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 permit – Tabled.
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