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 permit – Tabled.

 

 

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