MINU=
TES
CONSERVA=
TION
COMMISSION/INLAND WETLANDS AGENCY
REGULAR
MEETING
THURSDAY=
, APRIL
12, 2007 - 7:30 P.M.
PRESENT: =
; &n=
bsp; =
; Lucia
DiBona
=
&nb=
sp; =
&nb=
sp; Glenn
Duplissie
=
&nb=
sp; =
&nb=
sp; Donato
Orsini, Vice Chairman
=
&nb=
sp; =
&nb=
sp; Joseph
Polletta
=
&nb=
sp; =
&nb=
sp; Edwin
Undercuffler
=
&nb=
sp; =
&nb=
sp; James
Zawadzki, Chairman
ABSENT: =
; &n=
bsp; =
; =
Thomas
Murphy, Secretary
ALTERNATES PRESENT: =
; Scott
Marotta
ALTERNATES ABSENT: =
; <=
/span>Greg Hawes
=
&nb=
sp; =
&nb=
sp; Denise
Russ
OTHERS PRESENT: &n=
bsp; =
; Chuck Berger, Town Eng=
ineer
=
; &n=
bsp; =
; &n=
bsp; =
; Moosa Rafey, Assistant Zoning Enforcement Officer
1. =
Call
Meeting To Order
Mr.
Zawadzki, Chairman, called the Regular Meeting to order at 8:05 p.m.
2. &nb=
sp; Roll
Call
Mr.
Zawadzki, Chairman, executed the Roll Call.
Mr.
Zawadzki, Chairman, asked Mr. Marotta to sit in for Mr. Murphy, in his abse=
nce.
3. =
Public
Participation
&=
nbsp; Daniel
Caoqette,
&=
nbsp; Mr.
Caoqette: I want to be ad=
ded to
the Agenda. It's
&=
nbsp; Mr.
Rafey: They cannot wait a=
nother
month, so I told him to come here and ask to be added to the Agenda.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 2
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Orsini) to Add Agenda Item 6D, Application #590.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; Ted
Crawford, Professional Engineer
&=
nbsp; Mr.
Crawford: I want to be ad=
ded to
the Agenda. It's Highview Est=
ates,
Phase 3, 8
&=
nbsp; Mr.
Rafey: I did speak to the
Chairman about this.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Orsini) to Add Agenda Item 6E, Application #591, Highview
Estates, Phase 3.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; Chuck
Berger, Town Engineer
&=
nbsp; Mr.
Berger: I'm here to reque=
st
that two applications be added to the Agenda tonight. The first one is a 1 lot subdivisi=
on on
the John Trumbull School Property.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Add Agenda Item 6F, Application #592, Town of
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; Mr.
Berger: The second item i=
s a
request to modify a permit that was issued to the Town for the Guernseytown
Road Phase I Project.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Add Agenda Item 8D, Modification of Permit
#468, Town of
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 3
4. =
Action
on Minutes
=
A. =
Continuation of Public Hearing, July 20, 2006, App. #549, Patrick
Graziano
=
B. =
Regular Meeting, July 20, 2006
=
C. =
Continuation of Public Hearing, August 10, 2006, App. #552, Anthony
Caruso
=
D. =
Continuation of Public Hearing, August 10, 2006, App. #556, Water &=
amp;
Sewer
=
E. =
Continuation of Public Hearing, August 10, 2006, App. #557, Donald
Curtiss
=
F. =
Public Hearing, August 10, 2006, App. #563, Golden Acres, LLC
=
G. =
Public Hearing, August 10, 2006, App. #567, Zohra Rafey
=
H. =
Regular Meeting, August 10, 2006
=
I. =
&nb=
sp;
Continuation of Public Hearing, September 14, 2006, App. #552, Anth=
ony
Caruso
=
J. =
Continuation of Public Hearing, September 14, 2006, App. #557, Dona=
ld
Curtiss
=
K. =
Continuation of Public Hearing, September 14, 2006, App. #563, Gold=
en
Acres, LLC
=
L. =
Public Hearing, October 12, 2006, App. #573, Heritage Development G=
roup
=
M. =
Public Hearing, October 12, 2006, App. #578, Anthony Caruso
=
N. =
Continuation of Public Hearing, November 16, 2006, App. #573, Herit=
age
Development Group
=
O. =
Continuation of Public Hearing, November 16, 2006, App. #578, Antho=
ny
Caruso
=
P. =
Continuation of Public Hearing, January 11, 2007, App. #573, Herita=
ge
Development Group
=
Q. =
Regular Meeting, January 11, 2007
=
R. =
Regular Meeting, February 8, 2007
=
S. =
Public Hearing, March 15, 2007, App. #582, Hard Rock Development
=
T. =
Regular Meeting, March 15, 2007
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Approve Items 4A-4H and Table Items 4I-4T as presente=
d.
&= nbsp; Discussion: None<= o:p>
5. =
Pending
Applications
A.. &nbs=
p; Application
#582 of Hard Rock Development, Inc. for construction of 7 commercial buildi=
ngs
on 22.1 acre parcel of land located on Echo Lake Road, Watertown, CT in an
IR-200 Restricted Industrial Zoning District.
If
a Public Hearing is Closed on April 12, 2007, then a decision is required b=
y May
16, 2007.
Mr. Zawadzki: We closed the public hearing so we=
have
to make a decision by May 16th, but at the last meeting we asked staff to d=
raft
a proposed motion for approval.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 4
Mr. Rafey: =
This is just a draft motion, you can
revise it, add or remove something.
You might want to take about 10 minutes to read it first. You can read it into the record as=
well.
Mr. Polletta: Why can't when we make the motion,=
incorporate
all this instead of reading all these pages? We're going to read it to ourselves
first and then . . . .
Mr. Rafey: =
No, you're supposed to review this =
first
to see if you want to make any corrections, or the Chairman can just read t=
his
into the record and you can make changes at that time, it's up to you.
Mr. Zawadzki: Do you want to read it first?
Mr. Polletta: <=
/b> Yea, I'd like to read it so then if=
we
want to put something . . . .
Mr.
Zawadzki, Chairman, read aloud the Draft Motion as follows:
DRAFT MOTION FOR APPRO=
VAL
WHEREAS,
THE WATERTOWN CONSERVATION COMMISSION/INLAND WETLAND AGENCY has received an
application from Hard Rock Development, LLC for construction of seven indus=
trial
buildings, associated parking area and onsite drainage system as shown on a
Site Development Plan entitled "Watertown Business Center Assessor's M=
ap
104 Block 90 Lot 23 Watertown, Connecticut Prepared for Hard Rock Developme=
nt
Sheets E-1, O-1, S-1, G-1, A-1, P-1-2, ESC-1, L-1-3, LP-1, D-1-4, and N-1 d=
ated
March 9, 2007 latest revision date of March 14, 2007 prepared by Stuart Som=
ers
Co., LLC".
WHEREAS,
the Commission determined that the proposed activities constitute a signifi=
cant
activity per Section 2.1.dd Inland Wetland and Watercourse Regulations of t=
he
Town of Watertown and the Commission has evaluated the application accordin=
g to
the standards and criteria for a decision per Section 10.2 of the Regulatio=
ns
in carrying out the purposes and policies of Section 22(a)-26 to 22(a)-45 of
the Connecticut General Statutes, including matters related to regulating,
licensing and enforcing of the provisions thereof;
WHEREAS,
the Agency has convened public hearings and meetings on February 8, 2007, M=
arch
15, 2007, and April 12, 2007;
WHEREAS,
the Agency has held a site walk on March 10, 2007;
WHEREAS,
the Agency has carefully considered all the evidence and testimony received=
at
the duly called public hearings and meetings;
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 5
WHEREAS,
the Agency recognizes that inland wetlands and watercourses of the State of=
WHEREAS,
the Agency recognizes pursuant to Section 1.1 of the Inland Wetland and Wat=
ercourse
Regulations, "The preservation and protection of the wetland and
watercourse from random, unnecessary, undesirable and unregulated uses
disturbance or destruction is in the public interest and is essential to the
health, wealth and safety of the citizens of the State";
WHEREAS,
the purpose of the inland/Wetland Regulations is to protect the citizens of=
the
State by making provisions for the protection if inland wetlands and
watercourses by:
(1) Minimizing
their disturbance and pollution.
(2) &nbs=
p; Maintaining
and improving water quality in accordance with the highest standards set fo=
rth
by Federal, State, or Local authority.
(3) &nbs=
p; Preventing
damage from erosion, turbidity or siltation.
(4) &nbs=
p; Prevent
loss of fish and other beneficial aquatic organisms.
(5) &nbs=
p; Prevent
loss of wildlife and vegetation and the destruction of natural habitats.
(6) &nbs=
p; To
deter and inhibit the danger of flooding and pollution.
(7) &nbs=
p; To
protect the quality of wetlands and watercourses for their conservation,
economic, aesthetic, recreational and other public and private uses.
(8) &nbs=
p; To
protect the State's potable water supply and to provide an orderly process =
to
balance the need for the economic growth of the Town and State use of its l=
and
with the need to protect the environment and ecology in order to guarantee =
to
the people of the Town and State, the safety of such natural resources for =
the
benefit and enjoyment of generations yet unborn.
NOW
THEREFORE BE IT RESOLVED THAT THE WATERTOWN CONSERVATION COMMISSION/INLAND
WETLANDS AGENCY finds that pursuant to Section 11.1 of the Watertown Inland
Wetland and Watercourse Regulations the Agency may grant the application as
filed, grant it upon such terms, conditions, limitations or modifications
necessary to carry out the purpose of the Inland Wetland Act or deny it.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 6
1. =
; Creation
of a restricted conservation easement over all wetlands and 50 feet upland
review areas located on this parcel for the following reasons:
&=
nbsp; A. Pursuant
to Section 10.2 a, b, c, d, e, f, and g, creation of a conservation easement
area will protect the inland wetlands from further disturbance and will enh=
ance
the environmental quality of the inland wetland and watercourses and wildli=
fe
habitat.
&=
nbsp; B. =
Pursuant
to Section 10.2.f of the Inland Wetland Watercourse Regulations, the Agency
recognizes the suitability of this industrial zoned property for industrial
development, while still balancing the need for economic growth of the Town=
and
State and the need to protect the environment and ecology of the Town and S=
tate
for the future benefit of generations unborn.
&=
nbsp; C. The
conservation easement area will provide a dedicated area to be protected and
will assure the Agency that this important and vital resource will be forev=
er
protected from activity pursuant to Section 10.2.g of the Inland Wetland and
Watercourse Regulations. The =
conservation
easement area will provide bio-filtration area to enhance water quality and
support the inland wetlands capacity to prevent flooding, protect surface a=
nd
groundwater, and control sedimentation and pollution.
2. =
; A
wetland performance bond shall be posted for
&=
nbsp; Soil
erosion and sediment control, construction of drainage system, site stabili=
zation
including re-grading and planting of disturbed areas on site and off, marki=
ng
and installing placards on the limits of the conservation area. The applicant shall furnish to the=
Town,
a bond with proper surety in the form and amount satisfactory to the Wetlan=
d Enforcement
Officer, Town Engineer, Director of Public Works, and Town Attorney before =
any
activity is initiated on site.
3. =
; A
preconstruction meeting shall be held with Agency staff prior to any on site
activity. A 24 hour name, add=
ress
and telephone number must be provided by the site construction manager and a
written notification is required three business days prior to any on-site
activity.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 7
4. =
; Due
to staff shortage in the Land Use Department, the Commission will hire an
independent Site Inspector and the applicant will pay the inspector to insp=
ect
the erosion and sediment control measures and to monitor the approved regul=
ated
activities during the construction of the
5. =
; While
construction activities on site are occurring, attendance at bimonthly meet=
ing
with the site inspector and Town Staff on the site is mandatory. At this bimonthly meeting, the site
manager shall provide a written report of the ongoing work.
6. =
; No
later than August 1st of each year, while the site is under construction, t=
he
Site Manager shall provide to the independent Site Inspector a narrative of=
how
this site will be managed during the Winter months in relation to soil eros=
ion
and sediment control measures to reduce sedimentation and detrimental impac=
t to
inland wetland and watercourses.
7. =
; All
conservation easement areas shall be field located and staked in the field =
by
the applicant's surveyor/engineer.
The conservation easement area must be placarded on site. Where posting on trees is not poss=
ible,
then the placards shall be posted on 4" x 4" posts in the ground 6
feet high.
8. =
; A
note shall be placed on the final plans indicating that no topsoil or loam
shall be removed from the project site until all regulated activities
associated with the development and the storm drainage system is completed
unless after a written request from the applicant and written permission is
granted jointly by the Director of the Department of Public Works, Wetland
Enforcement Officer, and the Land Use Administrator. Topsoil shall be evenly distribute=
d on
all disturbed areas at a minimum of five inches.
9. =
; Thee
shall be no other on site disturbance except what is proposed by the final
plans and approved by the Commission within the limits of clearing and regu=
lated
areas.
10. &nbs=
p; The
following notes shall be placed on the final plans and a written notice on =
the
land records of the Town of
&=
nbsp; (a) There
shall be no burial of stumps on site.
&=
nbsp; (b) There
shall be no floor drains permitted in any buildings.
&=
nbsp; (c) There
shall be no underground fuel tanks permitted within the development.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 8
11. &nbs=
p; Final
plans must be reviewed and approved by Land-Tech Consultants to ensure that=
the
plans include all the conditions of approval.
12. &nbs=
p; The
following notes must be placed on the final Mylar site development plan:
&=
nbsp; A. The
Director of Public Works, Town Engineer, and Wetland Enforcement Officer may
require additional work and modifications to this plan as field conditions
warrant. The Wetland Enforcem=
ent
Officer must report to the Commission any additional work or modifications =
to
the plans.
&=
nbsp; B. =
Prior
to any on site activity all soil erosion and sediment control measures for =
the
project phase which is ready for construction shall be in place and inspect=
ed
by the Site Inspector. The Si=
te
Inspector and Wetland Enforcement Officer may require additional soil erosi=
on
and sedimentation control measures as field conditions warrant.
&=
nbsp; C. Prior
to the release of the posted bond, all disturbed areas shall have turf
vigorously established and mowed at least once.
&=
nbsp; D. No
activity on site disturbance of soil or vegetation such as trees or bushes
shall occur until a pre-construction meeting is held with Town staff.
&=
nbsp; E. =
The
permittee shall follow the 2004 Connecticut Storm Water Quality Manual and =
2002
Connecticut Guidelines for Soil And Erosion and Sediment Control.
13. &nbs=
p; The
applicant must minimize the amount of soil disturbance onsite at any one
time. A narrative phasing pla=
n must
be submitted for review and approval by Land Tech Consultants.
14. &nbs=
p; Temporary
sediment traps must be constructed up gradient of the wetlands prior to any
land disturbance and prior to the construction of the water quality basins =
to
protect the wetlands and watercourses located on and off site. Location and number of sediment tr=
aps
are to be determined as site conditions warrant.
15. &nbs=
p; All
remaining technical issues as outlined in the Land-Tech Consultants memoran=
dums
dated March 1, 2007 and March 15, 2007 shall be addressed to the satisfacti=
on
of Land-Tech Consultants.
16. &nbs=
p; The
final filing Mylar of the site development plan must be signed and dated by=
the
soil scientist and surveyor.
17. &nbs=
p; Construction
manager/contractors shall implement all notes and details included in the f=
inal
plans. It is the permittee's
responsibility to provide the final site plan and conditions of approval to=
the
site contractors.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 9
18. &nbs=
p; The
applicant shall submit, for review, design calculations including watershed
areas and wet and dry storage volumes for all temporary sediment basins and
traps in accordance with the 2002 Connecticut Guidelines for Erosion and
Sediment Control.
19. &nbs=
p; The
applicant shall submit documentation demonstrating that all storm water
treatment measures are capable of treating the calculated water quality vol=
ume
and water quality flow in accordance with the Connecticut Storm Water Quali=
ty
Manual.
20. &nbs=
p; All
storm water basin plantings shall be monitored for a minimum of three growi=
ng
seasons following planting. A=
ll
non-native invasive plant species shall be removed from the planting areas
during the monitoring period.
Annual reports shall be submitted to the Commission documenting the
status of planted areas and any control measure implemented.
21. &nbs= p; Erosion and Sediment Control inspection reports shall be submitted monthly to the Commission during site construction. The reports shall include current site development activities, dates= of erosion and sediment control inspections, results of such inspections, maintenance measures, any changes made to the erosion and sediment control plan, and any emergency measures implemented. Maintenance and monitoring measures shall follow the approved protocol provided on the site development plans.<= o:p>
22. &nbs=
p; The
Town may hire, at its discretion, a qualified professional to evaluate eros=
ion
and sediment control measures and to provide periodic inspections during
construction. The applicant w=
ill be
responsible for paying the cost of these services.
23. &nbs=
p; The
applicant is required to retain a qualified contractor to provide monitoring
and maintenance of all storm water treatment measures in accordance with the
approved protocol provided on Sheet N-1 of the site development plans.
24. &nbs=
p; Prior
to the commencement of vegetation removal within regulated areas, disturban=
ce
limits shall be demarcated with silt fence and construction barrier
fencing. The protocols outlin=
ed
under "Specific Notes Regarding Work within Regulated Areas" on S=
heet
N-1 of the site development plans shall be adhered to.
25. &nbs=
p; Conservation
Area Markers approved by Inland Wetlands Agent are to be placed 1 every 50 =
feet
along disturbance limits. The
markers may be nailed to trees using long, small diameter nails with spring=
s to
allow tree growth. If no tree=
s are
available, the markers shall be placed on appropriate rot resistant wood or
metal posts. The locations sh=
all be
approved by the wetlands agent prior to installation.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 10
26. &nbs=
p; The
hydrodynamic separators should be designed in accordance with the most rece=
nt
State D.O.T. specifications.
27. &nbs=
p; The
thickness of all rip rap should be designed in conformance with the 2002
Erosion and Sediment Control Guidelines.
Standard Conditions:
1. =
; The
permittee shall notify Moosa M. Rafey, Assistant Wetlands Enforcement Offic=
er,
in writing at least three business days prior to the commencement of work
onsite and upon its completion.
2. =
; If
the approval activities are not initiated on or before February 1, 2012, sa=
id
activities shall cease and, if not previously revoked or specifically renew=
ed
or extended, this permit shall be null and void.
Mr. Ra=
fey: Excuse me, Mr. Chairman, that shou=
ld be February
12th.
&=
nbsp; Any
request to renew or extend the expiration date of a permit should be field =
in
accordance with Section 11 of the Inland Wetlands and Watercourses Regulati=
ons
of the Town of
3. =
; All
work and all regulated activities conducted pursuant to this approval shall=
be
consistent with the terms and conditions of this permit. Any structures, excavation, fill,
obstructions, encroachment, or regulated activities not specifically identi=
fied
and approved herein shall constitute a violation of this permit and may res=
ult
in its modification, suspension, or revocation.
4. =
; This
permit is not transferable without the written consent of the Conservation =
Commission/Inland
Wetlands Agency.
5. =
; In
evaluating this application, the wetland agency has relied on information
provided by the applicant. If=
such
information is subsequently proved to be false, incomplete, or misleading, =
this
permit may be modified, suspended, or revoked and the permittee may be subj=
ect
to any other remedies or penalties provided by law.
6. =
; The
permittee shall employ the best management practices, consistent with the t=
erms
and conditions of this permit, to control storm water discharges and to pre=
vent
erosion and sedimentation and to otherwise prevent pollution of wetlands or
watercourse. The permittee sh=
all
immediately inform the agency of any problems involving wetlands or waterco=
urse
that have developed in the course of, or that are caused by, the approved w=
ork.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 11
7. =
; No
equipment or material including without limitation fill, construction
materials, or debris, shall be deposited, placed or stored in any wetland or
watercourse on or off site unless specifically approved by this permit.
8. =
; This
permit is subject to and does not derogate any rights or powers of the Town=
of
9. =
; If
the activity approved by the inland wetlands permit also involves activity =
or a
project that requires state or federal approval, zoning or subdivision
approval, special permit, variance or special exception no work pursuant to=
the
wetlands permit may begin until such approval is obtained.
10. &nbs=
p; The
permittee shall maintain sediment and erosion controls at the site in such =
an
operable condition as to prevent the pollution of wetlands and
watercourses. Said controls a=
re to
be inspected by the permittee for deficiencies at least once per week and
immediately after rains. The
permittee shall correct any such deficiencies within 24 hours of said defic=
iency
being found. The permittee sh=
all
maintain such control measures until all areas of disturbed soils at the si=
te
are stabilized.
Mr. Zawadzki: Any comments, additions or
deletions? The first thing th=
at
comes to my mind is the wall we discussed, the boundary of building #7 betw=
een
that and the wetlands.
Mr. Duplissie: =
#1 says creation of a restricted
conservation easement over all wetlands and 50 foot upland review areas loc=
ated
on this parcel for the following reasons.&=
nbsp;
And when we were doing it on the back it was just kind of delineated=
on
the map, (inaudible) I'm looking at this map and I think what we're asking =
for
is anything northeast of the asphalt or the buildings, this line here.
Mr. Rafey: = The entire green area other than the proposed area for detention ponds, piping and everything else is excluded.<= o:p>
Mr. Duplissie:<=
/b> But we're not talking about this a=
rea,
we're talking from the asphalt on.
Even the detention basins will be in the conservation easement area?=
Mr. Rafey: =
No, they are excluded. The area they have a permit for
activities are excluded, other than all the wetlands in the 50 foot upland
review area will be . . .
Mr. Duplissie:<=
/b> Are they going to mark around them=
?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 12
Mr. Rafey: =
They will do that, yes. That is the limit of disturbance
anyway. Just for your informa=
tion,
I did talk to Chris Allen about this list item 18 through 25 (inaudible) fr=
om
Land Tech Consultants. I also=
talked
to Chuck Berger, Item 26 and 27 are (inaudible). The rest are standard conditions t=
hat I
put in.
Mr. Duplissie:<=
/b> #4 is I'm not sure if the inspector
that's going to be hired, is he visiting the site once or a week or having a
meeting once a week?
Mr. Rafey: =
No, once a week he will go and visi=
t the
site and see if there is any problems with the sediment control measures, he
will discuss it with the site engineer and report it to me. Then twice a month he will meet wi=
th me
and the site engineer together until the construction is completed.
Mr. Duplissie: =
Then you go to 22 and it says the T=
own
may hire at its discretion, (inaudible) may hire or we are?
Mr. Rafey: =
No that was recommended by Land Tech
also, but basically the applicant has also agreed to pay for an on site
inspector, we discussed that last month.
Mr. Duplissie: =
#7 says where posting on trees is n=
ot
possible then the placards shall be posted on 4 x 4 posts in the ground 6 f=
eet
high. If they only plant them=
2
inches in the ground then they'll just be gone next year, so can we make a
depth for the post so that they don’t just topple over. We've seen them just topple over if
they're not put in the ground properly.
Mr. Rafey: =
We always use these and I'm sure th=
at
they will put them in the ground (inaudible).
Mr. Duplissie: =
6 inches and . . . .
Mr. Rafey: =
If you want to put a number, 1 foot=
in
the ground, it's up to you.
Mr. Duplissie: =
A minimum of 18 inches. We'll put it as 2 feet.
Mr. Rafey: =
6 feet high and 2 feet in the groun=
d.
Mr. Duplissie: =
If they're buying 8 foot posts, the=
n that
will work out.
Mr. Undercuffler: I have a question on #15, is that k=
ind of
open ended? It says all remai=
ning
technical issues on those 2 memos.
Mr. Rafey: =
Just to make sure that all the reco=
mmendations
from Land Tech, they responded to most of them, there are like 2 that they =
are
discussing, if there are any issues they will address it with Land Tech.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 13
Mr. Polletta: <=
/b> On #17 it says after standard condi=
tions
and also conditions.
Mr. Rafey: =
(Inaudible.)
Mr. Duplissie: =
On your standard conditions, #8, (i=
naudible)
to the wetlands or downstream or whatever, how do we handle that? Who pays for the repair of that?
Mr. Rafey: =
First I don't think that's going to
happen because we have an inspector on site and before they even start any =
disturbance
they will make all those locations, we will go and inspect that before the
actually start digging and we want to make sure it's according to plan, and=
the
inspector is there. If they m=
ake a
mistake they have to correct it.
Mr. Duplissie: =
Okay, the permittee is the one . . =
. .
and it could be accidental, it could be by a heavy rainstorm.
Mr. Rafey: =
The permittee is responsible to fix=
it.
Mr. Zawadzki: <=
/b> On #5, I think we still have the
prerogative of modifying, suspending, or revoking the permit.
Mr. Rafey: =
Yes, if something happens, you can =
stop
the building.
Mr. Marotta: Where it says (inaudible) creation =
or
restriction of conservation easements over all wetlands and 50 foot upland
review areas, I was under the impression that this, (inaudible) this portion
east regardless of whether it was, because I see a portion that is neither
within the 50 foot upland area nor wetlands, I was under the impression that
all of that would be under conservation easement, like this area here.
Mr. Zawadzki: <=
/b> It will.
Mr. Marotta: This is just a draft, you can chang=
e that
to include that area. Basically they will mark the limits of disturbance.
Mr. Duplissie: =
So anything beyond the limit of
disturbance for the detention basins, east of those detention basins will be
conservation easement regardless of (inaudible) uplands or (inaudible).
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 14
Mr. Marotta: Regardless whether it's 50 foot upl=
and or
wetlands or what have you.
Mr. Rafey: =
Other than the permitted activities=
where
they're located.
Mr. Zawadzki: (Inaudible) detention basins.
Mr. Rafey: =
Yes, in detention basin with grading
around building #7, (inaudible).
Mr. Marotta: Regardless of whether it's 50 foot
upland or whatever. Also #26 =
and
#27, it says a hydrodynamic separator should be designed in accordance with=
the
most recent safety and fee specifications.=
Is that will be or is that just should?
Mr. Zawadzki: <=
/b> We can add a word there, I want them
designed in accordance with the . . . .
Mr. Marotta: So anything will be.
Mr. Zawadzki: Will be.
Mr. Marotta: And the same for #27 too, but shoul=
d be.
Mr. Zawadzki: Change should to will be.
Mr. Polletta: Can anything be added to this after
tonight? It looks good with t=
he
corrections.
Mr. Rafey: =
We've basically covered everything
possible.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. DiBona) to Approve Application #582 of Hard Rock Development, Inc. for construction of 7 commercial
buildings on 22.1 acre parcel of land located on Echo Lake Road, Watertown,=
CT
in an IR-200 Restricted Industrial Zoning District subject to standard
conditions and draft motion.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 15
B. =
; Application
#585 of Prevalla Shpendim for construction of an addition to an existing
single-family dwelling located at
If
a Public Hearing is not held then a decision is required by May 18, 2007.
<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Prevalla Shpendim,
Mr. Shpendim: <=
/b> I was here last month asking for
permission to build (inaudible).
Mr. Zawadzki: We were just there. Any questions for the applicant?
Mr. Duplissie:<=
/b> Not so much questions as we looked=
at it
and there was a natural berm and I don't see that, where is north on this?<=
span
style=3D'mso-spacerun:yes'> On the high end of the brook there=
was a
nice berm, but let's say that property corner where that berm is back around
the corner of the house, to the right hand side of the house when you're co=
ming
in from the driveway, we definitely want either high hay bales or hay bales=
and
silt fence because when you don't get rain when you've excavated this corne=
r,
it's going right to the stream, it just drops straight off. Whoever your contractor is, and I =
think
because it's a small area I think I'd like both, the silt fence and the hay
bale.
Mr. Rafey: =
That will be listed under the stand=
ard
conditions.
Mr. Duplissie:<=
/b> Yes, but I think I'd like
(inaudible). I mean he's
stuck. This is a site that we
didn't approve but he's got a house built right up against that, so I don't
think we have much choice but to let him do his addition.
Mr. Polletta: <=
/b> I agree with you. I mean it's a corner of the house a=
nd if
they use a patio, probably it will be more disturbance, so I think once the
construction is done I think it will be fine so I don't have a problem with=
it
at all.
Mr. Duplissie:<=
/b> But once this is done you're not g=
oing
to put another patio, you're not going to add onto the back of this in any =
way?
Mr. Polletta: And then close it agai=
n.
Mr. Duplissie:<= /b> This is it, right? You're not adding another patio or= deck back here? It's done, right?<= o:p>
Mr. Shpendim: Right.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 16
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Approve Application #585 of Prevalla Shpendim for construction of an addition to an existing
single-family dwelling located at 1449 Northfield Road, Watertown, CT with
standard conditions.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
C. =
; Application
#587 of Town of Watertown Department of Public Works for Phase II of
Guernseytown Road Reconstruction Project located near the intersection of <=
st1:Street
w:st=3D"on">
A
Public Hearing is required by May 19, 2007.
Mr. Rafey: =
We will hold a public hearing on May
10th. We were supposed to hav=
e some
this month but I (inaudible). Just
Table this for now.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Orsini) to Table Applica=
tion
#587 of Town of Watertown Department of Public Works for Phase II of
Guernseytown Road Reconstruction Project located near the intersection of P=
latt
Road, Guernseytown Road, and Hinman Road, Watertown, CT.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
6. &n=
bsp; New
Applications
A. =
; Application
#586 of Newman Holding/Planters' Choice for farming activities within upland
review area at
<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Charles Newman,
Mr. Newman: (Inaudible) in
Mr. Zawadzki: Yes, we were out there a couple of=
years
ago and you had a question, okay.
Mr. Newman: Yea we were putting up (inaudible).=
We're looking to clear 4 acres of
land. There is no wetlands in=
volved
in it. It's just land that's
(inaudible) and trees and we're trying to clear it (inaudible).
Mr. Undercuffler: Where is this?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 17
Mr. Newman: The old Panalaitis farm. We bought it 12 years ago but we s=
till
refer to it as the old Panalaitis property.
Mr. Polletta: So you're going to clear it and ke=
ep
planting?
Mr. Newman: Yes.
Mr. Marotta: When you say there's no wetlands, =
have
you ever had a wetland delineation done?
Mr. Newman: Yes, we have.
Mr. Rafey: =
There is a map in the packet for yo=
u.
Mr. Zawadzki: You're within the 50 foot buffer
apparently because that's why you're here.=
You're not actually going to be in the wetland area, but you will be
inside the 50 foot buffer on one side there.
Mr. Rafey: =
This area is the 4 acres that Mr. N=
ewman
is proposing to clear. Don't =
forget
that this is a farm and they have the right to use the land for farming
activities. We put this on th=
e Agenda
just for you in case you want to take a site walk or suggest some sediment
erosion control measures during construction.
Mr. Newman:=
(Inaudible) there's silt fenced ar=
ound
that whole one side as we enter (inaudible) before we get into it. (Inaudible.)
Mr. Duplissie: =
Are you entering from the side that=
says
the row of spruces or from the existing area?
Mr. Newman:=
From the existing area. If you look at where those spruces=
are,
it's pretty rugged in there. I
introduced myself to the lady one time and I think (inaudible).
Mr. Zawadzki: Do you want to schedule a site wal=
k?
Mr. Duplissie: =
If you'd like to, I'll take a walk,=
I
don't have a problem with it, but I don't know when you're looking to do th=
is.
Mr. Newman:=
As soon as possible.
Mr. Rafey: =
You cannot make a decision tonight
anyway. You have to wait unti=
l next
month.
Mr. Duplissie:<=
/b> Do we have any site walks next mon=
th?
Mr. Rafey: =
So far no, but there are a few
applications that I want you to go see.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 18
Mr. Zawadzki: There will be a couple for sure.
Mr. Polletta: <=
/b> But you said farming is allowed wit=
hin
that 50 feet.
Mr. Zawadzki: Yes.
Mr. Rafey: =
It is a permitted use by
(inaudible). Even within the
wetlands they can do farming activities.
Mr. Zawadzki: There's probably nothing that we n=
eed to
see.
Mr. Polletta: <=
/b> I don't think it's necessary.
Mr. Duplissie:<=
/b> What are the ages of the trees?
Mr. Newman: (Inaudible) maybe 10 inch, if that,
there's an opening there . . . . I mean it was farmed before (inaudible).
Mr. Duplissie:<=
/b> If you would do one thing for me, =
is
that when you're going in, who is going to do the clearing, yourself?
Mr. Newman: No, most likely I'll have a tree se=
rvice.
Mr. Duplissie:<=
/b> If you would do that, like a 20 fo=
ot
path along the side and have them blow the chips onto the downhill side of =
it,
they're going to chip it as they go, that way it will act as an erosion con=
trol
measure, and then once you get into the interior, or whatever you do, if yo=
u're
going to log it or save it or if they're going to chip it all off, whatever
they're going to do with it, at least if you chip that 15, 20 foot path on =
the
downhill side, we have that.
Mr. Newman: Okay.
Mr. Rafey:<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo=
ld'> Are you doing this on one phase?
Mr. Newman: Most likely we'll clear it in one p=
hase
and then develop it over 2 or 3 years.
Mr. Rafey:<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo=
ld'> Okay, and you will start in the fr=
ont?
Mr. Newman: Probably a little bit of it, as we =
need
it.
Mr. Rafey:<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo=
ld'> Okay, if you can just cut the tree=
s and
leave it as plants, and whenever you are ready to use it, (inaudible).
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 19
Mr. Newman: The only other thing that we could =
do if
we do the whole thing at one time, we could probably put a cover (inaudible=
) of
some kind and then as we need it if we could open it so it wouldn't be raw
land.
Mr. Rafey:<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo=
ld'> That's a good idea.
Mr. Newman: And then the other thing too, we ne=
ed to
chip all around the outside and just leave that as a way to get into the
property (inaudible).
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Table Application #586, of Newman Holding/Planters' Choice for farming activities within
upland review area at
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
B. =
; Application
#588 of Watertown Town Land Trust for construction of a walking trail within
regulated areas located on
&=
nbsp; If
a Public Hearing is not held, then a decision is required by June 15, 2007.=
<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Gail Sangree,
Ms. Sangree: I am the Chairman of the
Mr. Duplissie:<=
/b> Didn't we vote on this way back wh=
en we
approved the subdivision?
Mr. Rafey: =
This was not a part of that.
Mr. Polletta: The crossing is going to be done w=
ith
stones? You're going to put s=
tones
so people can walk?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 20
Ms. Sangree: Yes, there are stones already in the
brook, (inaudible) would make good stepping stones, but they were (inaudibl=
e)
and they probably would be times of the year where people wouldn't be able =
to cross
there because the water will be too high, but we don't want to build a brid=
ge,
so (inaudible) to cross the water without totally getting wet.
Mr. Duplissie:<=
/b> A 3 foot pathway, is that what you=
said?
Ms. Sangree: Yes, the trail itself is quite a bit
wider than that, (inaudible) is going to be narrow. There's (inaudible) parking on
Mr. Duplissie:<=
/b> But you can get out?
Ms. Sangree: You can get out.
Mr. Duplissie:<=
/b> You don't have to go all the way b=
ack?
Ms. Sangree: Right, and since the trail is so ar=
ound
it is just in the (inaudible) stages right now, it's a good idea to have a =
way
to get out.
Mr. Duplissie:<=
/b> I don't see any problem. We've been to this site, in fact I=
think
we walked all the way down to that corner when we were doing that subdivisi=
on.
Mr. Zawadzki: <=
/b> Well there's not any intrusion, not
really any excavation or intrusion or anything like that.
Mr. Duplissie:<=
/b> They're going to use existing ston=
es and
they're going to cut a little path through the woods. I have no problem with that. You're not going to impede the wat=
er
flow.
Ms. Sangree: No, we're not going to put anything=
in
the water, just move some stones around.
Mr. Duplissie:<=
/b> You wouldn't want to walk there to=
day.
Ms. Sangree: No.
Mr. Zawadzki: Well we can't decide on this tonig=
ht
anyway.
Mr. Rafey: =
There is one other issue. The Land Trust is a non-profit
organization and they're asking for a waiver of the application fee of $180=
.00.
Mr. Zawadzki: <=
/b> Just as a matter of clarification, =
Ed
Undercuffler and I sit on the Board of the Land Trust so I will recuse myse=
lf
from that vote.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 21
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Waive the Application Fee for Application #588 of Watertown Town Land Trust for
construction of a walking trail within regulated areas located on
&= nbsp; Discussion: None<= o:p>
&=
nbsp; In
Favor: &=
nbsp; Mr.
DiBona, Mr. Duplissie, Mr. Marotta, Mr. Orsini, Mr. Polletta
&=
nbsp; Opposed: =
None
&=
nbsp; Abstained: Mr.
Undercuffler, Mr. Zawadzki
&=
nbsp; MOTION
CARRIED (5-0-2)
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #588 of Watertown Town Land Trust for construction of a walking trail w=
ithin
regulated areas located on Northfield Road, Watertown, CT.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
C. =
; Application
#589 of Joseph Masi for construction of a 16-lot residential subdivision Fr=
ench
Hill Estates located on
<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Ed Scoville, Professio=
nal
Engineer & Land Surveyor, Stuart Somers Company
Mr. Scoville: <=
/b> The project is a 14 acre parcel tha=
t's on
the northerly side of
Mr. Polletta: It says French Street 2 houses, 4
houses.
Mr. Scoville: <=
/b> 2 houses on . . . . 4 houses on
Mr. Polletta: I wasn't sure.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 22
Mr. Scoville: <=
/b> The wetland impacts that are associ=
ated
with the proposed road and the driveway and the crossing of the intermittent
watercourse is about 2,000 square feet of wetland disturbance for the
proposal. And your secondary =
impact
that are shown in orange for the back yards of the houses for Echo Lake Bro=
ok
and again some with the intermittent watercourse. That would be my very brief
presentation.
Mr. Zawadzki: The green is . . . .
Mr. Scoville: <=
/b> The wetlands.
Mr. Zawadzki: And what is the red, the 50 foot b=
uffer?
Mr. Scoville: <=
/b> Yes, that's the 50 foot buffer. And the orange is the 50 foot
disturbance. In the red is ac=
tually
the disturbance of the wetlands, if you can see this (inaudible) right here=
and
the intermittent watercourse.
Mr. Polletta: What are you proposing to do with =
the
crossing as far as when you cross the road?
Mr. Scoville: <=
/b> It's proposed to be piped.
Mr. Polletta: What type?
Mr. Scoville: <=
/b> I believe it's a 24 inch pipe.
Mr. Polletta: How much water, a lot of water goi=
ng
down?
Mr. Scoville: <=
/b> There's not much water, the water
associated with it, I think this is
Mr. Duplissie:<=
/b> If I remember correctly that's kin=
d of
scoured in there. That's a go=
od
sized ravine in there.
Mr. Scoville: <=
/b> There's a slight ravine through the=
re.
Mr. Duplissie:<=
/b> When you say slight, 1 foot, 2 foo=
t, 5
foot? At some points it's dee=
p. I've been on that property, it's pr=
etty
deep on that hillside, that's a steep hill.
Mr. Scoville: <=
/b> Yes.
I believe there's approximately 150 feet of critical elevation at le=
ast
from the very top to the brook.
Mr. Duplissie:<=
/b> At that point or . . . .
Mr. Scoville: <=
/b> From this point.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 23
Mr. Polletta: 150 feet?
Mr. Scoville: <=
/b> 150 feet.
Mr. Duplissie:<=
/b> That's a steep site. I think we're going to need a site
walk. Will you take us on a s=
ite
walk?
Mr. Scoville: <=
/b> Yes.
Mr. Duplissie:<=
/b> And we'll have a map and a delinea=
tion
for the . . . .
Mr. Scoville: <=
/b> Yes.
Mr. Duplissie:<= /b> It's wooded right now but . . . .<= o:p>
Mr. Scoville: <=
/b> Well hopefully we won't have too mu=
ch, we
won't have leaves popping out so you can see the site.
Mr. Polletta: Did you try to move this road up to
eliminate this buffer on the bottom?
Mr. Scoville: <=
/b> By pushing the road up then we start
hitting the steeper portion of the site, it's actually nice, it's not as de=
ep
in here, the Echo Lake Brook, it kind of goes up from the main brook channe=
l,
it's just a level area, then as soon as it starts going farther away from t=
he
brook (inaudible).
Mr. Polletta: <=
/b> So the houses would be on that, lik=
e on
that plateau?
Mr. Scoville: <=
/b> Correct.
Mr. Duplissie:<=
/b> How much yards of excavation are y=
ou
going to do on this thing?
Mr. Scoville: <=
/b> (Inaudible) I don't have those numb=
ers
with me.
Mr. Duplissie:<=
/b> But they're big numbers? Cut and fill on this?
Mr. Scoville: <=
/b> I would be willing to say it would
probably be better to go into that in more detail during the public hearing=
.
Mr. Zawadzki: I'm definitely interested in seein=
g some
feasible and prudent alternatives, possibly with fewer houses or something =
like
that, if you could stop short of the wetlands for example, but we'll let you
suggest something.
Mr. Duplissie:<=
/b> I think we should see the site fir=
st and
then we'll go over any plans that he has.&=
nbsp;
I mean I agree with you that he should submit some other feasible and
prudent alternatives.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 24
Mr. Zawadzki: <=
/b> Yea, well you're coming in from Fre=
nch
Street there you can stop short, I mean you've got the brook there on the
Icehouse Road side but you could stop short of the wetlands there and that
would eliminate the crossing take out the cul de sac, well it would just mo=
ve
back 4 houses.
Mr. Duplissie:<=
/b> And
Mr. Scoville: <=
/b> It is touches the parcel of land th=
at the
Town of
Mr. Duplissie:<=
/b> So the parcel that's actually, I'm
looking at the square here . . . . this piece down here, is this parcel the
property or no?
Mr. Polletta: <=
/b> That's the Town of
Mr. Zawadzki: No, the heavy purpose line is the =
limit
of the property.
Mr. Polletta: <=
/b> No, he's talking about on the other=
side
of the brook, on
Mr. Scoville: <=
/b> It's owned by the Town of
Mr. Duplissie:<=
/b> So that other piece that is touchi=
ng
Mr. Rafey: =
You also need somebody to review th=
is
application. Third party revi=
ew,
Land Tech or Northwest Conservation District.
Mr. Polletta: I think Northwest this time.
Mr. Rafey: =
You need a Motion to schedule a sit=
e walk
and a Motion to hire a third party review.=
We also received a letter from an intervener that you should read in=
to
the record.
Mr. Zawadzki: I assume the applicant will be agre=
eable
to a third party review?
Mr. Rafey: =
The reason is we don't have a Wetla=
nds Officer
so we have to hire somebody.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 25
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. DiBona) to Hire a Third Party Review for Application #5<=
span
style=3D'mso-bidi-font-weight:bold'>89 of Joseph Masi for construction of a
16-lot residential subdivision French Hill Estates located on
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr.
Orsini, sec. Mr. Duplissie) to Schedule a Site Walk for Application #589 of Joseph Masi for construction of a
16-lot residential subdivision French Hill Estates located on
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; Mr.
Zawadzki, Chairman, read aloud the following letter for the record:
&=
nbsp; "Application
Joseph Masi and Margaret Raymond
&=
nbsp; 14.1+/-
Acres in the Town of
&=
nbsp; Town
of
&=
nbsp; Pursuant
to Connecticut General Statute 22a-19, Richard and Patricia Fusco of
&=
nbsp; 1. =
We
are titled owners of real property located at
&=
nbsp; 2. =
Richard
Fusco is part owner of land on
&=
nbsp; 3. =
The
above referenced application will have an adverse impact upon the air, water
and other natural resources and on the physical environment of
&=
nbsp; 3. =
The
amount of earth that will be moved will be extensive, with the possible use=
of
explosive to remove ledge or rock this will impact the wetlands area.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 26
&=
nbsp; 4. =
The
proposed development will have a deleterious effect on the wildlife that
depends on a healthy wetlands that is being destroyed by building next to a
natural brook.
&=
nbsp; 5. =
The
Environmental Protection Act of 1971, Connecticut General Statute 22a-19
et.seq. provides in part that any person may intervene in any administrative
proceeding involves conduct which has, or which is reasonably likely to hav=
e an
effect of unreasonably polluting, impairing or destroying the public trust =
in the
air or water or other natural resources of the State.
&=
nbsp; WEHREFORE,
the above names person intervene in this proceeding pursuant to the Environ=
mental
Protection Act of 1971 upon filing of this Notice of Intervention.
&=
nbsp; Richard
J. Fusco
&=
nbsp; Patricia
E. Fusco
&=
nbsp; VERIFICATION
OF NOTICE OF INTERVENSION
&=
nbsp; We,
Richard J. Fusco and Patricia E. Fusco, being duly sworn, depose and that we
have read the foregoing Notice of Intervention and all allegations contained
therein are true and to the best of our knowledge and belief.
&=
nbsp; Richard
J. Fusco
&=
nbsp; Patricia
E. Fusco
&=
nbsp; Subscribed
and Sworn to before me on this 11th day of April, 2007. Richard W. Groben, Notary Public,
Commission Expires 6/30/07."
&=
nbsp; Mr. Undercuffler: This is just a (inaudible) haring
anyway, anybody can come to a hearing.
&=
nbsp; Mr. Rafey: This gives them the right to parti=
cipate
in the presentation, even if you didn't have a public hearing, you would ha=
ve
to give them time to come here and they can also submit feasible and prudent
alternative plans other than what the applicant proposes. They show on their plan minimum am=
ount
of impact compared to what the applicant is proposing. You should consider that, you have=
to
consider that (inaudible).
&=
nbsp; Mr. Zawadzki: Should we read in the . . . .
&nbs=
p; Mr.
Rafey: I gave you a copy of the statute, =
if you
want to read it for the record.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 27
&=
nbsp; Mr.
Zawadzki, Chairman, read aloud the following statute for the record:
&=
nbsp; "Connecticut
General Statutes, Section 22a-19, Administrative Proceedings.
&=
nbsp; (a) In
any administrative licensing or other proceeding and in any judicial review
thereof made available by law, the attorney general any political subdivisi=
on
of the state, any instrumentality or agency of the state or other political
subdivision thereof, any person, partnership, corporation, association, org=
anization
or other legal entity may intervene as a party on the filing of a verified
pleading asserting that the proceeding or action for judicial review involv=
es
conduct which has or which is reasonably likely to have the affect of
polluting, impairing or destroying the public trust in the air, water, or o=
ther
natural resources of the state.
&=
nbsp; (b) In
any administrative licensing or other proceeding, the agency shall consider=
the
alleged unreasonable pollution, impairment, or destruction of the public tr=
ust in
the air, water, or other natural resources of the state, and no conduct sha=
ll
be authorized or approved which does or is reasonably likely to have such an
effect so long as considering all relevant surrounding circumstances and
factors there is a feasible and prudent alternative consistent with the
reasonable requirements of the public health, safety and welfare."
&=
nbsp; MOTION: (Mr.
Orsini, sec. Mr. Duplissie) to Table Application #589 of Joseph Masi for construction of a 16-lot residential subdivision
French Hill Estates located on French Street, Oakville, CT.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
C. =
; Application
#590 of Daniel Caoquette,
Mr. Rafey: =
Do you want to hear a little bit fr=
om
this applicant to see what he wants to do?
Mr. Caoquette:<=
/b> I have 6 drawings here for the Boa=
rd.
Mr. Rafey:<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo=
ld'> Give me the original application w=
ith
the plan. There is also an
application fee of $155 (inaudible) Town of
Mr. Zawadzki: <=
/b> Just give us a brief rundown of what
you're proposing.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 28
Mr. Caoquette: =
To be honest with you sir, I have b=
een in
the Connecticut Children's
Mr. Duplissie: =
I'm assuming this is your existing?=
Mr. Caoquette: =
No my existing septic tank is here.=
There is water bleeding up out of =
the
ground maybe 15 feet . . . .
Mr. Duplissie: =
That's the existing leaching field?=
Mr. Caoquette: =
No, that's the proposed.
Mr. Duplissie: =
Where is the existing?
Mr. Caoquette: =
The existing leaching field is, I d=
on't
know where it is. There is wa=
ter
just bleeding up out of the ground.
Mr. Duplissie: =
How old is this house?
Mr. Caoquette: =
1954 I believe.
Mr. Duplissie: =
So you've got a failed system. So this is what he's proposing?
Mr. Caoquette: =
Yes.
Mr. Duplissie: =
56 feet of 27 inch concrete leaching
galley. Crush and fill the ex=
isting
tank and he's going to put in a new box and a new invert, and he's putting =
in a new 1,000 gallon tank.
Mr. Polletta: <=
/b> We're going to go look at this. Then the engineer can explain to u=
s what
he's really doing.
Mr. Caoquette: =
Okay.
Mr. Zawadzki: <=
/b> Well I guess he's going to take the
existing septic tank, crush it, pump it out, crush it and fill it and then =
he's
putting in another one right beside it, he's got a pipe going over there and
he's got 56 feet of 27 inch concrete leaching galleries for his new system.=
Mr. Duplissie: =
It's a typical 1950 system, it's pr=
obably
got a 400, 500 gallon tank and it's out to one pipe that's in some
(inaudible). That's probably =
what
he has and it's taken years and it's done.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 29
Mr. Undercuffler: When did this start acting up?
Mr. Caoquette: =
I noticed it in the Fall, it was ac=
tually
November I had Bob Smith out, we did some test holes, and then the Winter c=
ame
and since it's been warm it's been soggy in that one area, really green gra=
ss,
so it's starting to puddle on the surface now.
Mr. Zawadzki: <=
/b> And your grass is really green.
Mr. Caoquette: =
Yea, green and wet, but I noticed i=
t, it
started in around November.
Mr. Duplissie: =
You want to replace this right away=
?
Mr. Caoquette: =
Absolutely.
Mr. Duplissie: =
But we have to have a site walk and=
we
can't approve it until next month, so he's got to wait 30 more days
anyway. And you're in the wet
season right now, you really don't want to excavate right now. But what's the body of water that'=
s down
there?
Mr. Caoquette: =
There's a pond.
Mr. Duplissie: =
How big is the pond?
Mr. Caoquette: =
I would say. . . . 100 feet across,=
maybe
30 feet (inaudible). So it's =
a good
sized pond.
Mr. Duplissie: =
It's not a lake where people are
swimming, so if that was the case, we'd want to come in right away with the
septic going underneath, but it's a frog pond.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. DiBona) to Table and Schedule a Site Walk for Application #589 of Joseph Masi for construction of a
16-lot residential subdivision French Hill Estates located on
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 30
E. =
Application
#591, Phase III, Highview Estates,
&=
nbsp; Ted Crawford, Professional Enginee=
r
Mr. Crawford: <=
/b> This is Phase III, Phases I and II =
you
approved last Summer, Phase I was the subdivision off of Lovley Drive,
approximately 11 lots, Phase II consisted of an extension of that first roa=
d to
Kimberly Lane and then a cul de sac off of Pond View Drive. That subdivision consisted of 43 l=
ots at
that time, it then went to Planning and Zoning and went down to 42 lots.
We
have two regulated activities associated with this development, one for an
intermittent water crossing in the roadway and then some activity in the up=
land
for a water quality basin.
(Inaudible) on the lower right hand of the sheet here, is
Mr. Polletta: <=
/b> That road off the, the one you show=
ed, is
right next to that house and we were concerned about being too close to the
wetlands.
Mr. Duplissie: =
You're thinking of the wrong one.
Mr. Crawford: <=
/b> Right, it was a direct wetlands imp=
act.
Mr. Duplissie: =
Was that the modification we're in =
for
now?
Mr. Crawford: <=
/b> Well that will be the application l=
ater
on.
Mr. Duplissie: =
So which one are we asking for now?=
Mr. Crawford: <=
/b> Phase III, the 8 lots here (inaudib=
le).
Mr. Duplissie: =
What are we doing?
Mr. Crawford: <=
/b> I would assume you'd probably have a
field walk just to see . . . .
Mr. Duplissie: =
So you want to add those 8 lots to =
the
final . . . .
Mr. Crawford: <=
/b> Right, to the final build out. Essentially what we are going to c=
reate,
the remaining property here to the north would be all open space to the Tow=
n.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 31
Mr. Duplissie: =
What's that street on the other
side? Isn't that the street t=
hat
comes up by Dunkin Donuts or whatever?
Mr. Crawford: <=
/b> That's
Mr. Duplissie: =
So the rest of that land now, you're
saying would become open space or a conservation easement?
Mr. Crawford: <=
/b> Open space, and it would be contigu=
ous
with the open space provided in the other two phases and then contiguous ag=
ain
with the existing open space the Town has potentially all the way down to R=
oute
63 (inaudible).
Mr. Zawadzki: <=
/b> It will be deeded to the Town?
Mr. Crawford: <=
/b> Yes.
Mr. Duplissie: =
So Phase III was how many lots
originally?
Mr. Crawford: <=
/b> There wasn't a Phase III. I believe this was something you
approved originally, 43 lots. We
went to Planning and Zoning and, it was reduced to 42 lots at that time.
Mr. Duplissie: =
(Inaudible) it's just that little c=
ul de
sac that's coming off . . . .
Mr. Crawford: <=
/b> That's correct, only 800 feet of
roadway. There's an intermitt=
ent watercourse
that runs along this area here (inaudible) R-30 and R-12.5 and then there's
another intermittent watercourse out in the middle of this open space here
(inaudible).
Mr. Polletta: <=
/b> If I remember, you were going to co=
nnect all
the way across right on the, what's the name of that street, Belden? That was another proposal?
Mr. Crawford: <=
/b> The Planning and Zoning Commission =
had
asked us to come informally. I
think there was some confusion with that.&=
nbsp;
We (inaudible) formal application or a formal plans right now.
Mr. Duplissie: =
So now this is a formal application=
?
Mr. Crawford: <=
/b> It's a formal plan.
Mr. Duplissie: =
And you're going to do that little =
spur,
which is, what are you calling it?
Mr. Crawford: <=
/b> Phase III.
Mr. Duplissie: =
Yea, but what's the name of that st=
reet
that you're adding?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 32
Mr. Crawford: <=
/b> We don't have a name yet, we will n=
ext
time.
Mr. Undercuffler: So that's not going to connect to B=
elden?
Mr. Crawford: <=
/b> No, it will be a permanent dead end=
. Water quality basin located again =
to the
east and then the remaining area open space. The total open space for this proj=
ect
will be about 40 acres out of 112.
Mr. Duplissie: =
And that intermittent watercourse, =
you
call it intermittent?
Mr. Crawford: <=
/b> Yes, that was defined by a soil
scientist. We're crossing it =
with
two 18 inch culvert designs using hegradge, different (inaudible) 100 year
flood.
Mr. Duplissie: =
Are those side by side 18 inch?
Mr. Crawford: <=
/b> They are side by side, and that's w=
ith a
rip rap plunge pool in the front and the top and the bottom and a concrete
headwall.
Mr. Duplissie: =
And the reason for 18 inch is becau=
se you
don't want to go deeper with a larger pipe?
Mr. Crawford: <=
/b> Well it's relatively steep in this
area. If the Commission remem=
bers
from the field walk, I'm not sure if we went this far out.
Mr. Polletta: <=
/b> I don't think we did.
Mr. Crawford: <=
/b> It's pretty deep and the way the ro=
ad is
basically benched into the hill so we're attempting to not disturb or minim=
ize
so we use the smaller pipe to keep the road lower by not cutting up the hill
and by using the two 18 inch pipes we're (inaudible).
Mr. Polletta: <=
/b> You're using two pipes, is that bec=
ause
you get a lot of water coming down?
Mr. Crawford: <=
/b> I don't have the exact numbers with=
me
today, but we wanted to design it for a 100 year storm event (inaudible).
Mr. Duplissie: =
You're saying one would probably do=
it
but the second one is . . . .
Mr. Crawford: <=
/b> Yea, we looked at a couple of optio=
ns, a
single 24 inch, and we decided that the 18 inch dual pipe (inaudible).
Mr. Polletta: <=
/b> Are you going to put this one in th=
at
same day?
Mr. Rafey: =
They can do it that day.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 33
Mr. Duplissie: =
We can do 3 that day? Cause the other one is a big one.<=
span
style=3D'mso-spacerun:yes'> The first one . . . .
Mr. Rafey: =
No, it's not that big and they can =
make
(inaudible).
Mr. Polletta: <=
/b> That's that big hillside right? (Inaudible) 16 lot subdivision.
Mr. Rafey: =
It's not like a large site.
Mr. Zawadzki: <=
/b> Let's move fast.
Mr. Crawford: <=
/b> The best place to meet is the exist=
ing
curb cut off of
Mr. Rafey: =
Is that the house with the black
(inaudible)?
Mr. Crawford: <=
/b> No, that's off of Pond View.
Mr. Rafey: =
I know where it is.
Mr. Crawford: <=
/b> This is the existing 50 foot right =
of
way.
Mr. Duplissie: =
You've done some construction on th=
at?
Mr. Crawford: <=
/b> Nothing has been done yet.
Mr. Duplissie: =
You've done nothing on that section=
yet?
Mr. Crawford: <= /b> That's correct. But we'll be able to (inaudible).<= o:p>
Mr. Rafey:<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo=
ld'> Land Tech reviewed Phase I and Pha=
se II
of this subdivision and I want them to review this Phase as well.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Hire a Third Party Review for Application #5=
91,
Phase III, Highview Estates, Watertown, CT.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 34
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Table and Schedule a Site Walk for Applicati=
on
#591, Phase III, Highview Estates,
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
F. =
Application
#592, Town of
&=
nbsp; Chuck Berger, Town Engineer, Town =
of
&nbs=
p; Mr.
Berger: This is an existing dwelling on th=
e
&=
nbsp; Mr. Undercuffler: What, are there two houses on one =
lot
now?
&=
nbsp; Mr. Berger: This is the John Trumbull School
property outline, the red house is already, there's a lot that was taken ou=
t at
some point in the past, so that is a separate lot.
&=
nbsp; Mr. Duplissie: I think what he said is that there=
are 2
houses there, correct? They'r=
e not
going to be building a new house anywhere, they're just . . . . .
&=
nbsp; Mr. Zawadzki: No, they're only selling the part =
with
the one house.
&=
nbsp; Mr. Berger: There is an existing house on this=
lot,
on this own lot now. There is=
an
existing house here which is part of the John Trumbull property. The Town has been a landlord there=
I
believe, I don't know what the arrangements were, I think there was an elde=
rly
woman who lived there when the school was developed and she had lifetime us=
e of
it is what I think happened there, and I'm not sure what has happened to he=
r,
but the house is vacant now and the Town does not want to be in the landlord
business anymore so they want to subdivide it and sell it.
&=
nbsp; Mr. Rafey: Chuck, is there city sewer and wat=
er?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 35
&=
nbsp; Mr. Berger: There is city sewer and water in t=
he
road and there will be a condition of approval that the new owner must hook=
up
to that.
&=
nbsp; Mr. Rafey: Cause you need 40,000 square feet =
of
land for a septic system.
&=
nbsp; Mr. Berger: There is a full sized set of plans=
of
which I made a copy of a portion of it (inaudible). The owner of Lot #1, which is the =
lot
we're proposing to create, is required to connect to the Town's sewer and
water, along with to locate the (inaudible) septic tank in accordance with =
the
Torrington Area Health requirements in order to abandon the existing well in
accordance with the Torrington Area Health requirements. There is also notes 2, 3, and 4 on=
the
plans, no new construction activities (inaudible) or excavation except the
minimum necessary to connect the existing residential structure to Town wat=
er
and sewer. It shows the Town =
sewer
coming out the side of the house here, connecting to the road and the Town
water coming out in that direction.
&=
nbsp; Mr. Zawadzki: This is not going to be in the set=
back
area are you?
&=
nbsp; Mr. Berger: No, we are not. The blue on the handout are the li=
mits
of the wetlands, the yellow is the 50 foot, there will be no construction
activity within those (inaudible).
However, we are now, I think you will be seeing more and more
subdivision before you, and correct me if I'm wrong, Moosa, to make a
determination that there are no regulated activities (inaudible) in the pas=
t I
don't think you saw this type of activity, a determination would be made th=
at
there are no regulated activities and it wouldn't even come before this
Commission. I think the new p=
olicy
is going to be to bring these before you as I understand, you're the agency
that has to make the determination that there are no regulated activities, =
the
staff shouldn't be making them.
&=
nbsp; Mr. Rafey: Especially since we don't have an =
agent
at this time, these have to come through you so you can determine that ther=
e is
no wetland activity on the property.
&=
nbsp; Mr. Undercuffler: But in the future if they decide t=
o put
a pool back there or something, then it's a whole new ballgame.
&=
nbsp; Mr. Rafey: What about the septic system? Is that located within the regulat=
ed
area?
&=
nbsp; Mr. Berger: We don't know where the existing s=
ystem
is right now.
&=
nbsp; Mr. Rafey: But at that time if it is within t=
he
regulated area then (inaudible).
&=
nbsp; Mr. Berger: The owner will have to (inaudible)=
. We couldn't find the records of wh=
ere that
was, we were unsuccessful.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 36
&=
nbsp; Mr. Polletta: The septic system? So nobody knows where it goes?
&=
nbsp; Mr. Zawadzki: Well wouldn't it just be abandon?<=
span
style=3D'mso-spacerun:yes'> If you connect to the city sewer y=
ou
just abandon the connection made in the house.
&=
nbsp; Mr. Duplissie: Yea but according to the laws, you=
have
to find the tank and empty it, crush it.
&=
nbsp; Mr. Polletta: So chances are this will lead to <=
st1:place
w:st=3D"on">
&=
nbsp; Mr. Berger: I don't see any evidence of septic
system failure, but then again there is nobody in the house right now eithe=
r.
&=
nbsp; Mr. Duplissie: Are they selling both lots?
&=
nbsp; Mr. Berger: No, the other lot on the red house=
is privately
owned and people are living there.
That has been there for a long time.
&=
nbsp; Mr. Zawadzki: It has nothing to do with the Town=
.
&=
nbsp; Mr. Berger: We're proposing creating a lot wit=
h that
existing house on it and sell it.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #592, Town of
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
7. &n=
bsp; Old
Business
&=
nbsp; A. Review
of the Conservation Commission/Inland Wetland Agency By-Laws
&nbs=
p; Mr.
Rafey: These are the changes that I made t=
o the
by-laws. Page 1 I changed the=
name
of the commission member. Art=
icle
7, I changed the time of the meeting from 7:30 to 7:00 p.m. On top of the page, second line, I
changed Section C.3. to Section 2, 3, and 4. There's one more. (Inaudible) under Item 13, (inaudi=
ble),
Section 3, I changed the 5 days to 3 days.
&=
nbsp; =
; Mr.
Zawadzki: We just violate=
d that
about 3 times tonight.
&nbs=
p; Mr.
Rafey: Most of these were suggested by Mr.
Undercuffler at the last meeting and I made those changes. If there are any other changes, le=
t me
know.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 37
&=
nbsp; =
; Mr.
Marotta: The only comment=
I
had, Section 8, 6 from the bottom there, it says that the Conservation
Commission/Inland Wetland Agency shall have all powers and duties as set fo=
r by
the Connecticut General Statutes or any special acts related to the Town of
Watertown with respect to conservation and inland/wetlands, I propose to pu=
t in
"and watercourse matters".
Page, Section 8, Article 5.
&nbs=
p; Mr.
Zawadzki: I thought we were going to number t=
he
pages.
&nbs=
p; Mr.
Rafey: There was something wrong with the
computer and I couldn't put the page numbers on it, I have to work on that.=
&=
nbsp; =
; Mr.
Marotta: The last line, t=
he
Conservation Commission/Inland Wetland Agency shall have all powers and dut=
ies
as set for by the Connecticut General Statutes or any special acts related =
to
the Town of Watertown with respect to conservation and inland/wetlands, I
propose to put in "and watercourse matters" cause we also have
jurisdiction over that.
&nbs=
p; Mr.
Zawadzki: There's no period at the end of that
anyway.
&=
nbsp; =
; Mr.
Undercuffler: So we're go=
ing to
add watercourses and put a period.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Well actually when you put with re=
spect
to conservation, inland/wetlands, and watercourse matters, you won't need t=
hat
first and, if I'm reading that right.
It would read special act relating to Town of
&=
nbsp; MOTION: (Mr. =
Undercuffler,
sec. Mr. Duplissie) to Approve the Conservation Commission/Inland Wetland
Agency By-Laws as amended.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 38
8. =
New
Business
&=
nbsp; A. Discussion
on Memorandum of Understanding Work Agreement between the Northwest
Conservation District, The Town of Watertown, and Heritage Woods, LLC to
conduct onsite inspections.
&=
nbsp; &nbs=
p; Mr. Rafey: This is for the Heritage Devel=
opment
project. It's such a huge pro=
ject
we don't have enough staff to do the inspections. I sent a proposal to Northwest
Conservation District and this is their agreement, and if you agree with th=
is,
you can just make a Motion to approve to hire them to monitor and inspect t=
he
project site.
&=
nbsp; &nbs=
p; Mr. Undercuffler: It looks good to me.
&=
nbsp; &nbs=
p; Mr. Zawadzki: They submitted this?
&=
nbsp; &nbs=
p; Mr. Rafey: Yes.
&=
nbsp; &nbs=
p; Mr. Zawadzki: On Page 3 where it says inspec=
tion
type routine and circled, that means they're not going to do pre-rain, duri=
ng
rain, or post-rain inspections?
They'll just do routine.
Does that mean regularly scheduled once a week?
&=
nbsp; &nbs=
p; Mr. Rafey: (Inaudible) they won't wait un=
til
it's raining, there will be other weeks, twice a month.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Well regardless of the weather=
?
&=
nbsp; &nbs=
p; Mr. Rafey: That is something that the site
managers have to do, if there is rain, within 24 hours of the rain they hav=
e to
inspect the site and report it to us.
&=
nbsp; &nbs=
p; Mr. Duplissie: Where it says that each routine
inspection will be billed at no less than 4 hours which will include travel
time to and from the site plus on site inspections, communications and
graphing, so every time they go it's a minimum of 4 hours. So if they just go to the site, an=
d then
at a later time they draft this up do they get the 4 hours for the site vis=
it
plus whatever time they do, or do they do their drafting and written
distribution as part of that 4 hours they get it in?
&=
nbsp; &nbs=
p; Mr. Rafey: Each time they go and inspect they=
get 4
hours, it's like 8 hours per month.
&nbs=
p; &=
nbsp; Mr.
Undercuffler: Well unless it takes them more tha=
n that
to do whatever they have to do.
&=
nbsp; &nbs=
p; Mr. Rafey: That is minimum. If it requires longer, they will do
that.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 39
&nbs=
p; &=
nbsp; Mr.
Zawadzki: It says it includes field work, tr=
avel
time, to and from meeting attendance and (inaudible) to complete and distri=
bute
written reports. That's $85.0=
0 an
hour.
&=
nbsp; &nbs=
p; Mr. Duplissie: Yea, if additional work beyond the=
cost
associated.
&=
nbsp; &nbs=
p; Mr. Zawadzki: And a minimum of 4 hours, so that =
seems
pretty clear.
&=
nbsp; &nbs=
p; MOTION: (Mr. =
Marotta,
sec. Mr. Undercuffler) to Approve the Memorandum of Understanding Work
Agreement between the Northwest Conservation District, The Town of Watertow=
n,
and Heritage Woods, LLC to conduct onsite inspections.
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; B. =
Discussion
and possible action on a Conservation Easement located on Lot #1 Slade Stre=
et,
&=
nbsp; &nbs=
p; Elvin Spaho, Lot #1, Slade Street,=
&=
nbsp; &nbs=
p; Mr. Spaho: We had made a mistake on the prope=
rty on
&=
nbsp; &nbs=
p; Ereida Spaho, Lot #1, Slade Street=
,
&=
nbsp; &nbs=
p; Ms. Spaho: We're building a house, and (inaud=
ible)
and there was wetlands and (inaudible).
&=
nbsp; =
; Mr.
Polletta: This is a brand=
new
house you're building?
&=
nbsp; &nbs=
p; Ms. Spaho: Yes. (Inaudible.)
&=
nbsp; &nbs=
p; Mr. Zawadzki: Some of this has already been done?=
&=
nbsp; &nbs=
p; Mr. Rafey: What happened is they cut some tree=
s in
the conservation easement area. There
is a 50 foot wide conservation easement area. I went there and told them to stop=
what
they were doing and I recommended they put some trees and 4 x 4 posts in the
ground with placards on them.
&=
nbsp; &nbs=
p; Mr. Polletta: How many trees were cut?
&=
nbsp; &nbs=
p; Mr. Rafey: 2 or 3.
&=
nbsp; &nbs=
p; Mr. Marotta: What kind of trees were they?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 40
&=
nbsp; &nbs=
p; Mr. Spaho: I don't know what kind of trees they
were, but they were about 10 inches in height.
&=
nbsp; &nbs=
p; Mr. Duplissie: Within the 35 foot easement?
&=
nbsp; &nbs=
p; Mr. Rafey: 50 feet, yes.
&=
nbsp; &nbs=
p; Mr. Duplissie: Way in the back of the property.
&=
nbsp; &nbs=
p; Ms. Spaho: Yes.
&=
nbsp; &nbs=
p; Mr. Undercuffler: Where is this?
&=
nbsp; &nbs=
p; Mr. Rafey:
&=
nbsp; &nbs=
p; Ms. Spaho: The house has been built, now we are
siding it.
&=
nbsp; &nbs=
p; Mr. Polletta: We should have realized (inaudible)=
.
&=
nbsp; &nbs=
p; Mr. Rafey: I actually stopped issuing any perm=
its
for them, I told the Building Department to stop issuing permits until they
came to this Commission and discussed this issue with you and see what you
recommended them to do.
&=
nbsp; &nbs=
p; Mr. Spaho: Action has already been taken. We have (inaudible).
&=
nbsp; &nbs=
p; Ms. Spaho: Same day he did that, we're cleanin=
g that
up.
&=
nbsp; &nbs=
p; Mr. Spaho: Yea, and the surveyor is supposed t=
o come
out and mark it. He was suppo=
sed to
come today but due to the weather he didn't make it.
&=
nbsp; &nbs=
p; Mr. Duplissie: Who actually cut the trees?
&=
nbsp; &nbs=
p; Ms. Spaho: The foundation person, subcontracto=
r. He did the cleaning up and did the
foundation.
&=
nbsp; &nbs=
p; Mr. Spaho: It was mostly our fault because we =
didn't
notice (inaudible).
&=
nbsp; &nbs=
p; Mr. Undercuffler: You bought this after it had alread=
y been
subdivided?
&=
nbsp; &nbs=
p; Mr. Spaho: Yes.
&=
nbsp; &nbs=
p; Mr. Undercuffler: So it should have been marked.
&=
nbsp; &nbs=
p; Mr. Rafey: There are markers on the trees.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 41
&=
nbsp; &nbs=
p; Mr. Duplissie: There were markers on the trees and=
he
cut them anyway? Who was the
contractor?
&=
nbsp; &nbs=
p; Mr. Spaho: Maco, Inc.
&=
nbsp; &nbs=
p; Mr. Rafey: I think there is a property owner
(inaudible).
&=
nbsp; &nbs=
p; Ms. Spaho: We should have realized it.
&=
nbsp; &nbs=
p; Mr. Undercuffler: You could go after the contractor a=
nd
make him . . . .
&=
nbsp; &nbs=
p; Mr. Polletta: I personally believe that they made=
a
mistake and they apologized with a letter, I think if you put in 3 new trees
that would please me.
&= nbsp; &nbs= p; Mr. Marotta: And replace the (inaudible) trees.<= o:p>
&=
nbsp; &nbs=
p; Mr. Rafey: There are no trees left to put the =
markers,
they have to put those 4 x 4 posts and then plant some trees behind that
line. 3 trees are not enough
because (inaudible).
&=
nbsp; &nbs=
p; Mr. Polletta: Whatever trees you plan to put exac=
tly
the same thing and make sure they're at least 8 to 10 feet tall.
&=
nbsp; &nbs=
p; Mr. Marotta: Well we don't even know what was ta=
ken
out, so I mean if you want to . . . .
&=
nbsp; &nbs=
p; Mr. Duplissie: Well they're not going to put in 10=
inch
caliber.
&=
nbsp; &nbs=
p; Mr. Marotta: No, I know, but we don't even know =
what
species of trees they were.
&=
nbsp; &nbs=
p; Mr. Duplissie: If they put in four or five 6 foot =
white
pines, they grow 2 foot a year.
&=
nbsp; &nbs=
p; Mr. Rafey: (Inaudible.)
&=
nbsp; &nbs=
p; Ms. Spaho: Whatever you recommend (inaudible).=
&=
nbsp; &nbs=
p; Mr. Duplissie: You saw it so I don't know.
&=
nbsp; &nbs=
p; Mr. Rafey: Everything was drawn and cut in pie=
ces.
&=
nbsp; &nbs=
p; Mr. Duplissie: You could tell, was it hard wood, o=
r soft
wood.
&=
nbsp; &nbs=
p; Mr. Rafey: Hard wood. Do you want to put some I think ma=
ples .
. . . .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 42
&=
nbsp; &nbs=
p; Mr. Marotta: Say 5?
&=
nbsp; &nbs=
p; Mr. Zawadzki: Do you want to go look at it?
&=
nbsp; &nbs=
p; Mr. Marotta: No.
&=
nbsp; &nbs=
p; Mr. Rafey: We want them to do this as soon as
possible, we don't want to wait another month.
&=
nbsp; &nbs=
p; Mr. Marotta: I'd say like five 4 inch caliber su=
gar
maples. I mean if you guys wa=
nt to
put in 3 inch, I just don't want to put in (inaudible).
&=
nbsp; &nbs=
p; Mr. Berger: That's a pretty big tree (inaudibl=
e) but
I think the inch and a half caliber that we recommend for street trees
(inaudible) are about $400.00 each.
A contractor can probably get them for less, but for bonding purpose=
s I
think $400.00 each for inch and a half caliber trees.
&=
nbsp; &nbs=
p; Mr. Duplissie: I know you're mentioning a hard woo=
d, but
I don't know what the area is, if it's all hard wood or soft wood . . . .
&=
nbsp; &nbs=
p; Mr. Rafey: No, there's like a mix of all kinds=
.
&=
nbsp; &nbs=
p; Mr. Duplissie: For protection I'd rather they put =
in a
couple of 6 or 8 foot white pines and let them grow. They grow a lot faster, they'll gi=
ve
better shade and then whatever will grow around it, and it's a lot less
expensive tree to put in the ground.
&=
nbsp; &nbs=
p; Mr. Rafey: Okay, then six white pines.
&=
nbsp; &nbs=
p; Mr. Duplissie: Six 8 foot, they're not expensive,
they're like $70.00 apiece; a lot better than a $300.00 tree.
&=
nbsp; &nbs=
p; Mr. Spaho: They usually come in 8 feet?
&=
nbsp; &nbs=
p; Mr. Duplissie: Yes.
&=
nbsp; &nbs=
p; Mr. Zawadzki: That will make a nice thicket back =
there,
cause they get to a pretty good size.
&=
nbsp; &nbs=
p; Mr. Rafey: You have to plant those trees and p=
ut the
markers and call us for an inspection after, and I will tell the Building
Department to give you the permit.
This is also in front of the Planning and Zoning Commission because =
they
also have jurisdiction over the conservation easement area.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 43
&=
nbsp; &nbs=
p; Mr. Duplissie: As long as you plant them properly,
that's all, get someone who knows how to plant those trees. They have to put the proper size b=
all in
the ground and you can't go up on the bark cause they won't last. (Inaudible) condition that they ma=
intain
and they don't last the first year and you'll have to replant them.
&=
nbsp; &nbs=
p; Mr. Berger: Call my office and we'll give you a
planting detail that shows you the proper way to plant them.
&=
nbsp; &nbs=
p; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to Accept a Conservation Easement located on Lot #1 Sla=
de
Street,
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; C. Application
to amend the CCIWA Permit #549 issued to Patrick Graziano for construction =
of
Phase II Highview Estates Residential Subdivision located on
&=
nbsp; =
; Ted
Crawford, Professional Engineer, Malone & McBroom
&nbs=
p; &=
nbsp; Mr.
Crawford: This is for Phase II of the subdiv=
ision
you approved last Summer. We
approved this subdivision in this connection, this direct impact, it was an
alternate that was approved, it was called Alternate B. When we finalized the design for t=
his
initially at Planning and Zoning, we actually didn't impact as much as we
anticipated (inaudible) so there's two parts to this modification. The first is a reduction actually =
in our
direct impact approval from 3,000 to 2,400 square feet and then there is a
slight increase however based on the final design of the detention basin for
that same alternate, there was an increase in upland activity from 15,220 t=
o 16,900
square feet. So we're asking =
for
the modification for that permit for regulated activity #4 to be increased =
in
upland from 15,220 to 16,900 and a reduction in wetlands are from 3,000 to
2,400 cause it's simply not needed.
We were able to (inaudible) farther over and (inaudible) on the lot.=
&=
nbsp; &nbs=
p; Mr. Duplissie: So you're increasing by 1,700 squar=
e feet
the upland review and you're decreasing the wetland impact by 600, roughly?=
&nbs=
p; &=
nbsp; Mr.
Crawford: That's correct. I can show you that aerial picture=
again
to give you an idea.
&=
nbsp; &nbs=
p; Mr. Duplissie: No, I remember, didn't you have to =
buy
some of the property from the owner?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 44
&nbs=
p; &=
nbsp; Mr.
Crawford: There is an agreement with the pro=
perty
owner, that was the home off of Kimberly that had the flagpole in it.
&=
nbsp; &nbs=
p; Mr. Polletta: With the electrical right there, no=
?
&nbs=
p; &=
nbsp; Mr.
Crawford: Yes, they are in agreement to take=
a
small sliver of that property and actually give a larger piece to that home=
owner
as part of that there were plantings along his property.
&=
nbsp; &nbs=
p; Mr. Duplissie: That's the homeowner that had plant=
ed
right to the wetlands anyway, he landscaped all the way to the wetlands.
&nbs=
p; &=
nbsp; Mr.
Crawford: Well we're going to put a road the=
re to
stop him.
&=
nbsp; &nbs=
p; Mr. Duplissie: Do we have to Table this or can we =
vote
on it?
&=
nbsp; &nbs=
p; Mr. Rafey: You can vote on it.
&=
nbsp; &nbs=
p; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Approve the amendment the CCIWA Permit #549 issued to
Patrick Graziano for construction of Phase II Highview Estates Residential
Subdivision located on
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; D. Modification of Permit #468, Town of
&=
nbsp; &nbs=
p; Chuck Berger, Town Engineer, Town =
of
&=
nbsp; &=
nbsp; Mr. Berger: I'm here on behalf of the Departmen=
t of
Public Works for a modification of Permit #468. I don't know how much of an overvi=
ew or
history the Commission wants, do you want the short or long version.
&=
nbsp; &nbs=
p; Everyone
said short version.
&=
nbsp; &nbs=
p; Mr. Berger: Permit #468 was issued and it was
modified a couple of different times through the Department as we finalized=
the
Guernseytown Road Phase I drainage improvement project which is nearing
completion. All of the draina=
ge
work is substantially in, for those of you who have traveled the road in the
past couple of days to a week they are in the process of full depth
reconstruction and there is no pavement on the road and they are ahead of
schedule and they will finish by early Summer.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 45
&=
nbsp; &nbs=
p; This
is the storm drainage line that comes down through
&=
nbsp; &nbs=
p; Mr. Duplissie: What size rip rap are they put=
ting
in?
&=
nbsp; &nbs=
p; Mr. Berger: Modified, which is 6 to 9 inches.
&=
nbsp; &nbs=
p; Mr. Duplissie: They're doing it from the asph=
alt
side, right, so they're not having to get into this unnamed stream? They're going in from the paved ar=
ea and
just stick it in. . . . .
&=
nbsp; &nbs=
p; Mr. Berger: I envisioned this to be like what w=
e did
out on
&=
nbsp; &nbs=
p; Mr. Duplissie: Sounds like a no brainer. (Inaudible).
&=
nbsp; &nbs=
p; Mr. Berger: Yes.
&=
nbsp; &nbs=
p; Mr. Duplissie: And it's easy access, they don=
't
have to disturb anything.
&=
nbsp; =
; Mr.
Zawadzki: When you say tu=
ck
them in, does that mean done by hand?
&nbs=
p; &=
nbsp; Mr.
Berger: No.
It will be done with equipment but it will be very limited, it will =
be
reaching over and . . . .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 46
&nbs=
p; &=
nbsp; Mr.
Duplissie: They tilt the bucket and then just=
kind
of pluck it down so that they don't move.
&=
nbsp; &nbs=
p; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to approve the Modification of Permit #468, Town of
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
9. =
Communications
and Bills
&n=
bsp; =
; Mr. Rafey: This was sent to the Planning =
and
Zoning Commission and (inaudible).
&n=
bsp; =
; Mr. Zawadzki: Yea, I don't know why they sent it=
to
us.
&n=
bsp; B.<=
span
style=3D'mso-tab-count:1'> =
&n=
bsp; =
; Mr.
Rafey: Thee is an article=
on
the second page if you want to read it now. It is very important.
&n=
bsp; =
; Mr.
Zawadzki, Chairman, read aloud the following article for the record:
&n=
bsp; =
; "=
Destruction
of a wetland area is a significant impact.=
The crossing of a wetland area which would destroy 2,000 square feet=
of
wetlands was found by a court to be a significant impact on a wetlands. The developer had argued otherwise
raising the argument that the amount of wetlands in the area affected was m=
inor
compared to the overall size of the subdivision which was 17 acres, thus no
matter how small the area of impacted wetlands is, the Wetlands Agency is
allowed to make the required analysis of the project and determine whether a
prudent and feasible alternative exists.
&n=
bsp; =
;
&n=
bsp; =
; Mr. Zawadzki: Which is what we discussed too, bu=
t this
basically says that we're backed up by the court.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 47
&=
nbsp; &nbs=
p; Mr.
Rafey: And once you determine that it is a
significant activity, then you have to hold a public hearing, and the appli=
cant
has to submit a prudent and feasible alternative. It doesn't matter if it's 5,000 or=
2,000
square feet, if the Commission says it's a significant activity, that's
it. The applicant cannot argu=
e that
he has 50 acres of land and I'm impacting only 5,000 square feet. No matter what size the impact is,=
the Commission
determines a significant activity.
&n=
bsp; =
; Mr.
Zawadzki: I can't say that
anyone has ever argued with the decisions when we declared something a
significant activity.
&=
nbsp; &nbs=
p; Mr.
Duplissie: No, but they like to come in front=
of us
and say yea but it's just minimal wetlands, it's not real good wetlands, it=
's
manmade. I like that manmade
wetlands. It wasn't there bef=
ore,
just because it wasn't much doesn't mean it wasn't there.
&n=
bsp; C.<=
span
style=3D'mso-tab-count:1'> The
Habitat,
&n=
bsp; =
; Mr.
Zawadzki: Just for our
information.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to accept Communications and Bills, 9A-C, as presented.=
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Mr.
Undercuffler: On page 14 of that newsletter, I d=
on't
see
&nbs=
p; Mr.
Rafey: Probably we don't give them
anything. We have a membershi=
p but
we probably don't give them anything.
(Tape #2, Side A ended - may have missed some.)
10. Repor=
ts
from Officers and Committees
&nbs=
p; None
11. Repor=
ts
from Staff
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
APRIL 12, 2007
PAGE 48
12. &n=
bsp; Public
Participation
None
13. Adjou=
rnment
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Adjourn the Regular Meeting at 10:13 p.m.
&nbs= p; Discussion: None<= o:p>
&nbs=
p; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Regular
Meeting Adjourned at 10:13 p.m.
Respect=
fully
submitted,
James
Zawadzki, Chairman
Conserv=
ation
Commission/
Inland
Wetlands Agency
&nbs=
p; _________________=
_________________