Tuesday, March 1, 2016


MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, FEBRUARY 22, 2016                                              Page 1 of 5

 

The regular meeting of the Inland Wetlands Commission was called to order at 7:30 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:

         Kristine Sullivan, Vice-Chair, Acting as Chair

         Lisa Gaw, Member

         Roger Hathaway, Member

         Nancy Scanlon, Alternate Member, seated as a voting member

 

The following members of the Commission were absent:

         Alexandra Breslin, Chair

         Brian Smith, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS

 

1)      Discussion with John Paul Garcia regarding 108 Carrington Road – Timber Harvest

 

Present for this discussion was John Paul Garcia, owner of record for 108 Carrington Road.  Mr. Garcia submitted a letter dated, January 28, 2016, in regard to a timber harvest on          .4 acres of upland on the subject property with an attached sketch to create a Christmas tree plantation containing approximately 400 to 600 trees.

 

During discussion it was the consensus of the Commission that in regard to Section 4.1.a. – Permitted Uses As of Right & Nonregulated Uses of the Bethany Inland Wetlands Regulations this would constitute a nursery and what is being represented by Mr. Garcia is a permitted use as of right.  Staff will prepare a letter for the file that the Commission reviewed the proposal and this is a permitted use as of right.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OLD BUSINESS

 

1.      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 Mike O’Bymachow of Nowakowski, O’Bymachow, and Kane, representing the Freemans’. 

 

Also in attendance was Peter Sulkis, Intervener, from 81 Round Hill Road.

 

The Commission received and discussed the copy of “Easement of Access and Utilities and Driveway Maintenance Agreement”, the copy of Soil and Erosion Control Bond Estimate and the revised map entitled, “Merger Map of 99 Round Hill Road, Bethany and 383 Newton Road, Woodbridge, dated February 16, 2016.

 

Commission members discussed and proceeded to deliberate.  It was moved by Hathaway and seconded by Scanlon to approve Application #1254 submitted by Hunter Freeman for an Inland Wetlands Permit to construct a driveway located at 99 Round Hill Road in accordance with the following plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton, Connecticut entitled:

a)      “Overall Site Plan”, dated September 11, 2014, revised to January 5, 2016.

b)      “Septic Plan”, dated September 11, 2014, revised to January 5, 2016.

c)      “Driveway Detail Plan”, dated September 11, 2014, revised to January 5, 2016.

d)     “Driveway Drainage Cross-Section”, dated September 11, 2014, revised to January 5, 2016.

e)      “Sight Line Profile”, dated September 11, 2014, revised to January 5, 2016.

f)       “Merger Map of 99 Round Hill Road, Bethany and 383 Newton Road, Woodbridge, dated February 16, 2016, with no revisions.

 

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)      “Easement of Access and Utilities and Driveway Maintenance Agreement” shall be reviewed and approved by Bethany Town Counsel.

b)      Soil and Erosion Control Bond Estimate shall be reviewed and approved by Diversified Technology Consultants for a cash bond.

 

Based on the improvements to the drainage areas and galleries this activity will result in minimal or no impact to the wetlands.

Vote 4 to 0.

Voting were:  Sullivan, Gaw, Hathaway, Scanlon.

Unanimous approval.

 

 

2.      Discussion regarding Raccio Drive – Proposal from Diversified Technology Consultants  Tabled.

 

 

 

 

 

3.      Continue discussion with John Paul Garcia regarding 10 Northrop Road – Cease and Desist

 

The Commission received an email from John Paul Garcia, P.E./L.S. dated February 17, 2016, Re:  No new information to date.  Tabled.

 

 

4.      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.

 

 

5.      Revisit site in November the continue discussion regarding road and overland run-off across 37 Hilltop Road (DeCesare) down to Route 69 -  To be removed from agenda.

 

 

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

Southwest Conservation District) – Waiting for Spring. Tabled.

 

7.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn

Tabled.

 

 

APPROVAL OF MINUTES

 

November 30, 2015 Regular Meeting Minutes

 

December 29, 2015 Regular Meeting Minutes

 

January 25, 2016 Regular Meeting Minutes

Tabled.

 

 

BILL

 

It was moved by Hathaway and seconded by Gaw to approve the payment of an invoice dated February 15, 2016, from Diversified Technology Consultants, Hamden, Connecticut for $270.00 for professional services through January 23, 2016 – 33 Old Amity Road.

Voting were:  Sullivan, Gaw, Hathaway, Scanlon.

Unanimous approval.

 

 

 

 

 

 

 

 

CORRESPONDENCE

 

1)      Letter from John Paul Garcia, dated January 28, 2016, Re:  108 Carrington Road, Timber Harvest.

2)      Letter from Aquarion Water Company, dated January 20, 2016, Re:  Aquarion Environmental Champion Awards.  (Keep in correspondence for next meeting scheduled for March 28, 2016.)

3)      Submitted by Nowakowski, O’Bymachow, Kane, copy of “Easement of Access and Utilities and Driveway Maintenance Agreement”, submitted February 18, 2016.

4)      Copy of email from John Paul Garcia to Isabel Kearns, dated February 17, 2016, Re:  No new information for 10 Northrup Road to date.

 

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION -

 

SCHEDULE SITE VISIT – None

 

 

OTHER BUSINESS - None

 

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Gaw and seconded by Scanlon to adjourn the regular meeting at 7:58 p.m.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission