MINUTES OF THE BETHANY
1. etter
from Supreme Forest Products, dated October 27, 2014, Re: Notification of Timber Harvest on the
property of Kristine Sullivan, Grant and Lacey Road
The regular meeting of the Inland
Wetlands Commission was called to order at 7:30 p.m. in the Commission Meeting
Room at 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
Lisa Gaw, Member
Nancy Scanlon, Alternate Member,
acting as a voting member.
The following member of the
Commission was absent:
Brian Smith, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
NEW
BUSINESS
1. Grant
Road
Member Sullivan recused herself.
The Commission received a letter from
Supreme Forest Products, dated October 27, 2014, Re: Notification of Timber Harvest on the
property of Kristine Sullivan, Grant and Lacey Road
Kristine Sullivan, owner of record, noted the
following:
·
This will be a selective timber
harvest.
·
No wetlands crossing.
·
Leaving stumps in place.
·
Will take less than a month to do
during winter months.
It was moved by Hathaway and seconded by
Gaw that it is the consensus of the Commission that there is no Inland Wetlands
action required for this activity and therefore, the Commission finds there
will be no adverse impact to any wetlands or watercourses.
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
2. 154
Sperry Road
No one present for this discussion.
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 Bill Ciola, applicant
and owner of record.
Some items noted by the Commission were:
- Applicant
submitted a revised set of plans dated October 24, 2014.
- Revised
plan shows a planting plan with a vegetated zone to protect the wetlands.
- Applicant
will not be pushing any material back from the wetlands.
- Diversified
Technology Consultants letter dated October 27, 2014, Item #5 requests
revised calculations for proposed drainage outfall pad.
- Contours
should be verified by Consulting Engineer.
Commission members discussed and proceeded to
deliberate.
It was
moved by Sullivan and seconded by Gaw to approve Application #1227 submitted by
William Ciola for a Site Plan Development for a 125-foot by 40-foot storage
building and associated site work in accordance with the following submitted
plans prepared by Nowakowski, O’Bymachow, Kane, Associates, Shelton,
Connecticut:
·
“Overall Site Plan”, dated August
15, 2013, revised to October 24, 2014.
·
“Detailed Site Plan”, dated
August 15, 2013, revised to October 24, 2014.
·
“Detail Sheet”, dated August 15,
2013, revised to October 24, 2014.
·
“Lighting and Landscaping Plan”,
dated August 13, 2014, revised to November 21, 2014.
and with
the following conditions including the standard conditions found on the Land
Records Volume 93, Page 802 and 803:
a)
Establishment
of the grading contours as shown on said plans with certification by the
Project Engineer that said contours are established or need be reestablished in
the field prior to planting.
b)
A
bond, acceptable and form of content acceptable to Town Counsel proposed by the
Project Engineer and reviewed by our Consulting Engineer (DTC) be submitted
prior to any other site work occurring on the property.
c)
The
maintenance schedule shall be revised to exclude the area where the high bush
blueberry bushes are being proposed to be planted that there shall be no use of
fertilizers and pesticides in that area due to potential impact on the
wetlands.
d)
Any
lighting installed shall be full cutoff and not extend into the wetland area.
The reason the
Commission approved this application is that if this plan is followed with the
subject conditions there should be adequate protection for the onsite wetlands
which are part of the public supply watershed.
Voting were:
Breslin, Sullivan, Gaw, Hathaway, Scanlon.
Unanimous approval.
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 again
with John Paul Garcia, P.E. and he prepared a revised plan.
- Footings
will be 3-feet deep and will be dug by hand.
Commission received a letter from Three
Saints Park, Nicholas Timpko, Director/Caretaker, dated November 19, 2014,
Re: Application to construct bridge
submitted by Joe Szewczyk at 112
Miller Road
Commission members discussed and proceeded to
deliberate.
It was
moved by Sullivan and seconded by Gaw to approve Application #1228 submitted by
Joseph Szewczyk for an Inland Wetlands Permit to construct a bridge and
clearing of an existing trail in accordance with the submitted plan dated
November 20, 2014, hand drawn in red pencil by John Paul Garcia, L.S./P.E. and with
the following conditions including the standard conditions found on the Land
Records Volume 93, Page 802 and 803:
a) When
the footings are dug, the Inland Wetlands Enforcement Officer shall be notified
and the digging shall be completed when the weather is dry.
b) Any
materials that are loosened shall be removed where they can erode into Hop
Brook and be removed out of the Floodplain Area.
The
reason the Commission approved this application is that based on the proposed
construction of the bridge there will be no ability for that bridge to move in
any flood conditions downstream and there will be no impact on the wetlands.
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
3. 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 –
Nancy Scanlon recused herself.
The
Commission officially accepted the petition submitted by James Seaton of 495
Bethmour Road and Barbara Wilson of 479 Bethmour Road, dated November 7, 2014,
Re: Application for Bethany Committee
Garden located at 90 Pole Hill Road with three pages of a petition to request a
public hearing and copies of colored maps numbered Map 1 through Map 16 from
the CT Environmental Conditions Online of the surrounding area.
The
Commission scheduled a public hearing for this application based on receipt of
a petition at the next regular Inland Wetlands Commission meeting scheduled for
Monday, December 22, 2014, at 8:00 p.m. in the Commission Meeting Room. Tabled.
4. 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.
The Commission visited the site and noted the
following:
- Excavation
done without a permit.
- Wall
erected in wetlands review area.
- Material
pushed down into pond.
- Need
vegetated buffer along pond. Should
not have lawn down to pond.
- Applicant
needs to obtain a landscaping reclamation plan by a professional on how
the area will be restored with plantings.
- The
Commission would like to review previous files and check what has been previously
approved. The Inland Wetlands
Enforcement Officer will prepare a timeline for the Commission to review.
- Applicant
is to not do any work on property until Commission comes to a decision.
The Commission continued the Show Cause Hearing and
will conduct a Work Session at 6:00
p.m. on Monday, December 22, 2014, before the regular meeting at 7:00 p.m. Tabled.
5. 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 Mrs.Gamsu, owner of record, and her landscaper, John.
The Commission visited the site and noted the
following:
- Clearing
close to Pine Brook.
- Concerned
with material getting into stream and polluting the stream.
- Applicant
needs to stabilize slope to control erosion going into wetland corridors.
- Applicant
should contact Southwest Conservation District to visit site and advice
what property owner could do.
- Slope
needs to stay seeded and sprouted.
- Where
pipe is located, need to redirect pipe and let water take natural course.
It was
moved by Sullivan and seconded by Gaw to maintain the order in effect (Cease
and Desist Order, dated October 22, 2014 to Mr. and Mrs. Charles Gamsu of 27
Pine Brook Crossing) as revised as follows:
A. The
property owner is required to submit a plan for reestablishing a permanent
vegetated cover from the southwest corner of the driveway going down to the
pasture and this plan is to be approved by the Inland Wetlands Commission and
planted in the first growing season.
B. During
the winter months, the property owner shall maintain the viability of the
erosion controls which are installed at the toe of the slope especially above
Pine Brook and that additional hay mulch and seed cover be put over the site
until permanent vegetation is reestablished on the entire regarded slope.
C. In
regard to the area to the north of the house where there has been a trench dug
and an intermittent water course piped into a stock water troth, that the said
pipe shall be removed immediately and the water be allowed to continue in its
natural flow towards the wetlands to the north.
D. Any
further work on the site shall be under the jurisdiction of this Commission,
not just the 150-foot wetlands upland review area which is a minimum.
E. Upon
revisiting the site after the corrected measures have been implemented and
appropriate cover has been reestablished, the Commission may lift the Cease and
Desist Order.
Voting were: Breslin, Sullivan, Gaw, Hathaway, Scanlon.
Unanimous
approval.
6. 22
Whippoorwill Lane, Application #1231 submitted by John Reilly improved driveway
drainage and created a backup area, introduced soil to enhance lawn and cleaned
existing downslope swale –
Present for this discussion was John Reilly,
applicant and owner of record.
Mr. Reilly submitted a Swale Stabilization Plan and
discussed with Commission.
Commission members proceeded to deliberate.
It was moved
by Sullivan and seconded by Hathaway to approve Application #1231 submitted by
John Reilly for an Inland Wetlands Permit to improve driveway drainage and
create a backup area, introduced soil to enhance lawn and clean existing
downslope swale in accordance with submitted plan entitled, “Swale
Stabilization Plan”, dated October 23, 2014, with no revisions, prepared by
Godfrey & Hoffman Associates, North
Haven , Connecticut
1) The
subject plan shall be revised to show the placement and details for a level
spreader at the end of the riprap drainage swale.
