Tuesday, August 30, 2016



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING
 
 
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
         Nancy Scanlon, Alternate Member, seated as a voting member
 
The following members of the Commission were absent:
         Roger Hathaway, Member
         Lisa Gaw, Member
         Brian Smith, Member
 
 Also present was:
         Isabel Kearns, Inland Wetlands Enforcement Officer
 
 
It was moved by Sullivan and seconded by Scanlon to add to the agenda for tonight, Monday, August 22, 2016, a discussion with Al Green, Bethany Public Works Director, regarding work being done on Munson Road.
Voting were:  Breslin, Sullivan, Scanlon.
Unanimous approval.
 
 
NEW BUSINESS 
 
  1. 94 DOWNS ROAD, Application #1270 submitted by Gary Martin for an IW Permit for a Residential Site Development –
 
The Commission formally received the application.  Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing the applicant.
 
Mr. Garcia briefly reviewed the proposed project and noted in discussion:
  • This property had a permit 15 years ago but the permit expired. 
  • Mr. Martin lives in Hamden and would like to purchase the property from the Coldwell’s.
  • We are working with Quinnipiack Valley Health District for approval.
 
Some items noted by Commission members were:
  • The Commission would like to visit the property.
  • The Commission asked Mr. Garcia to stake the driveway and the corners of the proposed house.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 26, 2016.  Tabled.
 
 
 
  1. 170 SCHAFFER ROAD, Application #1271 submitted by Craig Behun for an IW Permit to construct a screened porch –
 
The Commission formally received the application.  Present to speak on behalf of this application was Mr. Craig Behun, applicant and owner of record.
 
Mr. Behun briefly reviewed the proposed project and noted in discussion:
  • There is an existing deck on the property but the deck was not shown on site plan and does not have a permit.
  • Porch will have four footings.
 
Some items noted by Commission members were:
  • Commission members would like to visit the site.
  • Applicant needs to go to Quinnipiack Valley Health District for approval.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 26, 2016.  Tabled.
 
3.  Discussion with Al Green, Bethany Public Works Director, regarding work being
     done on Munson Road –
 
Present for this discussion was Al Green, Bethany Public Works Director.  Mr. Green noted in discussion:
  • Repairing the deteriorated drainage.
  • Trying to correct the water flow problem with heavy rains. 
  • Have not added or deleted any drainage; just replacing deteriorated pipe.
  • Project is completed.
 
The Commission did not have any concerns at this time.
 
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 8:06 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.   
During the course of the public hearing Chair Breslin noted that the Commission has received the following items relative to the subject application.  Exhibit identification was assigned as noted:
  1. Exhibit 1A – Inland Wetlands Application received May 23, 2016.
  2. Exhibit 1B – Notice of Public Hearing Continuation by the Bethany Inland Wetlands Commission at the Regular Meeting of Monday, August 22, 2016.
  3. Exhibit 1C –Certificate of Mailing for the public hearing dated July 29, 2016.
  4. Exhibit 1D – Set of plans prepared by Nowakowski, O’Bymachow, Kane, Shelton, Connecticut, entitled:
  1. “Overall Site Plan/Soil Erosion Control Plan”, dated January 28, 2016, revised to July 11, 2016.
  2. “Septic Plan”, dated January, 2016, revised to July 11, 2016.
 
  1. “Driveway Intersection Plan”, dated February 22, 2016, revised to July 11, 2016.
  2. “Sight Line Cross Section”, dated February 22, 2016, revised to July 11, 2016.
  3. “Detail Sheet 1 of 2, dated January 2016, revised to July 11, 2016.
  4. “Detail Sheet 2 of 2, dated January 2016, revised to July 11, 2016.
  5. “Map of Property”, dated May 28, 2016, revised to July 11, 2016.
  1. Exhibit 1E – Submitted by George Logan of REMA, “Wetlands Assessment & Direct Analysis Summary of Findings”, dated July 25, 2016.
  2. Exhibit 1F – Submitted by George Logan of REMA, Aerial photograph of 153 Amity Road, dated 1934.
  3. Exhibit 1G - Submitted by George Logan of REMA, Aerial photograph of 153 Amity Road, dated 1951.
  4. Exhibit 1H - Submitted by George Logan of REMA, Aerial photograph of 153 Amity Road, dated 1965.
  5. Exhibit 1”I” – Submitted by George Logan of REMA, Aerial photograph of 153 Amity Road, most recent June 2014.
  6. Exhibit 1J -  Submitted by Al Shepard, a copy of composite map entitled, “GIS May Overlay for Pond Location Changes”, dated June 17, 2016.
  7. Exhibit 1K – Set of plans prepared by Nowakowski, O’Bymachow, Kane, Shelton, Connecticut, entitled:
  1. “Overall Site Plan/Soil Erosion Control Plan”, dated January 28, 2016, revised to May 11, 2016.
  2. “Septic Plan”, dated January, 2016, revised to May 11, 2016.
  3. “Driveway Intersection Plan”, dated February 22, 2016, revised to May 11, 2016.
  4. “Sight Line Cross Section”, dated February 22, 2016, revised to May 11, 2016.
  5. “Lighting and Landscape Base Map”, dated May 11, 2016, with no revisions.
  6. “Detail Sheet 1 of 2, dated January 2016, revised to May 11, 2016.
  7. “Detail Sheet 2 of 2, dated January 2016, revised to May 11, 2016.
  1. Exhibit 1L – Letter from Toni Marek – Commission Staff to Mark Sette, dated      June 22, 2016, Re:  IWC Application #1265, 153 Amity Road, Supplemental Fees.
  2. Exhibit 1M – Letter from Andy Bevilacqua, of Diversified Technology Consultants, dated June 22, 2016, to Bethany IWC, Re:  Review of application for 153 Amity Road.
  3. Exhibit 1N – Letter from Martin Brogie, Inc., Environmental Services, dated June 24, 2016, to Bethany IWC, Re:  Wetland Delineation Assessment, 153 Amity Road.
  4. Exhibit 1”O” – Letter from State of Connecticut, Department of Transportation, dated April 11, 2016, to Al Shepard, NOK Engineering, Re:  Review of proposed development at 153 Amity Road, Route 63.
  5. Exhibit 1P – Letter from Quinnipiack Valley Health District, dated February 8, 2016, to Alan Shepard, P.E., Re:  Review of proposed plan for new septic system at         153 Amity Road.
  6. Exhibit 1Q – Memo from Isabel Kearns, ZEO, dated February 29, 2016, Re:  Review of plans for 153 Amity Road.
  7. Exhibit 1R – Letter from Al Shepard, NOK, dated July 14, 2016, to Isabel Kearns, IWEO, Re:  Response to Isabel Kearns memo dated February 29, 2016, 153 Amity Road.
  8. Exhibit 1S - Letter from Al Shepard, NOK, dated July 12, 2016, to Bethany IWC, Re:  Response to DTC, Andy Bevilacqua, P.E., memo dated June 22, 2016.
 
 
  1. Exhibit 1T – Copy of Water Quality Volumes, prepared by NOK, submitted July 14, 2016, for 153 Amity Road.
  2. Exhibit 1U – Letter from Andy Bevilacqua, of Diversified Technology Consultants, dated July 25, 2016, to Bethany IWC, Re:  Review of revised plans for 153 Amity Road.
  3. Exhibit 1V – Copy of “Drainage Report” prepared by Alan Shepard, P.E., NOK, dated April 5, 2016.
     
Commission member’s field inspected the property on June 2, 2016, and August 7, 2016.
Present to speak on behalf of this application were the following:
  • Alan Shepard, P.E. of Nowakowski, O’Bymachow, Kane.
  • George Logan of REMA Ecological Services, LLC
  • Mark Sette, applicant and owner of record.
 
First to speak was Al Shepard and some items noted were:
  • Moved buildings back due to wetland impact.
  • Keeping wetland impact about 2500 feet.
  • Drainage from roofs will go to water quality basins then into wetlands.
  • High water table near Amity Road. 
  • Back part of property has better soils.
  • Applicant will live on property.
  • No outside maintenance on vehicles to be done inside or outside of buildings.
  • Neighbor has done work on the property and left tires there.
Second to speak was Mr. Logan and some items noted were:
  • Submitted and reviewed his packet entitled, “Wetlands Assessment & Impact Analysis:  Summary of Findings”, dated July 25, 2016.
  • Isolated wetlands not connected with other systems. 
  • Mr. Logan will be involved and help Mr. Sette to create setting and there will be monitoring. 
 
Chair Breslin asked if anyone from the public would like to speak for the application or against the application.  There were no comments.
 
One neighbor was present, Katherine O’Shea owner of 143 Amity Road, who wanted to hear about the proposal.  Ms. O’Shea did not speak.
 
In discussion, Commission members noted:
  • Applicant proposing two buildings.  If applicant had proposed only one building, that would minimize footprint and put activity out of wetlands.
  • Well will be located behind stonewall on a steep slope.
  • Mr. Sette would like to live on site.
     
Mark Sette, property owner and applicant stated the adjacent property owner filled in a lot of the property and encroached on his property.  Mr. Sette stated he will cleanup his property and remove the debris caused by the neighbor. 
 
 
The Commission discussed the any feasible and prudent alternatives as listed in Section 10.2.b. in the Wetlands Regulations.  Mr. Shepard stated the revised maps, revised to July 11, 2016 are less of an impact to the wetlands as the maps submitted revised to May 11, 2016.
 
Mr. Sette submitted Consent to Extension of Time to continue the public hearing for 35 days to the next regular meeting on Monday, September 26, 2016, at 8:00 p.m.
 
At 8:55 p.m., Chair Breslin recessed the public hearing and continued it to the next regular meeting on Monday, September 26, 2016.  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, September 26, 2016, at 8:00 p.m. in the Commission Meeting Room.  Tabled.
 
  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 discussed and proceeded to deliberate.
 
It was moved by Sullivan and seconded by Scanlon to approve Application #1268 submitted by Ken Garceau for an Inland Wetlands Permit for a Residential Site Development located at 9 Schaffer Road as presented in the application, testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
  1. “Proposed Property Division Map”, dated October 26, 2000, revised to June 20, 2016, Drawing No. C-1.
  2. “Proposed Site Development Map”, dated October 26, 2000, revised to June 20, 2016, Drawing No. C-2.
  3. “Proposed Septic Plan”, dated June 20, 2016, with no revisions, Drawing No. C-3.
  4. “Erosion Control Plan and Typical Details”, dated June 20, 2016, 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. Drawing No. C-4 shall be revised under “General Sequence of Construction” Note #2 to read “Site Development shall not begin until the soil erosion and sediment control plan is certified as necessary.  Sediment and erosion control measures and facilities scheduled in the plan for installation prior to site development shall be installed, functional, and inspected by the Inland Wetlands Enforcement Officer.  Add Note #3 – “Construction is expected to commence after the property is sold, and take approximately 4-6 months.”
 
 
  1. The plan shall be revised to show the roof and footing drain outlet being moved from the southerly side of the property to the northerly side of the property away from the extended drainage way from the road.
  2. The installation of Inland Wetlands Conservation Area Signs along the proposed tree line on the western and northern sides of the house.
  3. The conveyance deed for the property include a note that there shall be no deviation from the tree clearing line, unless review and approval by the Inland Wetlands Commission.
 
This approval is granted based on these conditions being followed and therefore, there should be minimal or no adverse impact to the onsite wetlands and watercourse.
Vote 3 to 0.
Voting were:  Breslin, Sullivan, 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 –
 
Present to speak on behalf of this application was Kevin Dingle, applicant and owner of record and John Paul Garcia, P.E.
 
Commission members discussed and proceeded to deliberate.
 
It was moved by Sullivan and seconded by Scanlon to approve Application #1269 submitted by Kevin Dingle for an Inland Wetlands Permit for a Residential Site Development located at 274 Schaffer Road as presented in the application, testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:
  1. “Site Development Plan”, dated July 12, 2016, revised to August 11, 2016, Drawing No. C-1.
  2. “Site Development Plan, Septic Plan”, dated July 12, 2016, revised to August 11, 2016, Drawing No. C-2.
  3. “Details and Specifications”, dated July 12, 2016, revised to August 11, 2016, Drawing No. C-3.
 
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. Site plans Drawing Nos. C-1 and C-2 shall be revised to show the level spreader and discharge for the roof and footing drains to go in a more northerly direction along the proposed contour line for 550 going out between the house and the attached three-car garage.
  2. Drawing No. C-3 shall be revised under “General Sequence of Construction” Note #2 to read “Site Development shall not begin until the soil erosion and sediment control plan is certified as necessary.  Sediment and erosion control measures and facilities scheduled in the plan for installation prior to site development shall be installed, functional, and inspected by the Inland Wetlands Enforcement Officer. 
  3. The proposed tree line is the tree line and any further encroachment on clearing towards the eastern part of the property is subject to review and approval by the Inland Wetlands Commission.
 
  1. Plans shall be revised to move and show the installation of Inland Wetlands Conservation Area Signs where the limit of clearing is shown.
  2. Plan shall be revised where spells “proposed tree line” shall be changed to “limits of clearing”.
  3. The silt fence shown around the stock pile does not need to be installed.  The grade line to the southern side of the house at 550 going around and northerly up near the northern property line shall have haybales as well as silt fence installed but only silt fence needs to be installed property along the big slope for the septic system.
 
This approval is granted based on these conditions being followed and therefore, there should be minimal or no adverse impact to the onsite wetlands and watercourse.
Vote 3 to 0.
Voting were:  Breslin, Sullivan, Scanlon.
Unanimous approval.
 
  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.  The Commission directed the IWEO to send property owner another letter informing Mr. Mana that if he does not come in the fine system will start.  Tabled.
 
  1. Continue discussion with Braden Van Loon regarding clear cutting for horse grazing at 79 Rainbow Road – This item will be removed from the agenda and the Commission will look at the property next year.  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 – 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 –
 
Present for this discussion was John Paul Garcia, P.E./L.S. representing the property owner.  Mr. Garcia submitted the following plans addressing comments from Michael Klein of Environmental Planning Services, LLC, in a letter dated June 16, 2016:
  1. “Remediation Plan”, dated November 5, 2015, Drawing No. R-1.
  2. “Remediation Plan”, dated August 18, 2016, Drawing No. R-2.
 
The Commission reviewed the plans and noted some items:
  • Would like Mr. Garcia to submit bond estimate to be reviewed by Michael Klein.
  • Would like water feature removed.
  • Would like a note of the conservation area recorded on the Land Records.
 
Mr. Garcia will revise plans and resubmit to the Commission.  Tabled.
 
 
 
  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
 
  1. It was moved by Sullivan and seconded by Breslin to approve, as submitted, the minutes of the July 24, 2016, Special Meeting/Site Visit.
    Voting were:  Breslin, Sullivan, Scanlon.
    Unanimous approval.
 
  1. It was moved by Sullivan and seconded by Scanlon to approve, as amended, the minutes of the July 25, 2016, Regular Meeting.
    Voting were:  Breslin, Sullivan, Scanlon.
    Unanimous approval.
     
  2. It was moved by Sullivan and seconded by Scanlon to approve, as submitted, the minutes of the August 7, 2016, Special Meeting/Site Visit/Hearing Continuation.
    Voting were:  Breslin, Sullivan, Scanlon.
    Unanimous approval.
 
  1. It was moved by Sullivan and seconded by Scanlon to approve, as amended, the minutes of the November 30, 2015, December 29, 2015, January 25, 2016, and February 22, 2016, Regular Meetings.
    Voting were:  Breslin, Sullivan, Scanlon.
    Unanimous approval.
 
BILLS
 
  1. It was moved by Sullivan and seconded by Scanlon to approve the payment of an invoice dated July 21, 2016, from Diversified Technology Consultants, Hamden, Connecticut for $337.50 for professional services for 153 Amity Road.
    Voting were:  Breslin, Sullivan, Scanlon.
    Unanimous approval.
 
  1. It was moved by Sullivan and seconded by Scanlon to approve the payment of $125.00 to Anne Sohon, Court Reporter, for recording services for the public hearing held on Monday, July 25, 2016 (153 Amity Road).
    Voting were:  Breslin, Sullivan, Scanlon.
    Unanimous approval.
     
  2. It was moved by Sullivan and seconded by Scanlon to approve the payment of $125.00 to Anne Sohon, Court Reporter, for recording services for the public hearing held on Monday, August 22, 2016 (153 Amity Road).  
    Voting were:  Breslin, Sullivan, Scanlon.
    Unanimous approval.
     
CORRESPONDENCE
 
  1. Memo from Isabel Kearns, ZEO, dated August 8, 2016, Re:  Comments on review of plans for 94 Downs Road, plans dated July 7, 2016.
  2. Letter from John Paul Garcia, dated August 11, 2016, Re:  274 Amity Road, Response to letter from Isabel Kearns, IWEO & ZEO dated July 20, 2016.
  3. Letter from South Central Connecticut Regional Water Authority, dated August 12, 2016, Re:  Comments on review of application for 274 Amity Road.
  4. Letter from Isabel Kearns, IWEO, dated August 8, 2016, to Stephen Mana of 139 Beacon Road, Re:  Continuation of Show Cause Hearing for 139 Beacon Road on August 22, 2016.
  5. Letter from Isabel Kearns, IWEO, to Brendan Van Loon, Yale Polo Club, 79 Rainbow Road, dated August 19, 2016, Re:  79 Rainbow Road, creating pasture in a wetland.
     
 
SCHEDULE SITE VISIT
The Commission would like to schedule a site visit for properties located at 94 Downs Road and 170 Schaffer Road either on September 10 or 11, 2016.  The clerk will email all IWC members.
 
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 10:09 p.m.
Unanimous approval.
 
Respectfully submitted,
 
 
 
Antonia R. Marek, Clerk
for the Inland Wetlands Commission  
OF MONDAY, AUGUST 22, 2016                                              Page 1 of 10

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