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
