The
special meeting of the Inland Wetland Commission was called to order at 7:31
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:
Kristine Sullivan, Chairman
Roger Hathaway, Member
Rob Huxley, Member
Nancy Scanlon, Member
Charles Clark, Alternate Member,
seated as a voting member
James Nickle, Alternate Member
NEW BUSINESS
1)
Show Cause Hearing pertaining to Cease and Desist
Order, dated November 13, 2018, issued to Alan Green, Director of Bethany
Public Works Department and Paul Crotta, Registered Agent, Mesa Construction Company for property
located at Rural Old Mill Road South of Valley Road, prepared by Isabel Kearns,
Inland Wetlands Enforcement Officer –
The Show Cause
Hearing commenced at 7:31 p.m.
Robert Huxley,
Member, recused himself.
Present for this
Show Cause Hearing for the property located at Old Mill Road were the
following:
o
Alan
Green, Director of Bethany Public Works Department
o
Paul
Crotta, Registered Agent, Mesa Construction Company
Commission
members were conducting site visits on November 3, 2018, and noticed
disturbance at Old Mill Road and that there was work being done without a
permit directly in a wetlands. Some
comments by Commission members were:
·
Ditch
appeared to be new.
·
One
leak off going into pond and one leak off going into stream.
·
Noticed
sediment in stream and roots were displaced.
·
No
form of erosion controls in place.
·
If
someone from Inland Wetlands was contacted, erosion controls would have been in
place.
Some comments
noted by Alan Green, Director of Public Works Department, were:
·
Doing
routine maintenance on road.
·
Received
complaint from Whelpley’s of 300 Old Mill Road of potholes in road.
Also present was
Sharon Huxley of 340 Old Mill Road, who expressed her concerns of the road
work.
It was moved by Hathaway and
seconded by Clark to amend the Cease and Desist Order, dated November 13, 2018,
to allow Alan Green, Director of Bethany Public Works Department and Paul
Crotta, Registered Agent, Mesa Construction Company to continue and complete
the erosion control work (riprap, level spreaders) that was intended for both
sides of the road located at rural Old Mill Road, south of Valley Road.
Vote 4 to 0.
Voting for:
Sullivan, Hathaway, Scanlon, Clark.
Unanimous approval.
Mr. Green and
Mr. Crotta submitted a new Application #1317 for drainage and road
improvements. Chair Sullivan stated when
this application is approved next month, December 17, 2018, next regular
meeting, the Cease and Desist Order can be lifted.
At 8:02 p.m.,
the Inland Wetlands Commission recessed the Show Cause Hearing and continued it
to the next Regular Meeting on Monday, December 17, 2018.
2)
Show Cause Hearing pertaining to Cease and Desist
Order, dated November 13, 2018, issued to Jamie Jarrett for property located at
56 Downs Road, prepared by Isabel Kearns, Inland Wetlands Enforcement Officer –
The Show Cause
Hearing started at 8:03 p.m.
Present for this
Show Cause Hearing for the property located at 56 Downs Road was Jamie Jarrett,
owner of 56 Downs Road.
Some comments
noted by Jamie Jarrett were:
·
Trying
to stop people from parking on my property.
·
Piece
of property unusual and used for parking and for jeeps trespassing.
·
Regional
Water Authority property behind my property.
Some comments by
Commission members were:
·
This
portion not within Commission’s regulatory authority.
·
Other
work being conducted on property near wetlands and need to check for building
permit for barn being constructed.
·
Would
like to visit the site.
It was moved by Huxley and
seconded by Hathaway to lift part of the Cease and Desist Order, dated November
13, 2018, issued to Jamie Jarrett for property located at 56 Downs Road to lift
the order as it pertains to the southeasterly piece of Brooks Road next to the
entrance to Lake Watrous.
Vote 5 to 0.
Voting for:
Sullivan, Hathaway, Huxley, Scanlon, Clark.
Unanimous approval.
At 8:20 p.m.,
the Inland Wetlands Commission recessed the Show Cause Hearing and continued it
to the next Regular Meeting on Monday, December 17, 2018.
3)
Discussion with
Susan March of 285 Sperry Road regarding location of shed for goats and the
Farm Service Agency of the State of Connecticut – Tabled.
4)
OLD MILL ROAD,
Application #1317 submitted by the Town of Bethany for an IW Permit for
drainage and road improvements –
Robert Huxley,
Member, recused himself.
The
Commission formally received the application.
Present to speak on behalf of this application was Paul Crotta, Registered Agent, Mesa
Construction Company.
Commission
reviewed and discussed the plan submitted by Mr. Crotta, dated November 7,
2018.
Further discussion and
appropriate action on the application was deferred until the
Commission’s next regular
meeting adjourned to Monday, December 17, 2018.
Tabled.
5)
CARRINGTON ROAD
(FROM VALLEY TO TUTTLE), Application #1318 submitted by Town of Bethany for an
IW Permit for drainage improvements –
The
Commission formally received the application.
Present to speak on behalf of this application was Paul Crotta, Registered Agent, Mesa
Construction Company
Commission
reviewed and discussed the plan submitted by Mr. Crotta, dated November 9,
2018.
Commission members would like
to conduct a site visit.
Further discussion and
appropriate action on the application was deferred until the
Commission’s next regular
meeting adjourned to Monday, December 17, 2018.
Tabled.
OLD BUSINESS
1.
53 VIRGINIA RAIL
DRIVE, Application #1315 submitted by Timothy O’Connor for an IW Permit for a
residential site development –
Present
to speak on behalf of this application was Timothy O’Connor, applicant.
Commission
members discussed findings from November 3, 2018, site visit; property very
boney and there will be no burying of stumps or rocks allowed.
Commission
members discussed and proceeded to deliberate.
It was moved by Huxley and seconded by Scanlon to approve Application
#1315 submitted by Timothy O’Connor for an Inland Wetlands Permit for a
residential site development for the property located at 53 Virginia Rail
Drive, as presented in the application, testimony and in accordance with the
following submitted plans prepared By Nowakowski, O’Bymachow, Kane, Associates,
Shelton, Connecticut:
a) “Overall
Site Plan – Lot 8 Revised Resubdivision of Land Owned by Bethford Associates”,
dated August 8, 2018, revised to September 26, 2018.
b) “Site
Plan – Lot 8 – Rev. Subdivision for Land Owned by Bethford Associates”, dated
February 20, 2018, September 26, 2018.
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:
a) Applicant shall comply with
the recommendations from the South Central Connecticut Regional Water Authority
in a letter dated October 17, 2018.
b)
There
shall be no burying of any materials on site, such as, stumps and rocks.
This approval is based on the conditions listed and that if the
applicant follows the plan as shown there should be minimal or no adverse
impact to the wetlands.
Vote 5 to 0.
Voting for:
Sullivan, Scanlon, Hathaway, Huxley, Clark.
Unanimous approval.
2.
74 TUTTLE COURT,
Application #1316 submitted by Pamela Ford for an IW Permit to install an above
ground pool
–
No one was
present for this application. The
Commission received pool filter information as requested and filter is
acceptable.
Commission
members discussed and proceeded to deliberate.
It was
moved by Clark and seconded Huxley to approve Application #1316 submitted by
Pamela and David Ford for an Inland Wetlands Permit to install an aboveground
pool located at 74 Tuttle Court as presented in the
application, testimony and in accordance with the submitted plan, untitled
prepared by the applicant, submitted on October 15, 2018, and in addition to
the following condition
including the standard conditions found on the Land Records, Volume 93, Page
802 and Page 803:
a)
If the
pool should be emptied, water from the pool shall not be released on the site
and must be taken offsite.
This approval is based on the condition listed and that if the
applicant follows the plan as shown there should be minimal or no adverse
impact to the wetlands.
Vote 5 to 0.
Voting for:
Sullivan, Scanlon, Hathaway, Huxley, Clark.
Unanimous approval.
APPROVAL OF MINUTES
1) It was moved by Huxley and
seconded by Scanlon to approve, as submitted, the minutes of the October 22,
2018, Regular Meeting.
Voting for: Sullivan, Hathaway, Huxley, Scanlon, Clark.
Unanimous approval.
2) It was
moved by Huxley and seconded by Clark to approve, as submitted, the minutes of
the November 3, 2018, Special Meeting/Site Visit.
Voting for: Sullivan, Hathaway, Huxley, Scanlon, Clark.
Unanimous approval.
CORRESPONDENCE
1)
Cease
and Desist Order, dated November 13, 2018, issued to Alan Green, Director of
Bethany Public Works Department and Paul Crotta, Registered Agent, Mesa
Construction Company, for road drainage work located at rural Old Mill Road,
south of Valley Road, issued by Isabel Kearns, Inland Wetlands Enforcement
Officer.
2)
Cease
and Desist Order, dated November 13, 2018, issued to Jamie Jarrett for road
stockpiling and earth disturbance located at 56 Downs Road, issued by Isabel
Kearns, Inland Wetlands Enforcement Officer.
3)
Letter
from Isabel Kearns, ZEO to Peter Latronica of 39 Round Hill Road, dated October 25, 2018, Re: Cutting of trees within 150 feet of a wetland
or watercourse.
SCHEDULE SITE VISIT
The
Commission scheduled a site visit for Saturday, December 1, 2018. Members to meet at the Town Hall parking lot
for 8:30 a.m. Sites to be visited are as
follows:
·
Carrington Road (from Valley to Tuttle)
·
56 Downs Road
OTHER BUSINESS
Chair
Sullivan prepared a draft Meeting Schedule for 2019 for the Commission. Commission members will review and discuss at
next regular meeting on December 17, 2018.
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by Scanlon
and seconded by Huxley to adjourn the regular meeting at 9:14 p.m.
Voting for:
Sullivan, Hathaway, Smith, Scanlon, Huxley.
Unanimous approval.
Respectfully
submitted,
Antonia
R. Marek, Clerk
For
Inland Wetlands Commission
