MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, MAY 20, 2019                                                         Page 1 of 6

 

The regular 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

         Nancy Scanlon, Member

         Rob Huxley, Member

         Charles Clark, Alternate Member, seated as a voting member

         James Nickle, Alternate Member, seated as a voting member

 

The following member of the Commission was absent:

         Roger Hathaway, Member

 

Also present was Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS 

 

1)      Discussion with Katie Copeland regarding a barn located at 25 Sabrina Drive –

 

No one was present for this discussion.  Isabel Kearns, IWEO, stated she mentioned to      Ms. Copeland about having a soil survey completed.

 

Commission members discussed and reviewed the old file regarding this property.  Some comments by the Commission members were that the property slopes down towards the road and that there are no wetlands on property.  Chair Sullivan stated there will be no wetlands permit required but the Commission would like to know what Ms. Copeland’s intentions are for the barn and what will be kept in the barn.

 

 

2)      It was moved by Huxley and seconded by Scanlon to add to the agenda for May 20, 2019, Application #1321 submitted by Hop Brook Storage for an Inland Wetlands Permit for outdoor storage of new portable toilets on existing driveway located at 43 and 51 Russell Road.

Voting for:  Sullivan, Scanlon, Huxley, Clark, Nickle.

Unanimous approval.

 

The Commission formally received the application.  Present to speak on behalf of this application were Bill and Wendy Grieger, applicants and owners of record.

 

The applicants submitted a site plan and stated that QVHD has reviewed the proposal and submitted a letter with no concerns, which is not in the file.   

 

The Commission reviewed the plan and would like to visit the property.  The Commission will schedule a site visit.  Mr. Grieger stated that he gives permission for the Inland Wetlands Commission to go on the property but no one else.

 

 

 

Also present was Mr. Robert Marinko Sr. of 55 Russell Road, who has concerns with this proposal.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, June 17, 2019.  Tabled.

 

 

3)       Show Cause Hearing pertaining to Cease and Desist Order, dated April 13, 2019, issued to Lizbeth Kelley for property located at 42 Deerfield Lane, prepared by Isabel Kearns, Inland Wetlands Enforcement Officer in regard to earth material introduced to property –

 

The Show Cause Hearing commenced at 7:53 p.m.

 

Present for the Show Cause Hearing were Mr. and Mrs. Kelley.

 

Some comments noted by Mr. Kelley were:

·         During tornado May 2018, 30 to 40 trees came down.

·         Trying to remove trees.

·         Bringing fill in to get traction for trucks to get trees out.

 

Commission members would like to visit the property and will schedule a site visit.

 

At 8:10 p.m., the Inland Wetlands Commission recessed the Show Cause Hearing and continued it to the next Regular Meeting on Monday, June 17, 2019.

Tabled.

 

 

OLD BUSINESS

 

1)      48 ANN DRIVE, Application #1320 submitted by Dean M. Perry for an Inland Wetlands Permit to replace existing pool with smaller pool and erect a 13 ½’ by 5’ resin deck –

 

No one was present to speak on behalf of this application.

 

The Inland Wetlands Commission visited the site on April 27, 2019.    Commission members discussed and proceeded to deliberate.

 

It was moved by Huxley and seconded by Clark to approve Application #1320 submitted by Dean M. Perry for an Inland Wetlands Permit to replace the existing pool with a smaller above ground pool and erect a 13 ½’ b 5’ resin deck located at 48 Ann Drive as presented in the application, testimony and in accordance with the submitted plan, untitled, prepared by Cheryl Perry, revised to April 11, 2019, 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 transported 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, Huxley, Clark, Nickle.

Unanimous approval.

 

 

2)      Continue Show Cause Hearing pertaining to Cease and Desist Order, dated April 8, 2019, issued to John Ciola for property located at 15 Johnson Road, prepared by Isabel Kearns, Inland Wetlands Enforcement Officer in regard to stockpiling of material. –

 

Present for the Show Cause Hearing continuation was John Ciola. 

