MINUTES OF THE BETHANY
INLAND WETLANDS COMMISSION REGULAR MEETING OF TUESDAY, MAY 26, 2014
Page 1 of 7
The regular meeting of the Inland
Wetlands Commission was called to order at 7:34 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, arrived at
7:37 p.m.
Kristine Sullivan, Vice-Chair
Brian Smith, Member
Roger Hathaway, 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
NEW
BUSINESS
1) Discussion
with Derek Iwaszkiewicz regarding 43 and 53 Atwater Road
–
Present for this discussion was Derek Iwaskiewicz, property.
In discussion, Mr. Iwaskiewicz noted the following:
·
Started the planning of
remediation on the property.
·
Hired a firm to come up with a
remediation plan.
·
Licensed firm will do testing and
some in the wetlands.
·
Will be going to State of CT Department
of Energy and Environmental Protection.
·
Depending on testing results on
contamination, we will put together some development plan that would be allowed
on this property. Possible single family
development, farming, or greenhouses.
In discussion, Commission members noted:
·
Years ago, this property was
being considered for development.
·
There was a report done by Spath
Bjorklund Associates regarding the contamination.
·
So much lead shot in the land
that the idea of developing was abandoned.
·
Tried to think of ways to develop
the property but determined that trying to remove the lead would destroy what
was there.
·
May have some Inland Wetlands
files that may assist property owner.
It was moved by Scanlon and seconded by Smith to add
to the agenda of the May 26, 2015 Regular Meeting, Application #1240 submitted
by Peter Verab for an Inland Wetlands Permit to plant trees and shrubs and
mulch with woodchips located at 93 Peck Road.
Voting
were: Sullivan, Smith, Hathaway,
Scanlon.
Unanimous
approval.
2) 93 Peck Road,
Application #1240 submitted by Peter Verab for an Inland Wetlands Permit to
plant trees and shrubs with woodchips –
Present for this discussion was Mr. Peter Verab,
property owner and applicant. Mr. Verab
stated he was planting trees and shrubs and spreading mulch to suppress weeds when
a neighbor complained. Also, Mr. Verab stated
the trees and shrubs are for his business use, which is a nursery, and he will
be cutting off the trees and shrubs for his Christmas wreaths.
In review and discussion, it was the consensus of
the Inland Wetlands Commission that Peter Verab’s property at 93 Peck Road is a
nursery and the trees and shrubs he is planting is technically a crop,
therefore the activity proposed to plant trees and shrubs with woodchips does
not require an application by this Commission.
OLD BUSINESS
1.) Raccio Road, Application
#1234, submitted by the Town of Bethany for an Inland Wetlands Permit to remove
and replace drainage system including catch basin’s and outfalls and reclaim
road –
No one was present to speak on behalf of this
application. In discussion, Acting Chair
Sullivan stated the property was field checked with Al Green, Public Works
Director and Paul Crotta on May 8, 2015.
It was moved Smith and seconded by Breslin to deny,
without prejudice, Application #1234 submitted by the Town of Bethany to remove
and replace drainage system including catch basins and outfalls and reclaim
road, unless the Town of Bethany grants an extension of time (65 days) to act
on said application so that the Inland Wetlands Commission can review further.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
The Commission would like to meet with their
Consulting Engineer, Diversified Technology Consultants, at Raccio Road to
discuss an alternative as to what is being proposed by the Town.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting adjourned to Monday, June 22, 2015. Tabled.
2.)
Emerald
Lane, Application #1235, submitted by the Town
of Bethany for an Inland Wetlands Permit to remove and replace drainage system
including catch basin’s and outfalls and reclaim road –
No one present to speak on behalf of this
application. Commission members
discussed and proceeded to deliberate.
It was moved by Breslin and seconded by Smith to
approve Application #1235 submitted by the Town of Bethany for an Inland
Wetlands Permit to remove and replace drainage system including catch basins
and outfalls and reclaim the road in accordance with the submitted plan
entitled, “Rolling Green Acres”, dated August 23, 1973, with hand drawn
revisions submitted March 20, 2015 by the Director of Public Works, Town of
Bethany. In addition, this permit is subject to the
standard conditions found on the Land Records Volume 93, Page 802 and Page 803.
If
the project is developed in accordance with the plans submitted by the Town of
Bethany, there will be no adverse impact on the adjacent wetlands which are
part of the Hop Brook wetlands.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
3.)
Schaffer Road
(from Pole Hill Road to sharp turn),
Application #1236, submitted by the Town of Bethany for an Inland Wetlands
Permit to widen and upgrade road, improve drainage and tree removal –
No one present to speak on behalf of this
application. Commission members
discussed and recalled a previous approval for this activity on Schaffer
Road. The file was found for Application
#1214 which was approved on March 24, 2014.
The Commission did not take action and asked the clerk to obtain a
withdrawal letter for this application from the Town of Bethany.
4.)
Bethmour Road
(from Luke Hill Road to Pole Hill Road,
Application #1237, submitted by the Town of Bethany for an Inland Wetlands
Permit to remove and replace drainage system including catch basin’s and
outfalls and reclaim road –
No one present to speak on behalf of this
application. Commission members
discussed and recalled a previous approval for this activity on Bethmour
Road. The file was found for Application
#1191 which was approved on December 17, 2012.
The Commission did not take action and asked the clerk to obtain a
withdrawal letter for this application from the Town of Bethany.
5.)
53
Judd Hill Road, Application #1238 submitted by Artur and Elizabeth Carreira for
an Inland Wetlands Permit for a residential site development and pool
–
Present for this discussion was Fred D’Amico, P.E.
of D’Amico Associates, Oxford, Connecticut, representing the applicants, Artur
and Elizabeth Carreira, who were also present.
In discussion, Mr. D’Amico noted:
·
Plans have been revised to
address the outlets for the footing and roof drains to drain outside the
restricted easement.
·
Footing and roof drains separate
as required so they don’t clog.
·
There is 50-foot flexible
clearing around the house which is shown on the original approval.
Residents present from the area were:
·
Susan Bradford of 825 Amity Road
(abutting neighbor to south). Commission
received an email from
Susan Bradford of 825 Amity Road, dated May 14, 2015, Re: Concerns regarding application for 53 Judd
Hill Road. Ms. Bradford wants to make
sure this activity is in compliance with what was previously approved for the
subdivision.
·
Mark Scott of 49 Tuttle Court
(abutting neighbor to north).
In discussion, Commission members noted:
·
Need approval from Quinnipiack
Valley Health District.
·
Engineer needs to revise plans to
show limits of clearing and stonewall and submit a copy of the Quinnipiack
Valley Health District approval.
·
Need this information to make
decision.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting adjourned to Monday, June 22, 2015. Tabled.
6.)
185
Downs Road, Application #1239 submitted by Nicholas Zito, Forester from
Regional Water Authority, for an Inland Wetlands Permit for a timber harvest
–
No one was present to speak on behalf of this
application. Commission members
discussed and proceeded to deliberate.
It was moved by Smith and seconded by Sullivan to
approve Application #1239 submitted by Nicholas Zito, Forester from SCC
Regional Water Authority, for an Inland Wetlands Permit for a timber harvest
with stream crossings in accordance with the submitted plans entitled “Notification
of Timber Harvest” dated January 5, 2015, and other pertinent application
information.
Based on the plans submitted and due to
the use of the bridges as the brook crossings, which will be temporary, there
should be no adverse impact on the wetlands.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
7.)
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
–
No
one present to speak on behalf of this activity.
The
Commission received a report entitled, “Biological Assessment Report, 10
Northrup Road”, dated May 19, 2015, prepared by Evans Associates Environmental
Consulting, Inc., Bethany, Connecticut.
Member
Scanlon noticed that more work was being done at the site.
Commission
members reviewed report and discussed.
The Commission directed the Inland Wetlands Enforcement Officer to
prepare a letter to send to Mr. Patel stating he needs to make an application
including all the recommendation that are in the report entitled, “Biological
Assessment Report, 10 Northrup Road”, dated May 19, 2015, prepared by Evans
Associates Environmental Consulting, Inc., Bethany, Connecticut. Also, Mr. Patel needs to completely
understand that no work is to be done on the site and if any work is done, he will
immediately be fined for the violation of the Cease and Desist Order dated
December 26, 2014.
Also,
the Commission would like the IWEO to take photos so that the Inland Wetlands
Commission can show that work is being done with Cease and Desist in place. Tabled.
8.)
Revisit
site in November the continue discussion regarding road and overland run-off
across
37 Hilltop Road (DeCesare) down to Route 69
-
Property owner still in violation with Zoning for
constructing a building without permit.
The Commission will continue to monitor the runoff. Tabled.
9.)
Discussion
regarding Bethany West clearing. (Letter
from Roman Mrozinski of the
Southwest Conservation District) – Tabled.
10.)185 Beacon
Road, Discussion with Daniel Cusano regarding non-permitted barn
–
Tabled.
OTHER
BUSINESS
27
Pine Brook Crossing (Gamsu Property)
Present for this discussion was John
Kirkham of British Botanicals. Mr.
Kirkham submitted a letter, proposal of work and photographs dated May 8, 2015.
In discussion, Mr. Kirkham noted:
·
Pipe has been removed as
recommended in Revised Cease and Desist Order, dated February 6, 2015, and
installed some rip rap.
·
Have been maintaining a grassy
vegetative cover on slope.
·
Would like to plant pine trees.
The Commission stated any further site
work on property is under the jurisdiction of the Inland Wetlands Commission
and the Commission recommended an application be submitted with a hand drawn
plan for the proposed activity as listed in Mr. Kirkham’s letter dated May 8,
2015.
Mr. Kirkham asked if the Cease and
Desist order had been satisfied. The
Commission stated that in the Cease and Desist Order #5 states that vegetation
must be established and present for two growing seasons and this has not
happened. The Commission recommended to
Mr. Kirkham that he could plant more grass and trees but the Commission would
need two growing seasons to determine if the site is permanently stable and
after two growing seasons the Commission would walk the property again.
APPROVAL
OF MINUTES
1. It
was moved by Smith and seconded by Breslin to approve, as amended, the minutes
of the Monday, April 27, 2015, Regular Meeting.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
2. It
was moved by Breslin and seconded by Sullivan to approve, as submitted, the
minutes of the Friday, May 8, 2015, Special Meeting/Site Visit.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
BILLS
1. It
was moved by Smith and seconded by Scanlon to approve the payment of an invoice
dated April 29, 2015 from Diversified Technology Consultants, Hamden, Connecticut
for $275.00 for professional services through April 4, 2015 – 12 Pleasant
Drive.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
2. It
was moved by Smith and seconded by Scanlon to approve the payment of an invoice
dated May 20, 2015 from Diversified Technology Consultants, Hamden, Connecticut
for $110.00 for professional services from April 5, 2015 to May 2, 2015 – 12
Pleasant Drive.
Voting
were: Breslin, Sullivan, Smith,
Hathaway, Scanlon.
Unanimous
approval.
CORRESPONDENCE
1. Letter from the
SCC Regional Water Authority, dated May 19, 2015, Re: Comments on review of application for RWA
Timber Harvest, 185 Downs Road.
2. Email from Susan
Bradford of 825 Amity Road, dated May 14, 2015, Re: Concerns regarding application for 53 Judd
Hill Road.
3. Biological
Assessment Report, 10 Northrup Road, dated May 19, 2015 prepared by Evans
Associates Environmental Consulting, Inc.
4. Email from
Isabel Kearns, IWEO, to British Botanicals, dated May 12, 2015, Re: Gamsu Property, 27 Pinebrook Crossing, Cease
and Desist Order.
5. Letter
from Isabel Kearns, IWEO, to Jun Zhai and Junjira Sookvaree of 78 Mesa Drive, dated
May 18, 2015, Re: Beaver dam located on
your property at 78 Mesa Drive.
PUBLICATIONS
AND WORKSHOPS
1. Municipal
Inland Wetlands Agency Continuing Education Workshop: Legal and Administrative Updates.
2. The
Habitat, A newsletter of the Connecticut Association of Conservation &
Inland Wetlands Commissions, Inc., Spring 2015.
ENFORCEMENT
OFFICER REPORTS – Tabled.
SCHEDULE SITE
VISITS –
No site visits scheduled.
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by Smith and
seconded by Hathaway to adjourn the regular meeting at 9:15 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Inland Wetlands
Commission
