MINUTES OF THE BETHANY
The regular meeting of the Inland
Wetlands Commission was called to order at 7:35 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
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
It was
moved by Smith and seconded by Hathaway to receive the following Applications
with no discussion to this evening’s agenda:
·
Application #1231 submitted by
John Reilly for an Inland Wetlands Permit to improve driveway drainage and
created a backup area, introduced soil to enhance lawn and cleaned existing
downslope swale located at 22 Whippoorwill Land.
·
Application #1232 submitted by
Octavio Goncalves for an Inland Wetlands Permit for an additional garage and to
move driveway located at 35 Timber
Lane
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
NEW
BUSINESS
1.
Discussion
regarding request for letter of no jurisdiction for 742 Amity Road
Isabel Kearns, Inland Wetlands Enforcement Officer, stated
the property owner created a concrete patio on the side of the building and the
pad meets all the Zoning Regulations. Ms. Kearns proceeded to state that a
letter is needed from the Inland Wetlands Commission to the Planning and Zoning
Commission that no action is required from the Inland Wetlands Commission. It was the consensus of the Inland Wetlands
Commission that the proposed activity is well outside the regulated area and
there is no action required by the Inland Wetlands Commission. The Commission authorized the clerk to issue a
letter.
2.
90
Pole Hill Road, Application #1230 submitted by Community Garden Committee for
an IW Permit for location of Community Garden, removal of selective trees, use
of pond for irrigation of garden –
The Commission formally received the
application. Present to speak on behalf
of this application was MaryEllen Unger, Chair of the Community Garden
Committee.
Mrs.
Unger noted the following:
- The
Committee has meet with professional garden managers and all members are
well educated in gardening.
- Had
previously submitted an application for Pole Hill parking lot using the
northern side of the property but the Bethany Volunteer Fire Department
needs whole parking lot.
- Would like
to use piece of property on southern side and will need to cut some trees.
- Still would
like to have small pump and put in water tank.
- No hoses
using watering cans.
- Decreased
size of beds to fit in this area.
- 49 raised
beds surrounded by deer fencing with two gates.
- Reviewed
packet that was submitted with application which included water usage,
pump specs inside pump house, water tank (750 gallon tank) and other
information.
- Packet
includes information about proposed garden, proposed contract and bylaws
that would have to be signed by anyone who would like to use a bed.
In
discussion, Commission members noted:
- Add in bylaws about respecting the site.
- Reviewed King’s Mark Report, dated October
1994.
- Applicant to contact the Bethany Fire
Department to see how much water is coming out of there by the Bethany
Fire Department The IWEO will
contact and obtain information.
- The Commission would like feedback from Fire
Department as to what their experiences are with the pond.
- Commission would like to visit the
property.
- Applicant to mark out perimeter of the garden
for site visit.
Jim Seaton of 485 Bethmour Road (abutting property
owner) asked to publicly speak in regard to the proposed Community Garden.
Chair Breslin stated this is not a public hearing
and cannot hear from the public. The
Commission suggested Mr. Seaton as per Section 9.1 of the IWC Regulations
submit a petition as stated in regulations to determine if the proposed
activity may have a significant impact on the wetlands. Also, Chair Breslin recommended if anyone has
any information to share with the Commission to email the information to Isabel
Kearns, IWEO, and she will forward the information to the Commission.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting on Monday, November 24, 2014. Tabled.
3.
Show Cause
Hearing regarding Cease and Desist Order, dated October 21, 2014, to Mrs.
Bitina Patel of 10 Northrop Road, extension of patio, stonewall along the pond,
waterfall and clear cutting of trees
within the 150-foot upland review area without permit –
Present for this discussion was Mr. Patel’s brother,
Hasu Patel, who was authorized by his brother to speak on his behalf.
Isabel Kearns, IWEO, stated the site has been
disturbed and the Commission should schedule a site visit to review.
The Commission will keep the Cease and Desist Order
in place and continue the Show Cause Hearing for a month to give them time to
visit the site and recommend what needs to be done in the application.
The IWEO will gatherer existing map of what is
approved and scale for the site visit. Tabled.
4.
Show Cause
Hearing regarding Cease and Desist Order, dated October 22, 2014, to Mr. and Mrs. Charles Gamsu of 27 PINE BROOK
CROSSING, clear cutting of trees and introduction of fill within the 150-foot
upland review area without permit -
Present
for this discussion was Mr. and Mrs. Charles Gamsu, owners of record.
Mr.
Gamsu noted the following:
- Cleared
undergrowth and small trees because it was making their goats sick.
- Area fenced
in.
- Did stump
area and would like to make into a pasture.
The
Commission noted the following:
- There are
designated wetlands on the site.
- Applicant
cleared on the slope within the 150’ regulated area.
- The
Commission would like to visit the site.
- Under
Section 4.1 of the Inland Wetlands Regulations for the purpose of grazing,
the property owner would need to prepare a letter to the Commission. The Commission would make the
determination if this activity does require a permit.
- Applicant
to obtain map of property and mark where the work has been done.
Tabled.
OLD BUSINESS
1.
10 Round
Hill Road
Development of a 125-foot by 40-foot
storage building and associated site work –
Present for this discussion was Al Shepard, P.E. of
Nowakowski, O’Bymachow and Kane, representing the applicant.
The
Commission received a new letter from Diversified Technology Consultants, dated
October 27, 2014, Re: Review of revised plans, dated October 13,
2014, for 10 Round Hill Road
Some items noted by the Commission were:
- Concerned
with grading, filling and earth moving that has been done.
- Asked
engineer for wetland restoration plan.
- Need
wetlands area protected.
- Ask
DTC to review the pad in a timely manner.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting on Monday, November 24, 2014. Tabled.
2.
112 Miller
Road
construct a bridge and clearing of an
existing trail –
Present to speak on behalf of this application was
Joseph Szewczyk, applicant.
Mr.
Szewczyk noted the following:
- Spoke with
John Paul Garcia, P.E. regarding construction of bridge in flood zone.
- Working on
obtaining telephone poles for bridge.
- Spoke to
Park Manager and he explained where the flood area is.
- Will build
footings up a little higher for more clearance.
- The
previous bridge that was washed out was built at ground level.
In
discussion, Commission members noted:
- Concerned with flooding and all the work to
construct bridge be washed away if the right location along the stream is
not chosen.
- Commission looked at flood maps and flood
elevation which is way above stream corridor.
- Suggested the applicant check out restoring the
pond as his project.
- Suggested contacting Roman Mrozinski of the
Southwest Conservation District to help with plan to clean up pond.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting on Monday, November 24, 2014. Tabled.
3.
610
Carrington Road
Wetlands Permit to construct a 10-foot by 13-foot 3-inch addition to the
existing house
–
Present for this application was, Richard Murphy,
applicant.
Commission
members discussed and proceeded to deliberate.
It was moved by Sullivan and seconded by Gaw to approve Application
#1229 submitted by Richard Murphy for an Inland Wetlands Permit to construct a
10-foot by 13-foot 3-inch addition to the existing foundation of the house in
accordance with the submitted plan, untitled, prepared by the applicant,
submitted on September 26, 2014.
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 given the location of the addition which is
at the front of the house, the wetlands are protected from
that
addition by the existence of the house foundation. Also, with the proper installation that was
observed of the silt fence and as long as the silt fence is maintained, there
should be no
adverse
impact on the adjoining wetlands and watercourse.
Voting were:
Breslin, Sullivan, Smith, Gaw, Hathaway.
Unanimous approval.
4.
Revisit
site in November the continue discussion regarding road and overland run-off
across 37
Hilltop Road (DeCesare) down to Route 69 - Tabled.
5.
Discussion
regarding Bethany West clearing. (Letter
from Roman Mrozinski of the
Southwest Conservation District) – Tabled.
6.
185
Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn
–
Tabled.
7.
Discussion in
regard to amendments to the Inland Wetlands Regulations per State
of
CT – It was moved by Sullivan
and seconded by Gaw to schedule a public hearing date of
Monday, January 26, 2014, for the amended
Inland Wetlands Regulations.
Unanimous approval.
Tabled.
APPROVAL
OF MINUTES
1.
It was moved by Sullivan and
seconded by Breslin to approve, as submitted, the minutes of the Monday, July
28, 2014, Regular Meeting.
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
2.
It was moved by Sullivan and
seconded by Breslin to approve, as submitted, the minutes of the Monday, August
25, 2014, Regular Meeting.
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
3.
It was moved by Sullivan and
seconded by Smith to approve, as submitted, the minutes of the Sunday,
September 7, 2014, Special Meeting/Site Visit.
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
4.
It was moved by Sullivan and
seconded by Breslin to approve the minutes of the Monday, September 29, 2014, Regular
Meeting, as amended.
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
5.
It was moved by Sullivan and
seconded by Smith to approve, as submitted, the minutes of the Sunday, October
19, 2014, Special Meeting/Site Visit.
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
BILLS
1)
It was moved by Sullivan and
seconded by Hathaway to approve the payment of $275.00 to Diversified
Technology Consultants for professional services for the review of 10 Round
Hill Road.
Voting
were: Breslin, Sullivan, Smith, Gaw,
Hathaway.
Unanimous
approval.
CORRESPONDENCE
1.
Letter from South Central
Connecticut Regional Water Authority, dated October 8, 2014, Re: Comments on review of 742 Amity Road, outdoor
dining.
2.
Letter from Isabel Kearns, IWEO,
to Mrs. Bitina Patel of 10 Northrop Road, dated October 21, 2014, Re: Cease and Desist Order, Show Cause Hearing,
October 27, 2014.
3.
Letter from Isabel Kearns, IWEO,
to Mr. & Mrs. Charles Gamsu of 27 Pine Brook Crossing, Re: Cease and Desist Order, Show Cause Hearing,
October 27, 2014.
4.
Letter
from Diversified Technology Consultants, dated October 27, 2014, Re: Review of revised plans, dated October 13,
2014, for 10 Round Hill Road.
5.
Letter from South Central
Connecticut Regional Water Authority, dated October 8, 2014, Re: Comments on review of 610 Carrington Road,
renovation to single family residence.
PUBLICATIONS
AND WORKSHOPS
1.
The Habitat, Fall 2014.
2.
Soil and Water, Fall 2014
Newsletter.
ENFORCEMENT
OFFICER REPORTS – Tabled.
OTHER BUSINESS
- Jim
Seaton of 485 Bethmour Road was concerned with the recent increase in
water flow due to possible blockage in culvert behind his home on Bethmour
Road. The Commission will have the
Public Works Director investigate.
SCHEDULE SITE
VISITS –
The Commission scheduled a site visit for Sunday,
November 16, 2014, at 8:30 a.m.
Commission members to meet at the Town Hall parking lot and proceed to
the following properties:
- 22
Whippoorwill Road
- 27
Pine Brook Crossing
- 90
Pole Hill Road
- 10
Northrop Road
- 35
Timber Lane
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by Gaw
and seconded by Smith to adjourn the regular meeting at 9:25 p.m.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands
Commission