2) Any
crossing of that drainage swale for purposes of accessing the landing area is
crossed with a simple bridge of some sort to preserve the integrity of the
drainage swale.
3) Applicant
has our permission to begin the work.
The
reason the Commission approved this application is that based on it helping to
protect and preserve the water quality of the drainage way to the east that
crosses Whippoorwill Lane.
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
7. 35
Timber Lane
Present for this application was Mrs. Goncalves.
The Commission visited the site and noted the
following:
- Noticed
the pool in a different location then originally shown on approved plan.
- Soil
moved over closer to wetlands when constructing pool.
- Gazebo
to be removed for new driveway location.
Commission members discussed and proceeded to
deliberate.
It was
moved by Sullivan and seconded by Gaw to approve Application #1232 submitted by
Octavio Goncalves for an Inland Wetlands Permit for an additional garage and to
move driveway in accordance with the submitted plan entitled, “Proposed
addition”, dated November 28, 2013, revised to October 17, 2014, prepared by
D’Amico Associates, Oxford, Connecticut, and with the following conditions
including the standard
conditions found on the Land Records Volume 93, Page 802 and 803:
1) The
Inland Wetlands Enforcement Officer with the homeowner shall determine the
50-foot wetlands setback area as shown on the plan.
2) Reestablish
the grades that are shown on the plan and reestablish that grade with a
permanent vegetated cover.
3) A bond of
$2,500.00 and in a form acceptable to Town Counsel to ensure that the area is
pulled back and reestablished.
The
reason the Commission approved this application is that based on the conditions
above being completed the onsite and adjacent wetlands should be protected from
any adverse impacts.
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
8. Revisit site
in November the continue discussion regarding road and overland run-off
across 37 Hilltop Road
9. Discussion regarding Bethany West
clearing. (Letter from Roman Mrozinski
of the
Southwest Conservation District) – Tabled.
10. 185
Beacon Road
Tabled.
11. Discussion in regard to amendments to
the Inland Wetlands Regulations per State
of
CT – Public hearing scheduled
for Monday, January 26, 2014, at 8:00 p.m.
Tabled.
APPROVAL
OF MINUTES
1. It
was moved by Gaw and seconded by Scanlon to approve, as submitted, the minutes
of the Monday, October 27, 2014, Regular Meeting.
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
2. It
was moved by Gaw and seconded by Scanlon to approve, as submitted, the minutes
of the Sunday, November 16, 2014, Special Meeting/Site Visit.
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
BILLS
1) It
was moved by Sullivan and seconded by Gaw to approve the payment of $165.00 to
Diversified Technology Consultants for professional services for the review of 10 Round Hill Road
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
CORRESPONDENCE
2. Letter from
Nancy McCarthy, Town Clerk, dated November 15, 2014, Re: Request for regular meeting schedule for 2015
with attached draft of 2015 Regular Meeting Schedule prepared by clerk.
It was moved by Sullivan and seconded by
Scanlon to accept and approve the proposed schedule of regular meetings for the
Inland Wetlands Commission prepared by the Clerk from January 2015 to January
2016.
Voting
were: Breslin, Sullivan, Gaw, Hathaway,
Scanlon.
Unanimous
approval.
3. LLetter
from Three Saints Park, Nicholas Timpko, Director/Caretaker, dated November 19,
2014, Re: Application to construct
bridge submitted by Joe Szewczyk at 112
Miller Road
4. Letter
from James Seaton of 495 Bethmour Road and Barbara Wilson of 479 Bethmour Road,
dated November 7, 2014, Re: Application
for Bethany Committee Garden located at 90 Pole Hill Road with three pages of a
petition to request a public hearing and copies of colored maps numbered Map 1
through Map 16 from the CT Environmental Conditions Online of the surrounding
area.
5.
Email
from Russ Direnzo, dated November 4, 2014, Re:
74 Amity Road
PUBLICATIONS
AND WORKSHOPS
1. Copy
of the Registry of Soil Scientists for 2014.
2. Association
of Zoos & Aquariums, Frog Watch USA, 2014 End of Season Newsletter, October
2014. Clerk to put on agenda for next
month regular meeting for discussion.
3. Connecticut
ENFORCEMENT
OFFICER REPORTS – Tabled.
SCHEDULE SITE
VISITS – None
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 9:30 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands
Commission
