MINUTES OF THE BETHANY
The regular meeting of the Inland
Wetlands Commission was called to order at 7:31 p.m. in the Commission Meeting
Room in 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
Roger Hathaway, Member
The following member of the
Commission was absent:
Lisa Gaw, Member
Also present were:
Isabel Kearns, Inland Wetlands Enforcement Officer
NEW
BUSINESS
Inland Wetlands Permit to construct an addition
to the existing house –
The Commission formally received the
application. Present to speak on behalf
of this application was Edward Rostowsky, applicant and owner of record.
Mr.
Rostowsky noted the following:
- Moving
garage forward.
- New garage
will be attached to existing house.
- Back of
yard drops.
- Will be
draining out to daylight.
- Addition
will be on slap.
In
discussion, Commission members noted:
- Would like to conduct site visit.
- Applicant needs to show on plan where roof
gutters, roof leaders will be installed and how will applicant be
protecting end of drainage to daylight.
- Where is material going to be stockpiled or
spread on property?
- Applicant to show on plan where sedimentation
and erosion controls will be installed.
Further discussion and appropriate
action on the application was deferred until the Commission’s next regular
meeting on Monday, June 23, 2014. Tabled.
2. 378
Bethmour Road
Present for this discussion was John Paul Garcia,
P.E./L.S. representing the property owner.
Mr. Garcia stated that the two houses exist and the property owner would
like to split the lots. Also, Mr. Garcia
stated there are no wetlands on the property.
The Commission would like to visit the site and
review the subdivision file and any previous approvals. Tabled.
3. 19
Sargent Drive
No one present.
It
was moved by Sullivan and seconded by Smith to add to this evening’s agenda a
discussion with MaryEllen Unger of the Community Garden Committee pertaining to
the proposed Community Garden location at the Pole Hill Road dog park. Unanimous
approval.
4.
Discussion
with Maryellen Unger of the Community Garden Committee pertaining to the
proposed Community Garden location at the Pole Hill Road dog park
–
Present for this discussion was MaryEllen Unger of
the Community Garden Committee.
Ms. Unger noted the following:
- Garden
would consist of approximately 44 (4 by 4) raised beds.
- Pump
water from pond with gas pump and then store water in storage tank.
- There
will be no grading.
- Will
have deer fencing around garden.
- Locate
shed to store a few items.
- Garden
manager will be responsible for pump and water.
Commission members noted the following:
- Would
like to research what the resources of the pond are.
- Would
like to get a better understanding of what the water body is.
- Keep
activity away from the wetlands.
- Commission
will contact Roman Mrozinski from Southwest Conservation District to visit
the site and report back to the Commission.
Tabled.
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 –
Member Sullivan prepared a draft resolution. Commission member discussed and amended the
resolution.
Motion by Sullivan and seconded by Smith to approve
Application #1209 submitted by Green Haven, Inc. for a Site Plan and Storm
Water Management Plan for property located at 4 and 21 Meyers Road in accordance with the plans
prepared by Milone and MacBroom, Cheshire, Connecticut entitled and dated as follows:
- Title Sheet, “Rock Corner, Old Amity Road and 4
& 21 Meyers Road, Bethany Connecticut, October 25, 2013, last revised
April 2, 2014.”
- “Existing Conditions: Rocky Corner, Old
Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 01,
dated October 25, 2013, revised to Dec. 11, 2013
- “Overall Site Plan and Index Plan: Rocky
Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”,
sheet 02, dated October 25, 2013, revised to Apr. 2, 2014
- “Site Development Plan: Rocky Corner, Old Amity
Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 03, dated
October 25, 2013, revised to Apr. 2, 2014
- Site Development Plan: Rocky Corner, Old Amity
Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 04, dated
October 25, 2013, revised to Apr. 2, 2014
- “Site Development Plan: Rocky Corner, Old Amity
Road and 4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 05, dated
October 25, 2013, revised to Apr. 2, 2014
- Sediment and Erosion Control Plan: Rocky
Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”,
Sheet 06, dated October 25, 2013, revised to Apr. 2, 2014
- Site Details: Rocky Corner, Old Amity Road and
4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 07, dated October 25,
2013, revised to Apr. 2, 2014
- Site Details: Rocky Corner, Old Amity Road and
4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 08, dated October 25,
2013, revised to Apr. 2, 2014
- Site Details: Rocky Corner, Old Amity Road and
4 & 21 Meyers Road, Bethany, Connecticut”, Sheet 09, dated October 25,
2013, revised to Jan. 7, 2014
- Soil Data/Septic Design Information: Rocky
Corner, Old Amity Road and 4 & 21 Meyers Road, Bethany, Connecticut”,
Sheet 10, dated October 25, 2013, revised to Feb. 28, 2014
This approval is also granted based on
the following documents submitted as part of the application:
1) “Farm Management
Plan” prepared by AppleSeed Permaculture LLC dated as submitted on 1-13-2014 as
a portion of Hearing Exhibit # 1F.
2) “Draft Exhibit
A: Stormwater Maintenance Program, Rocky Corner, Old Amity Road and 4 & 21
Meyers Road, Bethany, Connecticut, MMI # 1179-34) dated as submitted on
1-13-2014, assigned to be Hearing Exhibit # 1M.
In making this approval, the Inland
Wetlands Commission (the Commission) responded to a concern raised in the
course of the public hearing on the application, that there is an existing
vernal pool on the parcel known as 21 Meyers Road. The Commission members re-inspected that area
of the site prior to making its decision and also reviewed those portions of
the hearing record for prior IWC Permit # 1019 for development of the site,
taking especial note of Hearing Exhibit # 2C from Environmental Services LLC,
which concluded that area did not qualify under the current definition of a
vernal pool, as defined in the Inland Wetland Commission’s Regulations, Section
2.1. It is therefore the conclusion of
the Commission members that that area does not met the regulatory definition of
a vernal pool.
This approval is granted subject to the
standard conditions found on the Land Records, Volume 93, Page 802, and Page 803, and the
following conditions:
a) The applicant
shall provide a long term storm water maintenance schedule for maintenance of
the storm water system and ponds which are an integral component of the site
development of the property. It shall
be the responsibility of the applicant to strictly adhere to that maintenance
schedule and shall annually provide a report to the Commission that the
required maintenance has been performed.
b) The applicant
shall provide an annual appropriation in its budget for maintenance of the
storm water system and associated ponds.
The amount of the appropriation shall be submitted to the Commission on
an annual basis by February 1st of each calendar year for review and
approval by the Commission.
c) The applicant
has stated that the farming on the property shall solely be done by organic
farming methods. If the type of farming
changes from the organic farming described in Hearing Exhibit # 1F, items F and
H, submitted as part of the hearing record on this permit, then applicant must
notify the commission and the Commission at its discretion may determine if the
change is of sufficient intensity to require additional Commission action.
d) The applicant
shall submit to the Commission a bond amount prepared by the applicant’s
consulting engineer, to insure the installation and maintenance of the sediment
and erosion controls and storm water drainage system. That bond estimate shall be subject to review
and approval by both the Commission’s consulting engineer and Town Counsel as
to amount, form and content. Upon their
approval, said bond shall be posted by the applicant prior to commencement of
any site work on the subject properties.
e) As recommended
in item # 7 of Hearing Exhibit # 4B, a letter from the Regional Water Authority
dated April 16, 2014, to Ms. Isabel Kearns, from Ronald Walters, Senior
Environmental Analyst, the plans shall be revised to identify the person or
party responsible for inspection and maintenance of the storm water management
system.
f) It is the strong
recommendation of the Commission that as recommended in a item # 5 of Hearing
Exhibit # 4B, a letter from the Regional Water Authority dated April 16, 2014,
to Ms. Isabel Kearns, from Ronald Walters, Senior Environmental Analyst, that
an agricultural conservation easement over the undeveloped portion of the
property be provided to provide assurances that the on-site wells and Lake
Chamberlain would not be impacted by future development of the site.
g) Correct note #
27 under General Notes, on the title page of the above referenced plans,
identified as E be corrected to identify that the in ground fire tank will hold
30,000 gallons not 20,000 gallons.
h) The Commission
could consider amending item (b). To
include that should the applicant/owner fail to properly maintain the drainage
structures, the Town shall have the absolute right to conduct such work to
comply with the long-term maintenance plan.
If the Town is required to do said work, the Town shall be privileged to
place a lien on the property for the cost of the work performed, any legal
fees, engineering fees or any other such cost associated with the maintenance
and placing of the lien on the property.
The Commission’s decision is based on
the fact that best engineering practices were used; and as a result, if the
plans and conditions of this permit are adhered too, there should be no adverse
impact to the proposed man-made ponds, onsite wetlands or vernal pool located
on the abutting property at 42 Meyers Road.
In addition, the Commission found that this approved permit has lessened
the impacts of the previously approved permit # 1019, in that there are now no
activities proposed within 150’ of the onsite wetlands and the scope of
development and associated impacts have been reduced.
Voting
in favor: Breslin, Smith, Hathaway and Sullivan.
Voting
opposed: None
Date
approved: May 27, 2014
2.
735
Litchfield Turnpike, Application #1218 submitted by Kenneth Murphy for an
Inland Wetlands Permit to locate a
10-foot by 12-foot shed –
No one was present to speak on behalf of the
application. Commission members
discussed and proceeded to deliberate.
It was
moved by Sullivan and seconded by Smith to approve Application #1218 submitted
by Kenneth Murphy for an Inland Wetlands Permit to locate a 10-foot by 12-foot
shed located at 735 Litchfield Turnpike in accordance with the submitted plan
entitled, “Kenneth John Murphy, 735 Litchfield Turnpike, Bethany, CT 06524”,
submission date of April 28, 2014, hand drawn, prepared by the applicant and this approval is
subject to the standard conditions found on the Land Records Volume 93, Page
802 and 803. The reason for the
Commission approving this application is that the placement of a shed on a
crushed stone foundation should have little or no impact on the onsite
wetlands.
Vote
4 to 0.
Voting were:
Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
3. 6 Amadeo Drive, Application #1219
submitted by Albert DuBois, Jr., for an Inland
Wetlands Permit to locate a 12 foot by
12 foot shed –
Present to speak on behalf of this application was
Albert DuBois, Jr., applicant and owner of record. Commission members discussed and proceeded to
deliberate.
It was moved
by Sullivan and seconded by Hathaway to approve Application #1219 submitted by
Albert DuBois Jr. for an Inland Wetlands Permit to locate a 12-foot by 12-foot
shed located at 6 Amadeo Drive in accordance with the submitted plan, untitled,
submission date of April 15, 2014, with hand-drawn markings prepared by the
applicant and this approval is subject to the standard conditions found on the
Land Records Volume 93, Page 802 and 803.
The reason the Commission approved this application is that if the shed
is located as shown on the approved site plan, there should be minimal or no impact
on the onsite wetlands.
Vote
4 to 0.
Voting were:
Breslin, Sullivan, Smith, Hathaway.
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 –
Present to speak on behalf of this application was
Octavio Goncalves, applicant and owner of record. Mr. Goncalves amended the application and
removed the proposal for an attached garage.
Commission members discussed and
proceeded to deliberate. It was moved by Sullivan and seconded by Smith to
approve Application #1220 as amended by the applicant, Octavio Goncalves for an
Inland Wetlands Permit to locate a 16-foot by 32-foot inground pool located at
35 Timber Lane in accordance with the submitted plan entitled, “Proposed
Addition”, dated November 28, 2013, revised to March 10, 2014, prepared by
D’Amico Associates, Oxford, Connecticut.
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)
Site plan shall be revised to
show appropriate sedimentation and erosion controls.
b)
Site plan shall show the
stockpiling of material to be excavated from the pool.
c)
If the stockpiling is not to be
removed from the site but to be spread elsewhere on the site, then the
applicant shall show this on the site plan.
d)
Applicant shall submit
information of what type of filter to be used for pool.
e)
Applicant shall submit revised
plan before starting installation of pool.
The
reason the Commission approved this application is that if these conditions are
all met;
there
should be no adverse impact to the onsite wetlands.
Vote
4 to 0.
Voting were:
Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
5. 770 Amity Road, Application #1221
submitted by KMPT, LLC for an Inland Wetlands
Permit for a warehouse addition (125’
by 60’) -
Present to speak on behalf of this application was
Theron Simons, applicant.
Commission
members discussed and proceeded to deliberate. It was moved by Sullivan and seconded by
Smith to approve Application #1221 submitted by KMPT, LLC for an Inland
Wetlands Permit to locate a 140-foot by 60-foot warehouse addition to the
existing large structure located at 770 Amity Road in accordance with the
submitted plan entitled, “770 Amity Road, 60’ x 140’ addition”, dated April 28,
2014, with hand-drawn markings prepared by the applicant and this approval is
subject to the standard conditions found on the Land Records Volume 93, Page
802 and 803. The reason the Commission
approved this application is that if the project is constructed as proposed
there should be no adverse impact to the downslope wetlands to the north of the
subject property.
Vote 4 to 0.
Voting were:
Breslin, Sullivan, Smith, Hathaway.
Unanimous approval.
6.
Discussion
regarding Bethany West clearing. (Letter
from Roman Mrozinski of the Southwest Conservation District) – Tabled.
7.
185
Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn
–
Tabled.
8.
Continuation
of Show Cause Hearing regarding Town of Bethany drainage repairs
conducted in a
regulated area without an Inland Wetlands Permit
– The Commission would like to have Diversified Technology Consultants review. Tabled.
9. Update on
appeal submitted by James Woodward for 46 Mesa Drive
– Item completed/remove from agenda.
10. 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 Hathaway to approve, as submitted, the minutes of the April 28,
2014, Regular Meeting.
Voting
were: Breslin, Smith, Hathaway.
Sullivan
abstained.
Unanimous approval.
BILLS
1.
It
was moved by Sullivan and seconded by Smith to approve the payment of $217.37
for professional services from Diversified Technology Consultants for the
property located at 4 and 21 Meyers
Road.
Voting
were: Breslin, Sullivan, Smith,
Hathaway.
Unanimous
approval.
GENERAL
CORRESPONDENCE
1.
Letter from Quinnipiack Valley
Health Department dated April 28, 2014, Re:
Review comments on application for 6 Amadeo Drive, proposed shed.
2.
Letter from Isabel Kearns, IWEO,
to SAP Ventures LLC owners of 63 Sargent Drive, dated March 28, 2014, Re: Final Correction Enforcement Notice for 63
Sargent Drive, discarded debris and junk.
PUBLICATIONS
& WORKSHOPS
1.
Connecticut DEEP’s Training for
Municipal Inland Wetlands Agencies, Comprehensive Training Program 2014.
ENFORCEMENT
OFFICER REPORTS – Tabled.
SCHEDULE SITE
VISITS –
The Commission scheduled a site visit for Sunday,
June 1, 2014, at 8:30 a.m. Commission
members to meet at the Town Hall and proceed to the following properties:
- 1083
Amity Road
- 378
Bethmour Road
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by
Hathaway
and
seconded by Sullivan to adjourn the regular meeting at 9:14 p.m. Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
