Tuesday, October 10, 2017



MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF M
    
 
The regular meeting of the Inland Wetlands Commission was called to order at 7:31p.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, Acting as Chair
         Nancy Scanlon, Member
         Brian Smith, Member
 
The following members of the Commission were excused:
         Roger Hathaway, Member
         Rob Huxley, Alternate Member
 
 
NEW BUSINESS  
 
It was moved by Smith and seconded by Scanlon to add to the agenda the placing of a temporary portable dock on wheels for the sailing club located at the lake at Veteran’s Memorial Park.
 
  1. 265 Beacon Road, Veteran’s Memorial Park Lake, Temporary portable dock –
 
Present for this discussion was Janice Howard, Park and Recreations Director. 
 
Commission members noted:
  • The dock would be located between life guard station and existing pavilion.
  • The dock will be 3 feet by 8 feet, made out of wood and on wheels to go in and out of water.
 
It was moved by Smith and seconded by Scanlon that the proposal of the placing of a temporary portable dock on wheels for the sailing club’s fall season located at the lake at Veteran’s Memorial Park does not require an Inland Wetlands Permit.  This is based on the email received, dated August 28, 2017, the diagram shown and that it will be placed between the life guard station and the existing pavilion.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
 
  1. 10 Northrup Road, discussion and review of Remediation Plan submitted by John Paul Garcia & Associates –
 
No one was present for this discussion.  Mr. John Paul Garcia submitted a plan entitled, “Remediation Plan, Showing Conservation Easement Prepared for Binata Patel, 10 Northrup Road”, dated November 5, 2015, revised to March 2, 2017, prepared by John Paul Garcia & Associates, Bethany, Connecticut.  Mr. Garcia would like confirmation from Commission that this is what the Commission’s wants the property owner to do.
 
 
 
 
 
Commission members reviewed the revised plan and noted that an easement is to be filed on the Land Records that the area delineated by the markers is prohibited from any work being done without prior approval from the Inland Wetlands Commission.
 
The existing Cease and Desist which was originally issued on October 21, 2014, and then modified on December 26, 2014, states that a complete application shall be submitted.  The Commission received a map for the remediation plan and to address the order is to have    Mr. Garcia submit a formal application that the Commission can act on to rescind the order and have that permit in place.
 
The Commission then noted that based on their review of the original and modified cease and desist order, the Commission reviewed the plan that Mr. Garcia submitted and finds this plan acceptable.  Mr. Garcia needs to submit an application to do the work shown on this plan so the Commission can formally act on that to be able to lift the existing cease and desist order.
 
Also, Mr. Garcia should start formulating that easement that needs to get shown so that it can be reviewed by Town Counsel and can be posted as part of the approval of any permit the Commission might issue.
 
  1. 79 Rainbow Road, Brendan Loon, discussion regarding creation of pasture
 
No one present for this discussion.  Isabel Kearns, IWEO, will contact Brendan Loon to find out if any work has been started and if so, the Commission will conduct a site inspection.
 
 
It was moved by Smith and seconded by Scanlon to add to the agenda for receipt Application #1294 for 667 Amity Road.
Unanimous approval.
 
  1. 667 Amity Road, Application #1294, submitted by 667 Amity Road, LLC for a Stormwater Management Plan –
 
The Commission formally received the application.  No one was present to speak on behalf of this application.
 
The IWC Clerk has forwarded the plans and drainage report to Diversified Technology Consultants.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 25, 2017.  Tabled.
 
 
OLD BUSINESS
 
  1. 667 Amity Road, Continuation of Show Cause Hearing pertaining to Cease and Desist Order, dated August 7, 2017, issued to Matthew Micros –  Tabled.
 
 
 
 
 
  1. Hoadley Road (from #160 to power lines), Application #1286 submitted by the Town of Bethany for an IW Permit to mill and pave –
 
Commission members discussed and proceed to deliberate.
 
It was moved by Smith and seconded by Scanlon to approve Application #1286 submitted by the Town of Bethany for an Inland Wetlands Permit to mill and pave road located at Hoadley Road (from #160 to power lines) as presented in the application  and including 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 plans are followed as presented there will be no adverse impact to the wetlands
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
  1. Woodcutters Drive (#52 and #60), Application #1287 submitted by the Town of Bethany for an IW Permit to replace catch basins and deteriorated pipe –
 
Commission members discussed and proceed to deliberate.
 
It was moved by Smith and seconded by Scanlon to approve Application #1287 submitted by the Town of Bethany for an Inland Wetlands Permit to replace catch basins and deteriorated pipe located at Woodcutters Drive (#52 and #60) as presented in the application  and including 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 plans are followed as presented there will be no adverse impact to the wetlands
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
  1. Hoadley Road (from Rt. 69 to Wooding Hill Road), Application #1288 submitted by the Town of Bethany for an IW Permit to add catch basin tops and mill and pave –
 
Commission members discussed and proceed to deliberate.
 
It was moved by Smith and seconded by Scanlon to approve Application #1288 submitted by the Town of Bethany for an Inland Wetlands Permit to add catch basin tops and mill and pave located at Hoadley Road (from Rt. 69 to Wooding Hill Road as presented in the application and including 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 plans are followed as presented there will be no adverse impact to the wetlands
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
 
  1. Brooks Road (Carmel Road to Town line), Application #1289 submitted by the Town of Bethany for an IW Permit to repair or replace one cross pipe and mill and pave –
 
Commission members discussed and proceed to deliberate.
 
It was moved by Smith and seconded by Scanlon to approve Application #1289 submitted by the Town of Bethany for an Inland Wetlands Permit to repair or replace one cross pipe and mill and pave located at Brooks Road (Carmel Road to Town line) as presented in the application and including the standard conditions found on the Land Records, Volume 93, Page 802 and   Page 803.
 
Also the Commission strongly recommends the Town consider installing on the west side of Brooks Road a curtain drain particularly from the Hollow up to the Hamden Town Line which will help protect the road surface with less runoff and erosion.
 
This approval is based on the fact that if the plans are followed as presented there will be no adverse impact to the wetlands and adding the curtain drain to the west side of Brooks Road would be an improvement with less runoff and erosion.
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
  1. Hilldale Road (All), Application #1290 submitted by the Town of Bethany for an IW Permit to remove and replace catch basin tops and possibly pipes and mill and pave –
 
Commission members discussed and proceed to deliberate.
 
It was moved by Smith and seconded by Scanlon to approve Application #1290 submitted by the Town of Bethany for an Inland Wetlands Permit to remove and replace catch basin tops and possibly pipes and mill and pave located at Hilldale Road (All) as presented in the application and including 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 plans are followed as presented there will be no adverse impact to the wetlands
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
 
 
 
 
 
 
 
 
 
 
  1. (From Bear Hill Road) Hopp Brook Road, Hopp Brook Lane and Fatima Drive to Miller Road, Application #1291 submitted by the Town of Bethany for an IW Permit to replace one catch basin top and mill and pave –
 
Commission members discussed and proceed to deliberate.
 
It was moved by Smith and seconded by Scanlon to approve Application #1291 submitted by the Town of Bethany for an Inland Wetlands Permit to replace one catch basin top and mill and pave located at (From Bear Hill Road) Hopp Brook Road, Hopp Brook Lane and Fatima Drive to Miller Road as presented in the application and including 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 plans are followed as presented there will be no adverse impact to the wetlands
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
  1. Humiston Drive (All), Application #1292 submitted by the Town of Bethany for an IW Permit to replace all catch basins and any deteriorated pipes and reclaim and pave –
 
Commission members discussed and proceed to deliberate.
 
It was moved by Smith and seconded by Scanlon to approve Application #1292 submitted by the Town of Bethany for an Inland Wetlands Permit to replace all catch basins and any deteriorated pipes and reclaim and pave located at Humiston Drive (All) as presented in the application and including 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 plans are followed as presented there will be no adverse impact to the wetlands
Vote 3 to 0.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
 
  1. Mesa Drive, Application #1293 submitted by James W. Woodward for an IW Permit for a 4-Lot Subdivision.
 
Present to speak on behalf of this application was Alan Shepard, P.E., of Nowakowski, O’Bymachow & Kane, representing the applicant, James W. Woodward who was also present.  Mr. Shepard reviewed the proposed project.
 
Commission members noted:
  • Would like plans and drainage report sent to Diversified Technology Consultants.
  • Would like copy of signoff from Quinnipiack Valley Health District.
  • Would like report on vernal pool and then will send off to environmentalist for review.
 
  • Would like an extension from Mr. Woodward to give Commission more time to decide if a public hearing is needed or not after receipt of vernal pool report.           Mr. Woodward submitted an extension for 35 days.
  • Would like to conduct site inspection.  Asked Mr. Shepard to stake corners of houses, septic system and driveway centerline.
 
Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 25, 2017.  Tabled.
 
 
  1. 74 MUNSON ROAD, Harold, Thomas and Dina Durley, Updated on Cease and Desist Order issued December 7, 2016 – Letter from Isabel Kearns, IWEO, to Harold, Thomas and Dina Durley of 74 Munson Road, dated August 25, 2017, Re:  Silt fence missing at 74 Munson Road.  Tabled.
 
