Tuesday, May 24, 2016



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, APRIL 25, 20
The regular meeting of the Inland Wetlands Commission was called to order at 7:40 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
         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
 
 
NEW BUSINESS
 
  1. 591 Amity Road, Application #1263 submitted by Tammy Ronan for a two-lot resubdivision
     
    The Commission formally received the application.  Present to speak on behalf of this application was Bill Walters of John Paul Garcia & Associates, representing the applicant.
     
    Mr. Walters briefly reviewed the proposed project and noted in discussion:
  • Soil testing was completed on February 23, 2015.
  • All required notifications have been completed.
  • Wetlands are flagged.
 
Some items noted by Commission members were:
  • A wetlands pocket on Lot #1 might be a vernal pool.  Would like engineer to go out and check again.
  • Commission would like to schedule a site visit.
  • Asked engineer to stake corners of the house, septic, outlet for footing drain, center line of the driveway.
  • Verify what is happening with outlet on corner of Pleasant Drive.
 
The neighbor from 6 Falls Road, Doug Stock, was concerned that the proposed residence will be close to his property.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, May 23, 2016.  Tabled.
 
 
 
 
 
 
  1. Discussion with Braden Van Loon regarding clear cutting for horse grazing at       79 Rainbow Road
     
    Present for this discussion was Braden Van Loon, property manager, at 79 Rainbow Road.
     
    Mr. Van Loon noted:
  • Would like to check if possible to clear cut some land for pasture land for the horses.
  • Wants to have positive impact on community.
  • Would like to work with Commission.
 
Commission members would like to visit the site.  The Commission wouldn’t have jurisdiction over this unless constructing but appreciate that Mr. Van Loon came in to discuss with the Commission.
 
The Commission would like Isabel Kearns, IWEO, to pull the maps from the old Timer Downs property now owned by John Paul Garcia.  Tabled.
 
 
It was moved by Smith and seconded by Hathaway to add the following application to the agenda for receipt.
Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.
Unanimous approval.
 
  1. 27 Pine Brook Crossing, Application #1264 submitted by Tom Warner for an IW Permit for a deck replacement -
     
    The Commission formally received the application.  Present to speak on behalf of this application was Charles Gamsu, owner of record.
     
    Mr. Gamsu briefly reviewed the proposed project and noted in discussion:
  • Replacing the existing deck.
  • There is a slight change in footprint.
 
After discussion, Commission members felt the application was not necessary.  It was moved by Sullivan and seconded by Scanlon that after review of the plans at the April 25, 2016, Regular Meeting, the Inland Wetlands Commission has determined that no Inland Wetlands Commission action is required for the replacement of the existing deck and that this is not an expansion of the deck.  Therefore, if there are any piers that have to be dug or any debris to be removed, it will be minimal and there will be no adverse impact to any wetlands or watercourse.
Vote 5 to 0.
Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.
Unanimous approval.
 
 
 
 
 
OLD BUSINESS
 
  1. Sanford Road between 130-62 and 131-12, Application #1259 submitted by Nicholas Zito – RWA Forester for an IW Permit for the replacement of failed culvert with two 12” pipe
 
No one was present to speak on behalf of this application.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, May 23, 2016.  Tabled.
 
 
  1. 861 Litchfield Turnpike, Application #1261 submitted by Karl Rainey for an IW Permit to replace the garage with a 1,000 SF barn
 
Present to speak on behalf of this application was Karl Rainey, applicant and owner of record.
 
The Commission visited the site.  Chair Breslin mentioned to the applicant, Mr. Rainey,  to be mindful of equipment near wetlands.  Mr. Rainey stated he will be cleaning up the site.
 
It was moved by Smith and seconded by Scanlon to approve Application #1261 submitted by Karl Rainey for an Inland Wetlands Permit to replace the existing garage with a 1,000 SF barn located at 861 Litchfield Turnpike in accordance with the submitted plan entitled, “Proposed Septic Repair, 861 Litchfield Turnpike”, dated January 4, 2007, revised to     March 24, 2016, prepared by John Paul Garcia & Associates.
 
This approval is subject to the standard conditions found on the Land Records Volume 93,    Page 802 and 803.  The reason the Commission approved this application is that there should be minimal or no impact to the onsite and adjoining wetlands if constructed as shown on the plan.
Vote 5 to 0.
Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.
Unanimous approval.
 
 
  1. 94 Mesa Drive, Application #1262 submitted by Cheryl Peterson for a Site Plan Approval
 
Present to speak on behalf of this application was Alan Shepard, P.E. of Nowakowski, O’Bymachow, Kane, representing the applicant.
 
Mr. Shepard noted in discussion:
  • This is a nonprofit group that builds houses for disabled veterans.
  • Pocket of wetlands on the property.
  • Single story house, no basement.
  • Grade to 2% grade around house.
     
     
Commission members noted:
  • Commission members visited the site and found a little wetland pocket with tires in it.
  • Would like wetlands restored and have homeowner understand that the wetland pocket needs to be protected.
  • Noticed at site visit that there is clear-cutting down to water.  Would like the IWEO to field check. 
  • Would like to look at ponds in Conservation area with Mr. Shepard to better understand how drainage system is working.
  • Would like Public Works Director to visit site with the Commission.  The IWEO will work with him to get some dates.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, May 23, 2016.  Tabled.
 
 
  1. Discussion regarding Raccio Drive – Proposal from Diversified Technology Consultants  Tabled.
 
  1. Continue discussion with John Paul Garcia regarding 10 Northrop Road – Cease and DesistTabled.
     
  2. 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.
 
  1. Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the
    Southwest Conservation District)Tabled.
     
  2. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn
Tabled.
 
 
APPROVAL OF MINUTES
 
November 30, 2015 Regular Meeting Minutes
December 29, 2015 Regular Meeting Minutes
January 25, 2016 Regular Meeting Minutes
February 22, 2016 Regular Meeting Minutes
Tabled.
 
 
  1. It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the March 28, 2016, Regular Meeting.
Voting were:  Breslin, Sullivan, Hathaway, Smith, Scanlon.
Unanimous approval.
 
 
 
  1. It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the April 16, 2016, Special Meeting/Site Visit.
    Voting were:  Breslin, Sullivan, Hathaway, Smith, Scanlon.
    Unanimous approval.
 
 
BILLS
 
It was moved by Sullivan and seconded by Smith to approve the payment of an invoice dated April 24, 2016, from Environmental Planning, West Hartford, Connecticut for $920.00 for professional services in review of 10 Northrup Road.
Voting were:  Breslin, Sullivan, Hathaway, Smith, Scanlon.
Unanimous approval.
 
 
CORRESPONDENCE
 
  1. Memo from Isabel Kearns, IWEO, dated April 18, 2016, Re:  Review of 591 Amity Road Resubdivision.
  2. Letter from Ronald Walters, Senior Environmental Analyst, Regional Water Authority, dated April 18, 2016, Re:  Comments on review of RWA culvert replacement Sanford Road.
  3. Email from John Paul Garcia, dated March 31, 2016, Re:  Response to activity at         108 Carrington Road.
  4. Letter from Isabel Kearns, IWEO, to Mr. Mrs. Michael Patel of 6 Sargent Drive, dated April 4, 2016, Re:  Notice of Violation, conditions of permit.
  5. Letter from Aquarion Water Company, dated April 8, 2016, Re:  Aquarion Environmental Champion Awards.
 
PUBLICATIONS AND WORKSHOPS
 
  1. Southwest Conservation District Newsletter, Spring 2016.
     
 
ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION -
 
 
SCHEDULE SITE VISIT
The Commission scheduled a site visit for Sunday, May 1, 2016.  Members to meet at the Town Hall parking lot for 8:30 a.m.  Sites to visit are:
  • 591 Amity Road
  • 79 Rainbow Road
     
     
     
     
     
     
 
OTHER BUSINESS -
 
The Commission would like the IWEO to field check the following properties for violations:
  • Corner of Horseshoe Hill Road and Beacon Road.
  • Corner of Hilldale Road and Amity Road
  • Corner of Munson Road and Litchfield Turnpike (across from pond)
 
 
ADJOURNMENT
 
There being no further business to come before the Commission, it was moved by Sullivan
and seconded by Hathaway to adjourn the regular meeting at 8:45 p.m.
Unanimous approval.
 
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
for the Inland Wetlands Commission
 
 
 
 
 
 
 
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