Friday, May 1, 2015





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




·         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.




1.      83 Beacon Road, Preliminary discussion with Julia Novitski


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. by the Association of Zoos and Aquariums -


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.





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.




3.      154 Sperry Road, Discussion regarding pond on property 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



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.










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.




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.











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