Friday, December 8, 2017



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY,
 
The regular meeting of the Inland Wetlands Commission was called to order at 7:34 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
         Nancy Scanlon, Member
         Charles Clark, Alternate Member, seated as voting member
 
The following members of the Commission were excused:
        Roger Hathaway, Member
        Rob Huxley, Member
 
 
NEW BUSINESS 
 
  1. 88 Cheshire Road, Application #1298 submitted by Robert Rohloff for an Inland Wetlands Permit to replace pipe under driveway with same size pipe and fill along driveway
. 
The Commission formally received the application.  Present to speak on behalf of this application was Robert Rohloff, applicant and owner of record.
 
During discussion, Mr. Rohloff noted:
  • Pipe is deteriorating and rusting.
  • Would like to repave driveway and would like to replace pipe first.
  • Want to change from metal pipe to a material that will last longer.
  • Will not do proposed activity until August, 2018 when stream dries up.
 
The Commission would like to visit the property and will schedule site visit at end of meeting.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, December 18, 2017.  Tabled.
 
 
PUBLIC HEARING
MESA DRIVE, Application #1293 submitted by James W. Woodward for an IW Permit for a Four-Lot Subdivision
 
At 8:00 p.m., Chair Sullivan called to order the continuation of the public hearing on the subject application.  Chair Sullivan read the notice prepared for the public hearing continuation.   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 2A – Letter from Michael Klein of Davison Environmental, dated     November 21, 2017, Re:  Review comments on Application 1293, Lots 1-4 Silsby Estates.
  2. Exhibit 2B – Memo from Michael Klein of Davison Environmental, dated    November 21, 2017 draft, Re:  Comments to identify specificity some of the technical concerns, Silsby Estates, Mesa Drive.
 
Chair Sullivan stated for the record that all members have now visited the site.
 
Present to speak on behalf of this application was Alan Shepard, P.E., of Nowakowski, O’Bymachow & Kane, representing the applicant, James W. Woodward, who was also present.  In discussion, Mr. Shepard noted:
  • Regarding the loam piles, willing to remove some of the loam piles and restore land.
  • Regarding Mr. Klein report dated November 21, 2017, would like to handle issues when there is a buyer for the property.
  • Regarding vernal pool on Lot 4, can merge Lot 4 with Lot 1 and have a 3-lot subdivision.
     
In discussion, Commission members noted:
  • Applicant can withdraw application and provide additional information as mentioned in Mr. Klein letter dated November 21, 2017.
  • Concerned with vernal pool on Lot 4 and impacts to the vernal pool with the proposed development.
  • Need narrative on how each individual lot will be addressed.
     
Chair Sullivan asked if anyone from the public would like to speak for the application or against the application.  The following public individuals spoke:
  • Todd Green of 64 Mesa Drive – Concerned with the road access to the Beacon Falls property, with blasting associated with the development, and beaver problem in area.
  • Connie LaFemina of 50 Mesa Drive – Spoke about beaver issue.
  • Bob Harrison of 53 Falls Road – Member of Land Trust and issue with beaver’s cutting trees near trails.
 
Mr. Woodward submitted consent to extension of time of 30 days to continue the public hearing.  Mr. Shepard will talk to Mr. Woodward and make a decision if will withdraw application or not.  Mr. Shepard will inform Inland Wetland Staff on decision.
 
At 8:55 p.m., the public hearing was recessed and continued to the next regular meeting on Monday, December 18, 2017, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.   Tabled.
 
 
 
 
 
 
OLD BUSINESS
 
  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, December 18, 2017.   Tabled.
 
 
  1. 667 Amity Road, Application #1294, submitted by 667 Amity Road, LLC for a Stormwater Management Plan
 
No one was present to speak on behalf of this application and no new information has been submitted to Commission.
 
Commission members proceeded to deliberate.  It was moved by Sullivan and seconded by Clark 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 December 18, 2017, so that the project engineer can answer review comments in the Diversified Technology Consultants letter dated October 23, 2017.
Vote 5 to 0.
Voting for:  Sullivan, Smith, Scanlon,  Clark.
Unanimous approval.
 
 
  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 benchesTabled.
     
 
APPROVAL OF MINUTES
 
  1. It was moved by Clark and seconded by Scanlon to approve, as submitted, the minutes of the October 23, 2017, Regular Meeting.
    Voting for:  Sullivan, Smith, Scanlon, Clark.
    Unanimous approval.
 
 
BILL
  1. It was moved by Scanlon and seconded by Smith to approve the payment of an invoice for $1,347.50, dated October 24, 2017, from Diversified Technology Consultants for Professional Services from September 3, 2017 to September 30, 2017 for properties located at 667-687 Amity Road and Mesa Drive – Lot 4.
    Voting for:  Sullivan, Smith, Scanlon, Clark.
    Unanimous approval.
     
     
  2. It was moved by Scanlon and seconded by Smith to approve the payment of an invoice for $125.00, dated November 27, 2017, from Donna Cahill for recording services for the public hearing (Mesa Drive, Woodward).
    Voting for:  Sullivan, Smith, Scanlon, Clark.
    Unanimous approval.
     
CORRESPONDENCE
 
  1. Letter from Michael Klein of Davison Environmental, dated November 21, 2017, Re:  Comments on review of Application #1293 – Lots 1-4 Silsby Estates, Mesa Drive.
  2. Email from John Paul Garcia, P.E./L.S., dated October 25, 2017, Re:  Grant 30-day extension to act on application for 667 Amity Road.
  3. Email from John Paul Garcia, P.E./L.S., dated October 26, 2017, Re:  CFC Park,         667 Amity Road, Field Report, dated October 25, 2017.
  4. Letter from South Central Connecticut Regional Water Authority, dated October 25, 2017, Re:  10 Northrup Road, removal of invasive species adjacent to pond and removal of illicitly constructed stone water feature and pump.
  5. Letter from Isabel Kearns, IWEO, to Robert Knudsen, dated October 27, 2017, Re:      629 Bethmour Road, release the Stop Work Order dated August 9, 2017.
  6. Letter from Robert Knudsen, owner of 629 Bethmour Road, dated October 31, 2017, Re:  629 Bethmour Road, lifting stop work order.
  7. Letter from Isabel Kearns, IWEO, to Luiza Dasilva of 50 Hunters Trail, dated        October 30, 2017, Re:  Notice of Violation, Airport Property Conservation Area.
  8. Letter from Isabel Kearns, IWEO, to John Ciola of 29 Pine Brook Crossing, dated October 27, 2017, Re:  Notice of Violation, 29 Pine Brook Crossing, driveway eroding.
  9. Letter from Isabel Kearns, IWEO, to Durley Family of 74 Munson Road, Re:  Silt fence down in some areas, Notice of Violation.
     
 
PUBLICATIONS
  1. CFL News, Summer/Fall 2017.
  2. The Habitat, Fall 2017.
  3. Connecticut Wildlife, September/October 2017.
     
 
OTHER BUSINESS
 
Isabel Kearns, IWEO, reviewed the following violation letters:
  • 50 Hunters Trail – Woodchips placed on path on Airport Property.  Commission to do site inspection.
  • 29 Pine Brook Crossing – Driveway eroding.  Public Works Director requested letter be written due to runoff from driveway into road.  Commission to do site inspection.
  • 74 Munson Road – Silt fence up but not stable around pond where atv riding occurred.  Commission to do site inspection.
     
     
 
 
 
 
 
SCHEDULE SITE VISIT
 
The Commission scheduled a site visit for Saturday, December 2, 2017.  Members to meet at the Town Hall parking lot at 8:30 a.m.  Sites to be visited are as follows:
 
Sites to be inspected:
  • 88 Cheshire Road, Application #1298 submitted by Robert Rohloff for an IW Permit to replace pipe under driveway.
  • 74 Munson Road, pertaining to Notice of Violation, silt fence not stable.
  • 50 Hunters Trail, pertaining to Notice of Violation for dumping of wood chips on Airport Property Conservation Area.
  • 29 Pine Brook Crossing, pertaining to Notice of Violation, driveway eroding.
 
 
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 9:05 p.m.
Voting for:  Sullivan, Smith, Scanlon, Clark.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
For Inland Wetlands Commission
 
NOVEMBER 27, 2017
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