 

The Inland Wetlands Commission visited the site on April 27, 2019.  Commission members discussed and proceeded to deliberate.

 

It was moved by Huxley and seconded by Clark to rescind the Cease and Desist Order, dated April 8, 2019, issued to John Ciola for property located at 15 Johnson Road subject to the following conditions:

A.    There shall be no more filling on the subject property.

B.     A map shall be created with Mr. Ciola, the IWEO and an IWC member present showing the measurements where the extended fill is located on the subject property for the file record.

Vote 5 to 0.

Voting for:  Sullivan, Scanlon, Huxley, Clark, Nickle.

Unanimous approval.

 

 

3)      Discussion and appropriate action on amended Cease and Desist Order, dated    November 13, 2018, amended on November 20, 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 –

 

Robert Huxley, Member, recused himself.

 

Commission members discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Scanlon to rescind the Cease and Desist Order, dated November 13, 2018, amended to November 20, 2018, issued to Alan Green, Director of Bethany Public Works Department and Paul Crotta, Registered Agent, Mesa Construction Company located at rural Old Mill Road, south of Valley Road subject to the following conditions:

a)      There shall be additional stone swales located in the long channel that runs on the east side of Old Mill Road.

 

 

 

 

 

b)      On the West side of Old Mill Road where the one very large tree was flagged to be removed with the steep slope, that once the tree comes down that there shall be more rip rap installed for better protection.

Vote 4 to 0.

Voting for:  Sullivan, Scanlon, Clark, Nickle.

Unanimous approval.

 

4)      Discussion with Susan March of 285 Sperry Road regarding location of shed for goats and the Farm Service Agency of the State of Connecticut – 

 

No one was present for this discussion.  This item will be removed from the agenda. 

 

 

APPROVAL OF MINUTES

 

1)      It was moved by Huxley and seconded by Scanlon to approve, as submitted, the minutes of the April 15, 2019, Regular Meeting.

Clark abstained.

Voting for:  Sullivan, Scanlon, Huxley, Nickle.

Unanimous approval.

 

2)      It was moved by Huxley and seconded by Clark to approve, as submitted the minutes of the April 27, 2019, Special Meeting/Site Visit.

Voting for:  Sullivan, Scanlon, Huxley, Clark, Nickle.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Cease and Desist Order from Isabel Kearns, Inland Wetlands Enforcement Officer, to Lizbeth Kelley of 42 Deerfield Lane, dated April 13, 2019, Re:  Earth Material introduced to property without erosion and sedimentation controls.

2)      Notification to the Bethany Inland Wetlands Commission of Tennessee Gas Pipeline Company’s intent to perform pipeline system maintenance activities in Bethany.

3)      Letter from Isabel Kearns, Inland Wetlands Enforcement Officer, to Harold, Thomas and Dina Durley of 74 Munson Road, dated April 23, 2019, Re:  Cease and Desist Order issued December 7, 2016, motorized vehicles in the wetlands.

4)      Letter from Isabel Kearns, Inland Wetlands Enforcement Officer, to Ferdinand Escoffery of 224 Falls Road, dated April 29, 2019, Re:  Notice of Violation, earth material is eroding form your property onto Falls Road.

Isabel Kearns, IWEO, stated driveway steep slope and unpaved.  Owner will be installing erosion controls.  Commission will conduct a drive by of the property.

 

 

 

 

 

 

 

 

 

PUBLICATIONS AND WORKSHOPS

 

1.      New England Interstate Water Pollution Control Commission, 2018 Annual Report.

 

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Saturday, June 1, 2019.  Members to meet at the Town Hall parking lot for 8:30 a.m.  Sites to be visited are as follows:

·         43 and 51 Russell Road

·         42 Deerfield Lane

·         Drive by of 224 Falls Road

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Huxley and seconded by Scanlon to adjourn the regular meeting at 8:28 p.m.

Voting for:  Sullivan, Scanlon, Huxley, Clark, Nickle.

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission