MINUTES OF THE
BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF TUESDAY, DECEMBER 29,
2015 Page 1
of 6
The regular
meeting was scheduled for Monday, December 28, 2015, and was postponed and is
being reconvened this evening.
The regular
meeting of the Inland Wetlands Commission was called to order at 7:36 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
Brian Smith, Member
Roger Hathaway, Member
The
following members of the Commission were absent:
Lisa Gaw, Member
Nancy Scanlon, Alternate Member
Also present
was:
Isabel Kearns, Inland Wetlands
Enforcement Officer
NEW BUSINESS
1)
53
Atwater Road, Application #1258 submitted by NHB and Associates, LLC for an IW
Permit to cross brook, clear timber, remediation of site
–
The Commission formally received the
application. Present to speak on behalf
of this application was Derek Iwaszkiewicz, representative for NHB &
Associates LLC.
Mr. Iwaszkiewicz briefly reviewed the
proposed project and noted in discussion:
·
Moving forward with Licensed
Environmental Professional and Engineer to remediate the property.
·
Would like to cut trees legally to
prepare for remediation.
·
No wetlands crossing at this
time.
In discussion, Commission members noted:
·
Applicant would like to just cut
timber at this time.
·
Commission would like to see
development plan to fully understand what is being proposed.
·
Applicant has asked to cross
brook, clear timber and grub site on application form.
·
Misunderstanding in application.
·
Chair Breslin would like
applicant to withdraw application and she will speak to Town Counsel regarding
this site.
Mr.
Iwaszkiewicz submitted a letter of withdrawal, dated December 29, 2015, and will
reapply in the future.
OLD
BUSINESS
1. 99 Round Hill
Road, Application #1254 submitted by Hunter Freeman for an Inland Wetlands
Permit to construct a driveway –
Present to speak on behalf of this
application was Alan Shepard, P.E., of Nowakowski, O’Bymachow and Kane,
representing the Freemans’.
Also in attendance were Peter Sulkis,
Intervenor and his attorney, Marjorie Shansky.
Mr. Shepard stated he has been in
communication with Mr. Sulkis and Attorney Shansky and submitted a copy of what
correspondence has been sent to Mr. Sulkis and Attorney Shansky, dated December
22, 2015.
Also, Mr. Shepard submitted a letter
from Alan Shepard, P.E., of NOK, submitted December 22, 2015, Re: Response to Diversified Technology
Consultants letter dated November 17, 2015, 99 Round Hill Road and reviewed
with the Commission.
The
Commission received a letter from Diversified Technology Consultants, dated December 28, 2015, Re: Comments on review of revised plans dated
through December 15, 2015, for 99 Round Hill Road, Application #1254 and
reviewed.
Attorney Majorie Shanksy noted the
following:
·
Concerns with the limits of
clearing on the driveway. Have been
working with Al Shepard to do
plantings to create vegetated buffer for driveway.
·
Concerned with drainage plan
monitoring or observance over time. Would
like to have maintenance plan recorded on land records. Would like a more robust maintenance plan.
The Commission would like to refer the draft
drainage maintenance plan to Town Counsel for review.
Mr. Shepard submitted a letter of
consent to extension of 35 days to act on said application, dated December 29,
2015.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting adjourned to Monday, January 25, 2016. Tabled.
2. 304 Wooding
Hill Road, Application #1256 submitted by Barbara Welker-Griggs for an IW
Permit for a Site Plan Review –
Present for this discussion was John
Paul Garcia, P.E., representing the applicant, Barbara Welker-Griggs who was
also present.
Mr. Garcia explained that this is a
first split of the property and there is an application in front of the
Planning and Zoning Commission for a Special Exception Permit for a rear
lot.
The Commission feels Mr. Garcia should
withdraw the application.
It was moved by Sullivan and seconded by
Hathaway that it is the consensus of the Inland Wetlands Commission after reviewing
the plans revised to December 8, 2015, submitted by Barbara Welker-Griggs for
property located at 304 Wooding Hill Road, the lot split should have no adverse
impact at this time but it is required that a note shall be placed on the
record map and the deed that prior to the site development of Parcel B, the
site development plans shall be submitted to the Bethany Inland Wetlands Commission
for review and appropriate Commission action.
Voting
were: Breslin, Sullivan, Smith,
Hathaway.
Unanimous
approval.
3. 33 Old Amity
Road, Application #1257 submitted by Manuel Preta for an IW Permit for a
modification to Permit #1241 to change size of building
-
Present to speak on behalf of this
application was Wayne Zirolli, P.E., representing the applicant Manuel
Preta.
The Commission
received a letter from Diversified Technology Consultants, dated December 28, 2015, Re: Comments on review of application for 33 Old
Amity Road, Application #1257.
Mr. Zirolli submitted a Sketch Plan with
fill quantities showing the fill that was hauled in from Route 67 and Route 63. Also, Mr. Zirolli spoke with Town Attorney
McSherry and his client, Mr. Preta, agreed to not bring any more material on
site. The Commission asked if the soil
brought on site was tested. Isabel
Kearns, IWEO, stated she is in discussion with the State DOT regarding what
testing needs to be done.
Mr. Zirolli reviewed the drainage plan.
Mr. Zirolli will revise plans in
accordance with comments from DTC letter dated December 28, 2015 and submit for next
meeting.
Further
discussion and appropriate action on the application was deferred until the
Commission’s next regular meeting adjourned to Monday, January 25, 2016. Tabled.
4. 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.
5. Revisit site
in November the continue discussion regarding road and overland run-off across
37 Hilltop Road (DeCesare) down to Route 69
- Tabled.
6. Discussion regarding Bethany West
clearing. (Letter from Roman Mrozinski
of the
Southwest Conservation District) – Tabled.
7. 185 Beacon
Road, Discussion with Daniel Cusano regarding non-permitted barn
–
Tabled.
APPROVAL
OF MINUTES
1. Approval
of the minutes of the Monday, November 30, 2015, Regular Meeting, was tabled
for further review. Tabled.
CORRESPONDENCE
1) Letter from Town
Clerk Nancy McCarthy, dated November 10, 2015, Re: Request for schedule of regular meetings for
2016 with attached draft. (Tabled at November 30, 2015, meeting)
It
was moved by Sullivan and seconded by Smith to approve, as amended, the draft
schedule for regular meeting dates for year of 2016 as requested by Nancy
McCarthy, Town Clerk, in a letter dated November 10, 2015.
Voting
were: Breslin, Sullivan, Smith,
Hathaway.
Unanimous
approval.
2) Letter from Alan
Shepard, P.E., of NOK, submitted December 22, 2015, Re: Response to DTC letter dated November 17,
2015, 99 Round Hill Road.
3) Letter from
Diversified Technology Consultants, dated December 28, 2015, Re: Comments on review of revised plans dated
through December 15, 2015, for 99 Round Hill Road, Application #1254.
4) Letter from Diversified Technology Consultants, dated December 28, 2015,
Re: Comments on review of application
for 33 Old Amity Road, Application #1257.
5) Email from
Dennis Colwell of 94 Downs Road, dated November 30, 2015, Re: Request for refund of Application #1247 for
94 Downs Road.
It was moved
by Sullivan and seconded by Smith that with the withdrawal of Application #1247
submitted by Dennis Colwell for property located at 94 Downs Road and no
expenditures by the Inland Wetlands Commission for legal notice or engineering
review that the application fee be returned.
Voting
were: Breslin, Sullivan, Smith, Hathaway.
Unanimous
approval.
6) Letter from DEEP
dated December 16, 2015, Re: 2015 Legislation and Regulation Advisory, Public
Act No. 15-85-An Act concerning court operations and the claim against the
state of Lori Calvert and 15-68-An Act validating the action of a municipal
assessor, extending the filing deadline for certain property tax exemptions and
concerning notice requirements for zoning applicants.
PUBLICATIONS AND
WORKSHOPS
1)
Connecticut
Federation of Lakes, Fall 2015.
2)
Latest
edition of the “Registry of Soil Scientists” dated 2015.
ENFORCEMENT
OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION
SCHEDULE
SITE VISIT –
None.
OTHER
BUSINESS
Chair Breslin stated that she would like
to have an informal meeting with Commission members to discuss upcoming year
(2016) regarding procedures and other items.
Also Chair Breslin stated she received a
proposal from Andy Bevilacqua of Diversified Technology Consultants regarding
drainage at Raccio Drive after meeting with him. The clerk will add this item to the agenda
for January 25, 2016.
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by
Hathaway
and
seconded by Smith to adjourn the regular meeting at 9:05 p.m.
Unanimous
approval.
Respectfully
submitted,
Antonia R.
Marek, Clerk
for the Inland Wetlands Commission
