall provide a written note with the length of the splash pad and the size of the stone.

 

Based on the plans submitted and the addition of the roof drains there should be no adverse impact on the wetlands from the proposed activity.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.      153 Amity Road, Application #1243 submitted by Mark Sette for an Inland Wetlands Permit to mow around the wetlands

 

Present to speak on behalf of the application was Mark Sette, applicant and owner of record.

 

The Commission first took action on Mr. Sette’s letter dated June 26, 2015, to waive the application fees.  Commission members discussed and then proceeded to deliberate. 

 

It was moved by Sullivan and seconded by Smith in terms of the fees to charge the applicant $200 for a Commercial Use and $60 on behalf of the State of Connecticut for a total of $260.00 due for Application #1243 for the property located at 153 Amity Road.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

The Commission then discussed the application and Mr. Sette revised his application and site plan to state mowing instead of clear cutting .

 

Also, to eliminate the installation of the silt fence, the Commission would like Mr. Sette to locate wooden stakes around the wetlands and the IWEO to field check.

 

It was moved by Sullivan and seconded by Scanlon to approve Application #1243 submitted by Mark Sette for an Inland Wetlands Permit to mow only in the area depicted on the plan for the property located at 153 Amity Road in accordance with the submitted plan entitled, “Map of property prepared for M.A. Sette Corporation”, dated     May 28, 2015, with hand drawn revisions by the applicant revised to August 24, 2015, and in addition, this permit is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

a)      Prior to any mowing taking place, the applicant shall delineate wetlands area by the placement of wooden stakes with orange ribbon around 50-foot wetland setback which the Inland Wetlands Enforcement Officer shall review in field.

b)      This approval is contingent up the receipt of the application fees.

Based on the property just being mowed and not stumped or cleared and with the limits of    mowing to be as shown on the plan there should be no adverse impact to the wetlands.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

3.      10 Northrop Road, Application #1245 submitted by Douglas Kycia, Landscape Architect for an Inland Wetlands Permit for Upland Area Mitigation Plan

 

Present for this discussion was Mr. Doug Kycia, Landscape Architect, applicant representing the owner of record.

 

The Commission obtained the services of Michael Klein, Soil Scientist and Professional Wetland Scientist.  Mr. Klein submitted an email dated August 23, 2015, with comments from his initial review and site inspection.

 

The Commission did not discuss this matter at all due to no application or supplemental fees being received at this time.  Tabled.

 

 

4.       96 Woodcutters Drive, Application #1246 submitted by Gary Leydon for an Inland Wetlands Permit to replace and extend existing deck

 

No one was present to speak on behalf of this application. 

 

Commission members visited the site prior to this meeting and definitely noticed a pond on site.  Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Hathaway to approve Application #1246 submitted by Gary Leydon for an Inland Wetlands Permit to replace and extend the existing deck for property located at 96 Woodcutters Drive in accordance with the submitted plan, untitled, hand drawn by the applicant submitted July 17, 2015, and including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803.

 

This decision is based on the fact that since techo posts will be used for the footings for the deck, the silt fence shown on the plan is not necessary because there should not be any adverse impact on the onsite pond which also has a low stone wall around it.

Vote 4 to 0.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

5.      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 Smith and seconded by Scanlon to approve, as submitted, the minutes of the Monday, July 27, 2015, Regular Meeting.

Voting were:  Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

CORRESPONDENCE

 

1.      Letter from Ronald Walters, Regional Water Authority, dated August 21, 2015, Re:  Comments on review of Application #1247, 94 Downs Road, filling of drainage swale.

2.      Letter from Mark Sette of 153 Amity Road, dated July 30, 2015, Re:  Clear cutting of lot at 153 Amity Road.

3.      Email from Michael Klein, Soil Scientist/Professional Wetland Scientist, dated        August 23, 2015, Re:  Initial review of 10 Northrop Road.

 

PUBLICATIONS AND WORKSHOPS

 

1.       The Habitat, Summer 2015.

 

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION

 

 

SCHEDULE SITE VISITS 

 

The Commission scheduled a site visit for Sunday, August 30, 2015, at 8:30 a.m. to visit      94 Downs Road.  Commission members to meet at the site.

 

ADJOURNMENT

 

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

and seconded by Scanlon to adjourn the regular meeting at 8:31 p.m.  Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission