MINUTES OF THE BETHANY
The following members of the Commission were present:
Alexandra Breslin, Chair
Brian Smith, Member
Lisa Gaw, Member
Roger Hathaway, Member
The following member of the Commission was absent or excused:
Kristine Sullivan, Vice-Chair
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
NEW BUSINESS
1. Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) –
The Commission received a letter from Roman Mrozinski, Southwest Conservation District, dated November 19, 2012, Re: Site Visit comments and recommendations for the Bethany West Park, 265 Beacon Road. The Commission members would like some time to review the letter. Tabled.
2. 74 Amity Road (Chemtura), Discussion with Russ Dirienzo of Arcadis-US regarding removal of pesticide impacted soils –
Present for this discussion was Russ Dirienzo, Principal Geologist of Arcadis-US. Mr. Dirienzo submitted a plan entitled, “Proposed Remediation in Outfall and Offsite Swale Area”, submitted May 28, 2013, prepared by Arcadis. Mr. Dirienzo reviewed the proposed project for the removal of contaminated material located at 74 Amity Road. Mr. Dirienzo also submitted four photographs of the subject area. Mr. Dirienzo stated he is working with the Regional Water Authority because the remediation area crosses over into the Regional Water Authority property.
A few of Mr. Dirienzo’s comments are noted as follows:
• Contamination caught up in the soil not the water.
• Area to be removed is 300 yards in the wetlands and 400 yards in the upland area.
• Will do work only when dry.
• Less than an acre to be disturbed.
• Signed an access agreement with the Regional Water Authority.
Mr. Dirienzo will submit an application for the next regular meeting on June 24, 2013.
3. Show Cause Hearing regarding 290 Amity Road, Clement, Cease and Desist the cutting of trees in wetlands or upland review area –
No one was present for the Show Cause Hearing. Isabel Kearns, Inland Wetlands Enforcement Officer stated the Town Attorney has discussed with her the conservation easement issue and will be preparing a response. The Commission received a letter from Isabel Kearns, IWEO, to Mr. Mrs. Alan Clement of 290 Amity Road, dated April 23, 2013, Re: Sample copy of a “Declaration of Conservation Restrictions” for filing on the Land Records.
Tabled.
4. Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –
Present for the Show Cause Hearing was Steve Gombos of 292 Amity Road. Mr. Gombos stated his intention is to farm all of his property and he submitted a trade name certificate that was filed on the Land Records stating that 292 Amity Road is called “Paradise Valley Farm”.
Mr. Gombos wanted to know the name of the anonymous caller that reported the tree cutting.
The Commission discussed the situation with Mr. Gombos and Chair Breslin stated the Commission would like to work with Mr. Gombos to resolve this matter.
Also, Chair Breslin asked Mr. Gombos if the Commission can do a site visit of the property. Mr. Gombos stated he had to speak to his wife and will let the Commission know.
Chair Breslin stated the Commission would like a rough plan of what he is proposing to do and will share this with the Inland Wetlands Enforcement Officer and in a few weeks the Commission will visit the property if allowed.
Tabled.
OLD BUSINESS
1. 251 Amity Road, Application #1196 submitted by Leon Putzig for an IW Permit to construct two decks, install new fencing, replace front steps and construct handicapped ramp –
No one was present to speak on behalf of this application.
Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Gaw to approve Application #1196 submitted by Leon Putzig for an Inland Wetlands Permit to construct two decks, install new fencing, replace the front steps and construct a handicapped ramp located at 251 Amity Road as presented in the application, testimony, and in accordance with the submitted plan entitled, “Town of Bethany, Geographic Information System, 251 Amity Road”, submitted April 2, 2013, with hand drawn markings prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
The reason the Commission approved this application is that if the applicant constructs the project as shown on the approved plan, there will be no adverse impact on the wetlands.
Vote: 4 to 0.
Voting were: Breslin, Smith, Gaw, Hathaway.
Unanimous approval.
2. 48 Old Mill Road, Application #1197 submitted by William VanDoren (RWA) for an IW Permit for timber harvest requiring stream crossings and harvest of trees around periphery of wetlands and along streams –
No one was present to speak on behalf of this application.
Commission members would like the Inland Wetlands Enforcement Officer to contact the applicant, William VanDoren of the Regional Water Authority and Russ Dirienzo of Arcadis to inform them of the work that will be done in the same area and that they should contact each other to coordinate projects.
Commission members proceeded to deliberate. It was moved by Smith and seconded by Hathaway to approve Application #1197 submitted by William VanDoren (Regional Water Authority) for an Inland Wetlands Permit for a timber harvest requiring stream crossings and harvest of trees around periphery of wetlands and along streams located at 48 Old Mill Road and the watershed of Lake Chamberlain, as presented in the application, testimony, and in accordance with the submitted packet entitled, “SCCRWA Application to the Bethany, CT IWWA for Stream & Wetland Crossings for Timber Harvesting at 48 Old Mill Road”, dated April 9, 2013, prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Based on the information submitted by the applicant, there should be no adverse impact on the surrounding wetlands and/or Lake Chamberlain.
Vote: 4 to 0.
Voting were: Breslin, Smith, Gaw, Hathaway.
Unanimous approval.
3. 619 Bethmour Road, Application #1198 submitted by Seth and Susan Harkness for an Inland Wetlands Permit to construct a residential site development –
No one was present to speak on behalf of this application.
Commission member discussed and proceeded to deliberate.
It was moved by Gaw and seconded by Hathaway to approve Application #1198 submitted by Seth and Susan Harkness for an Inland Wetlands Permit for a residential site development located at 619 Bethmour Road as presented in the application, testimony, and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
a) “Proposed Site Plan prepared for Seth Harkness, 619 Bethmour Road”, dated April 16, 2013, revised to May 6, 2013, Drawing No. C-1.
b) “Typical Details prepared for Seth Harkness, 619 Bethmour Road”, dated July 25, 2012, revised to May 6, 2013, Drawing No. C-2.
In addition, this permit is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:
a) Sedimentation and erosion controls to be installed as shown on the plan and inspected by the Inland Wetlands Enforcement Officer.
Based on this condition, there should be minimal or no adverse impact on the onsite or adjoining wetlands.
Vote: 4 to 0.
Voting were: Breslin, Smith, Gaw, Hathaway.
Unanimous approval.
4. Bethridge and Old Mill Road, Application #1199 submitted by the Town of Bethany for and Inland Wetlands Permit for drainage improvements -
No one was present to speak on behalf of this application.
Chair Breslin asked the Inland Wetlands Enforcement Officer to communicate to the Bethany Public Works Director the amount of activity that is planned for this area (Chemtura, RWA).
Also, Chair Breslin praised the Town for communicating with the Commission on this project and thanked them for working with the Commission.
Commission members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Hathaway to approve Application #1199 submitted by the Town of Bethany for an Inland Wetlands Permit for drainage improvements located at Bethridge Road and Old Mill Road as presented in the application, testimony, and in accordance with the submitted plan entitled, “Town of Bethany, CT, Bethridge Road Drainage Repairs, Bethany, CT 06524”, dated April 15, 2013, with no revisions prepared by Mesa Excavation & Paving, Inc., Bethany, Connecticut, and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.
Vote: 4 to 0.
Voting were: Breslin, Smith, Gaw, Hathaway.
Unanimous approval.
5. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –
Chair Breslin stated that she did not draft letter as previously discussed at the April 22, 2013 regular meeting but will. Tabled.
6. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –
The Commission received a Letter from Roman Mrozinski, Southwest Conservation District, dated November 25, 2012, Re: Site Visit comments and recommendations for Cusano Property, 185 Beacon Road. The Commission members would like some time to review the letter. Tabled.
7. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit –
Anthony Court needs to be revisited. Need to check back with Member Sullivan. Tabled.
8. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.
9. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan is working on updating the regulations. Tabled.
APPROVAL OF MINUTES
1. It was moved by Hathaway and seconded by Smith to approve, as submitted, the minutes of the April 22, 2013, Regular Meeting.
Voting were: Breslin, Smith, Hathaway, Gaw.
Unanimous approval.
CORRESPONDENCE
1) Letter from Isabel Kearns, IWEO, to Mr. Mrs. Alan Clement of 290 Amity Road, dated April 23, 2013, Re: Sample copy of a “Declaration of Conservation Restrictions” for filing on the Land Records.
2) Letter from Isabel Kearns, IWEO, to Mr. Mrs. Alan Clement of 290 Amity Road, dated May 20, 2013, Re: Cease and Desist Order for cutting of trees, Show Cause Hearing, May 28, 2013, 292 Amity Road.
3) Letter from Isabel Kearns, IWEO, to Mr. Mrs. Stephen Gombos of 292 Amity Road, dated May 20, 2013, Re: Cease and Desist Order for cutting of trees, Show Cause Hearing, May 28, 2013, 292 Amity Road.
4) Letter from Roman Mrozinski, Southwest Conservation District, dated November 25, 2012, Re: Site Visit comments and recommendations for Cusano Property, 185 Beacon Road.
5) Letter from Roman Mrozinski, Southwest Conservation District, dated November 19, 2012, Re: Site Visit comments and recommendations for the Bethany West Park, 265 Beacon Road.
PUBLICATIONS AND WORKSHOPS
1. Connecticut DEEP’s Training for Municipal Inland Wetlands Agencies.
2. Southwest Conservation District Newsletter, Spring 2013.
ENFORCEMENT OFFICER REPORTS
No report.
SCHEDULE SITE VISITS
Commission members would like to visit the property located at 74 Amity Road. A site visit date of June 10 or June 17, 2013, at 6 p.m. was decided on. The clerk will email Commission members to decide which date would work better for all.
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Gaw and seconded by Hathaway to adjourn the regular meeting at 9:23 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
