MINUTES OF THE BETHANY INLAND WETLANDS
COMMISSION REGULAR MEETING OF MONDAY, APRIL 28,
2014 Page
1
of 6
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
Brian Smith, Member
Lisa Gaw, Member
Roger Hathaway, Member
The following members of the
Commission were excused:
Kristine Sullivan, Vice-Chair
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
Kevin McSherry, Town Attorney
NEW
BUSINESS
1. 735 Litchfield Turnpike, Application
#1218 submitted by Kenneth Murphy for an
Inland Wetlands Permit to locate a
10-foot by 12-foot shed –
The Commission formally received the
application. Present to speak on behalf
of this application was Kenneth Murphy, applicant and owner of record.
Mr.
Murphy noted the following:
- Home is on
slap/no basement.
- The
proposed shed is a prebuilt shed.
- Will be putting
shed on paver blocks.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, May 27, 2014. Tabled.
2. 6 Amadeo Drive, Application #1219
submitted by Albert DuBois, Jr., for an Inland
Wetlands Permit to locate a 12 foot by
12 foot shed –
The Commission formally received the
application. Present to speak on behalf
of this application was Albert DuBois, Jr., applicant and owner of record.
Mr.
DuBois noted the following:
- Proposed
shed is 90 feet from wetlands.
- The shed
will be located on grass area of lawn and won’t be cutting down trees.
- Will be
pouring slap and shed will be stick built.
In
discussion, Commission members noted:
- Would like
to visit the site.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, May 27, 2014. Tabled.
3. Discussion with Mary Ellen Unger
regarding Community Garden at Pole Hill Dog Park –
Mary Ellen Unger of the Community Garden Committee
was present for discussion. Some items
noted were:
- Submitted
packet dated April 28, 2014.
- Gallons
of water that would be needed for garden.
- Will
not be impact on the wetlands.
- Will
be organic gardening.
Chair Breslin asked Ms. Unger to work with Isabel
Kearns, IWEO, to research any information on the existing pond at the Pole Hill
Dog Park.
It was moved by Smith and
seconded by Gaw to add to this evening’s agenda the receipt and appropriate
action regarding Application #1220 submitted by the Octavio Goncalves for an
Inland Wetlands Permit to locate an inground pool located at 35 Timber Lane and
Application #1221 submitted by KMPT, LLC, for an Inland Wetlands Permit for a
warehouse addition (125’ by 60’) located at 770 Amity Road (Lock, Stock &
Barrel).
Unanimous
approval.
4. 35 Timber Lane, Application #1220 submitted by
Octavio Goncalves for an Inland
Wetlands Permit to locate an inground
pool and attached garage –
The Commission formally received the
application. No one was present to speak
on behalf of this application.
Isabel
Kearns, IWEO, reviewed the plan with the Commission. The Commission would like to schedule a site
visit.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, May 27, 2014. Tabled.
5. 770 Amity Road, Application #1221
submitted by KMPT, LLC for an Inland Wetlands
Permit for a warehouse addition (125’
by 60’) -
The Commission formally received the
application. Theron Simons, applicant,
was present to speak on behalf of this application.
Mr.
Simons noted the following:
- Remediation
has been done on the property.
- Will be
submitting plan.
In
discussion, Commission members noted:
- Would like
to visit the site.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, May 27, 2014. Tabled.
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
8:01 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. Chair Breslin briefly reviewed the process of
the public hearing and introduced the Commission members and staff.
Joe
Williams, Attorney and Third Partner of Law Firm, Shipman and Goodwin,
representing Green Haven, introduced himself.
Attorney Williams stated that there is some new information to be
presented and that the Planning and Zoning Commission has closed the public
hearing. Also, Attorney Williams stated
revised plans have been submitted dated April 2, 2014.
During
the course of the public hearing, Chair Breslin noted that the Commission has
received the following new items from the applicant relative to the subject
application. Exhibit identification was
assigned as follows:
a) Exhibit 4A -Letter from
Quinnipiack Valley Health District, dated April 16, 2014, Re: Comments from review of revised plans dated
April 2, 2014.
b) Exhibit 4B - Letter from
Regional Water Authority, dated April 16, 2014, Re: Comments from review of revised plans dated
April 2, 2014, and copy of letter from W. Andrew Greene and Becky Meyer of Milone
& MacBroom to Ron Walters, dated April 11, 2014, Re: Rocky Corner – Nitrogen Dilution Analysis,
Septic System Design.
c) Exhibit 4C - Copy of
Addendum #2, Wetlands Impact Assessment, Rocky Corner, Revised to April 25,
2014, prepared by Milone & MacBroom in regard to investigating area prone
to temporary ponding for the presence of indicators of vernal pools.
d) Exhibit 4D - Copy of
Permit #1019 from the Bethany Inland Wetlands Commission to Halter Estates
Senior Community LLC, dated September 14, 2005, approved on September 2, 2005,
Inland Wetlands Permit to discharge stormwater into upland review area located
at 4 and 21 Meyers Road.
e) Exhibit 4E - Spread sheet
of Comparisons of Halter Estates and Rocky Corner, submitted April 28, 2014.
Attorney
Williams reviewed Exhibits 4A, 4B, and 4C.
Attorney Williams then turned the presentation over to Thomas Daly, P.E.
and Principal of Milone & MacBroom, who reviewed the revisions to the
plans. Some areas Mr. Daly touched on
are as follows:
- Providing
one 30,000 gallon fire protection tank instead of two.
- Providing dry
fire main.
- The revised
plans dated April 2, 2014, are the same plans the Planning and Zoning
Commission received.
- Reviewed
Exhibits 4D and 4E.
Chair
Breslin asked if there were any members of the public who would like to
speak. There were no comments.
At
8:23 p.m., there being no further questions or comments, Chair Breslin closed
the public hearing on the subject application.
OLD BUSINESS
1.
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 closed. The Commission scheduled
a Special Meeting/Work Session for Monday, May 19, 2014, at 6:00 p.m. in
Commission Meeting Room. Tabled.
2.
Discussion
regarding Bethany West clearing. (Letter
from Roman Mrozinski of the Southwest Conservation District) – Tabled.
3.
185
Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn
–
Tabled.
4.
Continuation
of Show Cause Hearing regarding Town of Bethany drainage repairs
conducted in a regulated area without an
Inland Wetlands Permit – Tabled.
5. Update on
appeal submitted by James Woodward for 46 Mesa Drive
– The Commission will discuss the plan submitted regarding the Wetland Crossing
Detail and the Oil/Grit Separator, dated April 11, 2014, at the Special Meeting
on Monday, May 19, 2014, at 6:00
p.m. in the Commission Room. Tabled.
6.
Discussion
in regard to amendments to the Inland Wetlands Regulations per State
of CT – Tabled.
APPROVAL
OF MINUTES
1.
It was moved by Smith and
seconded by Gaw to approve, as submitted, the minutes of the March 16, 2014,
Special Meeting/Site Visit.
Voting
were: Breslin, Smith, Gaw, Hathaway.
Unanimous
approval.
2.
It was moved by Smith and
seconded by Hathaway to approve, as amended, the minutes of the March 24, 2014,
Regular Meeting.
Voting
were: Breslin, Smith, Gaw, Hathaway.
Unanimous approval.
BILLS
1.
It was moved by Smith and
seconded by Hathaway to approve the payment of $314.87 for professional
services from Diversified Technology Consultants for the property located
at 4 and 21 Meyers Road.
Voting
were: Breslin, Smith, Gaw, Hathaway.
Unanimous approval.
2.
It
was moved by Smith and seconded by Hathaway to approve the payment of $105.00
for
Recording services rendered at the public
hearing held on April 28, 2014, (4 and 21 Meyers
Road) by Anne Sohon.
Voting
were: Breslin, Smith, Gaw, Hathaway.
Unanimous
approval.
GENERAL
CORRESPONDENCE
1.
Letter from RWA dated February
24, 2014, Re: Review comments on 735
Litchfield Turnpike, construction of shed.
2.
Letter from Octavio Goncalves, 35
Timber Lane, dated April 11, 2014, Re:
35 Timber Lane, adding application to agenda and IWC visiting site.
3.
Letter from RWA dated April 24,
2014, Re: Review comments on 35 Timber
Lane, construction of pool and garage.
PUBLICATIONS
& WORKSHOPS
1.
The Habitat, A newsletter of the
CT Association of Conservation & Inland Wetlands Commissions, Inc., Spring
2014.
ENFORCEMENT
OFFICER REPORTS – Tabled.
SCHEDULE SITE
VISITS –
The Commission scheduled a site visit for Sunday,
May 18, 2014, at 8:30 a.m. Commission
members to meet at the Town Hall and proceed to the following properties:
- 35
Timber Lane
- 770
Amity Road
- 6
Amadeo Drive
- Pole
Hill Road
- Possibly
4 and 21 Meyers Road in regard to site of vernal pool.
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 8:47 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission