Tuesday, February 28, 2017



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JANU
 
 
The regular meeting of the Inland Wetlands Commission was called to order at 7:30p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
 
The following members of the Commission were present:
         Kristine Sullivan, Vice-Chair
         Brian Smith, Member
         Nancy Scanlon, Member
 
The following members of the Commission were absent:
          Alexandra Breslin, Chair
          Roger Hathaway, Member
 
 
NEW BUSINESS 
 
No new business.
 
 
OLD BUSINESS
 
  1. 39 Porter Hill Road, Application #1273 submitted by David Christensen for an IW Permit to repair and maintenance of pond
 
Present for this application was David Christensen, applicant, from Christensen Landscape Services, LLC of Northford, Connecticut, representing the property owners.
 
The Commission received a memo from Christensen Landscape Services, LLC, dated December 27, 2016, Re:  Plan & Action of Pond Renovation.
 
The Commission received a letter from Andy Bevilacqua, P.E. from Diversified Technology Consultants, dated January 16, 2017, Re:  Comments on review of 39 Porter Hill Road, Improvements at existing pond.
 
In discussion, some items noted by the Commission were:
  • Site where pond is located very steep slope to get machinery down there to work on pond.
  • Concerned with stream crossing.
 
In discussion, Mr. Christensen noted;
  • Midsize excavator will be used to clean pond and will use compression pads under excavator.
  • Will be using a timber bridge to cross stream.
  • Old PVC pipe will be carried out by hand.
  • Proposing to complete project in middle of winter or August.
 
 
 
 
Applicant would like to speak to property owner in regard to possibly amending the application to just clean out pond by hand digging. 
 
Applicant submitted a letter of Consent to Extension of Time of 30 days to act on side application.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, February 27, 2017.  Tabled.
 
 
  1. 4 Collins Road, Application #1276 submitted by Bruce and Mary Dapkins for an IW Permit for a residential site development
 
Present to speak on behalf of this application was John Paul Garcia, P.E./L.S., representing  the applicants.
 
Mr. Garcia had submitted revised plans dated December 21, 2016, in which he states the septic system was pulled back about 20 feet and roof and footing drains relocated.
 
Commission members discussed and proceeded to deliberate. 
 
It was moved by Smith and seconded by Scanlon to approve Application #1276 submitted by Bruce J. and Mary E. Dapkins for an Inland Wetlands Permit for a residential site development located at 4 Collins Road as presented in the application, testimony and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut entitled:
  1.  “Proposed Site Plan”, dated October 27, 2016, revised to December 21, 2016, Drawing No. C-1.
  2. “Erosion & Sediment Control Plan and Typical Details”, dated October 27, 2016, revised to December 21, 2016, Drawing No. C-2.
     
Also, this approval is subject to the standard conditions found on the Land Records     Volume 93, Page 802 and Page 803.
 
This approval is based on the fact that if the applicant constructs in accordance with the revised plans with the relocation of the footing and roof drains and the septic system there should be no adverse impact to the onsite wetlands.
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
 
  1. 74 MUNSON ROAD, Harold, Thomas and Dina Durley, Show Cause Hearing Regarding Cease and Desist Order issued December 7, 2016.
 
No one was present for this discussion. 
 
Isabel Kearns, IWEO, issued the following letters to the property owners:
  • Letter of Affirmation of Cease & Desist Order, dated December 19, 2016.
 
 
 
  • Letter of Notice of Violation, dated January 20, 2017, Re:  Affirmation letter instructed the installation of erosion control measures and this has not been completed.
 
Due to the increase in water level, the Commission noticed the pond has filled where the tracks were and there are still no erosion and sedimentation controls placed at pond.  The Commission will continue to monitor pond.  Tabled.
 
  1. Discussion regarding Raccio Drive – Proposal from Diversified Technology ConsultantsTabled.
 
  1. 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 representing the property owner was John Paul Garcia, P.E./L.S.   Mr. Garcia would like to resolve this issue and suggested discussing with the property owner the option of removing the water  feature and water pump, take out the sod, and place conservation area signs and let the area vegetate on its own but controlling the evasive.  Mr. Garcia will put this information in a letter to the Inland Wetlands 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 Smith and seconded by Sullivan to approve, as submitted, the minutes of the December 12, 2016, Regular Meeting.
    Scanlon abstained.
    Voting for:  Sullivan, Smith, Scanlon.
    Unanimous approval.
 
 
CORRESPONDENCE
 
  1. Letter from Christensen Landscape Services, LLC, dated December 27, 2016,        Re:  39 Porter Hill Road, Plan & Action of Pond Renovation.
  2. Letter from Diversified Technology Consultants, dated January 16, 2017, Re:  Comments on review of plans and materials for 39 Porter Hill Road, improvements at existing pond.
  3. Letter from Isabel Kearns, IWEO, to Harold, Thomas and Dina Durley of 74 Munson Road, dated December 19, 2016, Re:  Affirmation of Cease & Desist Order dated December 7, 2016.
 
 
 
 
  1. Letter from Isabel Kearns, IWEO, to Harold, Thomas and Dina Durley of 74 Munson Road, dated January 20, 2017, Re:  Notice of Violation, no erosion control measures installed.
 
PUBLICATIONS AND WORKSHOPS
 
  1. CBA Education & Training – Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions, Saturday, March 25, 2017, Middletown, CT.
 
 
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Smith
and seconded by Scanlon to adjourn the regular meeting at 8:28 p.m.
Unanimous approval.
 
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
For Inland Wetlands Commission
ARY 23, 2017                                              
Page 1 of 4