The regular meeting of the Inland
Wetlands Commission was called to order at 7:36 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:
Also present were:
Isabel
Kearns, Inland Wetlands Enforcement Officer
Kevin
McSherry, Town Attorney
It was moved by Gaw and seconded by Hathaway to add
Application #1204 and #1205 and also add a discussion with John Chayka of 35
Sargent Drive to the agenda for this evening’s meeting. Unanimous
approval.
NEW BUSINESS
1)
788 Amity Road, Application #1204
submitted by Amity Road, LLC/Anthony Vallillo for an Inland Wetlands Permit for
a 4-Lot Subdivision -
The Commission formally received the application. Present to speak on behalf of this
application was John Paul Garcia, P.E./L.S. representing the applicant.
Mr. Garcia reviewed the proposed project noting:
·
A kennel exists presently and a dog training
facility.
·
The owner would like to develop a few lots for
himself and his family.
·
Reviewed roof drainage, driveway drainage, and the
detention basin.
·
A Site Stormwater Management Plan, dated August
14, 2013, was submitted.
In discussion, Commission members noted:
·
Concerned with increasing the water flow.
·
The plan and drainage calculations will be
forwarded to Diversified Technology Consultants to review before the next
meeting.
·
Commission would like to do site visit.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting on Monday, September
23, 2013. Tabled.
2)
14 Tawney
Drive, Application #1205 submitted by Edwin and Sharon Cox for an
After-the-fact Inland Wetlands Permit for permanent boundary marker (4 fence
posts) on northeastern boundary –
The Commission formally received the application. Present to speak on behalf of this application
was Edwin and Sharon Cox, applicants and owners of record.
The Commission received the following correspondence
pertaining to this application:
1.
Letter from Regional Water Authority, dated August 23,
2013, Re: Comments on review of
application for 14 Tawney Drive, installation of fence posts.
2.
Email from Anne Warner of 228 Falls Road, dated August
26, 2013, Re: Response to IW Application
#1205, 14 Tawney Drive, with attached photograph.
Mr. and Mrs. Cox reviewed the proposed project noting:
·
They placed four fence posts on the eastern
border of their property and the neighbor’s property located at 228 Falls Road.
·
The fence posts are four feet high.
·
The fence posts are 40 feet from the wetlands
and are within the 150-foot wetlands review area.
·
Posts were placed to establish property lines.
Isabel Kearns, IWEO, stated Anne Warner of 228 Falls Road
brought the fence posts to her attention and then Ms. Kearns contacted the
Cox’s and asked them to present this application to the Inland Wetlands
Commission.
In discussion, Commission members noted:
·
The Commission would like to schedule a site
visit.
Anne Warner of 228 Falls Road spoke and stated that the
fence posts are cement footers and go down two to three feet in the ground. Ms. Warner also stated the posts were put up
without any notice to and they are an eye sore and she is trying to sell her
house. Mrs. Warner stated she objects to
them being placed on the property line and would like them removed.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting on Monday, September
23, 2013. Tabled.
3)
Discussion
with John Chayka owner of 35 Sargent Drive, who would like to discuss the
property located at 55 Sargent Drive –
Present for this discussion was John Chayka, owner of 35
Sargent Drive.
Mr. Chayka noted the following:
- He would like to
purchase 55 Sargent Drive which is the abutting property to his current building
at 35 Sargent Drive.
- He would like to pave the
driveway for easier access as a warehouse to expand his business and use
the existing drainage (catch basins) that are not in use at this time.
- Current business is
growing and maxed out the building footprint at present property.
- Will clean up property.
- Will also tie in roof
drains into existing drainage.
The
Commission would like to schedule a site visit and determine if the existing
system will be sufficient for the runoff from the driveway after paving. The Commission is also concerned with the increased
water flow from roof drains and would like to visit the site.
The
Commission scheduled a Special Meeting for Monday, September 16, 2013, at 7:00
p.m. in the Commission Meeting Room and added this item to the agenda.
Tabled.
PUBLIC HEARING
·
74
Amity Road, Application #1200 submitted by Chemtura Corp. for an Inland
Wetlands Permit for the remediation of pesticides within wetlands via soil
excavation and removal -
At 7:49 p.m., Chair Breslin called to order the public
hearing on the subject application. Chair Breslin read the legal notice for
the public hearing.
Chair Breslin stated that she represents the Town of Bethany
on the Regional Water Authority Policy Board and has not discussed the
application with anyone. Lisa Gaw stated she is a current employee of the
Regional Water Authority and has not discussed this application. Roger Hathaway stated that he is a
professional engineer and has worked in the area of environmental
remediation. Mr. Dirienzo stated that
Chemtura and ARCADIS have no problem with these statements.
Chair Breslin noted that the Commission has received the
following items relative to the subject application. Exhibit identification was assigned as noted:
- Exhibit 1A – Letter
from Regional Water Authority, dated August 14, 2013, Re: Comments on review of application for 74
Amity Road, Chemtura remediation.
- Exhibit 1B –
Received from ARCADIS, dated August 9, 2013, Feasible and Prudent
Alternative, Wetland Soil Remediation in Storm Water Swale/Outfall, 74
Amity Road.
Present to speak on behalf of this application was Russ
Dirienzo, Principal Geologist of ARCADIS and also present was Paul Natoli, Senior Environmental
Scientist of ARCADIS both representing the applicant.
Mr. Dirienzo presented the proposed project and some items
noted are as follows:
·
Applicant would like to sell property but site
needs to be cleaned up first from the chemicals used from previous years.
·
The applicant sprayed minimal amount of
chemicals on the property.
·
The study that was conducted shows the level of chemicals are below human
exposure criteria for human protection but they are above ground water
protection criteria.
·
ARCADIS is proposing to dig out the soil two
feet throughout the whole area noted on plan and then the soil will be safely
contained, stored and then removed from the property.
·
ARCADIS is not proposing to backfill the
remediated area and will leave area as a depression but will monitor the area on
a quarterly basis and report back to the Inland Wetlands Commission for one
year. If within a year, the Inland
Wetlands Commission is not pleased with this area, ARCADIS will do whatever has
to be done to the area to comply with the Inland Wetlands Commission including
backfilling.
·
There will be no contamination to any other
properties in the area.
·
Chemtura will not sell site for a residential
use.
·
Problems have been identified and will be
contained with no risk to the public’s health.
·
ARCADIS will be installing three ground water
wells and under State of Connecticut law the wells have to be monitored for two
years and must come up clean (drinking water standards) before it can be closed
out under the Connecticut remediation standards.
In discussion, Commission members noted:
- Carbon
treatment has been placed on discharge of water from sump pump into catch
basins. Chemtura will maintain as
long as building stands.
- Applicant
proposing to remove the top soil in the wetlands. The Commission is concerned what will
grow in the subsoil and any erosion issues. (Mr. Dirienzo will seed with wetlands
seed and let nature take its course.
Mr. Dirienzo is confidant this will vegetate itself.)
- Boulders
will be put back in place.
Also present was Ronald Walters of the South Central
Connecticut Regional Water Authority.
OLD BUSINESS
1.
74 Amity Road
and 39 Old Mill Road, Application #1200 submitted by Chemtura Corp. for an
Inland Wetlands Permit for the remediation of pesticides within wetlands via
soil excavation and removal –
Hearing continued to the next regular meeting on Monday, September 23,
2013, at 7:45 p.m. Tabled.
2.
91 Bethway
Road, Application #1202 submitted by Elizabeth Doering (Sperry View Farm LLC)
for an Inland Wetlands Permit for a riding arena –
Present to speak on behalf of this application was Elizabeth
Doering, applicant and owner of record.
It was noted from the Commission’s site visit on August 24,
2013 that:
- The drain outlet is in the
paddock area, which is below where the arena will be located.
- The applicant will use a
drip line for the roof drainage
Commission members briefly discussed and then proceeded to
deliberate.
It
was moved by Sullivan and seconded by Hathaway to approve Application #1202
submitted by Elizabeth Doering (Sperry View Farm LLC), for an Inland Wetlands
Permit for the construction and associated filling needed to create an indoor
riding arena located at 91 Bethway Road in accordance with the following submitted
plans prepared by Megson & Heagle Civil Engineers & Land Surveyors,
LLC, Glastonbury, Connecticut:
a)
“Boundary & Overall Plan”, dated October 16, 2012,
revised to July 19, 2013.
b)
“Site Plan”, dated October 16, 2012, revised to July
19, 2013.
c)
“Erosion & Sediment Control Notes & Details”,
dated July 19, 2013, with no revisions;
And
as shown at this time there will be only a drip line for the roof drainage and
in the event, the applicant proposes to
modify the drainage, the applicant is advised to come back to the Commission
for their review.
This approval is subject to the standard conditions found on
the Land Records Volume 93, Pages 802
and 803.
The development of this project as shown on the plans should
have minimal or no impact to the wetlands which the project will be developed
on top of.
Vote:
5 to 0.
Voting were: Breslin, Sullivan, Gaw, Hathaway, Halpine.
Unanimous approval.
3.
286 Bear Hill
Road, Application #1203 submitted by Alfred Maiorano for an After-the-fact Inland
Wetlands Permit to construct a barn on gravel –
No one present to speak on behalf of the application.
It was noted from the site visit on August 24, 2013 that :
- Observed grass clippings
and garden lawn clippings getting deposited on the slope directly above the
stream. Applicant needs to be
advised to find an alternate location.
- Would like to have an as
built where the barn is located because the barn is located more on the
slope.
- Install some wetlands
boundary markers due to barns closeness to slope.
- Placed barn in an area
that the Inland Wetlands Commission would not have allowed.
- Propose to applicant to
install some type of fencing along slope.
- Confirm the use of the barn.
Isabel Kearns, IWEO, to communicate the above information to
the applicant.
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting on Monday, September
23, 2013. Tabled.
4.
Discussion on
Standard Conditions for Wetlands Permits – Tabled.
5.
Discussion
regarding Bethany West clearing. (Letter
from Roman Mrozinski/Southwest Conservation District) –
Present for this discussion was Bruce Loomis, Chairman of
the Conservation Commission. The
Commission sent the letter from Roman Mrozinski, dated November 19, 2012, to Mr.
Loomis. Mr. Loomis would like a map of
the affected areas before walking the lake with the Conservation Commission.
It was noted from the site visit on August 24, 2013 that:
- The Commission would like
a vegetated buffer to preserve water quality.
- The Town exceeded the
limits of the boundaries of the vegetation; completely cut down.
- Need to stop the cutting
and let nature come back.
- Beach area looks like it was
expanded as originally approved.
In discussion, members noted:
- Possibly make a fishing
platform for kids to fish.
- Can use some areas as an
educational area for children.
- Maybe a potential for an
Eagle Scout Project.
- Chair Breslin will
communicate to First Selectwoman.
- Conservation Commission
will walk the site.
- Need to work towards a
plan to rehabilitate the area.
- Need to show areas of
concern on a plan and forward to Selectmen.
- The Inland Wetlands
Commission has never issued a Cease and Desist.
Town Attorney McSherry suggested once the Conservation
Commission visits site then the IWC can take that information with theirs and
put together a plan to present at a Selectmen’s Meeting.
The Commission would like Isabel Kearns, IWEO, to inquire
about the two telephone poles by pavilion, two large black corrugated hoses in
the water, and the outlet going into lake over on the lodge side of lake. Tabled.
6.
Continuation
of Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the
cutting of trees in wetlands or upland review area –
Isabel Kearns, IWEO, prepared a draft Release of Cease and
Desist for Mr. Steve Gombos, owner of 292 Amity Road. The Commission accepted Mr. Gombos’
narrative, dated July 23, 2013, for the Planting of Root Vegetable Plantings.
7.
Discussion
with David Puzone, regarding 33 Deerfield Lane, development of property
–
Tabled.
8.
185 Beacon
Road, Discussion with Daniel Cusano regarding non-permitted barn –
Tabled.
9.
Continuation
of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a
regulated area without an Inland Wetlands Permit – Chair Breslin will
contact Diversified Technology Consultants.
Tabled.
10. Update on appeal submitted by James
Woodward for 46 Mesa Drive –
Town Attorney McSherry would like to schedule a special meeting to
discuss this item in executive session.
The Commission scheduled a Special Meeting for Monday, September 16,
2013, at 7:00 p.m. in the Commission Meeting Room.
11. Discussion in regard to amendments to
the Inland Wetlands Regulations per State of CT – Tabled.
1. It
was moved by Gaw and seconded by
Hathaway to approve the minutes of the
July 22, 2013, Regular Meeting with the proposed correction:
·
First page, Members Present – Reads “Mig Halpin”
Correct to read “Mig Halpine”.
Voting were: Breslin, Sullivan, Gaw, Hathaway, Halpine.
Unanimous approval.
BILL
1.
It was moved by Sullivan and seconded by Hathaway to
approve the payment of $75.00 to the Connecticut Association of Conservation
and Inland Wetlands Commission, Inc. for the Membership Renewal for the period
of July 1, 2013, through June 30, 2014, for two commissions (sustaining). Share with the Conservation Commission.
Voting were: Breslin, Sullivan, Gaw, Hathaway, Halpine.
Unanimous approval.
GENERAL
CORRESPONDENCE
1.
Received from ARCADIS, dated August 9, 2013, Feasible
and Prudent Alternative, Wetland Soil Remediation in Storm Water Swale/Outfall,
74 Amity Road.
2.
Letter from Regional Water Authority, dated August 14,
2013, Re: Comments on review of
application for 74 Amity Road, Chemtura remediation.
3.
Letter from Regional Water Authority, dated August 23,
2013, Re: Comments on review of
application for 14 Tawney Drive, installation of fence posts.
4.
Email from Anne Warner of 228 Falls Road, dated August
26, 2013, Re: Response to IW Application
#1205, 14 Tawney Drive, with attached photograph.
5.
Draft letter from Isabel Kearns, IWEO to Mr. and Mrs.
Stephen Gombos of 292 Amity Road, dated August 27, 2013, Re: Release of Cease and Desist Order, 292 Amity
Road.
6.
Letter from Isabel Kearns, IWEO to Mr. and Mrs. Alan
Clement of 290 Amity Road, dated July 26, 2013, Re: Release of Cease and Desist Order, 290 Amity
Road.
7.
Letter from Isabel Kearns, IWEO, to Mr. and Mrs.
Timothy Boynton of 54 Rainbow Road, dated August 13, 2013, Re: Notice of Violation for deposition of gravel
located at 54 Rainbow Road.
PUBLICATIONS AND
WORKSHOPS
1.
A Newsletter for Municipal Inland Wetlands Agencies, CT
DEEP, Inland Water Resources Division, July 2013.
ENFORCEMENT OFFICER
REPORTS - Tabled.
SCHEDULE SITE
VISITS
Commission members scheduled a site visit for Sunday,
September 15, 2013, at 1:00 p.m.
Commission members will meet at the Town Hall parking lot and proceed to
14 Tawney Drive, 788 Amity Road, and 55 Sargent Drive.
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 10:32 p.m. Unanimous
approval.
for the Inland Wetlands Commission
