Tuesday, September 17, 2019


MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, AUGUST 19, 2019                                                   Page 1 of 4

The regular meeting of the Inland Wetland Commission was called to order at 7:35 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following members of the Inland Wetlands Commission were present:

         Kristine Sullivan, Chairman

         Nancy Scanlon, Member

         Charles Clark, Member

         James Nickle, Member

         Anjuli Cokic, Member

 

Also present was Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS 

 

1.      Discussion with Karl Larson of 80 Bethmour Road, regarding platform steps

 

No one was present.  No discussion.

 

 

2.      40 and 44 Peck Road, Application #1322 submitted by the Town of Bethany for an IW Permit for routing maintenance of plunge pools

 

The Commission formally received the application.  No one was present to speak on behalf of this application.

 

Commission members reviewed the site plan submitted on August 5, 2019, and was previously stamped received May 29, 1997.  Some comments by members were:

·         There were two plunge pools existing.

·         This permit is to establish some drainage going out to the wetlands.

·         Town working without a permit and was asked to stop work.

·         Possibly routine maintenance but need to check that it is not being expanded.

·         Commission would like to schedule field walk.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 16, 2019.  Tabled.

 

 

3.      39 Round Hill Road, Application #1323 submitted by Kathleen LaTronica for an IW Permit for a new drainage pattern

 

The Commission formally received the application.  Present to speak on behalf of the application was Theron Simons, who is representing the owners.

 

 

 

 

 

Some comments by Mr. Simons during discussion were:

·         Most of the property is in Woodbridge but the subject work area is in Bethany.

·         There are two outlets that are flowing over the land.  We are proposing to pipe from the outlet in the driveway to the plunge pool and pipe water from the Town road outlet down to common plunge pool for both outlets.

·         Trying to make property useable for horses.

·         Who will be responsible for Town water?

 

Some comments by the Commission during discussion were:

·         Need copy of the drainage calculations to send out to our consultant for review.

·         Need to get input from Director of Public Works in regard to the Town water.

·         Commission would like to schedule a field walk.

 

Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting adjourned to Monday, September 16, 2019.  Tabled.

 

 

OLD BUSINESS

 

1)      Continue 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

 

Chair Sullivan stated the Commission did go out and field check the property on July 27, 2019, and that Jim Rosson of Jim’s Landscaping is willing to drag the wood out and not destroy the wetlands.   

 

It was moved by Clark and seconded by Nickle to rescind the Cease and Desist Order, dated April 13, 2019, issued to Lizbeth Kelley for property located at 42 Deerfield Lane subject to the following:

·         There are three piles of downed trees to be removed.

·         The contractor shall use a drag line to pull out the trees.

·         There is to be no tracked vehicles in the wetlands and this activity is to be done while the ground is “dry” to allow area to naturally re-vegetate in the fall.

·         Isabel Kearns, Inland Wetlands Enforcement Officer, shall be notified prior to any work taking place.

Vote 5 to 0.

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

Unanimous approval.

 

 

 

 

 

 

 

 

 

 

 

2)      5 Hatfield Hill Road – Farming of wood

 

Chair Sullivan stated the Commission did go out and field check the property on July 27, 2019, and that the Commission needs to make a determination that there is no permit necessary for the work requested to remove the wood from the lot facing Valley Road.

 

The Commission received a Soil Report from Steven Danzer, PHD & Associates LLC, Wetlands and Environmental Consulting, dated July 25, 2019, Re:  5 Hatfield Hill Road, Bethany.  The Commission discussed and proceeded to deliberate.

 

It was moved by Sullivan and seconded by Clark that the Inland Wetlands Commission has determined that the work the property owners of 5 Hatfield Hill Road, Ryan and Anjuli Cokic, have proposed to remove the wood from their lot facing Valley Road is in the upland review area and  is as of right related to farming.  The property owners will be stumping only in the upland area and will be bringing a log splitter in to split the wood and then the firewood shall be stacked in the area currently cut, which is all upland area.  Also, the property owners in the future would like to place a hoop structure for their garden in the upland area.  The dead trees in the wetlands can be cut but not stumped and removed by hand unless the ground is frozen.

Member Cokic abstained.

Vote 4 to 0.

Voting for:  Sullivan, Scanlon, Clark, Nickle.

Unanimous approval.

 

 

APPROVAL OF MINUTES

 

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

Cokic abstained.

Voting for:  Sullivan, Scanlon, Clark, Nickle.

Unanimous approval.

 

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

Cokic abstained.

Voting for:  Sullivan, Scanlon, Clark, Nickle.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Letter from Isabel Kearns, IWEO, to Mr. & Mrs. Mark Mirmina, dated August 12, 2019, Re:  Notice of Violation, earth material deposit along roadway in wooded wetland area, 27 Hinman Road.

 

 

 

 

 

 

2)      Letter from Isabel Kearns, IWEO, to Louis Criscuolo Jr., dated August 12, 2019, Re:  Notice of Violation, earth material deposit along roadway in wooded wetland area,        31  Hinman Road.

3)      Letter from Isabel Kearns, IWEO, to Amy Conte, dated August 12, 2019, Re:  Notice of Violation, silt fence is down, 40 Munson Road.

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Saturday, September 7, 2019.  Members to meet at the Town Hall for 8:30 a.m.  Sites to be visited are as follows:

·         40 and 44 Peck Road

·         256 Amity Road

·         39 Round Hill Road

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Scanlon            and seconded by Clark to adjourn the regular meeting at 8:38 p.m.

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

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission