MINUTES OF THE
BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, SEPTEMBER 23,
2013 Page 1
of 7
The regular meeting of the Inland
Wetlands Commission was called to order at 7:35 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:
Alexandra
Breslin, Chair
Kristine
Sullivan, Vice-Chair
Roger
Hathaway, Member
Brian
Smith, Member
Mig
Halpine, Alternate Member, seated as voting member.
The following members of the
Commission were absent or excused:
Lisa
Gaw, Member
Eric
Verab, Alternate Member
Also present was:
Isabel
Kearns, Inland Wetlands Enforcement Officer
NEW BUSINESS
No new business.
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 continuation on the subject application. Chair Breslin read the notice of the public
hearing continuation.
Member Brian Smith stated that he listened to the recording
of the public hearing from August 26, 2013.
Chair Breslin noted that the Commission has received the
following item relative to the subject application. Exhibit identification was assigned as noted:
- Exhibit 2A – Received
from ARCADIS, dated September 4, 2013, Re:
Public Hearing Information, Former Uniroyal Agricultural Research
and Development Facility, 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.
Also present was Ronald Walters of the South Central
Connecticut Regional Water Authority.
Mr. Dirienzo noted the following:
·
Submitted “Exhibit 2A” which was information requested
by the Commission at the last public hearing and reviewed with the Commission.
·
The Commission has right to inspect project at
any time.
Chair Breslin asked if there were any members of the public
who would like to speak. There were
none.
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 –
Commission
members discussed and proceeded to deliberate.
It was moved by Smith and seconded by Halpine to approve
Application #1200 submitted by Chemtura Corp. for an IW Permit for the
remediation of pesticides within wetlands, via soil excavation and removal
located at 74 Amity Road and 39 Old Mill Road as presented in the application,
testimony and in accordance with the following submitted plans prepared by
ARCADIS, Sandy Hook, Connecticut entitled:
a)
“Aerial Site Plan”, submitted June 19, 2013, Figure 1.
b)
“Proposed Remediation in Outfall and Offsite Swale Area
(Existing Conditions)”, submitted June 19, 2013, Figure 2.
c)
“Proposed Remediation in Outfall and Offsite Swale Area
(Final Grade Post Excavation)”, submitted June 19, 2013, Figure 3.
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:
a)
The limited access road shall be just outside the
wetland flagged areas as shown on the plan (Figure 3).
b)
The stipulation that after the removal of material in
the wetland area, the applicant shall spread a wetland mix to help reestablish
the vegetation.
c)
The site shall be monitored in accordance with the
schedule outlined in Exhibit 2A, dated September 4, 2013, submitted by ARCADIS.
In accordance with Section 10.3 of the Bethany Inland
Wetlands and Watercourses Regulations, the Commission feels the material is present
and that they don’t have a mechanism for tracking the material in the future
especially if the property passes to a different owner and we have the
opportunity now to restore the area to its pre-contamination conditions. The scheduled outlined by the applicant
(Exhibit 2A) in terms of monitoring and any remedial action if necessary in the
future provides the Commission with a guarantee that the impact on the wetlands
will be minimal over time.
Vote:
4 to 1.
Voting in favor: Breslin, Hathaway, Smith, Halpine.
Voting opposed: Sullivan.
Motion passed.
Member
Sullivan stated for the record that she feels the clearing of the wetlands is not
necessary and that she doesn’t believe the record substantiates that the material
would have to be removed at a future time because it was clearly stated what’s
there is below the standards and it has not migrated in 30 years.
2.
286 Bear Hill
Road, Application #1203 submitted by Alfred Maiorano for an After-the-fact
Inland Wetlands Permit to construct a barn on gravel –
Present to speak on behalf of this application was Al and
Kim Maiorano, applicants and owners of record.
Mr. Maiorano reviewed the proposed project noting:
·
That he was not aware that grass clippings were
being disposed of on the slope behind the barn.
·
That he was not aware of the wetlands buffer
when locating the barn.
·
That he feels resistant to placing fencing and
feels he will cause more damage by placing fencing but will do what he has to
do to satisfy the Commission.
In discussion, Commission members noted:
- The applicant needs to
keep activities away from the stream.
- Suggested the applicant
place two pieces of fencing to keep from encroaching on the wetlands.
- Also suggested placing
some boulders or shrubs instead of fencing as a barrier at top of the bank.
- Would like applicant to
place Conservation Area Signs at 50-foot intervals along the wetlands
buffer.
Commission members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve the
After-the-Fact Application #1203 submitted by Alfred Maiorano for an Inland
Wetlands Permit for the installation of a barn on gravel located at 286 Bear
Hill Road as presented in the application and testimony.
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:
a)
The grass clippings and other yard materials, which
were deposited down towards the wetlands adjacent to where the barn is located,
shall be removed.
b)
The area where the clippings and other yard materials
are removed from shall be established with a barrier of stones, boulders,
native shrubs and fence or combination thereof and to be field located with the
Inland Wetlands Enforcement Officer.
c)
Appropriate wetland signage to be installed at 50-foot
intervals along the clearing edge of the southerly side of the yard from the
rear corner of the house to the back of the property and field located with the
Inland Wetlands Enforcement Officer.
d)
The applicant shall submit to the Inland Wetlands
Commission an asbuilt for the barn.
The Commission’s decision is based on the fact that because
this is an After-the-Fact permit the Commission is trying to establish firmly that
the wetlands are protected.
Vote:
5 to 0.
Voting were: Breslin, Sullivan, Hathaway, Smith, Halpine.
Unanimous approval.
3.
788 Amity
Road, Application #1204 submitted by Amity Road, LLC/Anthony Vallillo for an
Inland Wetlands Permit for a 4-Lot Subdivision –
Present to speak on behalf of this application was John Paul
Garcia, P.E./L.S. representing the applicant and Mr. Anthony Vallillo, applicant
and owner of record.
Correspondence received for this application:
1.
Email from Cindy Gaudino of Connecticut Water Company,
dated September 20, 2013, Re: Review
comments on 788 Amity Road.
2.
Letter from Quinnipiack Valley Health District, dated
September 19, 2013, Re: Review comments
for 788 Amity Road, Four-lot Subdivision.
3.
Letter from Diversified Technology Consultants, dated
September 20, 2013, Re: Review comments
for 788 Amity Road, Four-lot Subdivision.
In discussion, Commission members noted:
·
That the Commission would like to have a soil
scientist of their choice review the wetlands and confirm the wetlands
flagging. Applicant will be responsible
for the cost of this review.
·
DTC letter, dated September 20, 2013, states that
the water table is high and that the basin may be below groundwater levels and
that the Engineer should review and modify the design of the basin. (Mr. Garcia will check.)
·
At site visit on September 15, 2013, the Commission
observed an area that was clear cut and erosion controls need to be
placed. (Mr. Garcia stated a new septic
system was installed in that area.)
Further discussion and appropriate action on the application
was deferred until the Commission’s next regular meeting on Monday, October 28,
2013. Tabled.
4.
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 –
Present to speak on behalf of this application was Edwin and
Sharon Cox, applicants and owners of record.
In discussion, Commission members noted:
·
The Commission observed at the site visit on
September 15, 2013, that the posts are located in the upland area well enough
away from the wetlands which are downslope.
·
The Commission feels the application is not necessary.
·
Application fees to be refunded to the applicant.
It was moved by Sullivan and seconded by Halpine that the
Inland Wetlands Commission finds that the installation of the fence posts at 14
Tawney Drive does not require a permit from this Commission due to the fact the
activity is in the upland area that has already been previously disturbed.
Vote:
5 to 0.
Voting were: Breslin, Sullivan, Hathaway, Smith, Halpine.
Unanimous approval.
5.
Discussion on
Standard Conditions for Wetlands Permits – Clerk will scan and email copies to
Commission members. Tabled.
6.
Discussion
regarding Bethany West clearing. (Letter
from Roman Mrozinski/Southwest Conservation District) – Chair Breslin stated she has been out to
visit the site again with Mr. Mayo, who had initially made the complaint, and
that they observed shrubs are trying to grow back. Chair Breslin would like to find old map of
property which shows where the line was located to designate area where no
activities are to be conducted. The
Inland Wetlands Commission will work with the Conservation Commission. Tabled.
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 –
Member Sullivan will draft letter to Mr. Cusano and submit to members for
review. 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 – Commission members meet in Executive
Session on September 23, 2013, at 7:00 p.m.
Tabled.
11. Discussion in regard to amendments to
the Inland Wetlands Regulations per State of CT – Tabled.
APPROVAL OF MINUTES
1. It
was moved by Halpine and seconded by Sullivan to approve, as submitted, the
minutes of the August 24, 2013, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Hathaway, Smith, Halpine.
Unanimous approval.
2. It
was moved by Halpine and seconded by Sullivan to approve, as submitted, the
minutes of the August 26, 2013, Regular Meeting.
Voting were: Breslin, Sullivan, Hathaway, Smith, Halpine.
Unanimous approval.
3. It
was moved by Halpine and seconded by Sullivan to approve, as submitted, the
minutes of the September 15, 2013, Special Meeting/Site Visit.
Voting were: Breslin, Sullivan, Hathaway, Smith, Halpine.
Unanimous approval.
4. It
was moved by Halpine and seconded by Sullivan to approve, as submitted, the
minutes of the September 16, 2013, Special Meeting.
Voting were: Breslin, Sullivan, Hathaway, Smith, Halpine.
Unanimous approval.
BILL
1.
It was moved by Sullivan and seconded by Smith to
approve the payment of a bill for $105.00, dated August 26, 2013, from Anne
Sohon for recording services for the public hearing of August 26, 2013 (74
Amity Road).
Voting were: Breslin, Sullivan, Hathaway, Smith, Hathaway.
Unanimous approval.
2. It
was moved by Sullivan and seconded by Smith to approve the payment of a bill
for $105.00, dated September 23, 2013, from Anne Sohon for recording services
for the public hearing of September 23, 2013 (74 Amity Road).
Voting were: Breslin, Sullivan, Hathaway, Smith, Halpine.
Unanimous approval.
GENERAL
CORRESPONDENCE
1.
Received from ARCADIS, dated September 4, 2013,
Re: Public Hearing Information, Former
Uniroyal Agricultural Research and Development Facility, 74 Amity Road.
2.
Email from Cindy Gaudino of Connecticut Water Company,
dated September 20, 2013, Re: Review
comments on 788 Amity Road.
3.
Letter from Quinnipiack Valley Health District, dated
September 19, 2013, Re: Review comments
for 788 Amity Road, Four-lot Subdivision.
4.
Letter from Diversified Technology Consultants, dated
September 20, 2013, Re: Review comments
for 788 Amity Road, Four-lot Subdivision.
5.
Email from Anne Warner of 228 Falls Road, dated
September 3, 2013, Re: Follow up message
on wetlands permit application for 14 Tawney Drive.
PUBLICATIONS AND
WORKSHOPS
1.
Connecticut DEEP’s Training for Municipal Inland
Wetlands Agencies, Department of Public Health and CT Environmental Health
Association Soils Workshop.
2.
A Newsletter for Municipal Inland Wetlands Agencies, CT
DEEP, Inland Water Resources Division, September 2013.
3.
The Habitat, A newsletter of the CT Association of
Conservation and Inland Wetlands Commissions, Summer 2013.
ENFORCEMENT OFFICER
REPORTS - Tabled.
SCHEDULE SITE VISITS
– No site visits scheduled.
ADJOURNMENT
There being no further business to come before the
Commission, it was moved by Hathaway and seconded by Halpine to adjourn the
regular meeting at 9:20 p.m. Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