  1. Discussion regarding Bethany West clearing.  (Letter from Roman Mrozinski of the
    Southwest Conservation District) – The Commission visited the site on August 5, 2017, and it started raining.  The Commission will revisit site.  Tabled.
     
  2. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –
Tabled.
 
 
ELECTION OF OFFICERS
 
It was moved by Smith and seconded by Scanlon to nominate and elect Kristine Sullivan as Chairman of the Inland Wetlands Commission.
Unanimous approval.
 
It was moved by Sullivan and seconded by Scanlon to nominate and elect Brian Smith as Vice-Chairman of the Inland Wetlands Commission.
Unanimous approval.
 
 
APPROVAL OF MINUTES
 
  1. It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the July 24, 2017, Regular Meeting.
    Voting for:  Sullivan, Smith, Scanlon.
    Unanimous approval.
 
  1. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of the August 5, 2017, Special Meeting/Site Visit.
    Voting for:  Sullivan, Smith, Scanlon.
    Unanimous approval.
 
 
 
 
 
 
 
  1. It was moved by Smith and seconded by Scanlon to approve, as submitted, the minutes of the August 17, 2017, Special Meeting/Show Cause Hearing.
    Voting for:  Sullivan, Smith, Scanlon.
    Unanimous approval.
     
     
  2. It was moved by Sullivan and seconded by Smith to approve, as submitted, the minutes of August 21, 2017, Site Inspection.
    Voting for:  Sullivan, Smith, Scanlon.
    Unanimous approval.
 
 
BILLS
 
  1. It was moved by Sullivan and seconded by Scanlon to approve the payment of $75.00 to the Connecticut Association of Conservation and Inland Wetlands Commission, Inc. for the Membership Renewal for the period of July 1, 2017, through June 30, 2018, for two commissions (sustaining).  Share with the Conservation Commission.
    Voting for:  Sullivan, Smith, Scanlon.
    Unanimous approval.
     
 
CORRESPONDENCE
 
  1. Copy of plan entitled, “Remediation Plan, Showing Conservation Easement Prepared for Binata Patel, 10 Northrup Road”, dated November 5, 2015, revised to March 2, 2017, prepared and submitted by John Paul Garcia & Associates, Bethany, Connecticut.
  2. Letter from South Central Connecticut Regional Water Authority, dated July 25, 2017, Re:  Review of applications for street paving, culvert and pipe repair and replacement by the Town of Bethany.
  3. Letter from Isabel Kearns, IWEO, to Harold, Thomas and Dina Durley of 74 Munson Road, dated August 25, 2017, Re:  Silt fence missing at 74 Munson Road.
  4. Letter from Wendy and Bill Grieger, dated July 25, 2017, Re:  63 Sargent Drive, Inland Wetlands Permit #1182 with attached CT Aquatic and Wetland Invasive Plant Identification Guide.
  5. Letter from Isabel Kearns, IWEO, to Robert Knudsen owner of 629 Bethmour Road, dated August 9, 2017, RE:  Stop Work Order (Follow Up) at 629 Bethmour Road.
  6. Letter from Connecticut Association of Conservation and Inland Wetlands Commission, Inc., dated August 12, 2017, Re:  CACIWC Membership fees and 40th Annual Meeting and Environmental Conference on Saturday, November 18, 2017, Cromwell, CT.
 
 
 
 
 
 
 
 
 
 
 
OTHER BUSINESS
 
90 Pole Hill Road (Community Garden) – Concerned that people are parking all the way down to benches near pond.  Will contact Public Works Director and First Selectman.
 
629 Bethmour Road – Robert Knudsen -  Stop Work Order issued June 20, 2017, clear cutting of trees, extent of wetlands, hiring of soil scientist.  Mr. Knudsen feels he is exempt from this stop work order.  The IWEO to issue a letter to Mr. Knudsen siting Section 4.4 of the IW Regulations that the Commission determines if he is exempt.  The Commission needs to know what he is proposing.
 
 
SCHEDULE SITE VISIT
 
The Commission scheduled a site visit for Saturday, September 9, 2017.  Members to meet at the Town Hall at 8:30 a.m.  Sites to be visited are as follows:
  • MESA DRIVE, Application #1293 submitted by James W. Woodward for a 4-Lot Subdivision.
  • Possibly 79 Rainbow Road, creation of pasture.
 
 
ADJOURNMENT
There being no further business to come before the Commission, it was moved by Scanlon             and seconded by Smith to adjourn the regular meeting at 8:43 p.m.
Voting for:  Sullivan, Smith, Scanlon.
Unanimous approval.
 
Respectfully submitted,
 
 
Antonia R. Marek, Clerk
For Inland Wetlands Commission
 
ONDAY, AUGUST 28, 2017                                                 
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