beagenda

MINU= TES

&nb= sp;

CONSERVA= TION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

&nb= sp;

WATERTOWN HIGH SCHOOL TECHNOLOGY CENTER

THURSDAY= , JANUARY 11, 2007 - 7:15 PM

PRESENT: &nbs= p; &= nbsp; &nbs= p; Lucia DiBona

= &nb= sp; = &nb= sp; Glenn Duplissie, Acting Secretary

= &nb= sp; = &nb= sp; Thomas Murphy

= &nb= sp; = &nb= sp; Joseph Polletta

= ; &n= bsp; = &nb= sp; Edwin Undercuffler, Vice Chairman

= &nb= sp; = &nb= sp; James Zawadzki, Chairman

ABSENT: = ; &n= bsp; = ; = Charles Thermer

ALTERNATES PRESENT: = ; Denise Russ

= &nb= sp; = &nb= sp; Martha Sturgis

ALTERNATES ABSENT: = ; <= /span>Peter Peluso

OTHERS PRESENT: &n= bsp; = ; Moosa Rafey, Assistant Zoning Enforcement Officer

1. = Call Meeting To Order

Mr. Zawadzki, Chairman, called the Regular Meeting to order at 7:32 p.m.

2. &nb= sp; Roll Call

Mr. Duplissie, Acting Secretary, executed the Roll Call.

Mr. Zawadzki, Chairman, asked Ms. Sturgis to sit in for Mr. Thermer, in his absence.

3. = Public Participation

&= nbsp; None

4. = Action on Minutes

&nb= sp;

= A. = Regular Meeting, May 11, 2006

= B. = Continuation of Public Hearing, June 15, 2006, App. #547, Watertown Woods, L= LC

= C. = Continuation of Public Hearing, June 15, 2006, App. #546, Patrick Graziano

= D. = Continuation of Public Hearing, June 15, 2006, App. #549, Patrick Graziano

= E. = Regular Meeting, June 15, 2006

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 2

= F.      =             Special Meeting Public Hearing, July 6, 2006, App. #552, Anthony Ca= ruso

= G.      =            Special Meeting Public Hearing, July 6, 2006, App. #556, Water & Sewer

= H.      =            Special Meeting Public Hearing, July 6, 2006, App. #557, Donald Cur= tiss

= I.      =             &nb= sp; Continuation of Public Hearing, July 20, 2006, App. #549, Patrick Graziano

= J.      =              Regular Meeting, July 20, 2006

= K.      =           Continuation of Public Hearing, August 10, 2006, App. #552, Anthony Caruso

= L.      =             Continuation of Public Hearing, August 10, 2006, App. #556, Water &= amp; Sewer

= M.      =          Continuation of Public Hearing, August 10, 2006, App. #557, Donald Curtiss

= N.      =           Public Hearing, August 10, 2006, App. #563, Golden Acres, LLC<= /o:p>

= O.      =           Public Hearing, August 10, 2006, App. #567, Zohra Rafey<= /span>

= P.      =             Regular Meeting, August 10, 2006

= Q.      =           Continuation of Public Hearing, September 14, 2006, App. #552, Anth= ony Caruso

= R.      =            Continuation of Public Hearing, September 14, 2006, App. #557, Dona= ld Curtiss

= S.      =             Continuation of Public Hearing, September 14, 2006, App. #563, Gold= en Acres, LLC

= T.      =             Regular Meeting, September 14, 2006

= U.      =            Public Hearing, October 12, 2006, App. #573, Heritage Development G= roup

= V.      =            Public Hearing, October 12, 2006, App. #578, Anthony Caruso

= W.      =          Regular Meeting, October 12, 2006

= X.      =            Continuation of Public Hearing, November 16, 2006, App. #573, Herit= age Development Group

= Y.      =            Continuation of Public Hearing, November 16, 2006, App. #578, Antho= ny Caruso

= Z.      =             Regular Meeting, November 16, 2006

= AA.      =      Continuation of Public Hearing, December 14, 2006, App. #573, Herit= age Development Group

= BB.      =       Continuation of Public Hearing, December 14, 2006, App. #578, Antho= ny Caruso

= CC.      =      Regular Meeting, December 14, 2006

        &= nbsp;   MOTION:       (Mr. = Duplissie, sec. Mr. Undercuffler) to Approve Items 4A through 4D and Table Items 4E th= rough 4CC as presented.

&nb= sp;

        &= nbsp;   Discussion:       None<= o:p>

&nb= sp;

=             M= OTION PASSED UNANIMOUSLY

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5.         = Pending Applications

&nb= sp;

A.  &n= bsp;     Application #573 of Heritage Development Group, Inc. for construction of Age Restricted Planned Residential Development on Bunker Hill Road, Watertown, CT.

If a Public Hearing is Closed on January 11, 2007, then a decision is required= by March 16, 2007.

Mr. Zawadzki: Any further discussion on this one= ?

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PAGE 3

Mr. Undercuffler: What did we find out about the 65/35 question?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> I think that was a mistake, the ta= ble that I had, it has been revised, it says 65 days, according to that book it= 's 35 days.

Mr. Polletta: <= /b> Attorneys are always right.

Mr. Zawadzki: I want a motion to direct staff to= write a motion for approval for this application for next month's meeting.

Mr. Polletta: <= /b> Mr. Chairman, because they went out= of their way, I would say that at the beginning they were looking to get an approval, until we could do it tonight, but can we have a special meeting f= or this so that way they can, I mean we can write the motion but maybe just to vote on this because they don't have enough time.

Mr. Zawadzki: Well yea, I think you do, but the = motion is going to be very detailed because all these things we discussed, all the things that Mr. Allen brought up, all of those things become a condition of approval, all of those have to be drafted in and I think we should see it in writing.

Mr. Polletta: <= /b> I understand that and I think it's = everybody's concern, but I would suggest if we could have a special meeting before the = end of the month, that way we can . . . .

Mr. Zawadzki: Well we have 35 days.

Mr. Polletta: <= /b> I know.

Mr. Duplissie:<= /b> When is the next P & Z meeting= ?

Mr. Rafey: = February 7th.

Mr. Duplissie:<= /b> And our next meeting is February 8= th.

Ms. Sturgis: How long would it take you to draft= it Moosa, to get it for a special meeting?&nb= sp; Could you have it done within the next week or so?=

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> If you want, yes, I could do that.=

Mr. Polletta: <= /b> Well my point is if they need it be= fore Planning and Zoning and if they did everything and Mr. Allen is happy with = all of the work that they've done, I'm just saying if we could have our motion completed and vote on it before the P & Z meeting, because if we meet a= fter the P & Z, then they have to wait 2 months. Am I right or wrong?

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PAGE 4

Ms. Sturgis: That's right.

Mr. Polletta: <= /b> So if we could do that, because I t= hink they went out of their way, they worked with us, and they gave us everything that we asked for.

Mr. Zawadzki: How does everyone else feel? I don't have any objections to a s= pecial meeting. I think we should dr= aft a motion first.

Mr. Duplissie: = I don't even have a problem voting = on it tonight.

Mr. Zawadzki: Well I do.

Mr. Duplissie: = Well if you have a problem, then we= 'll give Moosa a chance to write it up because typically we vote where subject = to conditions and this one is a lot of subject so if we want to have a special meeting, if he can write it up within the next week or so, can we meet, we'= re leaving when? We're gone all = next week? So we can meet on the 2= 1st, 22nd.

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> I have a meeting with the Zoning B= oard of Appeals on January 27th.

Mr. Duplissie: = How about like the 22nd or 23rd?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> Well actually the Z.B.A. is on the= 24th.

Mr. Duplissie: = How about the 23rd?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> That's fine.

Mr. Zawadzki: <= /b> What do you think it would take you= to draft it?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> I can do that, it's fine.

Mr. Zawadzki: <= /b> Give yourself time.

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> I can do that.

Mr. Zawadzki: <= /b> 23rd? Well meet at the Planning and Zoni= ng Office at 6:30 p.m.

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> That's fine.

Mr. Duplissie: = Does that work for you then? If he works to get that done for y= ou?

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Mr. Houlihan: Yea, that's good, that gets us ahe= ad of them and then they're not, we're going to submit the drawings that we have = now to them and that way they can get a heads up on some of the changes that we made, and by the time we meet next on February 7th, they'll know where we stand. That's very much appreciated, it saves a lot of time.

        &= nbsp;   MOTION:       (Mr. = Polletta, sec. Mr. Duplissie) to Table Application #573 of Heritage Development Group, Inc. for construction of Age Restricted Planned Residential Development on Bunker Hill Road, Watertown, CT.

&nbs= p;

        &= nbsp;   Discussion:       None<= o:p>

&nb= sp;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

6.  &n= bsp;      New Applications

A.  &n= bsp;     Application #581 of Janet Dupinto for construction of a sunroom inside the upland review area at 60 Georgetown Driv= e, Watertown, CT.

If a Public Hearing is not held then a decision is required by March 16, 2007.=

Mr. Zawadzki: <= /b> This looks like it's pretty cut and= dry.

Mr. Polletta: <= /b> They're not here, right?=

Mr. Rafey: = We sent them an Agenda.<= /span>

Mr. Zawadzki: <= /b> We can't vote on it tonight anyway.=

Mr. Rafey: = If you look at the map at the back = of the packet . . . .

Mr. Zawadzki: <= /b> The whole house is already in the s= etback area.

Mr. Rafey: = The shaded area is a patio now, the= y want to remove the patio for the sunroom, this is within the 50 foot setback area and that's why they are in front of you.

Mr. Duplissie: I can't understand how= the whole house is in the setback area.

Mr. Rafey: = When they approved this subdivision= , the lot was approved like this.

Mr. Zawadzki: <= /b> 80% of the house is within the setb= ack.

Mr. Polletta: <= /b> Unbelievable.

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PAGE 6

Mr. Undercuffler: How long ago was that?=

Mr. Rafey: = Before I came.

Mr. Zawadzki: <= /b> That's Bunke= r Hill.

Many people talking at once (inaudible).

Mr. Zawadzki: <= /b> Does anybody feel that this needs t= o be looked at?

Mr. Polletta: <= /b> (Inaudible) I think (inaudible) at = least when you vote on it, you'll know what you're voting on.

Mr. Duplissie: If it's there, it's there. I don't know. Have you been to this?<= /span>

Mr. Rafey: = I was there during the construction= of the house.

Mr. Duplissie: And this patio is existing, where they're going to . . . .

Mr. Rafey: = It wasn't a part of the house but t= hey put a patio on.

Mr. Duplissie: What are you going to do? Are you going to stop the= m from putting a pad? Where is the wetlands?

Mr. Rafey: = The wetlands are that line.

Mr. Zawadzki: <= /b> Are these hay bales?

Mr. Rafey: = Those are hay bales.

Mr. Zawadzki: <= /b> This looks like it's pretty cut and= dry.

Mr. Polletta: <= /b> They're not here, right?=

Mr. Duplissie: Is this the side that slopes down towards Stop & Shop?

Mr. Rafey: = Yes, Kmart, in that direction.=

Mr. Polletta: <= /b> Glenn had a good point, if it's alr= eady there, what are we going to do?

Mr. Zawadzki: <= /b> The whole house is in the setback.<= o:p>

Mr. Duplissie: But this Commission wo= uld not approve this, the house.

Mr. Polletta: <= /b> In a new subdivision we would not do that.

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PAGE 7

Mr. Duplissie:<= /b> But even in this old subdivision t= hey should not have approved this house.

Mr. Rafey: = (Inaudible.)

Mr. Duplissie: What are you going to = do now?

Mr. Rafey: = After February 7th.

Mr. Undercuffler: What's that parking lot? Who's is that?

Mr. Rafey: = That (inaudible).=

Mr. Zawadzki: <= /b> That's next. We're talking about Georgetown Drive here, item 6A. What's the feeling? Go look at it?

Mr. Duplissie: I don't think we have = to look at it.

Mr. Zawadzki: <= /b> I don't either.

Mr. Duplissie: What are they going to do? They're not going to buil= d it off their property and their property line is right here, they have no property.

Ms. Sturgis: What is this (inaudible)?

Mr. Zawadzki: <= /b> No, that was hay bales.<= /span>

Ms. Sturgis: No, (inaudible).<= /p>

Mr. Duplissie: Yea, he said they had = some sort of a deck or patio.

Mr. Rafey: = They had a patio there, they remove= d the patio and want to put a sunroom in there.

Mr. Polletta: <= /b> So what is there now, nothing?=

Mr. Rafey: = I think the contractor already dug = the hole.

Mr. Polletta: <= /b> So it's going to be a concrete patio closed in?

Mr. Rafey: = No, just a sunroom.

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PAGE 8

Mr. Duplissie: I would definitely want them to put new silt fence up, cause they've put it already without permiss= ion, so if anything I'd like you to visit the site and make sure there's silt fe= nce and hay bales up, because this does slope down the hill, so if they put the= (inaudible) on that hillside it really does drop off over there, so silt fence, hay bal= es and try to minimize the amount of impact.&= nbsp; I don't know what else to do. It's not going to change it to go to the site.

Mr. DiBona: It's not going to change anything.<= o:p>

        &= nbsp;   MOTION:       (Mr. Duplissie, sec. Mr. Polletta) to Table Application #581 of Janet Dupinto for construction of a sunroom inside the upland review area at 60 Georgeto= wn Drive, Watertown, CT.

&nbs= p;

        &= nbsp;   Discussion:       None<= o:p>

&nb= sp;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

7.  &n= bsp;      Old Business

        &= nbsp;   A.        Town Attorney's letter dated December 26, 2006 concerning Application #576 Cherry Avenue Estates 3-Lot Subdivision.

Mr. Rafey: = Atty. Pilicy sent this to Atty., He= ss because there was a conflict of interest, Atty. Pilicy has represented the property owner once in the past. I had a meeting with Atty. Hess and we went through all of the issues, and he= 's waiting for the minutes of the meeting where we discussed this application = and approved it. I think Lynn is working on that. Hopefully tomorrow or M= onday?

Ms. LaForme: Yea, by Monday definit= ely.

Mr. Duplissie: So at this point there= is nothing to discuss until we have the minutes and why he feels one way or the other. He has to either agree= with us that we have the right to do this or he'll tell us that we were (inaudib= le).

Mr. Rafey: = What happened is, if you remember, = there are like 3 different alternatives, and the Commission picked the one where = all the activities were outside the regulated area, but still they got their 3 = lots that they proposed, and this Commission approved this subdivision. Then they went to the Planning and Zoning Commission for a preliminary discussion before they submitted their formal application and some members of the Planning and Zoning Commission s= aid they didn't like common driveways in an R-12.5 zone, which is a high density residential zone. I checked t= he Zoning Regulations and the Subdivision Regulations and our Town regulations doesn't prohibit common driveways for an R-12.5, I think it was the feeling= of some members of the Planning and Zoning Commission that they didn't want it= .

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PAGE 9

That is why they appealed the decision of this Commission, based on preliminary discussions with the Planning and Zoning Commission. They said that this Commission kind of forced us to put the common driveway outside of the regulated area and the Planning and Zoning Commission is not going to appro= ve this.

Mr. Duplissie: But the P & Z told them, they gave them basically a recommendation that they do not want it, i= t's not that it's against their regulations, (inaudible).

Mr. Rafey: = No, they don't favor it.=

Mr. Duplissie: But what we did is we pulled them out of our wetlands, it's an uphill site and their driveways sl= ope down towards the wetlands, so regardless of whether they put a gravel drive= way or they put an asphalt driveway, all of the water from those driveways are coming down into the wetlands so it was going to effect, I mean it says here adverse wetlands impact, and the way we looked at it is, if we had those driveways there it was adverse. We prefer to have the 50 foot upland review area as the buffer to run the water that comes down off these driveways across a lawn or whatever it is, whether it's going to be grass, ground, whatever it is, to filter before it hits the wetlands.

Mr. Rafey: = You did your job. There were 3 different alternatives. You picked the = best alternative from a wetlands perspective.

Mr. Duplissie: What we felt was the b= est.

Mr. Rafey: = Yes., which has the least impact on= the wetlands.

Mr. Zawadzki: And the important thin= g is it was an alternative that they submitted.

Mr. Rafey: = And you didn't deny this applicatio= n.

Mr. Duplissie: Cause we (inaudible) t= hat was kind of one of the alternatives that we wanted, and we talked to the engineer and they drew it up and gave it to us.

