Monday, December 14, 2015


 

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, OCTOBER 26, 2015                                          Page 1 of 7

The regular meeting of the Inland Wetlands Commission was called to order at 7:30 p.m. in the Commission Meeting Room of 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

         Nancy Scanlon, Alternate Member, seated as a voting member

 

The following members of the Commission were absent:

         Lisa Gaw, Member

         Brian Smith, Member

 

Also present was:

         Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS

 

1)      254 Carrington Road, Application #1253 submitted by Dawn and Jordan Stark for an Inland Wetlands Permit to rebuild a barn

 

The Commission formally received the application.  Present to speak on behalf of this application was Dawn Stark, applicant and owner of record.  

 

Mrs. Stark briefly reviewed the proposed project and noted in discussion:

·         The 150 year old barn collapsed and we would like to rebuild.

·         Will be able to build in same footprint.

·         Size of barn is 45 feet by 24 feet with a 10 foot by 45 foot crushed stone apron.

·         There will be no water supply.

·         Husband will use barn for his existing leather business.

 

In discussion, Commission members noted:

·         No wetlands on property.  The wetlands are further into abutting property.

·         When digging would like material to stay in same area and not disturb any other area.

·         Will need erosion controls.

·         Commission would like to visit site.

·         Commission would like applicant to mark up plan and show where material for digging footings will be stored and show rough area where material is to be spread.

 

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

 

 

 

 

 

 

2)      99 Round Hill Road, Application #1254 submitted by Hunter Freeman for an Inland Wetlands Permit to construct a driveway

 

The Commission formally received the application.  Present to speak on behalf of this application was Alan Shepard, P.E., of Nowakowski, O’Bymachow and Kane, representing the Freemans’. 

 

Mr. Shepard briefly reviewed the proposed project and noted in discussion:

·         Two existing building lots located in Woodbridge but need to access through Bethany.

·         Would like to put driveway on ridge of brook.

·         Need to get access to build house in back located in Woodbridge.

·         Was a driveway years ago that served a cottage but was removed from Land Records.

 

In discussion, Commission members noted:

·         No wetlands crossing.

·         Wetlands were flagged two or three years ago.

·         Will be sending to Consulting Engineer for review.

·         Commission would like to visit site.

·         Would like to have driveway staked for site visit.

 

Mr. Peter Sulkis of 81 Round Hill Road submitted and addressed his email dated October 22, 2015, with his concerns regarding the impact this application will have on his property.

 

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

 

 

OLD BUSINESS

 

1.      10 Northrop Road, Application #1245 submitted by Douglas Kycia, Landscape Architect for an Inland Wetlands Permit for Upland Area Mitigation Plan

 

No one was present for this application.  Isabel Kearns, IWEO, stated the property owner has hired John Paul Garcia & Associates to prepare the plan needed for the Commission.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

2.      94 Downs Road, Application #1247 submitted by Dennis and Patricia Colwell for an Inland Wetlands Permit to fill an existing drainage swale

 

Present to speak on behalf of this application was Dennis Colwell, applicant and owner of record.         

 

The Commission will revisit the property after a significant rainfall to make determination.  The Commission will schedule a site visit.

 

Mr. Colwell submitted an extension of 65 days to act on this application.

 

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

 

 

3.      122 Valley Road, Application #1248 submitted by Nicholas Zito, of the Regional Water Authority, for an Inland Wetlands Permit for a timber harvest

 

Chair Breslin recused herself.

 

No one was present to speak on behalf of this application.

 

Steve Gombos of 292 Amity Road was present to address his concerns in regard to the timber harvest.

 

Commission members discussed and proceeded to deliberate. 

 

It was moved by Scanlon and seconded by Hathaway to approve Application #1248 submitted by Nicholas Zito, Forester from the South Central Connecticut Regional Water Authority, for an Inland Wetlands Permit for a timber harvest located at 122 Valley Road in accordance with the application materials submitted entitled, “Notification of Timber Harvest” dated August 19, 2015, prepared by Nicholas Zito, Certified Forester.  This approval is based on the fact that if the applicant follows all the procedures as presented in the application there will be minimal or no impact on the wetlands.

Breslin recused herself.

Voting for:  Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

 

4.      75 Country Lane, Application #1249 submitted by Andi Kambo for an Inland Wetlands Permit

 

Present to speak on behalf of the application was Andi Kambo, applicant and owner of record.

 

Commission members discussed and proceeded to deliberate. 

 

It was moved by Sullivan and seconded by Scanlon to approve Application #1249 submitted by Andi Kambo for an Inland Wetlands Permit for a residential site development located at 75 Country Lane in accordance with the following submitted plans prepared by Land-Data Engineers, Waterbury, Connecticut:

A.    “Site Plan”, dated August 24, 2015, revised to September 28, 2015, Sheet 1 of 2.

B.     “Construction Details and Notes” dated September 28, 2015, with no revisions,    Sheet 2 of 2.

 

This approval is based on the fact that if the site plans are followed as shown, there should be minimal or no adverse impact on the wetlands which are offsite but downslope.

Voting for:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

 

5.      116 Old Amity Road (Country Companions), Application #1250 submitted by Kim McClure Brinton for an Inland Wetlands Permit for an addition to the existing building

 

Present to speak on behalf of the application was Kim McClure Brinton, applicant and owner of record.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Scanlon to approve Application #1250 submitted by Kimberly McClure Brinton for an Inland Wetlands Permit to construct an addition to the existing building located at 116 Old Amity Road (Country Companions) in accordance with the following submitted plan prepared by Rob White Architect LLC, Bethany, Connecticut:

A.    “Project Info. And Site Plan”, dated September 21, 2015, with no revisions, Sheet   No. SA-1.

It was noted by the property owner, Kimberly McClure Brinton, that the foundation may or may not be a frost foundation and may use piers.  Both cases there should be minimal or no adverse impact to the onsite wetlands and the Commission does not believe the property owner needs to install the silt fence as shown on the submitted plan because that would cause more disturbance than would actually be helpful.  There is an intact stonewall that the excavation will take place inside of.

Voting for:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

 

 

6.      40 Munson Road, Application #1252, submitted by Robert Marinko Jr. for an Inland Wetlands Permit for a residential site development -

 

Present to speak on behalf of the application was Robert Marinko Jr., applicant and owner of record.     

 

The Commission visited the site and noticed a low area pointing at the neighbor’s driveway.  The Commission asked Mr. Marinko to maintain the sedimentation and erosion controls.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Scanlon to approve Application #1252 submitted by Robert Marinko Jr. for an Inland Wetlands Permit for a residential site development located at 40 Munson Road in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

A.     “Proposed Site Plan”, dated July 21, 2010, revised to August 23, 2010, Drawing No. C-1.

B.     “Proposed Site Plan”, dated July 21, 2010, revised to August 23, 2010, Drawing No. C-2.

     

If Inland Wetlands Permit #1152 approved on September 27, 2010, for a residential site development located at 40 Munson Road, has not been extended by active Legislator, the Commission will issue Inland Wetlands Permit #1252 for five years as long as the property owner provides the application fee of $210.00.   Also, if the applicant needs to pay the fee because the Commission has determined that IW Permit #1152 has been expired versus being automatically renewed, the applicant would also have to submit a letter to the Commission requesting the reduction in the fee.

Voting for:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

 

7.      Continue 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 permitTabled.

 

 

8.      Revisit site in November the continue discussion regarding road and overland run-off across 37 Hilltop Road (DeCesare) down to Route 69 -  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.

 

 

APPROVAL OF MINUTES

 

1.      It was moved by Hathaway and seconded by Scanlon to approve, as amended, the minutes of the Monday, September 28, 2015, Regular Meeting.

Voting were:  Breslin, Sullivan, Hathaway, Scanlon.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Email from Peter Sulkis of 81 Round Hill Road, dated October 22, 2015, Re:  Concerns regarding application for 99 Round Hill Road, H. Freeman.

2)      Letter from Ronald Walters, Regional Water Authority, dated October 2, 2015, Re:  Comments on review of Application for 116 Old Amity Road, addition to veterinary office.

3)      Email from MaryEllen Unger, Chairman of the Bethany Community Garden, dated October 2, 2015, Re:  Amount of water used from the pond located at 90 Pole Hill Road, Bethany Community Garden.

4)      Letter from Isabel Kearns, IWEO, to M. Keefe and D. Fitzsimmons of 340 Fairwood Road, dated October 2, 2015, Re:  Second Notice of Violation, filling conducted within the 150-foot upland review area.

 

PUBLICATIONS AND WORKSHOPS

1.      The Habitat, Fall 2015.

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION

 

 

SCHEDULE SITE VISITS 

 

The Commission scheduled a site visit for Saturday, October 31, 2015.  Commission members to meet at the Town Hall Parking Lot at 8:00 a.m.  and proceed to the following sites:

·         254 Carrington Road

·         99 Round Hill Road

  • 94 Downs Road

 

 

 

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Sullivan

and seconded by Scanlon to adjourn the regular meeting at 8:45 p.m.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission