MINUTES OF THE BETHANY
The regular meeting of the Inland
Wetlands Commission was called to order at 7:30 p.m. in the Gymnasium 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
Lisa Gaw, Member
Brian Smith, Member
Roger Hathaway, Member
The following member of the
Commission was absent:
Mig Halpine, Alternate Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
NEW
BUSINESS
1.
91 Bethway
Road
The Commission formally received the
application. Present to speak on behalf
of this application was Elizabeth Doering, applicant and owner of record.
Ms.
Doering noted the following:
- Proposed room will be 14-feet by 30-feet.
- There will be no plumbing.
- There is no grading associated with this
project.
In
discussion, Commission members noted:
- The proposed room will be at the end of the
building that is closest to the existing structures and parallel to Bethway
Road, further away from the onsite wetlands.
- Do not need to visit the site.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, February 24, 2014. Tabled.
2.
Old
Mill Road
It was moved by Sullivan and seconded by Smith to add
to this evening’s agenda the receipt and appropriate action regarding
Application #1214 submitted by the Town of Bethany for Schaffer Road (east to
west portion) and Town of Bethany Application #1215 for Lebanon Road (between 8
and 22 Lebanon Road.
Unanimous
approval.
3.
Schaffer
Road (east to west portion), Application #1214 submitted by the Town of Bethany
for an Inland Wetlands Permit to widen and reclaim road and replace or repair
existing drainage –
The Commission formally received
the application. Present to speak on
behalf of this application was Paul Crotta of Mesa Construction representing
Alan Green, Director of Public Works.
Mr. Crotta noted the following:
- Will be
repairing and replacing the drainage that exists and widening the road.
- Existing
pipes are rotted out.
- The rip rap
plunge pool does exist and needs to be repaired.
- Don’t
believe any curbing is planned.
In
discussion, Commission members noted:
- The piping
that is going in will not be in exact location as current piping because
the road will be widened.
- Commission
would like to conduct a site visit.
- Will not be
doing work right now.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, February 24, 2014. Tabled.
4.
Lebanon
Road (between 8 and 22 Lebanon Road), Application #1215 submitted by the Town
of Bethany for an Inland Wetlands Permit to extend shoulders on road and
filling of side slopes with bank-run gravel then cover with 12” and 18” of wood
chips for erosion controls and to allow natural vegetation to regrow
-
The Commission formally received
the application. Present to speak on
behalf of this application was Paul Crotta of Mesa Construction representing
Alan Green, Director of Public Works.
Mr. Crotta noted the
following:
- Losing the road and guardrails.
- Will be building out the shoulder and tying
into the existing slope.
- Replacing existing guardrail with new
guardrail.
In
discussion, Commission members noted:
- Commission would like to conduct a site visit.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, February 24, 2014. Tabled.
OLD BUSINESS
1.
77
Oak Ridge Road, Application #1212 submitted by Alan Towbin for an Inland
Wetlands Permit to locate a 8’ by 8’ shed –
No one was
present to speak on behalf of this application.
Isabel Kearns,
IWEO, stated there will be no roof drainage just sheet flow.
Commission
members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Smith to approve Application
#1212 submitted by Alan Towbin for an Inland Wetlands Permit for the placement
of an 8-foot by 8-foot shed located at 77 Oak Ridge Road in accordance with the
submitted plan dated December 9, 2013, with hand-drawn markings prepared by the
applicant and with the following conditions including the standard
conditions found on the Land Records Volume 93, Page 802 and 803:
a)
Before
the start of construction, the Inland Wetlands Enforcement Officer to confirm
the location of the shed and any sedimentation and erosion controls that might
be necessary.
The Commission’s decision is
based on the fact that there should be minimal or no impact to the onsite and
adjacent wetlands and stream.
Vote: 5 to 0.
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
2.
4 and 21 Meyers
Road, Application #1209 submitted by Green Haven Inc. for a Site Plan and
Stormwater Management Plan Review for multi-unit residential community and farm – Public
hearing opens January 27, 2014.
3. Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski of the Southwest
Conservation District) – Tabled.
4. Discussion with David Puzone, regarding 33 Deerfield Lane
property – Tabled.
5. 185 Beacon Road
Isabel Kearns, IWEO, stated she spoke with the
Gaetano’s of 187 Beacon Road
6. Continuation of Show Cause Hearing
regarding Town of Bethany
conducted in a regulated area without an
Inland Wetlands Permit – Tabled.
7. Update on appeal submitted by James
Woodward for 46 Mesa
8. Discussion in regard to amendments to
the Inland Wetlands Regulations per State
of CT –
Member Sullivan will investigate whether or not the
Commission needs to make any revisions to the amendments to the regulations
relative to the notice that was received from the DEEP dated January 15, 2014,
relative to DEEP revisions to their general permit. Tabled.
APPROVAL
OF MINUTES
1.
It was moved by Smith and seconded
by Sullivan to approve the minutes of the December 16, 2014, Regular Meeting.
Voting were: Breslin, Sullivan, Gaw, Smith, Hathaway.
Unanimous approval.
GENERAL
CORRESPONDENCE
1.
Letter from Chris Smith of
Shipman & Goodwin dated January 17, 2014, Re: Notification to abutting property owners of
application and public hearing for Green Haven Inland Wetlands application with
attached notice letter, list of the owners of abutting properties, and stamped
certificate of mailing.
2.
Letter from Tom Daly of Milone
& MacBroom, dated January 8, 2014, Re:
Response to letter from DTC dated January 2, 2014, with attached (1)
Draft Exhibit A Stormwater Maintenance Program Rocky Corner, Old Amity Road and
4 and 21 Meyers Road and (2) Farm Management Plan, Rocky Corner.
3.
Copy of Wetland Impact
Assessment, Rocky Corner, Old Amity Road Meyers Road
4.
Letter from Andy Bevilacqua,
P.E., of Diversified Technology Consultants, dated January 2, 2014, Re: Comments on review of plans revised through
November 5, 2013, for Rocky Corner, Old Amity Road/Meyers Road.
5.
Letter from Andy Bevilacqua,
P.E., of Diversified Technology Consultants, dated January 23, 2014, Re: Comments on review of plans revised through
January 7, 2014, for Rocky Corner, Old Amity Road/Meyers Road.
6.
Letter from Quinnipiack Valley
Health District, dated January 8, 2014, Re:
Comments on review of plans for 4 and 21 Meyers Road
7.
Letter from Quinnipiack Valley
Health District, dated January 15, 2014, Re:
Comments on review of plans for 4 and 21 Meyers Road
8.
Letter from Isabel Kearns, IWEO,
dated December 20, 2013, to Timothy Boynton of 54
Rainbow Road
9.
Copy of email from CT DEEP, dated
January 15, 2014, Re: Notice of Intent
to modify General Permit for Water Resources Construction Activities for
compliance with 2013 Legislative Changes.
10. Letter
from Northeast Utilities System, dated December 23, 2013, Re: Scheduled maintenance activities by the
Connecticut Light and Power Company in Bethany.
The Clerk was directed to give a copy to the Conservation Commission.
PUBLICATIONS
AND WORKSHOPS
1.
Brochure from Connecticut
Federation of Lakes, received January 20, 2014.
The Clerk was directed to sign up the Commission to receive the brochure
electronically.
2.
Newsletter from CT Department of
Energy and Environmental Protection, Inland Water Resources Division, December
2013.
3.
Connecticut Wildlife,
November/December 2013.
ENFORCEMENT
OFFICER REPORTS – Tabled.
SCHEDULE SITE
VISITS –
The Commission scheduled a site visit for Sunday,
February 2, 2014, at 9:00 a.m.
Commission members to meet at the Town Hall and proceed to the following
properties:
- 187
Beacon Road
- Schaffer
Road
- Lebanon
Road
PUBLIC
HEARING
·
4 and 21 Meyers
Road, Application #1209 submitted by Green Haven Inc. for a Site Plan and
Stormwater Management Plan Review for multi-unit residential community and farm -
At
8:02 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. Approximately 60 members of the public were present.
Chair
Breslin introduced the Inland Wetlands Commission and Staff and continued to
review the responsibilities of the Inland Wetlands Commission under the
Connecticut General State Statutes and the Bethany Inland Wetlands Regulations. Chair Breslin also reviewed the procedure
that would be followed to conduct the public hearing.
Chair
Breslin made a disclosure on the hearing record that she serves the Town as a
member of the South Central Connecticut Regional Water Authority Policy Board.
Member
Gaw made a disclosure on the hearing record that she is an employee of the
South Central Connecticut Regional Water Authority.
Member
Sullivan stated the Commission has hired their own expert and has had
Diversified Technology Consultants review the materials. Unfortunately, the project engineer working
on this is not able to attend the public hearing this evening to answer any
questions.
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:
- Exhibit 1A – Submitted
by Attorney Hollister, the Regional Water Authority Watershed/Aquifer
Project Notification Form, dated October 25, 2013, signed by Chris Hulk of
Milone & MacBroom, with attached green return receipt card.
- Exhibit 1B –
Submitted by Attorney Hollister a copy of the Connecticut Department of
Public Health Watershed or Aquifer Area Project Notification Form dated
November 1, 2013.
- Exhibit 1C – Copy of
a letter from Christopher Smith of Shipman & Goodwin, dated January
17, 2014, Re: Notice letter to
abutting property owners, list of properties owners and stamped
certificate of mailing concerning the notice provided by Green Haven.
- Exhibit 1D – Letter
from Thomas Daly of Milone & MacBroom, dated January 8, 2014, Re: Comments in response to the letter dated
January 2, 2014, from Diversified Technology Consultants with attached
Draft Exhibit A, Stormwater Maintenance Program, Rocky Corner, and Farm
Management Plan prepared by AppleSeed Permaculture LLC.
- Exhibit 1E – Letter
from Quinnipiack Valley Health District, dated January 15, 2014, Re: Comments on review of plans for 4 and 21
Meyers Road with attached letter from Quinnipiack Valley Health District
dated January 8, 2014, Re: Review
comments.
- Exhibit 1F – Green
packet with supportive information entitled, “Packet in Support of Inland
Wetlands Application Concerning a Proposed Residential Community on real
properties known as 4 and 21 Meyers Road, Bethany, Connecticut”, dated
January 27, 2014.
- Exhibit 1G – Packet
of maps prepared by Milone & MacBroom, Cheshire, Connecticut entitled
as follows:
- Title
Sheet, “Rock Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany
Connecticut, October 25, 2013, last revised November 5, 2013.”
- “Existing
Conditions”, dated October 25, 2013, revised to November 5, 2013, Sheet
01.
- “Overall
Site Plan/Index Plan”, dated October 25, 2013, revised to November 5,
2013, Sheet 02.
- “Site
Development Plan”, dated October 25, 2013, revised to November 5, 2013,
Sheet 03.
- “Site
Development Plan”, dated October 25, 2013, revised to November 5, 2013,
Sheet 04.
- “Site
Development Plan”, dated October 25, 2013, revised to November 5, 2013,
Sheet 05.
- “Sediment
and Erosion Control Plan”, dated October 25, 2013, revised to November 5,
2013, Sheet 06.
- “Site
Details”, dated October 25, 2013, revised to November 5, 2013, Sheet 07.
- “Site
Details”, dated October 25, 2013, revised to November 5, 2013, Sheet 08.
- “Site
Details”, dated October 25, 2013, revised to November 5, 2013, Sheet 09.
- “Soil
Data/Septic Design Information”, dated October 25, 2013, revised to
November 5, 2013, Sheet 10.
- Exhibit 1H - Packet
of maps prepared by Milone & MacBroom, Cheshire, Connecticut entitled
as follows:
- Title Sheet,
“Rock Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany
Connecticut, October 25, 2013, last revised January 7, 2014.”
- “Existing
Conditions”, dated October 25, 2013, revised to December 11, 2013, Sheet
01.
- “Overall
Site Plan/Index Plan”, dated October 25, 2013, revised to January 7,
2014, Sheet 02.
- “Site
Development Plan”, dated October 25, 2013, revised to January 7, 2014,
Sheet 03.
- “Site
Development Plan”, dated October 25, 2013, revised to January 7, 2014,
Sheet 04.
- “Site
Development Plan”, dated October 25, 2013, revised to January 7, 2014,
Sheet 05.
- “Sediment
and Erosion Control Plan”, dated October 25, 2013, revised to December
13, 2013, Sheet 06.
- “Site
Details”, dated October 25, 2013, revised to November 5, 2013, Sheet 07.
- “Site
Details”, dated October 25, 2013, revised to January 7, 2014, Sheet 08.
- “Site
Details”, dated October 25, 2013, revised to January 7, 2014, Sheet 09.
- “Soil
Data/Septic Design Information”, dated October 25, 2013, revised to
December 13, 2013, Sheet 10.
- Exhibit 1“I” – Map
entitled, “Septic Details, Soil Test Results, Meyers Road, Bethany
Connecticut”, dated July 14, 2004, revised to April 8, 2005, prepared by
John Paul Garcia & Associates, Bethany, Connecticut.
- Exhibit 1J – Letter
from Diversified Technology Consultants, dated January 2, 2014, Re: Comments on review of plans for Old
Amity Road/Meyers Road, New Cluster Residential/Agricultural Development,
Site Plan Review, revised to November 5, 2013.
- Exhibit 1K – Letter
from Diversified Technology Consultants, dated January 23, 2014, Re: Comments on review of plans for Old
Amity Road/Meyers Road, New Cluster Residential/Agricultural Development
Site Plan Review, revised to January 7, 2014.
- Exhibit 1L –
Incorporate into hearing record for reference the application of Halter
Estates. (Exhibit 1L)
- Exhibit 1M –
Submitted by Tom Daly of Milone and MacBroom a copy of draft entitled,
“Stormwater Maintenance Program, Rocky Corner, Old Amity Road and 4 and 21
Meyers Road, Bethany, Connecticut”.
- Exhibit 1N –
Engineering Report submitted by Milone & MacBroom dated November 5,
2013.
Present
to speak on behalf of this application was Attorney Tim Hollister of Shipman
& Goodwin, Hartford, Connecticut.
Attorney Hollister stated that Chris Smith who has been handling this
application has been delayed by weather.
Attorney
Hollister submitted for the hearing record notification forms for the Regional
Water Authority and the Department of Public Health and notice requirement
letter (Exhibit 1A, 1B and 1C).
Also,
Attorney Hollister distributed to each member a green packet entitled, “Packet
in Support of Inland Wetlands Application Concerning a Proposed Residential
Community on real properties known as 4 and 21 Meyers Road, Bethany,
Connecticut”, dated January 27, 2014, with supportive information (Exhibit
1F). Attorney Hollister presented a
brief overview of the project.
Next
to speak was Thomas Daly, P.E. of Milone & MacBroom, Cheshire,
Connecticut. Mr. Daly reviewed Items C,
D, E, and F from the green packet (Exhibit 1F).
Mr. Daly discussed the property elevations, topography,
accessway/driveway, storm management plan, and erosion control plan. Mr. Daly also reviewed a comparison with the
proposed project and the Halter Estates approval from 2007.
The
next speaker was Ethan Roland of AppleSeed Permaculture LLC, Stone Ridge, New
York.
Mr.
Roland reviewed the conceptual organic farm plan and the two farm ponds (Items
F, G, and H of the green packet Exhibit 1F).
Mr. Roland stated this proposal will not impact the wetlands and there
will be no adverse impact on any wetlands or watercourses.
Next
speaker was William Root, Senior Project Specialist Environment of Milone &
MacBroom.
Mr.
Root prepared and reviewed a Wetland Impact Assessment (Item I of Exhibit F)
and reviewed the resource maps which are located in Item I of Exhibit F.
Mr.
Daly spoke again and stated he took advantage of working directly with Andy
Bevilacqua P.E. of Diversified Technology Consultants and responded to his
comment letter dated January 2, 2014,
with a letter dated January 8, 2014. It was Mr. Daly opinion that he did
address all DTC comments.
Chair
Breslin stated that the working plan is to continue the public hearing to have
the opportunity to have Andy Bevilacqua P.E. of DTC present at the hearing to
answer any questions.
Member
Sullivan noted for the hearing record that the Commission visited the site on
Sunday, December 1, 2013. Members
present were Sullivan, Smith and Hathaway along with representatives from Green
Haven as well as a representative from Milone and MacBroom.
Chair
Breslin asked if there were any members of the public who would like to
speak. The following public member
spoke:
- Louise
Harter of 64 Meyers Road – Ms. Harter spoke in favor of the
proposal.
Member
Sullivan stated the Commission will incorporate by reference into the hearing
record the application of the Halter Estates. (Exhibit 1L)
Mr.
Daly stated he has addressed all DTC concerns and does not have a need for Andy
Bevilacqua to be at the public hearing.
Mr. Daly reviewed the last DTC letter, dated January 23, 2104, with the
Commission. Mr. Daly noted that based
upon DTC review letter dated January
23, 2014, we have provided all information request. Mr. Daly the submitted Exhibit 1M - a copy of
draft entitled, “Stormwater Maintenance Program, Rocky Corner, Old Amity Road
and 4 and 21 Meyers Road, Bethany, Connecticut”.
The
following were other topics that were discussed:
- The depths
of the ponds.
- Common
ownership interest document
- Escrow
account to maintain what has to be maintained.
Chris
Smith arrived approximately around 9:15 p.m.
Chair
Breslin would like to continue the public hearing to have the opportunity to
review all the documents and then have DTC engineer present at public hearing
to answer any questions. It was the
consensus of the Commission to continue the public hearing.
ADJOURNMENT
There being no further business to come before the
Commission, it was moved by Sullivan and seconded by Gaw to adjourn the regular
meeting at 9:35p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