Mr. Polletta: <= /b> So right now, because of that (inau= dible) we can easily make that into two lots and that way they can have two drivew= ays.

Mr. Rafey: = Yes, put one driveway to one big lo= t and one . . . . .

Mr. Duplissie: Which is one of the th= ings that we had suggested to them to make it just 2 lots, but they felt that th= ey had put too much money into it to make it 2 lots, they wanted 3 lots out of= it in order to get the money that they had invested. If I remember correctly that's wha= t we talked about in the meeting.

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PAGE 10

Mr. Undercuffler: All the lawyer is going to do is gi= ve us his opinion, right?

Mr. Undercuffler: And if we don't like i= t we can accept it or not.

Mr. Rafey: = This will go to court. You did your job, you picked the b= est feasible and prudent alternative which has the least impact on the wetlands. At the same time you approved the 3 lot subdivision that they proposed. If it's a planning issue then they should deal with the Planning and Zoning Commission about the common drivew= ay in an R-12.5 zone.

Ms. Sturgis: And the lawyer could j= ust say Planning and Zoning doesn't have a right to say no to this based on the= way (inaudible).

Mr. Rafey: = They can't, first of all they should submit a formal application, and then if the Planning and Zoning Commission denies it, then they have the right to appeal it.

Mr. Duplissie: This is exactly what w= e're taking about, we've got this house that we just talked about on Georgetown where = somebody approved this lot where the whole house is in the upland review area and it= 's only 5 feet from the wetlands. Now what do we do with these poor people? They already own the house. They bought the house not knowing okay that they're in an upland rev= iew area and they can't even put a little sunroom in a corner of their house, according to our regulations. But we're not here to punish this guy. What we're here to do is to stop more of that from happening with th= ese lots. That's our job, otherwi= se we might as well just pack up and go home. That's the way I look at it. Here there's nothing we can do. This is a 3 lot subdivision that's= got wetlands on it, let's keep them away from it, keep them out of the upland, = keep them away from our wetlands, if he makes it a 2 lot subdivision so be it, h= e's made money on another one, sometimes you win, sometimes you lose, but this = one here he was thinking 7 or 8 lots. It's not our fault that it doesn't work for him. Our job is to protect the wetlands= and that's what we're going to do.

Mr. Rafey: = And that's what you did.=

Mr. Polletta: So who will make the decision now?

Mr. Zawadzki: <= /b> The judge.

Mr. Polletta: So it's out of our han= ds.

Mr. Zawadzki: <= /b> Yea, this is just a point of inform= ation.

Mr. Rafey: You made your decision, you approved the subdivision, they appealed your decision, let's see what happens.

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PAGE 11

Mr. Duplissie: = So we don't have to do anything?

Mr. Rafey: No, this was just for = your information.

8.         = New Business

&nb= sp;

      &= nbsp;     A.        Referral from Town of Middlebury concerning 2191 St= raits Turnpike, Middlebury, Watertow= n.

Mr. Zawadzki: <= /b> This is the one you were looking at= Ed, it has a parking lot, there's no impact in wetlands in Watertown and therefore this is again j= ust for our information. They hav= e to submit this to the Middlebury Inland/Wetlands Conservation Commission, not to us.<= o:p>

Mr. Rafey: If you look at this ma= p, this dark line, this is the Town line.&nbs= p; On the right hand side is Watertown; on the left side is Middlebury. The parking lot is in the Town of = Watertown. If you look at this area, the wetl= ands and 50 foot setback line is here. We don’t propose any activity within the regulated areas in the Town of = Watertown. I went to the site, that's why the= re is no action required from this Commission on this application.

Mr. Duplissie: Is this how this match= es up, kind of like this?

Mr. Rafey: = Yes. But they have to go the Middlebury Wetlands Commission to get their permit for other activities.

Mr. Duplissie: But wasn't this the si= te that they were going to do some work in Watertown?

Mr. Zawadzki: <= /b> They're in Watertown, but not in the wetlands.

Mr. Rafey: = The parking area is within Watertown.

Mr. Duplissie: This area here.

Many people talking at once (inaudible).

Mr. Undercuffler: They came before us, their lawyer h= ad a petition from Middlebury or Wa= tertown people?

Mr. Rafey: = I don't know what happened with the= ir application in Middlebury, I don't know if they withdrew it or it was denie= d, but they resubmitted an application to Middlebury, they have to send it to = us because we are within 500 feet of this property and a part of this is in our Town.

Mr. Duplissie: Yea, but where does the water go now from this drainage?

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PAGE 12

Mr. Rafey: = It goes towards the wetlands in Mid= dlebury. But if you (inaudible) you'll see = Watertown is highe= r than Middlebury, everything goes into Middlebury.

Mr. Duplissie: I'm just looking to see what they have for drainage, I don't see any outflow, do you?

Mr. Polletta: What do we do with thi= s, Moosa?

Mr. Rafey: = It's just for your information.

Mr. Zawadzki: <= /b> This is the building itself and the parking around the building. = This is a parking lot. This is pro= bably where it's proposed, but that's where they'll probably put cars.

Mr. Polletta: You know where they ha= ve the parking lot now? They're proposing a new building there.

Mr. Duplissie: In the back, and they'= re adding more parking and they're adding all this parking here, but I donR= 17;t know where all this water goes from this parking lot.

Mr. Rafey: = It goes to Middlebury.

Mr. Duplissie: So it's going to come = down into the Middlebury wetlands?

Mr. Rafey: Yes.=

Mr. Duplissie: Even though they're building this parking lot in W= atertown, we don't have to look at how = this slops off? Cause if it slopes= this way and runs off into our wetlands . . . . do we want to look at that?=

Mr. Rafey: = If you want to go look at it . . . = . .

Mr. Zawadzki: We're not obliged to, = but we can.

Mr. Rafey: = They have to go the Planning and Zo= ning Commission for site plan approval because the parking lot and at that time our Town En= gineer will look at the drainage plan.

Mr. Duplissie: Okay, cause it drops o= ff to the wetlands, 16 feet to the wetlands from that parking lot.<= /span>

Mr. Rafey: = But they don't propose any activity within the regulated area.

Mr. Duplissie: But I thought we had rights that we were the Inland/Wetland Conservation Commission, not just a = wetland Commission.

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PAGE 13

Mr. Rafey: = They're not cutting trees or anythi= ng.

Mr. Duplissie: It's an existing parki= ng lot.

Mr. Rafey: = Only if this development had adverse impact on wetlands you can ask them to submit an application to your Commis= sion for a public hearing or your review.

Mr. Duplissie: So Chuck will take car= e of the drainage? We don't have to worry about drainage?

Mr. Rafey: = When they go to P & Z for site = plan approval Chuck will look at this, but again it's up to the Commission if you want the applicant to submit an application to you for review, you can ask.=

Mr. Duplissie: I don't know how many parking spaces that is, but that's a major area that's going to be asphalted. And if it's asphal= ted, that's a ton of water going into the wetlands.

Mr. Zawadzki: Well depending on wher= e it goes. They don't show drainag= e.

Mr. Duplissie: I don't see any draina= ge, I don't see . . . . is there = . . . .

Mr. Zawadzki: <= /b> There might be a curb around it for= all we know.

Mr. Duplissie: If they have infiltrat= ors or . . . . .

Mr. Rafey: = Last time when they submitted this = plan to us for review, Chuck Berger and I looked at this together and we determi= ned that there was no activity in the Town of Watertown. But again for drainage, this will = go to the Planning and Zoning Commission for site plan approval, if they propose = any activity that impacts wetlands, at that time Chuck can tell them that they = have to go to the Wetlands Commission first.

Mr. Zawadzki: And this is from the T= own of Middlebury, not from the applicant.

      &= nbsp;     B.         = Conservation Commission/Inland Wetland Agency Budget 2007/2008.

Mr. Rafey: = Here's a copy of the budget for everybody. This is the same b= udget we had last year, and starting on Page 3 there is a description for each li= ne item. If there are no questio= ns, we just need a Motion to approve.

(Tape #1, Side B ended - may have missed some.)

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

JANUARY 11, 2007

PAGE 14

Mr. Undercuffler: There's enough here for the Town Engineer to attend these meetings?

Mr. Rafey: = Yes.

Mr. Duplissie: We have advertised $3,= 500 for public notices, is that enough?

Mr. Rafey: = Yes. Really covers most of the money that we . . . .

Mr. Zawadzki: Is the $3,500 what we actually spend or is that before we (inaudible)?

Mr. Rafey: = Proposed.

Mr. Polletta: How do you arrive at t= hese figures? Like Overtime?<= /o:p>

Mr. Rafey: = Past experience.<= /p>

Mr. Polletta: When we have a big pro= ject like tonight, do they pay for that overtime, or the Town?=

Mr. Rafey: = An application like this, we charge= the applicant like $2,000 or $3,000 and that will cover our time.

Mr. Polletta: If we have this special meeting and you have to stay then they have to pay you, right?

Mr. Rafey: = Yes.

Mr. Polletta: Now when they pay you = (inaudible) the Town pays?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> Yes, the Town pays through the Gen= eral Fund.

Mr. Zawadzki: Well they try to cover that by fee= s.

Mr. Duplissie:<= /b> One of the things we want to chang= e is the pricing structure on how we charge for these developers to bring these projects in front of us. Whet= her we charge by the acre, or by the building, a lot of work to go and review and = have him visit the site, it's not just . . . .

Mr. Polletta: How do we charge now, so much perc= ent, fee?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> For a subdivision it's like $250 b= ase fee, we change $50 per lot and $30 for (inaudible).

Mr. Duplissie:<= /b> Which is not enough.

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

JANUARY 11, 2007

PAGE 15

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> No.

Ms. Sturgis: Yea, but fines, I thought we were = going to charge more with fines?

Mr. Duplissie:<= /b> Well we already . . . . .

Mr. Rafey: = We send it to the Town, it's up to = the Town Council.

Mr. Duplissie:<= /b> We can only suggest to the Town Co= uncil (inaudible). Same thing with raising the fees. We gave them our recommendation and then the Town makes t= he decision.

        &= nbsp;   MOTION:       (Mr. Duplissie, sec. Mr. DiBona) to approve the Conservation Commission/Inland Wetland Agency Budget for 2007/2008.

&nbs= p;

            Discussion:       None<= o:p>

&nbs= p;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

9.         = Communications and Bills

&nb= sp;

      &= nbsp;     A.        Registration Form for Land Use Forum

        &= nbsp;           &nbs= p;   Mr. Zawadzki: I want to go. Anybody else?

&n= bsp;            = ;           Mr. Rafey: If anybody is interested, please l= et me know.

&n= bsp;            = ;           Mr. Duplissie: I'll go.

&n= bsp;            = ;           Mr. Polletta: I'll go.

        &= nbsp;   = ;           Mr. DiBona: I'll go.

        &= nbsp;   MOTION:       (Mr. = Polletta, sec. Mr. Duplissie) to accept Communications and Bills as presented.

&nbs= p;

            Discussion:       None<= o:p>

&nbs= p;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

10.       Repor= ts from Officers and Committees

&nb= sp;

            None

11.       Repor= ts from Staff

None

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

JANUARY 11, 2007

PAGE 16

12.     &n= bsp; Public Participation

&nb= sp;

Mr. Duplissie:<= /b> I want to welcome Tom Murphy.=

Ms. Sturgis: I've enjoyed serving on this Commission. It's been interes= ting, fun.

Mr. Zawadzki: Thank you, Martha. We'll miss you.=

Mr. Duplissie: = And you too, Ed, I hear this is you= r last one.

Mr. Zawadzki: <= /b> Thanks a lot, Ed, I appreciate your service.

13.       Adjou= rnment

&nb= sp;

        &= nbsp;   MOTION:       (Mr. = Duplissie, sec. Mr. Undercuffler) to Adjourn the Regular Meeting at 8:03 p.m.

  &nbs= p;         Discussion:       None<= o:p>

  &nbs= p;         MOTION PASSED UNANIMOUSLY

  &nbs= p;         Regular Meeting Adjourned at 8:03 p.m.

&n= bsp;

Respect= fully submitted,

&n= bsp;

&n= bsp;

&n= bsp;

James Zawadzki, Chairman

Conserv= ation Commission/

Inland Wetlands Agency

  &nbs= p;         _________________= _________________

      &nb= sp;     Lynn M. LaForme, Minutes Secretary