Friday, July 8, 2016


MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JUNE 27, 2016                                                       Page 1 of 6

 
The regular meeting of the Inland Wetlands Commission was called to order at 7:33 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
         Brian Smith, Member
         Roger Hathaway, Member
         Nancy Scanlon, Alternate Member, seated as a voting member
 
The following members of the Commission were absent:
         Kristine Sullivan, Vice-Chair
         Lisa Gaw, Member
 
 Also present was:
         Isabel Kearns, Inland Wetlands Enforcement Officer
 
 
NEW BUSINESS  
 
  1. MENDELL’S FOLLY – RT. 42 BORDER OF BEACON FALLS AND BETHANY, Application #1266 submitted by David Ford for an Inland Wetlands Permit to construct a bird watching stand
 
The Commission formally received the application.  Present to speak on behalf of this application was David Ford, Eagle Scout and Applicant.
 
Mr. Ford briefly reviewed the proposed project and noted in discussion:
  • Footings will be dug with shovels.
  • Will be carrying material to site.
  • Anywhere from 6 to 12 people will be helping.
  • Will take approximately 2 months to complete.
     
Some items noted by Commission members were:
  • The commission would like to schedule site visit.
  • Asked applicant to place flagging where footings will be located.
     
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, July 25, 2016.  Tabled.
 
 
 
  1. 80 CARRIAGE DRIVE, Application #1267 submitted by Carrie Lupoli for and Inland Wetlands Permit to construct an in-ground pool
 
The Commission formally received the application.  Present to speak on behalf of this application was Mr. Peter Lupoli, applicant and owner of record.
 
Mr. Lupoli briefly reviewed the proposed project and noted in discussion:
  • Pool will be a rectangular in-ground pool.
  • Will use a sand filter.
  • Would like to cut down few trees that will have branches hanging over proposed pool.
     
Some items noted by Commission members were:
  • Would like a drawing as to where the soil from digging pool out will be stockpiled.
  • When dirt is stockpiled, will need erosion controls (silt fence).
  • Commission would like to conduct a site visit.
  • Commission asked applicant to flag area where proposed pool will be located.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, July 25, 2016.  Tabled.
 
 
It was the consensus of the Commission to add Application #1268 to the agenda for this evening.
  1. 9 SCHAFFER ROAD, Application #1268 submitted by Ken Garceau for an Inland Wetlands Permit for the division of parcel into two lots and the construction of new house
 
The Commission formally received the application.  Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
 
Mr. Garcia briefly reviewed the proposed project and noted in discussion:
  • This lot was approved for a residential site development in 2001.  Permit expired.
  • This is an as-of-right split of land.
  • Plans have been brought up to current standards.
     
Some items noted by Commission members were:
  • Asked the IWEO, Isabel Kearns, to pull the old file.
  • Commission would like to conduct a site visit.
  • The Commission asked the applicant to stack where house will be located and center of driveway and walkway.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, July 25, 2016.  Tabled.
 
 
OLD BUSINESS
  1. 153 Amity Road, Application #1265 submitted by Mark Sette for an IW Application for a Site Plan Approval – 2 Contractor Storage Buildings – 1 Building to have 1-Unit residential component
 
The Commission previously scheduled a public hearing date of Monday, July 25, 2016, at     8:00 p.m. in the Commission Meeting Room.  Tabled.
 
 
  1. Sanford Road between 130-62 and 131-12, Application #1259 submitted by Nicholas Zito – RWA Forester for an IW Permit for the replacement of failed culvert with two 12” pipe
 
No one was present to speak on behalf of this application.  Members Sullivan and Smith did meet with Mr. Zito in the field and he was in agreement with their recommendations not to drain the wetlands.
 
Commission members discussed and proceeded to deliberate.  It was moved Smith and seconded by Scanlon to approve Application #1259 submitted Nicholas Zito, Regional Water Authority Forester, for an Inland Wetlands Permit for the replacement of a failed culvert with one (1) 12” pipe located at Sanford Trail between 130-62 and 131-12.  The applicant is to not lower the invert below the upstream area.  After the pipe is installed, cover the pipe with stone to make the path over it higher. If these recommendations are followed there will be no adverse impact on the upstream or downstream wetlands as discussed in the field.
Vote 4 to 0.
Voting were:  Breslin, Smith, Hathaway, Scanlon.
Unanimous approval.
 
 
  1. 591 Amity Road, Application #1263 submitted by Tammy Ronan for a two-lot resubdivision
 
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
 
Mr. Garcia discussed the man-made ditch and stated this property was farmed years ago.
 
The Commission received a letter from Martin Brogie, Inc., Environmental Services, dated    June 24, 2016, Re:  Wetland Delineation Assessment.
 
Chair Breslin asked the clerk to send plan to the Commission’s Consulting Engineer, Diversified Technology Consultants.
 
Mr. Garcia submitted consent to extension of time for 35 days for the Commission to act on the subject application.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, July 25, 2016.  Tabled.
 
 
  1. Continue discussion with Braden Van Loon regarding clear cutting for horse grazing at 79 Rainbow Road
 
Present for this discussion was Braden Van Loon. 
 
Chair Breslin stated there is an intermittent watercourse on the property, cannot remove or deposit material and the filling of wetlands is not an as of right.  The Commission will continue to review the property and look at the adjoining properties.  Suggested Mr. Van Loon confers with the National Resource Conservation Service.  Tabled.
 
 
  1. Discussion regarding Raccio Drive – Proposal from Diversified Technology Consultants  Tabled.
 
  1. Continue discussion with John Paul Garcia regarding 10 Northrop Road – Cease and Desist – Present for this discussion was John Paul Garcia, P.E./L.S.    The Commission received a letter from Environmental Planning Services, LLC, dated June 16, 2016, Re:  Comments on review of remediation plan dated November 5, 2015, for 10 Northrop Road.  Mr. Garcia reviewed the letter with the Commission.  Mr. Garcia stated he will involve other professionals on his end as recommended in letter.  Tabled.
     
  2. 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.
     
     
  3. Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the
    Southwest Conservation District)Tabled.
     
  4. 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
February 22, 2016 Regular Meeting Minutes
Tabled.
 
  1. It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the May 23, 2016, Regular Meeting.
    Voting were:  Breslin, Smith, Hathaway, Scanlon.
    Unanimous approval.
     
  2. It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the June 2, 2016, Special Meeting/Site Visit.
    Voting were:  Breslin, Smith, Hathaway, Scanlon.
    Unanimous approval.
     
 
BILL
 
It was moved by Smith and seconded by Scanlon to approve the payment of an invoice dated June 16, 2016, from Environmental Planning, West Hartford, Connecticut for $350.00 for professional services for 10 Northrop Road.
Voting were:  Breslin, Smith, Hathaway, Scanlon.
Unanimous approval.
 
 
CORRESPONDENCE
 
  1. Letter from Town of Beacon Falls, David Keating, Wetlands Enforcement Officer, dated June 15, 2016, Re:  Proposed observation platform on property within 500 feet of the Beacon Falls municipal boundary.
  2. Letter from Diversified Technology Consultants, dated June 22, 2016, Re:  Comments on review of 153 Amity Road, construction of two contractor storage buildings.
  3. Letter from Martin Brogie, Inc. Environmental Services, dated June 24, 2016, Re:  Comments on Wetland Delineation Assessment, 153 Amity Road.
  4. Letter from Martin Brogie, Inc. Environmental Services, dated June 24, 2016, Re:  Comments on Wetland Delineation Assessment, 591 Amity Road.
  5. Letter from Environmental Planning Services, LLC, dated June 16, 2016, Re:  Comments on review of remediation plan dated November 5, 2015, for 10 Northrop Road.
 
 
 
  1. Letter from Isabel Kearns, IWEO, dated June 17, 2016, Re:  Cease and Desist Order for    139 Beacon Road.
Present for the Show Cause Hearing was Steve Mana, owner of record.  Mr. Mana stated he has not done any work on the property and that he just added crushed stone to the driveway.  The Commission is concerned with the driveway and the proximity to the stream.  The Commission asked the IWEO Isabel Kearns to take a look at historical photographs to compare with property as it exists now.  Show Cause Hearing continued to next regular meeting on Monday, July 25, 2016.  Tabled.
 
 
ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION
 
SCHEDULE SITE VISIT
The Commission scheduled a site visit for Sunday, July 24, 2016.  Members to meet at Town Hall Parking Lot at 8:00 a.m.  Sites to visit are:
  • 67/71 Mesa Drive
  • 80 Carriage Drive
  • 9 Schaffer Road
  • Mendell’s Folly, Beacon Road
     
 
OTHER BUSINESS -
 
 
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 8:55 p.m.
Unanimous approval.
 
Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
for the Inland Wetlands Commission