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 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
Brian Smith, Member
Nancy Scanlon, Alternate Member seated
as a voting member
The following member of the
Commission was absent:
Lisa Gaw, Member
Also present was:
Isabel Kearns, Inland Wetlands Enforcement Officer
PUBLIC
HEARING
·
90 Pole Hill
Road, Application #1230 submitted by Bethany Community Garden Committee to
locate Community Garden, removal of selective trees, and use of pond for
irrigation purposes –
Member
Nancy Scanlon recused herself and left the room.
At
8:05 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. Chair Breslin briefly reviewed the process of
the public hearing, introduced the Commission members and Staff and presented
an introduction of the responsibility of the Inland Wetlands Commission’s to
protect the wetlands.
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
– Application #1230 submitted by the Bethany Community Garden Committee for
90 Pole Hill Road, Removal of selective trees and location of community
garden and use of pond for irrigation of garden.
- Exhibit
1B
– Packet of 13 pages entitled Bethany Community Gardens Let’s Grow,
submitted October 17, 2014, submitted by applicant.
- Exhibit
1C
– Required notice of Mailing Certification to abutting property owners
regarding application for Community Garden, dated October 20, 2014.
- Exhibit
1D
– Copy of map from the Town of Bethany Geographic Information System
showing the areas of tree removal, dated October 17, 2014.
- Exhibit
1E
– Letter from James Seaton and Barbara Wilson dated November 7, 2014,
Re: Objection to propose use of 90
Pole Hill Road for the Community Garden also included the following
copies
of colored maps numbered Map 1 through Map 16 from the CT Environmental
Conditions Online entitled as follows:
#1 – Farmland
Soil Map
#2 – Hydric Soil
Map
#3 – Inland
Wetlands Map
#4 – Drainage
Map
#5 – Airport
Farmland Map
#6 – Airport
Hydric Soil Map
#7 – Airport
Inland Wetlands Soil Map
#8 – Airport
Soil Drainage Map
#9 – Pole Hill
vs Peck Pond Farmland Soil Map
#10 – Pole Hill
vs Peck Pond Hydric Soil Map
#11 – Pole Hill
vs Peck Pond Inland Wetlands Soil Map
#12 – Pole Hill
vs Peck Pond Soil Drainage Map
#13 – Veteran’s
Park Farmland Soil Map
#14 – Veteran’s
Park Hydric Soil Map
#15 – Veteran’s
Park Inland Wetlands Soil Map
#16 – Veteran’s
Park Drainage Map
- Exhibit
1F
– Copy of Notice of Public Hearing posted in New Haven Register, dated
December 8, 2014.
- Exhibit
1G
– Copy of King’s Mark Environmental Review Team Report entitled, “Pole
Hill Road Town Owned Parcel, Bethany, Connecticut”, dated October 1994.
The
Commission noted the applicant did not send notice to the abutting property
owners regarding the public hearing date as required in the Inland Wetlands
Regulations Section 9.2. Due to the
absence of this notice, the public has not been informed and the public hearing
will be recessed and continued to the next regular meeting on January 26, 2015.
At
8:22 p.m., Chair Breslin recessed the public hearing and continued it to the
next regular meeting on Monday, January 26, 2015, in the Commission Meeting
Room. Tabled.
NEW
BUSINESS
1. 83
Beacon Road
Present for this discussion was Julia Novitski,
owner of record. Ms. Novitski would like
to subdivide property and was engaging the Commission on how to proceed. The Commission suggested Ms. Novitski obtain
a professional engineer to review the Inland Wetlands Regulations that have
been revised before proceeding.
Also, it was mentioned by the owner of record at
this discussion that drains have been installed in the existing driveway. The Commission would like the Inland Wetlands
Officer to inspect the site for these drains and report back to the Commission.
2. Discussion
regarding Frog Watch U.S.A.
It was the consensus of the Inland Wetlands
Commission to draft a letter to the Conservation Commission, the Bethany
Community School and the Amity Junior High to suggest to them about getting
involved in the FrogWatch USA Monitoring online, as shown in Newsletter from
the Association of Zoos & Aquariums, dated October 2014. Isabel Kearns, IWEO, will draft letter. It was also suggested to put an article in
the Bethany Bulletin regarding the FrogWatch USA. Tabled.
OLD BUSINESS
1. 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 –
Public hearing continued to the next regular meeting
on January 26, 2015.
2. 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, prepared a Chronology of Events
for the property located at 10 Northrop Road.
Commission members reviewed.
The Commission noted the following:
- 2006
and 2013 photographs show that stone wall was not subject of last permit.
- Erosion
and sedimentation controls needed along the pond.
- Site
needs to be stabilized.
- Need
review by Engineer.
- Determine
impact to pond.
- No
more work to be done on property.
Commission members discussed and proceeded to take
action.
It was moved by Sullivan and seconded by Scanlon to
modify the Cease and Desist Order, dated October 21, 2014, regarding 10
Northrop Road as follows:
- The property owner is
required to submit a report from a biologist and an engineer regarding the
work that has been done to date without benefit of a permit so that the
Commission can have our consultants review and advise the Commission.
- The erosion controls that have
been placed, the silt fence and hay bales to protect sediment from getting
in pond, be maintained until further action is taken by this Commission in
terms of restoration or if a permit is submitted for the Commission’s
consideration.
- If any other activity occurs
on this site, the Commission will immediately go to the fine system that
is in place with the Town of Bethany.
- Applicant must submit a
complete application outlining what it is they are proposing to do
complete with environmental review and engineering for submission and
receipt at the Commission’s regular meeting on March 23, 2015.
- Failure to submit that
application by that date shall result in the modification to a complete
restoration plan.
Voting were:
Breslin, Sullivan, Smith, Hathaway, Scanlon.
Unanimous
approval.
The Commission requested the IWEO visit site,
inspect the site and document with photographs and documentation and advise the
Commission of the state of the sedimentation and erosion controls as how stable
the controls are for the winter and if there is anything else needed to be done
to insure no material will be moving into the pond. The IWEO needs to conduct a weekly drive by
to the site to insure that no work is being done.
Tabled.
3. 154 Sperry
Road, Discussion regarding pond on property – No
one present. IWEO to send letter to applicant. Tabled.
4. Revisit site
in November the continue discussion regarding road and overland run-off
across 37 Hilltop Road (DeCesare) down to Route 69
- Commission will revisit site. No date scheduled. 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 – Public hearing scheduled
for Monday, January 26, 2015, at 8:00 p.m.
Tabled.
APPROVAL
OF MINUTES
1. It
was moved by Scanlon and seconded by Smith to approve, as submitted, the minutes
of the Monday, November 24, 2014, Regular Meeting.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
BILLS
1) It
was moved by Sullivan and seconded by Hathaway to approve the payment of $110.00
to Diversified Technology Consultants for professional services for the review
of 10 Round Hill Road in a bill dated December 11, 2014.
Voting were: Breslin, Sullivan, Smith, Hathaway, Scanlon.
Unanimous approval.
2)
It
was moved by Sullivan and seconded by Scanlon to approve the payment of $105.00
for recording services rendered at the public hearing held on December 22,
2014, (90 Pole Hill Road) by Anne Sohon.
Voting were: Breslin, Sullivan, Smith, Hathaway, Scanlon.
Unanimous approval.
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 Smith to adjourn
the regular meeting at 8:35 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands
Commission
