The regular meeting of the Inland
Wetlands Commission was called to order at 7:35 p.m. in the Commission Meeting
Room at the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following members of the Commission
were present:
Alexandra Breslin, Chair
Kristine Sullivan, Vice-Chair
Brian Smith, Member
The following member of the
Commission was absent:
Lisa Gaw, Member
Roger Hathaway, Member
Nancy Scanlon, Alternate Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
PUBLIC
HEARING
·
90 Pole Hill
Road, Application #1230 submitted by Bethany Community Garden Committee to
locate Community Garden, removal of selective trees, and use of pond for
irrigation purposes –
At
8:14 p.m., Chair Breslin called to order the public hearing continuation on the
subject application. Chair Breslin read
the notice prepared for the public hearing continuation.
During
the course of the public hearing Chair Breslin noted that the Commission has
received the following items relative to the subject application. Exhibit identification was assigned as noted:
A.
Exhibit 2A – Email from
Maureen Baldino of 504 Carrington Road, dated January 20, 2015, Re: Support for Bethany Community Garden.
B.
Exhibit 2B - Letter from
Bruce Loomis, Sabrina Drive, dated February 4, 2015, Re: Joint letter regarding proposed Community
Garden on Pole Hill Road.
C.
Exhibit 2C -Email from
Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re: Community Garden.
D.
Exhibit 2D - Email from
Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re: Community Garden.
E.
Exhibit 2E – Submitted by Mary Ellen Unger, copy
of Bethany Community Garden Rules.
F.
Exhibit 2F – Copy of speech given by James Seaton
of 485 Bethmour Road.
Commission
member’s field inspected the property on November 16, 2014, and looked at proximity
to wetlands, woodlands surrounding the site, and observed the quality of soils.
Present to speak on behalf of the application was
Mary Ellen Unger of 82 Russell Road and Chairman of the Bethany Community
Garden Committee. Ms. Unger presented an
overview of her credentials and that of the members of the Bethany Community
Garden Committee. Ms. Unger then continued with a review
of the packet submitted October 27, 2014 (Exhibit 1B).
Ms. Unger feels the bylaws were designed to protect
the wetlands and does not feel the amount of water that will be taken from the
pond will impact the wetlands.
Chair
Brinton asked if anyone from the public would like to speak for the application
or against the application. The
following public individuals spoke:
·
James
Seaton of 485 Bethmour Road.
·
Rob
White of 579 Bethmour Road.
In
discussion, Commission members noted:
·
This
hearing is being conducted due to a petition submitted.
·
It
is only when the Commission determines on its own that a public hearing is
required that there is a feasible and prudent alternative.
·
Mr.
Seaton would like to submit an item for the hearing record.
·
King’s
Mark Report (Exhibit 1G in record) has a soils map on Page 10 and it is showing
that the entire portion of the parcel that abuts Pole Hill Road is upland soil.
·
Bylaws
included in packet submitted. (Exhibit 1B)
At
9:00 p.m., Chair Breslin closed the oral part of the public hearing and will
keep the public hearing record open solely to receive a written document from
James Seaton of 485 Bethmour Road. Tabled.
·
Proposed
revisions of the “Town of Bethany Inland Wetlands and Watercourses Regulations”
–
At
8:04 p.m., Chair Breslin called to order the public hearing on the subject
application. Chair Breslin read the legal
notice prepared for the public hearing.
The
Commission stated the Regulations proposed are due to the State statutes that
change every year and the Town must comply with them.
During
the course of the public hearing Chair Breslin noted that the Commission has
received the following items relative to the subject application. Exhibit identification was assigned as noted:
1.
Exhibit 1A - Letter
from Department of Energy & Environmental Protection, dated December 19,
2014, Re: Proposed Amendments to Inland
Wetlands And Watercourses Regulations with attached material.
No
transmission letter to the Bethany Town Clerk.
At
8:13 p.m., Chair Breslin closed the public hearing and the clerk will re-notice
the public hearing for the regular meeting of April 27, 2015, so that the Town
Clerk is noticed.
NEW
BUSINESS
1. 185 DOWNS
ROAD, Timber Harvest, Jurisdictional Ruling
–
Present for this discussion was Nick Zito,
representative from the SCC Regional Water Authority, Forestry Department.
Chair Breslin mentioned that she represents the Town
of Bethany on the Representative Policy Board of the SCC Regional Water
Authority Board.
Mr. Zito submitted a Notification of Timber Harvest,
dated January 5, 2015, which included maps.
Commission members reviewed.
Mr. Zito noted the following:
·
Timber harvest has been put out
to bid and awarded.
·
Access road just north of power
lines.
·
Six intermittent wetland
crossings.
·
Gas line crossing.
·
All crossing flagged out.
In discussion, Commission members noted:
·
The only jurisdiction the
Commission has is the crossings. Any
details for the crossings.
·
Concerned with timing of the
logging which will be critical.
·
Would like to investigate
previous records for timber harvests in Bethany and whether applications were
filed.
·
Commission would like to consider
site walk.
Tabled.
2. 12 PLEASANT
DRIVE, Application #1233 submitted by SFM Storage, LLC – Jason Cogle for the
construction of truck storage building –
The Commission formally received the
application. Present to speak on behalf
of this application was Jason Cogle, applicant.
Mr.
Cogle noted the following:
- Delivers
indoor plants.
- Need place
to park the trucks.
- Would use
half of building and rent out the other half of building.
- No truck
maintenance.
- High water
table on property. Submitted
drainage calculations.
In
discussion, Commission members noted:
- High water table on property.
- Refer plans and drainage calculations to
consulting engineer for review.
- IWEO to review previous record of property as
to what was approved.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting adjourned to Monday, March 23, 2015. Tabled.
3. Discussion
with Anthony Vallillo regarding 788 Amity Road, Inland Wetlands Permit #1204
Special Condition D –
Present for this discussion was Anthony Vallillo,
property owner. Mr. Vallillo stated he
was asking for a waiver of Condition D of Permit #1204 approved November 25, 2013,
which reads “The Project Engineer shall provide a bond estimate for the site
development, storm drainage and ponds.
Said bond shall be reviewed and approved by the Town Engineer.
Commission members discussed and stated this would
not be in effect until work commences.
No action taken.
OLD BUSINESS
1. 90 Pole Hill
Road, Application #1230 submitted by Community Garden Committee for an IW
Permit for location of Community Garden, removal of selective trees, use of
pond for irrigation of garden – Public
hearing closed.
2. Proposed
revisions of the “Town of Bethany Inland Wetlands and Watercourses Regulations”
– Public hearing closed.
3. 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
until March 2015.
4. 154 Sperry
Road, Discussion with applicant regarding pond on property – No
one present. IWEO stated the applicant
would like to be removed from agenda re: pond is sinking in and will get plans
and come back.
5. Discussion
regarding Frog Watch U.S.A. by the Association of Zoos and Aquariums
– Tabled.
6. Revisit site
in November the continue discussion regarding road and overland run-off
across 37
Hilltop Road (DeCesare) down to Route 69 - Commission will revisit site. No date scheduled. Tabled.
7. Discussion regarding Bethany West
clearing. (Letter from Roman Mrozinski
of the
Southwest Conservation District) – Tabled.
8. 185 Beacon
Road, Discussion with Daniel Cusano regarding non-permitted barn
–
Tabled.
APPROVAL
OF MINUTES
1. It
was moved by Smith and seconded by Sullivan to approve, as submitted, the
minutes of the Monday, December 22, 2015, Special Meeting/Work Session.
Voting
were: Breslin, Sullivan, Smith.
Unanimous
approval.
2. It
was moved by Smith and seconded by Sullivan to approve, as submitted, the
minutes of the Monday, December 22, 2015, Regular Meeting.
Voting
were: Breslin, Sullivan, Smith.
Unanimous
approval.
CORRESPONDENCE
1) Email
from Maureen Baldino of 504 Carrington Road, dated January 20, 2015, Re: Support for Bethany Community Garden.
2) Letter
from Bruce Loomis, Sabrina Drive, dated February 4, 2015, Re: Joint letter regarding proposed Community
Garden on Pole Hill Road.
3) Email
from Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re: Community Garden.
4) Email
from James Hsiang of 204 Falls Road, dated February 10, 2015, Re: Community Garden.
5) Letter
from Department of Energy & Environmental Protection, dated December 19,
2014, Re: Proposed Amendments to Inland
Wetlands And Watercourses Regulations with attached material.
6) Notification
of Timber Harvest, dated January 5, 2015, located at 185 Downs Road.
7) Memo
from Isabel Kearns, IWEO, dated January 22, 2015, Re: Comments on review of plans for site
development located at 12 Pleasant Drive.
8) Letter
from Ron Walters, RWA, dated January 30, 2015, Re: Comments on review of Application #1233, 12
Pleasant Drive, truck storage building.
9) Request for
preliminary discussion regarding pond.
10) Letter
from Isabel Kearns, IWEO, to Bitina Patel of 10 Northrop Road, dated December
26, 2014, Re: Modified Cease and Desist
Order for 10 Northrop Road.
11) Email
from Beth Evans, Evans Associates Environmental Consulting, Inc., dated
February 6, 2015, Re: 10 Northrup Road,
Patel Property.
12) Letter
from Bruce Loomis, Chairman of the Conservation Commission, dated January 26,
2015, Re: Frog Watch USA.
13) Letter
from Isabel Kearns, IWEO, to Linda Decesare of 37 Hilltop Road, dated January
20, 2015, Re: Notice of Violation,
outbuilding without necessary permits.
14) Letter
from NHB & Associates LLC, dated January 15, 2015, Re: 53 Atwater Road, classify land as farm land.
15) Letter
from Isabel Kearns, IWEO, to Mr. & Mrs. Charles Gamsu of 27 Pine Brook
Crossing, dated February 6, 2015,
Re: Revised Cease and Desist Order for
27 Pine Brook Crossing.
PUBLICATIONS
AND WORKSHOPS
1) Connecticut
Land Use Law Seminar, Saturday, March 21, 2015, Wesleyan University.
2) Connecticut
Wildlife, November/December 2014.
3) Email
from Larry Marsicano, Candlewood Lake Authority, dated February 10, 2015,
Re: Connecticut Federation of Lakes
Annual Meeting on April 15, 2015.
4) The
Habitat, A newsletter of the Connecticut Association of Conservation &
Inland Wetlands Commissions, Winter 2015.
ENFORCEMENT
OFFICER REPORTS – Tabled.
SCHEDULE SITE
VISITS – None
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by Sullivan and seconded by Smith to adjourn the
regular meeting at 9:10 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands
Commission
