MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, FEBRUARY 23, 2015                                          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 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

         Brian Smith, Member      

 

The following member of the Commission was absent:

         Lisa Gaw, Member

         Roger Hathaway, Member

         Nancy Scanlon, Alternate 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 –

 

At 8:14 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 continuation.   

 

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:

A.    Exhibit 2A – Email from Maureen Baldino of 504 Carrington Road, dated January 20, 2015, Re:  Support for Bethany Community Garden.

B.     Exhibit 2B - Letter from Bruce Loomis, Sabrina Drive, dated February 4, 2015, Re:  Joint letter regarding proposed Community Garden on Pole Hill Road.

C.     Exhibit 2C -Email from Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re:  Community Garden.

D.    Exhibit 2D - Email from Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re:  Community Garden.

E.     Exhibit 2E – Submitted by Mary Ellen Unger, copy of Bethany Community Garden Rules.

F.      Exhibit 2F – Copy of speech given by James Seaton of 485 Bethmour Road.

 

Commission member’s field inspected the property on November 16, 2014, and looked at proximity to wetlands, woodlands surrounding the site, and observed the quality of soils.

 

Present to speak on behalf of the application was Mary Ellen Unger of 82 Russell Road and Chairman of the Bethany Community Garden Committee.  Ms. Unger presented an overview of her credentials and that of the members of the Bethany Community Garden Committee.          Ms. Unger then continued with a review of the packet submitted October 27, 2014 (Exhibit 1B).

 

Ms. Unger feels the bylaws were designed to protect the wetlands and does not feel the amount of water that will be taken from the pond will impact the wetlands.

 

Chair Brinton asked if anyone from the public would like to speak for the application or against the application.  The following public individuals spoke:

·         James Seaton of 485 Bethmour Road.

·         Rob White of 579 Bethmour Road.

 

In discussion, Commission members noted:

·         This hearing is being conducted due to a petition submitted.

·         It is only when the Commission determines on its own that a public hearing is required that there is a feasible and prudent alternative.

·         Mr. Seaton would like to submit an item for the hearing record.

·         King’s Mark Report (Exhibit 1G in record) has a soils map on Page 10 and it is showing that the entire portion of the parcel that abuts Pole Hill Road is upland soil.

·         Bylaws included in packet submitted. (Exhibit 1B)

 

At 9:00 p.m., Chair Breslin closed the oral part of the public hearing and will keep the public hearing record open solely to receive a written document from James Seaton of 485 Bethmour Road.  Tabled.

 

·         Proposed revisions of the “Town of Bethany Inland Wetlands and Watercourses Regulations” –

 

At 8:04 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.   

 

The Commission stated the Regulations proposed are due to the State statutes that change every year and the Town must comply with them.

 

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:

1.      Exhibit 1A - Letter from Department of Energy & Environmental Protection, dated December 19, 2014, Re:  Proposed Amendments to Inland Wetlands And Watercourses Regulations with attached material.

 

No transmission letter to the Bethany Town Clerk. 

 

At 8:13 p.m., Chair Breslin closed the public hearing and the clerk will re-notice the public hearing for the regular meeting of April 27, 2015, so that the Town Clerk is noticed.

 

NEW BUSINESS

 

1.      185 DOWNS ROAD, Timber Harvest, Jurisdictional Ruling –

 

Present for this discussion was Nick Zito, representative from the SCC Regional Water Authority, Forestry Department.

 

Chair Breslin mentioned that she represents the Town of Bethany on the Representative Policy Board of the SCC Regional Water Authority Board.

 

Mr. Zito submitted a Notification of Timber Harvest, dated January 5, 2015, which included maps.  Commission members reviewed.

 

Mr. Zito noted the following:

·         Timber harvest has been put out to bid and awarded.

·         Access road just north of power lines.

·         Six intermittent wetland crossings.

·         Gas line crossing.

·         All crossing flagged out. 

 

In discussion, Commission members noted:

·         The only jurisdiction the Commission has is the crossings.  Any details for the crossings.

·         Concerned with timing of the logging which will be critical.

·         Would like to investigate previous records for timber harvests in Bethany and whether applications were filed.

·         Commission would like to consider site walk.

Tabled.

 

 

2.      12 PLEASANT DRIVE, Application #1233 submitted by SFM Storage, LLC – Jason Cogle for the construction of truck storage building –

 

The Commission formally received the application.  Present to speak on behalf of this application was Jason Cogle, applicant.

 

Mr. Cogle noted the following:

• Delivers indoor plants.
• Need place to park the trucks.
• Would use half of building and rent out the other half of building.
• No truck maintenance.
• High water table on property.  Submitted drainage calculations.

 

 

In discussion, Commission members noted:

• High water table on property.
• Refer plans and drainage calculations to consulting engineer for review.
• IWEO to review previous record of property as to what was approved.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, March 23, 2015.  Tabled.

 

3.      Discussion with Anthony Vallillo regarding 788 Amity Road, Inland Wetlands Permit #1204 Special Condition D –

 

Present for this discussion was Anthony Vallillo, property owner.  Mr. Vallillo stated he was asking for a waiver of Condition D of Permit #1204 approved November 25, 2013, which reads “The Project Engineer shall provide a bond estimate for the site development, storm drainage and ponds.  Said bond shall be reviewed and approved by the Town Engineer.

 

Commission members discussed and stated this would not be in effect until work commences.

No action taken.

 

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 closed.

 

2.      Proposed revisions of the “Town of Bethany Inland Wetlands and Watercourses Regulations” – Public hearing closed.

 

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 – Tabled until March 2015.

 

4.      154 Sperry Road, Discussion with applicant regarding pond on property – No one present.  IWEO stated the applicant would like to be removed from agenda re: pond is sinking in and will get plans and come back.

 

5.      Discussion regarding Frog Watch U.S.A. by the Association of Zoos and Aquariums – Tabled.

 

6.      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.

 

7.      Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the

Southwest Conservation District) – Tabled.

 

8.      185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –

Tabled.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the Monday, December 22, 2015, Special Meeting/Work Session.

Voting were:  Breslin, Sullivan, Smith.

Unanimous approval.

 

2.      It was moved by Smith and seconded by Sullivan to approve, as submitted, the minutes of the Monday, December 22, 2015, Regular Meeting.

Voting were:  Breslin, Sullivan, Smith.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Email from Maureen Baldino of 504 Carrington Road, dated January 20, 2015, Re:  Support for Bethany Community Garden.

2)      Letter from Bruce Loomis, Sabrina Drive, dated February 4, 2015, Re:  Joint letter regarding proposed Community Garden on Pole Hill Road.

3)      Email from Judith Hsiang of 204 Falls Road, dated February 9, 2015, Re:  Community Garden.

4)      Email from James Hsiang of 204 Falls Road, dated February 10, 2015, Re:  Community Garden.

5)      Letter from Department of Energy & Environmental Protection, dated December 19, 2014, Re:  Proposed Amendments to Inland Wetlands And Watercourses Regulations with attached material.

6)      Notification of Timber Harvest, dated January 5, 2015, located at 185 Downs Road.

7)      Memo from Isabel Kearns, IWEO, dated January 22, 2015, Re:  Comments on review of plans for site development located at 12 Pleasant Drive.

8)      Letter from Ron Walters, RWA, dated January 30, 2015, Re:  Comments on review of Application #1233, 12 Pleasant Drive, truck storage building.

9)    Request for preliminary discussion regarding pond.

10)  Letter from Isabel Kearns, IWEO, to Bitina Patel of 10 Northrop Road, dated December 26, 2014, Re:  Modified Cease and Desist Order for 10 Northrop Road.

11)  Email from Beth Evans, Evans Associates Environmental Consulting, Inc., dated February 6, 2015, Re:  10 Northrup Road, Patel Property.

12)  Letter from Bruce Loomis, Chairman of the Conservation Commission, dated January 26, 2015, Re:  Frog Watch USA.

13)  Letter from Isabel Kearns, IWEO, to Linda Decesare of 37 Hilltop Road, dated January 20, 2015, Re:  Notice of Violation, outbuilding without necessary permits.

14)  Letter from NHB & Associates LLC, dated January 15, 2015, Re:  53 Atwater Road, classify land as farm land.

15)  Letter from Isabel Kearns, IWEO, to Mr. & Mrs. Charles Gamsu of 27 Pine Brook Crossing,  dated February 6, 2015, Re:  Revised Cease and Desist Order for 27 Pine Brook Crossing.

 

 

PUBLICATIONS AND WORKSHOPS

 

1)      Connecticut Land Use Law Seminar, Saturday, March 21, 2015, Wesleyan University.

2)      Connecticut Wildlife, November/December 2014.

3)      Email from Larry Marsicano, Candlewood Lake Authority, dated February 10, 2015, Re:  Connecticut Federation of Lakes Annual Meeting on April 15, 2015.

4)      The Habitat, A newsletter of the Connecticut Association of Conservation & Inland Wetlands Commissions, Winter 2015.

 

 

 

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 9:10 p.m.

Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission