MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JULY 25, 2016                                                       Page 1 of 9

 

The regular meeting of the Inland Wetlands Commission was called to order at 7:32 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

         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. 538 AMITY ROAD, Preliminary discussion with John Paul Garcia for Bethany Library Association, Re:  New parking lot –

 

Present for this discussion was Beth Evans of Evans Associates of Bethany, CT and John Paul Garcia, P.E./L.S., who are working with the Library Association to address the parking needs.

 

The Commission received a letter dated July 25, 2016, Melissa Canham-Clyne, Library Director of the Clark Memorial Library, Re:  Expanding of parking area.

 

In this discussion, some subjects were:

• Proposed driveway surface will be stone.
• Drainage.
• Lighting.
• Limit amount of clearing.
• Any plantings should be native.

 

The Library Association will be submitting an application in the near future for the proposed parking expansion.

 

 

 

 

 

 

 

It was moved by Smith and seconded by Scanlon to add the following application to the agenda for receipt only and no discussion.

Voting were:  Breslin, Smith, Scanlon.

Unanimous approval.

 

1. 274 AMITY ROAD, Application #1269 submitted by Kevin Dingle for an Inland Wetlands Permit for residential site development and convert existing house to barn –

 

The Commission formally received the application. 

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 22, 2016.  Tabled.

 

PUBLIC HEARING

153 AMITY ROAD, Application #1265 submitted by Mark Sette for an IW Application for a Site Plan Approval – 2 Contractor Storage Buildings – 1 Building to have 1-Unit residential component –

 

At 8:01 p.m., Chair Breslin called to order the public hearing on the subject application.  Chair Breslin read the legal notice prepared for the public hearing.   Roll call was taken.

Member Sullivan mentioned per Section 9.2 of the Inland Wetlands Regulations, the applicant is to provide additional notice of the public hearing to persons who own land that is adjacent to the subject property.  The applicant did not do the notice and therefore, Chair Breslin stated the public hearing will have to be continued to the next regular meeting on Monday, August 22, 2016, to allow the applicant to send notice.

At 8:07 p.m., the public hearing was recessed and continued to Monday, August 22, 2016, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.   Tabled.

 

OLD BUSINESS

1. 153 AMITY ROAD, Application #1265 submitted by Mark Sette for an IW Application for a Site Plan Approval – 2 Contractor Storage Buildings – 1 Building to have 1-Unit residential component –

 

The public hearing was continued to Monday, August 22, 2016, at 8:00 p.m. in the Commission Meeting Room.  Tabled.

 

 

 

 

1. 591 AMITY ROAD, Application #1263 submitted by Tammy Ronan for a two-lot resubdivision –

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.

 

The Commission received a letter from Diversified Technology Consultants, dated July 22, 2016, Re:  Comments on review of application for 591 Amity Road.

 

The Commission discussed the following:

• Ditches on the property.
• Proposal for rain gardens.
• Rain gardens need to be on plan and in the deed that they will be maintained.

 

The Commission proceeded to deliberate.

It was moved Sullivan and seconded by Smith to approve Application #1263 submitted by Tammy Ronan for a Two-lot Resubdivision  located at 591 Amity Road as presented in the application, testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

1. “Resubdivision Map”, dated July 30, 2015, with no revisions, Drawing No. C-1.
2. “Proposed Site Plan”, dated July 30, 2015, with no revisions, Drawing No. C-2.
3. “Erosion & Sediment Control Plan and Typical Details”, dated July 30, 2015, with no revisions, Drawing No. C-3.
4. “Septic Plan”, dated July 30, 2015, with no revisions, Drawing No. C-4.

 

In addition, this permit is subject to the following conditions including the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:

1. The plans shall be revised to include a total of three (3) rain gardens to be added (one by the driveway and one at the end of each infiltration structure), as recommended in the Diversified Technology Consultants letter dated July 22, 2016.
2. Also, the plans shall be revised, as per the Martin Brogie, Inc. letter dated June 24, 2016, that the wetland flags in the portion of the ditch extending northerly from    WF-64 are not shown on the plans, shall be shown on the plans and that the portion of the ditch not shown on the plans, located north of flags WLF 44 to 46 also be shown as an intermittent watercourse on the plan.
3. Both sites shall require a separate permit from the Inland Wetlands Commission for site development.
4. A future commission should include Conservation Area Signs when final development is proposed for the two lots.

Based on these conditions, there should be little or no impact to the onsite wetlands and watercourse which are part of the public water supply watershed for the Regional Water Authority.

Vote 5 to 0

Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

1. MENDELL’S FOLLY – RT. 42 BORDER OF BEACON FALLS AND BETHANY, Application #1266 submitted by David Ford for an Inland Wetlands Permit to construct a bird watching stand –

 

Present to speak on behalf of this application was David Ford, Eagle Scout and Applicant.

 

Member Sullivan stated she is a member of the same troop that the applicant is on.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Smith to approve Application #1266 submitted by David Ford, Eagle Scout, for an Inland Wetlands Permit to construct a bird watching stand located at Mendell’s Folly – Route 42 border of Beacon Falls and Bethany, as presented in the application and in accordance with the following submitted plans entitled:

1. “Mendell’s Folly Bethany Land Trust, Trust 125 acres”, submitted June 14, 2016.
2. “Viewing Platform Mendell's Folly”, dated March 1, 2015, prepared by John Paul Garcia & Associates, Drawing No. S-1.

 

In addition, this permit is subject to the following condition including the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:

1. When fill is being removed, the applicant shall contact the Inland Wetlands Enforcement Officer for advice as to where the fill should be stockpiled.

 

The reason the Commission approved this application is that there should be minimal impact to the adjacent wetlands if constructed as shown on the plan with minimal excavation.

Vote 5 to 0

Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

1. 80 CARRIAGE DRIVE, Application #1267 submitted by Carrie Lupoli for and Inland Wetlands Permit to construct an in-ground pool –

 

Present to speak on behalf of this application was Mr. Peter Lupoli, applicant and owner of record.

 

Mr. Lupoli submitted a sketch hand drawn by his wife, Carrie.

 

The Commission discussed the following:

• Pool area was staked and trees were marked that the applicant wants to cut down.
• Need some type of retaining wall where slope is located.
• Need soil and erosion controls.
• No fill beyond the lawn.
• Can grind stumps in place but cannot pull them out.

Commission members proceeded to deliberate.

It was moved by Sullivan and seconded by Smith to approve Application #1267 submitted by Carrie Lupoli for an Inland Wetlands Permit for the construction of an inground pool and barbecue area 10-feet by 18-feet located at 80 Carriage Drive as presented in the application and in accordance with the following submitted site plan, dated June 15, 2016, and the sketch, untitled, hand drawn by the applicant submitted on July 25, 2016.

 

In addition, this permit is subject to the following condition including the standard conditions found on the Land Records, Volume 93, Page 802 and Page 803:

1. The fill removed from the excavated pool area can be used on site providing it’s behind the retaining wall as shown on the proposed plan and that any excess soil beyond that shall be removed from the site and not deposited on the site.
2. The trees shown in the field to be removed, as shown on the site plan dated June 15, 2016, can be cut in place and ground in place but not removed.
3. Suitable sediment and erosion controls shall be utilized on the site at the discretion of the Inland Wetlands Enforcement Officer.
4. Conservation Area Signs shall be posted along the back perimeter of the pool area.
5. If the pool filter is to be a backwash filter, it needs to have a dry well for the backwash or it can be a removable cartridge but no backwash is to be dispersed overland.
    

If all these conditions are followed, there shall be minimal or no impact on the onsite and adjoining wetlands which are part of the Hop Brook Watershed. 

Vote 5 to 0

Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.

Unanimous approval.

 

 

1. 9 SCHAFFER ROAD, Application #1268 submitted by Ken Garceau for an Inland Wetlands Permit for a residential site development –

 

Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.

 

Commission members visited the site and questioned if the site has enough building area as required and also questioned the location of the footing drains outlet.  The Commission will visit the site again.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, August 22, 2016.  Tabled.

 

 

 

 

 

1. Continue Show Cause Hearing regarding Cease and Desist Order, dated June 17, 2016, to Stephen Mana of 139 Beacon Road –

 

No one was present for the Show Cause Hearing.  Commission members discussed and reviewed historical photos.  The Commission directed the IWEO to communicate in writing to the property owner that the Show Cause Hearing is continued to the next regular meeting on Monday, August 22, 2016.  Also, the Commission will do more research on aerial photographs of the property.  Tabled.

 

1. Continue discussion with Braden Van Loon regarding clear cutting for horse grazing at 79 Rainbow Road –No one was present for this discussion.  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 Desist – The Commission received an email from John Paul Garcia, dated July 13, 2016, Re:  10 Northrop Road, Invasive species control.  Tabled.
    
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 permit – Tabled.
    
3. Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the
   Southwest Conservation District) – Tabled.
    
