Tuesday, November 14, 2017



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 23, 2
 
 
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:
         Kristine Sullivan, Chairman
         Brian Smith, Vice-Chairman
         Roger Hathaway, Member
         Nancy Scanlon, Member
         Charles Clark, Alternate Member, seated as voting member
 
The following member of the Commission was excused:
         Rob Huxley, Member
       
 
NEW BUSINESS 
 
No new business.
 
 
PUBLIC HEARING
MESA DRIVE, Application #1293 submitted by James W. Woodward for an IW Permit for a Four-Lot Subdivision –
 
At 8:03 p.m., Chair Sullivan called to order the public hearing on the subject application.  Chair Sullivan read the legal notice prepared for the public hearing.   Roll call was taken.
 
During the course of the public hearing Chair Sullivan noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:
  1. Exhibit 1A –“Certificate of mailing” dated October 2, 2017, listing addresses of the surrounding property owners adjacent to the subject property, who were notified of public hearing.
  2. Exhibit 1B – Copy of letter to Beacon Falls Town Clerk, dated August 1, 2017, Re:  Notice of application within 500 feet of Beacon Falls Town boundary.
  3. Exhibit 1C – Consent to Extension of Time, dated August 28, 2017, for 35 days to act on application.
  4. Exhibit 1D – Application #1293 submitted by James W. Woodward, Jr. for a four lot subdivision.
  5. Exhibit 1E – “Certificate of mailing” dated July 20, 2017, notifying adjacent property owners of subject application.
  6. Exhibit 1F – Engineering Report for Silsby Estates, Mesa Drive, Bethany, Connecticut, dated July 18, 2017, prepared by Nowakowski, O’Bymachow, Kane & Associates.
  7. Exhibit 1G – Soil Report for Woodward Property, dated November 5, 2003, prepared by ConnSoil of Bethlehem, Connecticut.
 
 
 
 
  1. Exhibit 1H – Engineering Report, Clifford Drive Estates, Mesa Drive, Bethany, Connecticut, submitted July 20, 2017, prepared by Nowakowski, O’Bymachow, Kane & Associates.
  2. Exhibit 1”I” – Set of plans prepared by Nowakowski, O’Bymachow, Kane & Associates, Shelton, Connecticut, entitled as follows:
  1. “Record Subdivision Map”, dated July 18, 2017, revised to August 8, 2017.
  2. “Overall Site Plan”, dated July 18, 2017, revised to August 8, 2017.
  3. “Soil and Erosion Control Plan”, dated July 18, 2017, revised to August 8, 2017.
  4. “Soil Test Data Sheet 1”, dated July 18, 2017, revised to August 8, 2017.
  5. “Septic Proposal for Lot 1 Silsby Estates”, July 18, 2017, revised to August 8, 2017.
  6. “Soil Test Data Sheet 2”, dated July 18, 2017, with no revisions.
  1. Exhibit 1J – Report from JMM Wetland Consulting Services, LLC, dated September 25, 2017, Re:  Wetlands Assessment & Impacts Analysis, Silsby Estates, Mesa Drive, Bethany, CT.
  2. Exhibit 1K – Letter from Diversified Technology Consultants, dated October 23, 2017, Re:  Review comments for Mesa Drive, Lot 4, revised plans and drainage.
  3. Exhibit 1L – Submitted by Al Shepard, copy of map of Silsby Estates, Mesa Drive, Bethany, CT, 1990 Aerial Phot.
  4. Exhibit 1M - Letter from Al Shepard of NOK, dated August, 2017, Re:  Comments on IWEO review letter dated August 3, 2017.
 
Members Sullivan, Smith and Scanlon field inspected the property on September 9, 2017.  Members Hathaway and Clark will visit the site with Al Shepard.
 
Present to speak on behalf of this application was Alan Shepard, P.E., of Nowakowski, O’Bymachow & Kane, representing the applicant.   Mr. Shepard noted:
  • Discussed that this was an old gravel pit.   
  • Donated 36 acres to open space, which is behind the subject property, so that hillside is protected.
  • A vernal pool is located on Lot 4.  Proposing a longer driveway to protect vernal pool.
  • Submitted Exhibits L and M and reviewed.
  • Reviewed letter from Diversified Technology Consultants, dated October 23, 2017, and stated he will add outlet pipe as recommended.
     
The Commission did not receive comments to date from Michael Klein of Environmental Planning Services. 
 
In discussion, Commission members noted:
  • Suggested moving driveway over in Lot 4 away from vernal pool
  • Concerned with the material piled on Lot 1.
     
     
     
     
     
     
     
Chair Sullivan asked if anyone from the public would like to speak for the application or against the application.  The following public individuals spoke:
  • Sylvie Roy Davis of 41 Mesa Drive – Mentioned people parking in front of her house and sometimes in front of her driveway for the hiking trails.  Chair Sullivan suggested contacting resident trooper or speaking to Planning and Zoning Commission.
  • Mark Cullen of 69 Tawney Drive – Concerned with extending this subdivision into Beacon Falls.  Concerned with gravel operation, poor terrain with large lots and this will remain as a staging area for gravel operation which he has been putting up with for 37 years.  Chair Sullivan stated sand and gravel comments would come before the Planning and Zoning Commission and that the Inland Wetlands Commission job is to protect the wetlands.
 
At 8:40 p.m., the public hearing was recessed and continued to the next regular meeting on Monday, November 27, 2017, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.   Tabled.
 
OLD BUSINESS
 
  1. 11 Carmel Road, Application #1296 submitted by Brian Smith for an Inland Wetlands Permit to construct a 12-foot by 12-foot addition –
 
The Commission received a letter, dated September 27, 2017, from Brian Smith, applicant and owner of record, withdrawing the application.
 
  1. 16 Falls Road, Application #1296 submitted by James Mank for an Inland Wetlands Permit to construct a 40-foot by 50-foot barn –
 
Present for this application was John Paul Garcia, P.E./L.S. representing the applicant.  Also present was James Mank, applicant and owner of record.
 
Mr. Garcia submitted a revised plan dated October 20, 2017, and stated will be moving barn over 100 feet.
 
Commission members stated they visited the site.  The Commission discussed and proceeded to deliberate.  It was moved by Smith and seconded by Hathaway to approve Application #1296 submitted by James Mank for an Inland Wetlands Permit to construct a 40-foot by 50-foot barn located at 16 Falls Road as presented in the application, testimony and in accordance with the following submitted plan prepared by John Paul Garcia, P.E./L.S., Bethany, Connecticut:
  1. “Proposed Site Plan” dated September 18, 2017, revised to October 20, 2017, Drawing No. C-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:
  1. The two existing structures (2-car frame garage and frame barn) shall be removed and the concrete pad behind these structures shall be removed and restored to a grassy area.
 
 
 
  1. Also behind the two existing structures to be removed, the applicant shall remove all debris and all old vehicles located in this area.
 
This approval is based on the conditions listed and that the applicant follows the plan and conditions as shown, there should be minimal or no adverse impact to the wetlands. 
Vote 5 to 0.
Voting for:  Sullivan, Smith, Scanlon, Hathaway, Clark.
Unanimous approval.
 
 
  1. 10 Northrup Road, Application #1297 submitted by Smitish Patel for an Inland Wetlands Permit to Restore Buffer/Upland Review Area –
 
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
 
Mr. Garcia stated this application was submitted to lift the Cease and Desist Order modified to December 26, 2014, and would like to file the mylar.
 
Commission members discussed and proceeded to deliberate. 
 
It was moved by Smith and seconded by Scanlon to approve Application #1297 submitted by Smitish Patel for an Inland Wetlands Permit to restore the buffer/upland review area located at 10 Northrup Road as presented in the application, testimony and in accordance with the following submitted plan prepared by John Paul Garcia, P.E./L.S., Bethany, Connecticut:
  1. “Remediation Plan” dated November 5, 2015, revised to March 2, 2017, Drawing No. R-1.
  2. “Remediation Plan” dated August 18, 2016, with no revisions, Drawing No. R-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. Nine Wetlands Conservation Area signs shall be placed at 50 foot intervals along the concrete wall.
  2. Based on the history of the violation that preceded this application, the Inland Wetlands Enforcement Officer shall conduct a yearly inspection of the property.  The first year twice and after that once a year with pre-notice to the property owner.
 
This approval is based on the fact that if the plan and conditions listed are followed, the wetlands will be more protected than in the past. 
Vote 5 to 0.
Voting for:  Sullivan, Smith, Scanlon, Hathaway, Clark.
Unanimous approval.
 
It was the consensus of the Commission to not release the Cease and Desist Order modified to December 26, 2014, until the Conservation Area Signs are placed.
 
 
 
 
 
It was moved by Sullivan and seconded by Scanlon to collect from Smitish Patel for Application #1297 a base fee and state fee and any additional cost incurred for expert review in the course of the process of the Cease and Desist in place.
Vote 5 to 0.
Voting for:  Sullivan, Smith, Scanlon, Hathaway, Clark.
Unanimous approval.
 
 
  1. Mesa Drive, Application #1293 submitted by James W. Woodward for an IW Permit for a 4-Lot Subdivision –  Public hearing continued to the next regular meeting on Monday, November 27, 2017.   Tabled.
 
 
  1. 667 Amity Road, Application #1294, submitted by 667 Amity Road, LLC for a Stormwater Management Plan –
 
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S.   Mr. Garcia briefly updated Commission on site, reviewed letter from Diversified Technology Consultants dated October 23, 2017, and stated due to heavy rain forecast; he will visit site tomorrow and inspect erosion controls.
 
Commission members reviewed and discussed the letter from Diversified Technology Consultants, dated October 23, 2017, then proceeded to deliberate.
 
Chair Sullivan asked the IWEO to go out and check specific locations for erosion controls at the subject site in the morning due to the heavy rain forecast.
 
Commission members proceeded to deliberate.  It was moved by Sullivan and seconded by Smith to deny, without prejudice, Application #1294 submitted by 667 Amity Road LLC for an IW Permit for Stormwater Management Plan subject to the applicant submitting an extension of time to the next regular meeting on November 27, 2017, so that the project engineer can answer review comments in the Diversified Technology Consultants letter dated October 23, 2017.  The Project Engineer needs to answer the review comments and the Commission needs to receive from Diversified Technology Consultants correspondence that the questions have been answered to satisfaction.
Vote 5 to 0.
Voting for:  Sullivan, Smith, Scanlon, Hathaway, Clark.
Unanimous approval.
 
Also, the Commission had concerns re:  “What size storm is this being designed for and is it adequate to address the current storm cycle?”  The clerk will contact Diversified Technology Consultants to contact Member Hathaway regarding this question and forward to the Project Engineer to address.  Tabled.
 
 
 
 
 
 
 
 
 
  1. 667 Amity Road, Continuation of Show Cause Hearing pertaining to Cease and Desist Order, dated August 7, 2017, issued to Matthew Micros –  Tabled.
 
 
  1. Discussion regarding Lake at Veteran’s Memorial Park – Locations for placement of benches – Some Commission members walked the site and found a few places to allow benches.  Chair Sullivan will mark up a map and note locations for benches and attend a Board of Selectmen meeting.  Tabled.
     
 
APPROVAL OF MINUTES
 
  1. It was moved by Smith and seconded by Clark to approve, as submitted, the minutes of the September 25, 2017, Regular Meeting.
    Abstaining:  Hathaway.
    Voting for:  Sullivan, Smith, Scanlon, Clark.
    Unanimous approval.
 
 
BILL
  1. It was moved by Scanlon and seconded by Hathaway to approve the payment of an invoice for $125.00, dated October 23, 2017, from Anne Sohon for recording services for the public hearing (Mesa Drive, Woodward).
    Voting for:  Sullivan, Smith, Scanlon, Hathaway, Clark.
    Unanimous approval.
     
CORRESPONDENCE
 
  1. Letter from Diversified Technology Consultants, dated October 23, 2017, Re:  Mesa Drive, Review comments on revised plans and drainage.
  2. Letter from Diversified Technology Consultants, dated October 23, 2017, Re:  667 Amity Road, Review comments on stormwater management plan.
  3. Letter from Brian Smith of 11 Carmel Road, dated September 27, 2017, Re:  Withdrawing Application #1295 for 11 Carmel Road and requesting refund of application fees.
  4. Letter from South Central Connecticut Regional Water Authority, dated October 10, 2017, Re:  Comments on Application #1296 for 16 Falls Road, barn construction.
  5. Letter from John Paul Garcia, P.E./L.S., dated September 26, 2017, Re:  10 Northrup Road, Waiver of fees for Application #1297 and filing of map.
  6. Letter from Isabel Kearns, IWEO, to Robert Knudsen owner of 629 Bethmour Road, dated September 26, 2017, Re:  629 Bethmour Road, submit sketch showing trees removed and narrative of what plans are for affected area.
 
 
 
 
 
 
 
  1. Letter and packet from Robert Knudsen owner of 629 Bethmour Road, dated October 11, 2017, Re:  Stop Work Order dated June 20, 2017, for 629 Bethmour Road.
Mr. Knudsen was present.  Commission members reviewed the packet Mr. Knudsen submitted and proceeded to deliberate.  It was moved by Sullivan and seconded by Smith that based on the submission of the packet by Robert Knudsen owner of record, dated October 11, 2017, in accordance with Section 4.4 of the Inland Wetlands Regulations, the Inland Wetlands Commission makes a ruling that the cutting of trees and subsequent to the stumping of the trees, as shown in the packet, this is an as-of-right activity and no further action of the activity is needed by the Inland Wetlands Commission.  Also, the Inland Wetlands Commission is directing the Inland Wetlands Enforcement Officer to lift the Stop Work Order issued on June 20, 2017.
Vote 5 to 0.
Voting for:  Sullivan, Smith, Scanlon, Hathaway, Clark.
Unanimous approval.
 
  1. Email from Derrylyn Gorski, dated October 3, 2017, Re:  CT’s Draft Water Plan Needs Your Input.
 
PUBLICATIONS
  1. The Habitat, Summer 2017.
  2. Interstate Waters, September 2017.
     
 
OTHER BUSINESS
 
90 Pole Hill Road (Community Garden) – The Commission discussed the need for a gate so that residents will not be able to drive their cars down to the pond.  Chair Sullivan will draft a letter to the First Selectman.
 
 
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 9:18 p.m.
Voting for:  Sullivan, Smith, Scanlon, Hathaway, Clark.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
For Inland Wetlands Commission
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