Tuesday, January 24, 2017



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MON
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
         Kristine Sullivan, Vice-Chair
         Roger Hathaway, Member
         Brian Smith, Member
 
The following member of the Commission was absent:
         Nancy Scanlon, Member
 
  
NEW BUSINESS 
 
  1. 74 MUNSON ROAD, Harold, Thomas and Dina Durley, Show Cause Hearing Regarding Cease and Desist Order issued December 7, 2016.
     
    Present for the Show Cause Hearing was Thomas Durley.  Mr. Durley received a Cease and Desist Order, dated December 7, 2016, due to riding of motorized vehicles (quads) in pond.
     
    Some items noted during discussion were:
  • Riding of quads in wetlands due to low level of water.
  • Wetlands (pond) flows directly into Lake Chamberlain which is part of a public supply watershed.  It is the Commission charge to protect the wetlands.
  • The Commission does not have a problem with animals grazing near pond.
  • Mr. Durley willing to work with the Commission.
 
It was moved by Sullivan and seconded by Smith that the Cease and Desist Order dated December 7, 2016, to Harold, Thomas and Dina Durley for 74 Munson Road is affirmed.  The property owner is instructed to install a horseshoe of haybales along the base of the pond where the quads have been running through the northern end of the pond.  Haybales to be stacked and installed according to the required diagrams sent by the Inland Wetlands Enforcement Officer.  The Inland Wetlands Enforcement Officer to be notified when the haybales have been installed so that the Officer can inspect them for proper installation.  In the spring, the property owner is to reseed the banks of the pond.
Voting for:  Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
 
 
 
 
 
 
 
 
 
 
 
OLD BUSINESS
 
  1. 39 Porter Hill Road, Application #1273 submitted by David Christensen for an IW Permit to repair and maintenance of pond –
 
No one present for this application and no new information received.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, January 23, 2017.  Tabled.
 
 
  1. 19 Deerfield Lane, Application #1275 submitted by Vincent and Dorothy Franco for an IW Permit to install a 10’ by 16’ Shed –
     
    Present to speak on behalf of this application was Vincent Franco, applicant and property owner.
     
    Some items noted during discussion were:
  • Commission concerned with previous approval on March 24, 2014, for attached garage.
  • Owner was not supposed to encroach on the wetlands and created a gravel parking area that extends into the wetlands.
  • Use the gravel in the wetlands for the base of the shed.
 
Commission proceeded to deliberate.  It was moved by Sullivan and seconded by Smith to approve Application #1275 submitted by Vincent and Dorothy Franco for an Inland Wetlands Permit to install a 10-foot by 16-foot shed located at 19 Deerfield Lane as presented in the application, testimony and in accordance with the submitted plan, hand drawn by the applicant, submitted October 26, 2016. 
 
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 shed to be installed as staked and on a non-foundation base.
  2. This permit is subject to the area to the south of the existing garage addition being reclaimed in the spring back to the state that was required by the prior Inland Wetlands Permit #1217 for the garage addition to the house.
 
This approval is based on the fact that if the conditions are completed as listed above there should be no further impact to the onsite wetlands and there should be some remediation of the wetlands that were filled in violation of the requirements of the permit that was issued.
Vote 4 to 0.
Voting for:  Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
 
 
 
 
 
 
 
  1. 4 Collins Road, Application #1276 submitted by Bruce and Mary Dapkins for an IW Permit for a residential site development –
     
    Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing applicant.
     
    Some items noted during discussion were:
  • Very tight limited septic area.
  • Move house forward a few feet.
  • Pull level spreader back.
  • Mr. Garcia will revise the plan.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, January 23, 2017.  Tabled.
 
  1. 79 Farm View Road, Application #1277 submitted by Corbo Assoc./Dan & Martha Stutsky for an IW Permit for a residential site development –
     
    The Commission formally received the application.  Present to speak on behalf of this application was Colin Corbo, representing Dan and Martha Stutsky, applicants.  Also present was Dan Stutsky.
     
    Commission members discussed and proceeded to deliberate.
     
    It was moved Sullivan and seconded by Smith to approve Application #1277 submitted by Corbo Assoc./Dan and Martha Stutsky for an Inland Wetlands Permit for a residential site development located at 79 Farm View Road as presented in the application, testimony and in accordance with the following submitted plans prepared by  Wolff Engineering, Woodbury, Connecticut:
  1. “Subsurface Sewage Disposal Plan”, dated November 11, 2016, revised to    December 6, 2016, Sheet 1 of 2.
  2. “Subsurface Sewage Disposal Plan”, dated November 11, 2016, revised to    December 6, 2016, Sheet 2 of 2.
 
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. With the provision that the detail on Sheet 2 of 2 for the stormwater chamber be revised to coincide with the four chamber  now shown on Sheet 1 of 2.
  2. Sediment controls at the toe of the slope shall not be just silt fence but shall also be haybales backing silt fence due to the slope.
  3. All large stones not to be buried on the site but to be removed from the site.
  4. Applicant shall have a signoff from the project engineer that the infiltrator system has been installed according to the plans.
 
This approval is based on the fact that if the house is built in accordance with the plans as required to be revised there should be no adverse impact on the onsite wetlands.
Vote 4 to 0.
Voting for:  Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
 
  1. Discussion regarding Raccio Drive – Proposal from Diversified Technology Consultants – 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 permit – Tabled.
 
  1. Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the
    Southwest Conservation District) – Tabled.
 
  1. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –
Tabled.
 
 
APPROVAL OF MINUTES
 
  1. It was moved by Smith and seconded by Hathaway to approve, as submitted, the minutes of the November 28, 2016, Regular Meeting.
    Voting for:  Breslin, Sullivan, Smith, Hathaway.
    Unanimous approval.
     
  2. It was moved by Smith and seconded by Hathaway to approve, as submitted, the minutes of the December 3, 2016, Special Meeting/Site Visit.
    Voting for:  Breslin, Sullivan, Smith, Hathaway.
    Unanimous approval.
 
 
CORRESPONDENCE
 
  1. Cease and Desist Order from Isabel Kearns, IWEO, to Harold, Thomas and Dina Durley of 74 Munson Road, dated December 7, 2016.
  2. Letter from Nancy McCarthy, Town Clerk, dated November 15, 2016, Re:  2017 Regular Meeting schedule with attached draft 2017 Schedule prepared by IWC Clerk.
    It was moved by Sullivan and seconded by Smith to approve the draft 2017 Regular Meeting Schedule prepared by the IWC Clerk to be submitted to the Town Clerk.
    Voting for:  Breslin, Sullivan, Smith, Hathaway.
    Unanimous approval.
 
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Hathaway
and seconded by Sullivan to adjourn the regular meeting at 8:40 p.m.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
DAY, DECEMBER 12, 2016                                          
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