4. 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 Hathaway and seconded by Scanlon to approve, as amended, the minutes of the June 27, 2016, Regular Meeting.
   Sullivan abstained.
   Voting were:  Breslin, Smith, Hathaway, Scanlon.
   Unanimous approval.

 

BILLS

 

1. It was moved by Sullivan and seconded by Scanlon to approve the payment of an invoice dated July 8, 2016, from Martin Brogie, Inc. Environmental Services, Madison, Connecticut for $600.00 for professional services for Wetland Delineation Assessment and Report for153 Amity Road.

      Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.

      Unanimous approval.

 

1. It was moved by Sullivan and seconded by Smith to approve the payment of an invoice dated July 8, 2016, from Martin Brogie, Inc. Environmental Services, Madison, Connecticut for $700.00 for professional services for Wetland Delineation Assessment and Report for 591 Amity Road.

      Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.

      Unanimous approval.

 

1. It was moved by Sullivan and seconded by Scanlon to approve the payment of an invoice dated June 28, 2016, from Diversified Technology Consultants, Hamden, Connecticut for $412.50 for professional services for 153 Amity Road.
   Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.
   Unanimous approval.
    
2. It was moved by Sullivan and seconded by Scanlon to approve the payment of $1,500.00 to the Southwest Conservation District for Municipal Contribution – Support of natural resource conservation effort and providing information, education and technical assistance to municipal agents and private landowners of Bethany.  Budget year 2016/17.
         Voting were:  Breslin, Sullivan, Smith, Hathaway, Scanlon.
         Unanimous approval.
    
    

CORRESPONDENCE

 

1. Letter from Alan Shepard, P.E. of NOK, dated July 14, 2016 to Isabel Kearns, IWEO, Re:  Response to IWEO letter dated February 29, 2016, 153 Amity Road.
2. Letter from Alan Shepard, P.E. of NOK, dated July 12, 2016, to IWC, Re:  Response to letter from DTC, dated  153 Amity Road
3. Copy of Soil and Erosion Control Bond Estimate from Alan Shepard, P.E. of NOK, submitted July 14, 2016, for 153 Amity Road.
4. Copy of Water Quality Volumes from Alan Shepard, P.E., of NOK, submitted July 14, 2016, for 153 Amity Road.
5. Letter from Diversified Technology Consultants, dated July 25, 2016, Re:  Comments on review of revised plans dated July 11, 2016, for 153 Amity Road.
6. Letter from Diversified Technology Consultants, dated July 22, 2016, Re:  Comments on review of application for 591 Amity Road.
7. Letter from Isabel Kearns, IWEO, dated July 20, 2016, Re:  Review of IWC application for        274 Amity Road.
8. Letter from Isabel Kearns, IWEO, dated June 30, 2016, Re:  Review of IWC application for  9 Schaffer Road.
9. Email from John Paul Garcia, dated July 13, 2016, Re:  10 Northrop Road, Invasive species control.
10. Letter from Isabel Kearns, IWEO, to Mr. & Mrs. Paul Bukowski dated June 28, 2016, Re:  67 Mesa Drive, site visit.
11. Letter from Isabel Kearns, IWEO, to Fengting Xu & Pingping Ye dated June 28, 2016, Re:  71 Mesa Drive, site visit.

 

 

ENFORCEMENT OFFICER REPORTS AND APPROPRIATE COMMISSION ACTION –

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Sunday, August 6, 2016.  Members to meet at Town Hall Parking Lot at 8:00 a.m.  Sites to visit are:

• 274 Amity Road
• 153 Amity Road
• 9 Schaffer Road
   

 

OTHER BUSINESS –

 

67/71 Mesa Drive – lawn cutting down to pond.

 

Present for this discussion were Paul Bukowski of 67 Mesa Drive and F. Xu of 71 Mesa Drive.

 

Also was Jamie Verab, Landscaper.

 

Chair Breslin stated that in order to maintain a good water quality you need to create a buffer around pond.

 

Mr. Verab stated that they are willing to work with the Commission on improving the water quality.

 

Alan Shepard, P.E., would like to meet with the Commission out in the field and check what needs to be done and check how system is working.

 

 

 

 

The Commission would like the IWEO to check with Alan Green, Public Works Director, to check if system is working the way it was designed and if he has any sketches from when he developed the pond.  The IWEO to check with Alan Green for any sketches on the way that he developed the pond and if he can also meet out at the site.

 

 

ADJOURNMENT

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

and seconded by Hathaway to adjourn the regular meeting at 9:40 p.m.

Unanimous approval.

 

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

for the Inland Wetlands Commission