MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, NOVEMBER 18, 2019                                              Page 1 of 5

The regular meeting of the Inland Wetland Commission was called to order at 7:30 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

         James Nickle, Member

         Anjuli Cokic, Member

 

The following member of the Inland Wetlands Commission was excused:

         Charles Clark, Member

 

Also present was Isabel Kearns, Inland Wetlands Enforcement Officer

 

 

NEW BUSINESS 

 

1.      49 Round Hill Road, Robert McSherry, Application #1327 for an IW Permit for driveway for residence –

 

The Commission formally received the application.  Present to speak on behalf of this application was Bob McSherry, applicant.

 

Some items noted by the Commission were:

·         House construction will be in Woodbridge.

·         Driveway involves a wetlands crossing.

·         Commission would like to field check.

·         Asked applicant to stack driveway center line.

·         Commission received a letter from Kiyan Bakhtiari of 47 Round Hill Road, dated November 18, 2019.

·         Need drainage calculations.

·         Will forward application materials to Commission’s Consulting Engineer.

 

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

 

 

OLD BUSINESS

 

1)      39 Round Hill Road, Application #1323 submitted by Kathleen LaTronica for an IW Permit for a new drainage pattern –

 

Present to speak on behalf of this application was Theron Simons, agent for the Latronica’s.

 

 

 

 

 

 

Some items noted by the Commission were:

·         Received Soil Report from David H. Lord, Certified Soil Scientist & Environmental Consultant of Soil Resource Consultants, Meriden, Connecticut, dated November 4, 2019.

·         From the Soil Report it states that there was no wetland soil areas observed.

·         Received a memo from James Pretti, P.E., of Criscuolo Engineering, LLC dated November 15, 2019, Re:  Review comments on materials for 35, 39, and 45 Round Hill Road.

·         Received a letter from Kiyan Bakhtiari of 47 Round Hill Road, dated November 18, 2019.

·         Theron Simons submitted a letter from Brian Baker, P.E. of Civil 1 Engineers, dated November 18, 2019, Re:  Comments on review of James Pretti, P.E., memo dated November 15, 2019.

 

Also present were Kiyan and Adam Bakhtiari of 47 Round Hill Road.  The Bakhtiari’s addressed their concerns about the effect this activity is having on their property.

 

The Commission would like the Consulting Engineer to review the Civil 1 letter received dated November 18, 2019.  The clerk will forward to James Pretti, P.E. for review.

 

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

 

 

2)      184 Miller Road, Application #1325 for an After-the-Fact IW Permit to construct a 24-foot by 24-foot barn –

 

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

 

Some items noted by the Commission were:

·         The Commission did go out and field check the property.

·         A footing was put in prior to permit granted.

·         Some trees removed (not stumped) because of tornado damage.

·         Does the barn that was erected have any footing drains or roof leaders?  Isabel Kearns, IWEO, will contact the Building Official.

 

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

 

 

3)      176/165 Fairwood Road, Application #1326 for an IW Permit to replace existing substandard pipe, new catch basin and pipe –

 

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

 

 

 

 

 

Commission members discussed the improvements to the water quality and wetlands in that area and proceeded to deliberate.  It was moved by Cokic and seconded by Nickle to approve Application #1326 submitted by the Town of Bethany for an Inland Wetlands Permit to replace existing substandard pipe, new catch basin and pipe located at 176/165 Fairwood Road as presented in the application, testimony and in accordance with the submitted plan entitled, “Site Plan, Drainage Improvements, 185 Fairwood Road, Bethany, CT”, dated October 15, 2019, with no revisions, prepared by John Paul Garcia & Associates, Bethany, Connecticut.  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 site plan is followed as shown, there should be minimal or no adverse impact to the wetlands.

Vote 4 to 0.

Voting for:  Sullivan, Scanlon, Nickle, Cokic.

Unanimous approval

 

4)      256 Amity Road, Thomas Capasso, Continuation of show cause hearing and appropriate action regarding the issuance of a Cease and Desist Order, for work without a permit in the Regulated Upland Review Area, dated October 28, 2019. –

 

Present to speak on behalf of this property was Thomas Capasso, owner of record. 

 

Some items noted by the Commission were:

·         Commission members visited the site.

·         Mr. Capasso has installed a row of haybales and pulled wood operation back from wetlands.

·         Will plant trees for buffer.

·         Commission determined that the activity being conducted is a non-regulated activity.

·         If owner wants to do any specific site work (digging, stumping), notify the Commission first.

 

It was moved by Sullivan and seconded by Scanlon to lift the Cease and Desist Order, dated October 28, 2019, issued to TOC LLC c/o Capasso Landscaping LLC, located at 256 Amity Road for work without a permit in the Regulated Upland Review Area.  It was determined by the Inland Wetlands Commission that having reviewed the work being completed, this work is a nonregulated activity.

Vote 4 to 0.

Voting for:  Sullivan, Scanlon, Nickle, Cokic.

Unanimous approval.

 

 

APPROVAL OF MINUTES

 

1)      It was moved by Sullivan and seconded by Scanlon to approve, as submitted, the minutes of the October 21, 2019, Regular Meeting.

Voting for:  Sullivan, Scanlon, Nickle, Cokic.

Unanimous approval.

 

 

 

 

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

Voting for:  Sullivan, Scanlon, Nickle, Cokic.

Unanimous approval.

 

3)      It was moved by Nickle and seconded by Scanlon to approve, as submitted, the minutes of the November 7, 2019, Special Meeting.

Voting for:  Sullivan, Scanlon, Nickle, Cokic.

Unanimous approval.

 

4)      It was moved by Nickle and seconded by Scanlon to approve, as submitted, the minutes of the November 9, 2019, Special Meeting/Site Visit.

Voting for:  Sullivan, Scanlon, Nickle, Cokic.

Unanimous approval.

 

 

CORRESPONDENCE

 

1)      Letter from David H. Lord, Certified Soil Scientist & Environmental Consultant at Soil Resource Consultants, Meriden, Connecticut, dated November 4, 2019, Re:  Site Investigation for Wetland Determination – Drainage Project off Round Hill Road, Woodbridge, CT.

2)      Letter from Jim Pretti, P.E., L.S. from Criscuolo Engineering, dated November 15, 2019, Re:  Review of plans and drainage report for 45, 39 and 35 Round Hill Road.

3)      Letter from Kiyan Bakhtiari, dated November 18, 2019, Re:  45 Round Hill Road, proposed drainage plan.

4)      Letter from Kiyan Bakhtiari, dated November 18, 2019, Re:  Proposed development of   49 Round Hill Road and all associated lots.

5)      Letter from Bethany Town Clerk Nancy McCarthy, dated November 12, 2019, Re:  Requesting schedule of regular meetings for 13-month period beginning January, 2020 through January, 2021, with attached draft meeting schedule prepared by the IW Clerk.

 

 

PUBLICATIONS AND WORKSHOPS

1.      Connecticut Wildlife, September/October 2019.

 

SCHEDULE SITE VISIT

The Commission scheduled a site visit for Saturday, December 7, 2019.  Members to meet at 49 Round Hill Road for 8:30 a.m. 

 

 

 

 

 

 

 

 

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Scanlon and seconded by Cokic to adjourn the regular meeting at 8:35 p.m.

Voting for:  Sullivan, Scanlon, Huxley, Nickle.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For Inland Wetlands Commission