MINUTES
CONSERVA=
TION
COMMISSION/INLAND WETLANDS AGENCY
REGULAR
MEETING
THURSDAY=
, JUNE
15 2006 - 7:30 PM
PRESENT: =
; &n=
bsp; =
; Lucia
DiBona
=
&nb=
sp; =
&nb=
sp; Glenn
Duplissie
=
&nb=
sp; =
&nb=
sp; Ron
Jones, Secretary
=
&nb=
sp; =
&nb=
sp; Joseph
Polletta
=
; &n=
bsp; =
&nb=
sp; Edwin
Undercuffler, Vice Chairman
ABSENT: =
; &n=
bsp; =
; =
Charles
Thermer
=
&nb=
sp; =
&nb=
sp; James
Zawadzki, Chairman
ALTERNATES PRESENT: =
; Martha
Sturgis
ALTERNATES ABSENT: =
; <=
/span>Peter Peluso
=
&nb=
sp; =
&nb=
sp; Denise
Russ
OTHERS PRESENT: &n=
bsp; =
; Chuck
Berger, Town Engineer
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Moosa
Rafey, Assistant Zoning Enforcement Officer
1. =
Call
Meeting To Order
Mr.
Undercuffler, Vice Chairman, called the Regular Meeting to order at 8:37 p.=
m.
2. &nb=
sp; Roll
Call
Mr.
Jones, Secretary, executed the Roll Call.
Mr.
Undercuffler, Vice Chairman, asked Ms. Sturgis to sit in for Mr. Zawadzki, =
in
his absence.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 2
3. =
Public
Participation
Mr. Salamone: I have a few comments regarding an item on the
Agenda this evening. I know w=
e are
a long way from that point but it's a question I need to answer before you =
even
get there. It's Item 6E, rega=
rding
Application #567. Is it prope=
r for
this Commission even to take up this application at this point of time, giv=
en
the fact that the applicant does not own the property on which it proposes =
to
build this road or driveway, nor to my knowledge does he yet have permission
from the Town, so I don't know whether it's customary for any application t=
o be
even considered let alone approved to individuals who wanted to contract
whether it be structures or roadways or whatever on land that they do not o=
wn
nor have permission to use.
Mr. Polletta: (Inaudible) whoever =
is
going to present the application, then you can ask that question.
Mr. Duplissie: It's not uncommon fo=
r an
engineer to present us with an application and they don't own the land, they
just have an option on it, so until we get the application presented to us =
we
have no idea who is doing what.
Ownership doesn't mean anything to us, it's more, that's something t=
hey
have to take up. I can ask an=
ybody
to do that on my behalf. At t=
his
point we'll have to wait and see what that application brings us.
Mr. Salamone: Well then as an abut=
ter to
this piece of land, I would request at this point of time that a public hea=
ring
be held on this matter, regardless of what you decide to give the rest of t=
he
residents in that area an opportunity to voice their opinions in this
matter. I'm sure most of you =
are
somewhat familiar with the situation, it has become quite contentious and I
think it's only appropriate that everybody be given the opportunity to voice
their opinion.
Mr. Fahey: I too also would jus=
t like
to say that I would like to have a public hearing. I would second my neighbor, Lou
Salamone's request. There are=
a lot
of issues. Like he said this =
has
been quite a complicated situation this piece of property and there's a lot=
of
issues and it's really hard for me to speak now because I don't really know
what he's going to say, so I think there should be a public hearing. I just wanted to second it at this=
time
since there's not really much else I can do.
Mr. Undercuffler, Vice
Chairman, Closed Public Participation at 8:40 p.m.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 3
4. =
Action
on Minutes
=
A. =
Regular Meeting, March 9, 2006
=
B. =
Continuation of Public Hearing, April 20, 2006, App. #544, Donald
Curtiss
=
C. =
Public Hearing, April 20, 2006, App. #547,
=
D. =
Public Hearing, April 20, 2006, App. #546, Patrick Graziano
=
E. =
Public Hearing, April 20, 2006, App. #549, Patrick Graziano
=
F. =
Regular Meeting, April 20, 2006
=
G. =
Continuation of Public Hearing, May 11, 2006, App. #547,
=
H. =
Continuation of Public Hearing, May 11, 2006, App. #546, Patrick
Graziano
=
I. =
&nb=
sp;
Continuation of Public Hearing, May 11, 2006, App. #549, Patrick
Graziano
J. Regular
Meeting May 11,2006
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Approve Item 4A as presented.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Table Items 4B through 4J as presented.
&= nbsp; Discussion: None<= o:p>
5. =
Pending
Applications
&= nbsp; A. Application #547 of Watertown Woods, LLC for 13-lot Wolf Hill residential subdivision located on Woodbury Road, Watertown, CT.
&=
nbsp; &nbs=
p; If
the Public Hearing is Closed on June 15, 2006, then a decision is required =
by
August 18, 2006.
&= nbsp; &nbs= p; Mr. Polletta: I would like to ask our engineer if he has everything answered at this time?<= o:p>
&=
nbsp; &nbs=
p; Mr.
Berger: We have discussed=
all
the questions raised in my memo and he has agreed to incorporate all (inaud=
ible)
in the plans.
&=
nbsp; &nbs=
p; Ms.
Sturgis: There's only one
issue, and I don't know if it's something we vote on or not, it's that fee =
in
lieu, which they said they're rather (inaudible) land frankly, but (inaudib=
le).
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 4
&=
nbsp; &nbs=
p; Mr.
Rafey: Y=
ou can
make a recommendation to the Planning and Zoning Commission and they will m=
ake
the final decision.
&=
nbsp; &nbs=
p; Mr.
Duplissie: I=
think
we're going to get the land anyway.
&=
nbsp; &nbs=
p; Ms.
Sturgis: I=
don't
think so, if we take a fee we don’t' get he land, correct?
&=
nbsp; &nbs=
p; Mr.
Polletta: But based on the
letter that we read tonight, Park & Rec is not concerned so . . . .
&=
nbsp; &nbs=
p; Mr.
Rafey: T=
he
Watertown Land Trust doesn't want the land, and the Parks and Rec Department
suggested that you make a recommendation to the Planning and Zoning Commiss=
ion
as they did to accept a fee in lieu of the land. It's up to the Commission how you =
want
to present this to the Planning and Zoning Commission.
&=
nbsp; &nbs=
p; Mr.
Polletta: M=
y only
other concern on the subdivision is that whenever we have a crossing, I'd l=
ike
to (inaudible) to slope it a little bit so we don't have a direct runoff in=
to
the brook so into the watercourse, otherwise everything is (inaudible).
&= nbsp; &nbs= p; MOTION: (Mr. = Polletta, sec. Mr. Duplissie) to Approve Application #547 of Watertown Woods, LLC for 13-lot Wolf Hill residential subdivision located on Woodbury Road, Watertow= n, CT subject to standard conditions.
&=
nbsp; &nbs=
p; Discussion: Ms. Sturgis: But then if you don't take the open
space, what happens?
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Mr.
Polletta: I recommend to the Planning and Zo=
ning.
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Ms.
Sturgis: I like the idea of taking, if we t=
ake
the open space, we just take it, right, the Town takes it, I'm not clear on
this. What happens if we take=
a
fee, what happens to that open space?
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Mr.
Undercuffler: Well they could put a gas station =
there.
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Mr.
Rafey: The applicant proposes some conser=
vation
easement area over this area that was open space. There was another recommendation f=
rom
the Town of
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Mr.
Duplissie: If we look at the site plan, the o=
pen
space has the street that flows right through it, correct?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 5
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Mr.
Rafey: This is wetlands.
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Mr.
Duplissie: And there's wetlands, so it's goin=
g to
be hard. The way I look at it=
is
we're going to get the land anyway.
They're not going to do anything with that land there's a stream that
runs right through it.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Mr. Undercuffler: Further discussion?
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Mr. Duplissie: I think we were just talking a=
bout
the open space, and that has nothing to do with the approval. Our approval of this is just the
approval of this subdivision, from the Wetland Commission, it has nothing t=
o do
with, we can send a recommendation, but that has noting to do with our appr=
oval
of this project.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Mr. Polletta: We can keep it as a separate motio=
n.
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Mr.
Rafey: This Commission always makes
recommendations to the Planning and Zoning Commission regarding open space.=
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&= nbsp; &nbs= p; MOTION: (Mr. Polletta, sec. Mr. Duplissie) to recommend to the Planning and Zoning Commission that we take a fee in lieu of open space for Application #547 of Watertown Woods, LLC for 13-lot Wolf Hill residential subdivision located on Woodbury Road, Watertown, CT.
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
B. =
Application
#548 of St. Mary Magdalene Church Corp. for an addition to St. Mary Magdalen
School, 140 Buckingham Street, Oakville, CT.
&=
nbsp; If
a Public Hearing is not held, then a decision is required by June 18, 2006.=
&=
nbsp; Mr.
Undercuffler: I understan=
d that
there is still a lot of information needed.
&nbs=
p; Mr.
Rafey: The engineer called me today and s=
aid he
wants to withdraw this application.
I was expecting a letter from him, but I didn't receive it, so we can
just deny this application. M=
r.
Petroccia agreed that there is a lot of engineering work that has to be don=
e,
so when they submit a new application, all of the engineering will be
completed.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 6
&nbs=
p; Mr.
Polletta: Will they have to pay again with a=
new
application?
&=
nbsp; Mr. Rafey: We didn't charge them a fee for this
application because it's a non-profit organization, and you can do that aga=
in
when they come back.
&= nbsp; &nbs= p; MOTION: (Mr. Duplissie, sec. Mr. Polletta) to Deny Application #548 of St. Mary Magdalene Church Corp. for an addition to St. Mary Magdalen School, 140 Buckingham Street, Oakville, CT because it was incomplete.
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
C. Application
#546 of Patrick Graziano for 11-lot residential subdivision located on
&=
nbsp; If
the Public Hearing is Closed on June 15, 2006, then a decision is required =
by
August 18, 2006.
&=
nbsp; Mr. Duplissie: Do we want to hold this off, a=
re
they coming back this month to make a presentation on the 32 lot subdivisio=
n? Maybe we can hear that before we v=
ote on
the 11 lot?
&=
nbsp; Ms. Sturgis: I think they're separate and disti=
nct.
&=
nbsp; Mr. Duplissie: They are separate and distinct but
they're going through the 11 lot subdivision to get to that 32 lot subdivis=
ion they're
going to connect the two, so I'd like to hear the representation on the 32 =
lot
subdivision first. We have the
time, let's reserve our right to vote.
&=
nbsp; Mr. Rafey: I recommend that you make a dec=
ision
based on the information you have for this application. You cannot approve or disapprove th=
is because
of another pending application.
&=
nbsp; Mr. Duplissie: But we don't have all of the
information. Again it's a lot=
of
technical stuff between Chuck and their engineer. It was originally a cul de sac; no=
w it's
going to be a hammerhead. If =
this
goes through and the 32 lot subdivision doesn't go through, does this stand
alone for you?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 7
&=
nbsp; Mr. Berger: It does, but there would be supple=
mental
information required to decide whether or not it was a hammerhead or a cul =
de
sac instead of what is going to be proposed is a road on Phase II, the plans
you have in front of you tonight, is also the access road, detention basin,=
so
those kind of interfacing details between Phase I and Phase II would have t=
o be
resolved, if Phase II didn't go forward, but Phase I can be a stand alone
drainage-wise . . . .
&nbs=
p; Mr.
Duplissie: It can stand alone, but there would
definitely be some differences if we do not approve the 32 lot subdivision.=
&nbs=
p; Mr.
Berger: Well you'd see a cul de sac or a
hammerhead, where right now the plans show a through road to Phase II. The other cul de sac would not be =
a cul
de sac, it would be an access road to the detention pond.
&nbs=
p; Mr.
Duplissie; Is there more or less, I think we'=
re now
around 1,500 lineal feet or road.
Is there more than 1,500 feet as it stands and if it just stays as a=
n 11
lot subdivision?
&nbs=
p; Mr.
Rafey: I think it was 1,100 feet, the ori=
ginal plans.
&=
nbsp; Mr. Duplissie: I thought it went from 1,000 to 1,=
500,
the new zoning law.
&=
nbsp; Mr. Berger: Yea, they did increase the . . . .=
I
can't quote those details right now.
&nbs=
p; Mr.
Rafey: They have to go to the Planning and
Zoning Commission to deal with that issue.=
You are making a decision based on the wetland impacts on this
application. This is very min=
or,
it's only 750 feet of impact within the setback area.
&nbs=
p; Mr.
Duplissie: There's only one lot that has setb=
ack
area that we wanted to deal with #1, which he'll move the house so we can v=
ote
on that, as long as it's fine . . . . .
&=
nbsp; Mr. Rafey: The Chairman made a comment that t=
hy
should put the stone wall in addition to the conservation easement area.
&=
nbsp; Mr. Duplissie; They're taking down the stone wall=
so I
think they should do it. Do t=
he
stone wall and, because now if they want to extend the yard into the
conservation easement, they have to go through the stone wall.
&nbs=
p; Mr.
Polletta: Everything should be put on the pl=
ans
and the engineers should have everything ready so there is less for him to
worry about it. Am I right or
wrong? I think that if we mak=
e sure
that everyone does their job, then there's less work for our engineering de=
partment,
so I think that if they did come next month and they could put all that
information on, that would be better for all of us.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 8
&nbs=
p; Mr.
Duplissie: It could be a 5 minute spiel, you =
can
say you have everything that you wanted, we can approve it.
&nbs=
p; Mr.
Berger: That keeps (inaudible) part of the
process.
&nbs=
p; Mr.
Polletta: We discussed that the stone wall s=
hould
be on the plan, so everything will be (inaudible).
&nbs=
p; Mr.
Duplissie: They can move the stone walls to t=
he
east side of that subdivision, have that on the plans for you along with all
the other stuff you want.
&nbs=
p; Mr.
Rafey: I think the applicant can address =
only
the question that Mr. Berger raised in his latest memo, they cannot ask for
additional information because we already closed the public hearing and they
don’t have the opportunity to discuss those issues with you.
&nbs=
p; Mr.
Duplissie: The moving of the stone wall and a=
sk for
the . . . .
&nbs=
p; Mr.
Rafey: These issues were already discusse=
d in
Mr. Berger's memo, there are some items they already know, they should resp=
ond
to those items and revise their plans.
&nbs=
p; Mr.
Duplissie: And get back to us next month and =
Mr.
Berger said give us a memo saying, yes they've all been addressed, we vote =
on
it.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #546 of Patrick Graziano=
for
11-lot residential subdivision located on
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
D. Application
#549 of Patrick Graziano for construction of 32-lot Highview Estates
Subdivision, Phase II located on Lovely Drive, Kimberly Lane, and Pond View
Drive, Watertown, CT.
&=
nbsp; If
the Public Hearing is Closed on June 15, 2006, then a decision is required =
by
August 18, 2006.
Mr. Undercuffler: We need a Motion to T=
able.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 9
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Ms. Sturgis) to Table Application #549 of Patrick Graziano =
for
construction of 32-lot Highview Estates Subdivision, Phase II located on Lo=
vely
Drive, Kimberly Lane, and Pond View Drive, Watertown, CT.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; E. =
Application
#552 of Anthony Caruso for construction of 8-lot Lakeside Estates Subdivisi=
on,
Phase II located on Caruso Drive, Watertown, CT.
&=
nbsp; &nbs=
p; The
Commission has until June 16, 2006 to hold a public hearing or render its
decision on the application.
Mr. Rafey:
You have a long agenda, I recommend getting an extension from the
applicant and schedule your public hearing and I recommend to hold a specia=
l meeting
before the next regular meeting.
July 6th could be the day for the special meeting.
A
discussion ensued regarding who could make the special meeting.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table and Schedule a Public Hearing for
Application #552 of Anthony Carus=
o for
construction of 8-lot Lakeside Estates Subdivision, Phase II located on
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
F.&n=
bsp; =
;
Application #555 of Linda Bertolette for
division of a residential building lot and construction of a single-family
dwelling,
If
a Public Hearing is not held, then a decision is required by June 23, 2006
unless applicant grants a time extension.
Mr. Crawford: This property was originally presen=
ted to
the Commission in April. We d=
id a field
walk in May, at that walk there were several minor concerns. I'd like to just address those con=
cerns
and the revision we made to the plans.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 10
The
first concern was to relocate the house farther away from the wetland in the
upland review area. We have p=
ushed
the house about 10 feet towards Route 63, just to orientate yourself, this =
is
Route 63 running across the top of the page, the existing home located off
Route 63 on the western side, proposed single lot located on the north side=
of that
property. The Commission sugg=
ested
we push the house father towards Route 63 (inducible).
Mr. Undercuffler: How far did you move it, 10 feet?
Mr. Crawford: We moved it 10 feet. We are restricted by the location =
of the
septic system to the complete east of the property (inaudible) 63 so we are
restricted somewhat as to how far we could move the house. We then provided a scour hole,
(inaudible) we relocated am existing D.O.T. storm drainage closer to the
wetlands. Right now there is
somewhere a road (inaudible) discharge point for storm water, we now provid=
ed a
pipe system that's flatter and into a preformed scour hole that is 9 feet l=
ong,
7.5 feet wide, and 9 inches deep that's graded with rip rap and is anticipa=
ted
to slow down velocities and the volume of water that comes out of this pipe=
. The final recommendation was to in=
clude
a conservation easement along the area, essentially you can see the areas t=
hat
are colored in green and tan, those represent areas outside of the conserva=
tion
area, the remainder area in grey (inaudible shaded on the plans, you requir=
ed
it on Sheet 2, would be the conservation area. This proposed lot is for about 4.2=
acres
total, and about 2.4 acres of that now will be a conservation easement.
Mr. Duplissie: =
The grey area is the conservation
easement?
Mr. Crawford: That's correct.
Mr. Duplissie: =
And the green or the tan on the low=
er
section of your drawing area?
Mr. Crawford: That area is outside the upland rev=
iew
area so we just basically put our markers along the upland review area, how=
ever
there is no way to get across it, there is an intermittent watercourse that
connects through the property here, west of this proposed house this house =
is
adjacent to the golf course too.
Mr. Undercuffler: Will that conservation area be post=
ed?
Mr. Crawford: Yes.
Approximately every 50 feet there will be posted markers in this cas=
e we
have open field so we'll mot likely use a 4 x 4 post and the markers are
provided by the Town. We talk=
ed
about it even earlier, at the last meeting to include language to allow the
potential future homeowners to go in and remove the invasive species on the
guidance of a soil scientist and the approval of this Commission.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 11
Mr. Undercuffler: That would be kind of clear cutting,
wouldn't it?
Mr. Crawford: Removing multifloral rose, the inva=
sive (inaudible)
species, to plan an upland species, however it's not part of the applicatio=
n. We're reserving the right within t=
he
conservation easement language that will be filed on the land records to al=
low
that activity to happen.
Mr. Duplissie: =
But they have to come to us?
Mr. Crawford: That's right, it's a regulated acti=
vity,
so they have to come before you with a soil scientist and present that plan=
to
you for your review.
Mr. Duplissie: =
I can just see them going in there =
with a
(inaudible) (Tape #3, Side A ended - may have missed some). And before any construction is don=
e,
that silt fence area and the posted area, are they going to put, I'm lookin=
g at
the driveway here, the silt fence is probably going to be right at the post=
ed
area, correct?
Mr. Crawford: That's right, essentially yes.
Mr. Duplissie: =
So they're not going to go pas that=
area?
Mr. Crawford: Yea, the silt fence will be install=
ed and
also the posted area will also be installed (inaudible).
Mr. Duplissie: =
I just don't want the contractor to=
just
start (inaudible).
Mr. Crawford: Absolutely.
Mr. Polletta: <=
/b> All of the vegetation, you propose =
to
remove it, you're going to come before the Board, are you going to remove it
all on the south side of the house?
Mr. Undercuffler: They're not going to remove anythin=
g (inaudible).
d
Mr. Crawford: As part of this application we are =
not
removing anything.
Mr. Polletta: <=
/b> I understand that, but when do, are=
you
going to remove partial, how much of that vegetation are you going to remov=
e?
Mr. Crawford: That would be clearly delineated on=
that
future application, the future homeowner may never want to do that.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 12
Mr. Duplissie: =
It's just that there's no delineati=
on
right now and there's a nice little line on the paper, but when you get on =
the
site, that invasive species
is all the way up to 63, so I think that's what we're concerned abou=
t,
that they don't just go in with a brushove.
Mr. Crawford: That's why we'll install the limit =
of
disturbance prior to them going in.
Mr. Undercuffler: Is there a plan for a new house, or=
is
this just to get approval?
Mr. Crawford: This is for a division, a future pl=
ot
plan would have to come if they increased the regulated activity, I
believe. (Inaudible) through =
the
Town staff.
Mr. Rafey: =
But if they follow this up and subm=
it an
application for a zoning permit, I can issue a zoning permit according to t=
his
map. They only come to this
commission if they want to make changes.
Mr. Crawford: To the approval.
Mr. Duplissie: =
Yea, if they change the driveway, o=
r if
they change the footprint, the size of the house, or increase any water run=
off
they have to come back to us.
Mr. Rafey: I
think only if they change the impact on the regulated area.
Mr. Duplissie: =
Well if they increased the size of =
the
house there would be more runoff from the gutters. If they change the driveway, would=
n't
that change?
Mr. Rafey: As long as they're outside of the
regulated area, no, but most of the time when you approve the subdivision,
during the construction of the actual house, the last one they made some
changes, as long as they're within the setback area or outside of the regul=
ated
area and they don't impact the wetlands, we issue zoning permits.
Mr. Polletta: <=
/b> As long as they maintain what they =
got
approved, they're okay.
Mr. Rafey: The regulated activities that you
approved with this application, as long as they keep that the same, I
don’t care if they change the location or the shape of the house.
Mr. Duplissie: =
Right, but if they increased it fro=
m a
2,000 square foot house to a 9,000 square foot house . . . .
Mr. Rafey: They would have to come back to you=
.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 13
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Approve Application #555, of Linda Bertolette for division of a
residential building lot and construction of a single-family dwelling,
Litchfield Road, Watertown, CT subject to standard conditions.
&=
nbsp; Discussion: Mr. Undercuffler: Was there an issue about the appro=
val
for removal of invasive species?
&=
nbsp; &nbs=
p; &=
nbsp; Mr. Duplissie: No they cannot go to the setback a=
rea
and it has to be posted, so they can't go in there right now, they have to =
come
back for approval.
&nbs=
p; &=
nbsp; &nbs=
p; Mr.
Undercuffler: We don't have to include that in t=
he . .
. .
&nbs=
p; &=
nbsp; &nbs=
p; Mr.
Duplissie: No, because that’s standard
conditions.
&nbs=
p; &=
nbsp; &nbs=
p; Mr.
Rafey: The plans that I have are the same=
as
the one that you are showing there?
&nbs=
p; &=
nbsp; &nbs=
p; Mr.
Crawford: Yes.
&=
nbsp; &nbs=
p; =
; Mr.
Rafey: So I will mention =
the
date of the plans and the percs.
&nbs=
p; &=
nbsp; &nbs=
p; Mr.
Crawford: Yes they have the conservation are=
a delineated
and show the markers.
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; G. Application
#556 of Town of
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by July 14, 2006.=
Mr. Rafey: The
same thing, I want to recommend to just hold a public hearing on this for J=
uly
6th. You can give your presen=
tation
at that time, why repeat yourself now.&nbs=
p;
I'll give you a piece of paper, please sign this and give it back to=
me.
&=
nbsp; &nbs=
p; Mr. Smith: (Inaudible.)
Mr. Rafey: It doesn't matter, you're the
authorization.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 14
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #556 of Town of Watertown, Water and Sewer Authority for installation of
Wattles Brook Interceptor Sanitary Sewer located in Oakville, CT and get an
extension from the applicant.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; H. Application
#557 of Donald Curtiss, for 13-Lot Bassett Hollow Residential Subdivision, =
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by July 14, 2006.=
=
; &n=
bsp; RON
JONES RECUSED HIMSELF FROM THIS APPLICATION
&=
nbsp; &nbs=
p; Emily
Jones, Professional Engineer, Civil One
&=
nbsp; &nbs=
p; Ms.
Jones: I'll make it brief
because we do need to set a public hearing on this probably and there's sti=
ll a
lot left on the agenda. The o=
nly
thing I really want to do tonight is submit into the record a report I just
received from Environmental Planning Services. The revision that was made to the =
plans
to come back before the Commission was a movement of the intersection, the
beginning portion of the road. It
is proposed to be moved into an area designated as wetlands so we felt it w=
as
important to go back to the soil scientist and get a report specifically on
that area, because the report at the previous application was the general,
entire site, so I'm going to submit this into the application and if there =
are
any questions I'd be glad to answer them, otherwise we can set the public
hearing and move along.
&=
nbsp; &nbs=
p; Mr. Duplissie: We need an extension?
Ms. Jones: Okay
Mr. Undercuffler: It says here if a public hearing is=
not
held, then a decision is required by July 14th.
Mr. Rafey: Because the next meeting is July 20=
th.
Mr. Undercuffler: Right, but we said we're going to h=
ave a
hearing on it.
Mr. Rafey: The
hearing will be on July 6th.
Mr. Undercuffler: Doesn't that cover it?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 15
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Table and Schedule a Public Hearing for Appl=
ication
#557 of Donald Curtiss, for 13-Lot
Bassett Hollow Residential Subdivision,
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Mr.
Undercuffler: Land Tech recommended the first de=
sign
as being a better alternative.
&nbs=
p; Mr.
Rafey: You already Tabled this, so you sh=
ould
wait until the pubic hearing.
&nbs=
p; Ms.
Jones: I just wanted to report Land Tech's
second report.
&=
nbsp; Mr. Undercuffler: You might want to look at that.
&=
nbsp; I. &=
nbsp; Application
#558 of Gregorio Pools and Spa for installation of an in ground pool at
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by July 14, 2006.=
&=
nbsp; &nbs=
p; Jonathan DeMichael, Gregorio Pools=
&=
nbsp; &nbs=
p; Mr. DeMichael: Did you receive my draw=
ing
and everything I sent to you, Moosa?
Mr. Rafey: When?
Mr. DeMichael: =
I faxed it down yesterday, Wednesda=
y.
Mr. Rafey: No, I didn't.
Mr. DeMichael: =
I have copies.
Mr. Rafey: I
got a message that somebody was bringing it, but (inaudible).
Mr. DeMichael: =
I have multiple copies. I'll keep one. We did a walk through and basicall=
y some
recommendations were made to me as to moving the shed on the property and a=
bout
grades and back slope, and basically what we are prepared to do whatever you
need us to do in this case.
Mr. Undercuffler: What will that slope be?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 16
Mr. DeMichael: =
The slope in the back, originally w=
e were
talking about going 4 feet off the back edge of the pool and then sloping it
back to meet grade. There was=
some discussion
on the property about making that more of a 6 or 7 foot area of flat platea=
us
and a gradual grade back down to meet the wetlands.
Mr. Undercuffler: I
don’t' recall the #7.
Mr. Polletta: <=
/b> During the field trip I remember th=
at you
removed the shed on the north side of the pool but then there's no dimensio=
ns
over there. I mean how far do=
you
go from the edge of the pool to the flat area over here? Did you put an (inaudible)?
Mr. DeMichael: =
No, there's a 25 foot mark you'll s=
ee a
little bit higher up, where we're 25 feet off the property line.
Mr. Polletta: No, I'm talking about right next to=
the
pool, remember the wetlands, wherever you had originally, you were going to=
put
just a 3 foot walkway and I suggested making it a little bit bigger, but you
didn't put any dimensions over there.
The whole pool is in the way.
Mr. DeMichael: =
I'm comfortable making it whatever =
you
recommend. I Know there was s=
ome
concern over safety.
Mr. Polletta: =
No,
you said 3 and I said 5. from=
that
point I said we should have that on record (inaudible).
Mr. DeMichael: =
Okay, that's fine.
Mr. Undercuffler: So we're looking at 5 feet?
Mr. DeMichael: =
5 feet (inaudible).
Mr. Undercuffler: Between the pool and where the slop=
e is?
Mr. DeMichael: =
So it will be a flat area, 5 feet, =
and
then it will grade back out.
Mr. Undercuffler: What is the slope?
Mr. DeMichael: =
I believe you talked about the 2:1 =
slope
we talked about outside.
Mr. Rafey: I
think I suggested the 2:1 slope.
This looks like a very long slope, I don't know what would be the gr=
ade.
Mr. DeMichael: =
Honestly I more or less just drew it
in. I know w talked about mak=
ing it
a 2:1. We'll make it whatever=
you
suggest we make it.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 17
Mr. Rafey: The soil scientist recommended 4 fe=
et access
way around the pool. On the s=
ite
walk Mr. Polletta recommended 5 feet, and if you can keep 5 feet distance f=
rom
the pool for the wetlands and the have a 2:1 slope, and wherever you end th=
en
you remove the remaining of the silt.
Mr. DeMichael: =
Right, (inaudible) make it able to =
come
off the property.
Mr. Rafey: But this plan doesn't show anything=
. I recommend to the Commission, fir=
st of
all we should have a discussion on this and then we can make a decision.
Mr. Undercuffler: Well whatever we decide should be a=
final
matter. So we're talking a 5 =
foot
area around the pool and a 2:1 slope, and remove the shed and remove the di=
rt
the excess fill.
Mr. DeMichael: =
That's fine. Also you recommend, just to remind=
you,
I think it was yourself about clearing out the debris in the back. We saw a bunch of garbage back the=
re
basically.
Mr. Polletta: Yes.
I think if you show everything in the detail and bring it to Moosa's
office, that way you can have something (inaudible) outside.
Mr. DeMichael: =
Right, I wasn't really sure what you
really wanted me to do. That'=
s fine.
Mr. Undercuffler: And you can submit a final plan.
Mr. DeMichael: =
Okay.
Mr. Rafey: The soil scientist also recommended=
a
planting plan, (inaudible) remove the excess fill from the wetland area and
they're supposed to (inaudible) planting plan for the . . . .
Mr. DeMichael: =
We were supposed to plant it, I thi=
nk you
have a copy of that letter.
Mr. Rafey: I
have a copy of that, just make sure that you remember that.
Mr. DeMichael: =
Absolutely. The cover letter talks about that.=
Mr. Duplissie: Shouldn't
we have all of that in front of us before we vote on this?
Mr. Rafey: =
I have the soil scientist's report.=
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 18
Mr. Duplissie: We have a planting recommendation, =
but
it's not on the plan and there's no erosion control, there's no detail on t=
he
slope of this. Shouldn't we h=
ave
all of that? The fact that th=
is
went into the wetlands to begin with, I think at this point I think we shou=
ld
have all the ducts in order before we approve this, or if we approve to lea=
ve
this where it is. I'm not hav=
ing a
pool in the wetlands to begin with, I think it should be moved, but if we're
going to make an attempt to approve this, I'd like to have all of the detai=
ls
in front of us before we approve it.
Mr. Rafey: =
It's up to the Commission, whatever
decision you make.
Mr. Polletta: I
agree with you that if he came from the beginning, I don't think he would h=
ave
gotten a permit to put a pool in this area, however because it's already co=
ne,
it's already disturbed, we try to make it as neat as possible. I agree with you, I think we shoul=
d have
everything detailed on the map, including what kind of plants they're going=
to
put in, and how far the pool is from, the type of slope, the type of walk
around then pool, just something that we can all see. This shows us something, but there=
's no
detail at all.
Mr. DeMichael: =
I assumed from our meeting that thi=
s is
what you wanted me to do. If =
I had
known I would have done more.
Ms. Sturgis: <=
/b>This
isn't something we could review at our July 6th meeting?
Mr. Rafey: = No, those are only public hearings.= I need an extension for this one.<= o:p>
Ms. Sturgis: <=
/b>Well
we did agree when we walked it we had to find out what the other Commission
members felt.
Mr. Rafey: =
If the Commission agrees with what I
said, the 5 feet access area around the pool with a 2:1 slope and removing =
the
excess amount of fill that's there, and remove the shed from the existing
location to the proposed location, I think, and also follow the planting pl=
an
that the soil scientist submitted into the application, if you want to make=
a
decision you can with all those conditions that they have to follow.
Mr. Undercuffler: I
don't see a problem with that.
Mr. Rafey: =
My recommendation is that the Agend=
a is
very long and each month it gets longer and longer and I suggest making som=
e .
. . . .
Mr. Duplissie: But
nothing else will be done until you have all of that in front of you? Until they've met all of those?
Mr. Rafey: =
Yes.
If I don't have that information, I won't issue a permit, period.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 19
Mr. Undercuffler: Moosa,
you'll be in the office tomorrow?
Mr. Rafey: =
No, I will be back on Monday.
Mr. DeMichael: =
I'll call you and you give me the d=
etails
that you want and I'll have it in your hands.
Mr. Rafey: If I don't receive the information =
I am
not going to issue a permit period.
Mr. Duplissie: =
If you don't issue your permit, the=
n the Building
Department doesn't issue their permit?
Mr. Rafey: No, and I don't issue a zoning
permit. The applicant has agr=
eed to
those conditions o I don't have a problem.
Mr. Duplissie: You'll
meet his terms?
Mr. DeMichael: =
Absolute, I've been saying all alon=
g,
whatever you want me to of, I'll do.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Ms. Sturgis) to Approve Application #558 of Gregorio Pools and Spa for installation of an in ground pool at =
501
Northfield Road, Watertown, CT with the standard conditions and Mr. Rafey's
recommendations as discussed earlier.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
Mr. Undercuffler: Application #599, #560, #561, Water=
town
Public works for improvement of site line and road safety near the intersec=
tion
of Morehouse Road and Hamilton avenue, near the intersection of Barnes Road=
and
Bunker Hill Road, and for relocation of roadway drainage system at Hard Rock
Road in Watertown.
&=
nbsp; J. &=
nbsp; Application
#559 of Watertown Public Works Department for improvement of site line and =
road
safety near the intersection of
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by July 14, 2006.=
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 20
&=
nbsp; &nbs=
p; Chuck Berger, Town Engineer, Town =
of
&=
nbsp; &nbs=
p; Mr. Berger: I'm here tonight on beh=
alf of
Roy Cavanaugh, Director of Public works.&n=
bsp;
At the last meeting I provided a brief overview which I can provide
again this evening if you wish?
Mr. Undercuffler: No.
Mr. Berger: If you have any questions, I'd be h=
appy
to answer them.
Mr. Polletta: =
These are projects that have to be done; we have no choice.
Mr. Berger: These are safety improvements=
.
Mr. Duplissie: Let's not hold this one up.
Mr. Undercuffler: Mr. Berger is on top of these thing=
s.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. DiBona) to Approve Application #559 of Watertown Public Works Department for improvement of site line a=
nd
road safety near the intersection of Morehouse Road and Hamilton Avenues,
Watertown, CT subject to standard conditions.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; K. Application
#560 of Watertown Public Works Department for improvement of road safety ne=
ar
the intersection of
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by July 14, 2006.=
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Ms. Sturgis) to Approve Application #560 of Watertown Public Works Department for improvement of road safety
near the intersection of Barnes Road and Bunker Hill Road, Watertown, CT
subject to standard conditions.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 21
&=
nbsp; L. =
Application
#561 of Watertown Public Works Department for relocation of roadway drainage
system Hard Rock Road, Watertown, CT.
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by July 14, 2006.=
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Ms. Sturgis) to Approve Application #561 of Watertown Public Works Department for relocation of roadway
drainage system, Hard Rock Road, Watertown, CT subject to standard conditio=
ns.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
(Tape #3,=
Side
B ended.)
&=
nbsp; M. Application
#564 of Ronald Nordby for installation of storm drainage pipes within regul=
ated
area at
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by July 14, 2006.=
&=
nbsp; &nbs=
p; Mr. Undercuffler: =
I
think on this, I don't know if does much good to listen, I think we need to
look at it unless you can give us something very quickly just to kind of gi=
ve
us the frame.
&=
nbsp; &nbs=
p; Mr. Polletta: He came before us last =
month.
&=
nbsp; &nbs=
p; Mr. Rafey: I think Mr. Nordby subm=
itted
his application during the meeting last month, when I wasn't here. It was a formal application but it=
was
submitted during the meeting. If
you go to the property, to look at the situation, then you can make a decis=
ion
next month. I picked two date=
s for
a site walk, one is July 1st and the other one is July 15th. Is July 1st okay?
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to Table and Schedule a Site Walk for Application #5
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 22
6. &n=
bsp; New
Applications
&=
nbsp; A. Application
#562 of Vinie Lupacino for selective timber harvesting at
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by August 18, 200=
6.
&=
nbsp; &nbs=
p; Mr. Rafey: The applicant is not he=
re;
Table this.
&=
nbsp; &nbs=
p; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #562 of Vinie Lupacino f=
or
selective timber harvesting at 74 Old Army Road, Watertown, CT.
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; &nbs=
p; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Remove from the Table Application #562 of =
Vinie
Lupacino for selective timber harvesting at
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; Mel Harder, Licensed Forrester
&nbs=
p; Mr.
Harder: Mr. Lupacino wants to cut trees on =
his
property, (inaudible) temporary stream crossing of an intermittent stream, =
so
he asked me to prepare the application and a map, which you should have, if=
not
I have some extra copies showing the location o the property, the timber, a=
nd
the stream crossing, including the details for that crossing.
&nbs=
p; Mr.
Rafey: Timber harvesting is a permitted us=
e by
right and they have the right to harvest collectively the timber from their
property. The only regulated
activity is the crossing of a watercourse and for that you have jurisdiction
over the crossing.
&nbs=
p; Mr.
Harder: When I was out there earlier, there=
was a
slight flow in there. It's ju=
st
temporary drainage coming down the slope and you can call it an intermittent
stream or if you looked in one of the books the State puts out it's called a
ephemeral stream, just for rain or storms, but he was told that he needed to
come before the Commission o see if he needs a permit.
&nbs=
p; Mr.
Undercuffler: How wide is this area?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 23
&nbs=
p; Mr.
Harder: The stream?
&nbs=
p; Mr.
Undercuffler: How long is the bridge or a (inaudi=
ble)
are you going to have?
&nbs=
p; Mr.
Harder: The stream is about 1.5 feet high, =
2 feet
wide, and so it will be a poled fold, where you put poles right in the stre=
am
bed and drive over them, stabilize your approaches and the rules for using a
poled floor, water can't be flowing over them and you can't block the water=
, so
they use trees, like this size in diameter so when you put a few together y=
ou
have spaces between them so flow can continue on through. Then when you're done you take the=
m out
and leave it there as it was. In
this case here I would say about 1/4 of the tree he's going to harvest on t=
he
whole property with (inaudible) cross the stream so it's not a big, big dea=
l.
&nbs= p; Mr. Duplissie: How many trees are you harvesting?<= o:p>
&nbs=
p; Mr.
Harder: I don't know. I'm going mark the trees. It would be less than 10% of the t=
rees
on the property.
&nbs=
p; Mr.
Duplissie: And how much property?
&nbs=
p; Mr.
Harder: A little less than 12 acres.
&nbs=
p; Mr.
Duplissie: So you're doing selective cutting o=
f what
types of trees?
&nbs=
p; Mr.
Harder: Hardwood trees. That's what's there.
&nbs=
p; Mr.
Duplissie: Are you taking certain size, are you
drawing 6" to 12"?
&nbs=
p; Mr.
Harder: the minimum size that would be mar=
ked for
removal would be 14 inches in diameter.&nb=
sp;
It's the commercial (inaudible) and the trees are going to a saw mil=
l in
Bethel Paloski Lumber, so it's a commercial sale in that they have a saw mi=
ll
paid by these large firm.
&nbs=
p; Mr.
Duplissie: Do you have a skidder that comes
in? You'll drop them and then=
the
skidder pulls them out.
&=
nbsp; Mr. Harder: Skidder. Somebody will, not me, but in othe=
r words
it will just be an ordinary line job with a skidder on it.
&nbs=
p; Mr.
Duplissie: It’s not one of those big su=
preme
forest jobs, come in and slices it and holds it and plops it on a truck?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 24
&nbs=
p; Mr.
Harder: No, it's my understanding that the=
guy
who's doing the work for Paloski Lumber are manual fellows, chain saw and
skidder. It's kind of a small=
job
to put on a big machine anyway.
It's not going to change the character of the land or the property, =
but
there is a stream crossing.
&=
nbsp; Mr. Duplissie: The stream crossing works fine.
&nbs=
p; Mr.
Harder: And if they do it in the Summer or=
Fall,
chances are they'll be no or little flow.
&nbs=
p; Mr.
Undercuffler: Do you supervise this, or do you j=
ust
draw up the plan?
&nbs=
p; Mr.
Harder: Well I draw up the plan, I normall=
y, in
this case I'm actually working for the mill that's buying the timber, but t=
he
applicant is the landowner, and the landowner told the Mill to pay for it, =
so I
will oversee the work for the saw mill.&nb=
sp;
I conduct a lot of orientation where I meet with whoever is going to=
cut
the trees down, I show him the property, show him the stream crossing, give=
him
a copy of then permit and make sure they understand what has to be done and=
I
don't supervise them directly because they don't work for me, but I oversee=
it
and I oversee the work and report to Richard Paloski of Paloski lumber and =
to
the landowner.
&=
nbsp; Mr. Rafey: The only suggestion I make is that=
the
timing is important, that this is done during the dry season. Some erosion control on both sides=
of
the crossing, some wood chips . . . .
&nbs=
p; Mr.
Harder: Well they'll stabilize=
it
with brush.
&nbs=
p; Mr.
Rafey: Something to cover the soil.
&nbs=
p; Mr.
Harder: Similar to corduroy, w=
hich
would be small diameter pieces of wood laying right up against each other,
that's more if you're going to be using to require a period of time, usually
they'll take tops from some of the trees and just brush the approaches to t=
he
crossing so they're not making ruts or not in mud.
&=
nbsp; Mr. Rafey: And you should stabilize it, after=
we
remove it at the end of the project it would stabilize all of the disturbed
areas.
&nbs=
p; Mr.
Harder: Actually the brush would stay righ=
t in
place. You pull the poles out=
of
the crossing but your approaches that are brushed in you would leave. Cause if you pulled all the brush =
out,
then you'd have disturbed soil.
You're right, if it needs it then they would stabilize it with hay b=
ales,
something like that.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 25
&nbs=
p; Mr.
Duplissie: And
if we (inaudible) this, this is not going to be done next April during the =
rain
season, this would be done sometime soon.
&nbs=
p; Mr.
Harder: If you want to add on a condition =
that
it be done . . . . . to do it in Spring or so probably not. If you issue a permit, how long ar=
e they
good for?
&nbs=
p; Mr.
Rafey: They are good for 5 ye=
ars.
&nbs=
p; Mr.
Harder: They will want to do it this Summe=
r, but
if they don't do it this Summer for some reason, they would have to wait for
suitable ground conditions.
&nbs=
p; Mr.
Duplissie: Okay, so that is subject to standa=
rd
conditions.
&nbs=
p; Mr.
Rafey: Due to the statutory t=
ime
requirement you cannot make a decision tonight, they have to Table it and m=
ake
a decision at the Jul 20th meeting.
&nbs=
p; Mr.
Harder: Do I have to appear at that meetin=
g?
&nbs=
p; Mr.
Undercuffler: I don't see why.
&nbs=
p; Mr.
Rafey: Can the property owner be here?
&nbs=
p; Mr.
Harder: I can come down again.
&=
nbsp; Mr. Duplissie: I don't know that you have to =
be
here.
&=
nbsp; Mr. Rafey: Sometimes this Commission might ha=
ve a
new question that I don't have the answer for.
&nbs=
p; Mr.
Harder: Just call me and I can
provide whatever information you need.&nbs=
p;
I can meet you on the site again too.
&nbs=
p; Mr.
Rafey: If you don't mind, be here. It's in your best interests to be
here. I will send you a copy =
of the
agenda for July 20th.
&=
nbsp; &nbs=
p; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #562 of Vinie Lupacino f=
or
selective timber harvesting at 74 Old Army Road, Watertown, CT.
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 26
B. =
;
Ap=
plication
#563 Golden Acres, LLC for construction of 11 lot Golden Acres Subdivision,=
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by August 18, 200=
6,
unless applicant grants an extension of time.
=
; &n=
bsp; Mr.
Undercuffler: Here again we're probably going to
schedule a site walk.
&=
nbsp; &nbs=
p; Emily
Jones, Professional Engineer, Civil One
=
; &n=
bsp; Ms.
Jones: The site is located on the west si=
de of
The most important thing for you, the only access into this property =
is
form
=
; &n=
bsp; Mr.
Undercuffler: So that's the only wetlands impact?
=
; &n=
bsp; Ms.
Jones: Yes, is the crossing for the road,=
which
again we would have avoided if possible, but it covers pretty much this ent=
ire
section of property and there's no other way to access this whole piece back here, it's tougher to come ac=
ross
there, so our goal is basically just to do the best we can.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 27
=
; &n=
bsp; Mr.
Undercuffler: Where does the road stem, the bott=
om of
the map, that goes down to . . . .
=
; &n=
bsp; Ms.
Jones: It goes down to Hollow Road, but t=
he
Planning Commission, there is no way they're going to accept a cul de sac t=
his
long, it will be well over 2,000 feet which I think is their limit anyway, =
and
it would require a special permit. <=
/span>We
went to them at a preliminary discussion and they definitely were pretty
adamant about if we were going to propose anything on this piece, that it
should connect these 2 pieces in keeping with the plan f development in Tow=
n.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Table and Schedule a Site Walk for Applicati=
on
#563 Golden Acres, LLC for constr=
uction
of 11 lot Golden Acres Subdivision,
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
C. =
;
Ap=
plication
#565 of Edwin Dolton for construction of a new single family dwelling at
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by August 18, 200=
6,
unless applicant grants an extension of time.
&=
nbsp; &nbs=
p; Gary
Giordano, Professional Engineer and Land Surveyor
&=
nbsp; &nbs=
p; Mr.
Giordano: I believe you h=
ave
the maps in front of you. As =
you
can see we're looking at proposed A2 family dwelling on 15 non-conforming l=
ots
and we're going to be just outside the regulated area with our home
construction. We are going to=
have
some grading and a driveway going through the buffer area. We have a septic system that (inau=
dible)
our footing drains will be discharging into the buffer area.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: How much im=
pact
is there?
&=
nbsp; &=
nbsp; Mr.
Giordano: I believe it's =
on the
application, I don't have the numbers with me.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: 5600 square=
feet
I believe, 310 cubic yards of fill
&=
nbsp; &=
nbsp; Mr.
Giordano: Correct.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: And you sai=
d the
alternative is more easterly, but you said that creates a hazard for the
driveway conditions.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 28
&=
nbsp; &=
nbsp; Mr.
Giordano: That's correct.=
If you see where there is an exist=
ing
driveway apron there now. Whe=
n you
come over a very steep hump that's there now, there's a very dangerous
situation with a site line there.
My client one time almost got clipped, so that's why we're proposing=
the
driveway in more of a westerly direction.&=
nbsp;
We'll take all the distance we can get on this site.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Sounds like=
we
better take a look at this one too.
&=
nbsp; &=
nbsp; Mr.
Duplissie: The house is r=
ight
up against the wetlands buffer, right?
&=
nbsp; &=
nbsp; Mr.
Giordano: That's correct.=
When we're digging for the footing,
that's why we're here, we know we'll be touching that area.
&=
nbsp; &nbs=
p; Mr.
Duplissie: I'm assuming t=
hat's
the garage?
&=
nbsp; &=
nbsp; Mr.
Giordano: Yes, it is. It's a very small garage, only 18 =
feet
deep.
&=
nbsp; &nbs=
p; Mr.
Duplissie: And when you s=
aid
moving the house, I'm looking on this map here . . . . .
&=
nbsp; &=
nbsp; Mr.
Giordano: No, we're talki=
ng
about keeping the house in the same location and putting the driveway though
where it says proposed well and going straight ahead that way, but right th=
ere
where we see the beginning of (inaudible) very bad sight conditions, big hu=
mp
in the road.
&=
nbsp; &nbs=
p; Mr.
Polletta: Was this an exi=
sting
lot, that's the reason you call it non-conforming?
&=
nbsp; &=
nbsp; Mr.
Giordano: Yes, it's an ex=
isting
lot. There was a little old c=
abin
or existing house that was on there that was taken down.
&=
nbsp; &nbs=
p; Mr.
Polletta: (Inaudible.)
&=
nbsp; &=
nbsp; Mr.
Duplissie: And you have t=
o put
a septic system on this, right?
&=
nbsp; &=
nbsp; Mr.
Giordano: That's correct.=
We're trying to put the new septic
system as far away from the wetlands as possible, that's why it's up on the
southerly part of the lot.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: You aren't =
going
to have a back yard here at all, are you?
&=
nbsp; &=
nbsp; Mr.
Giordano: Well the back y=
ard
will be over the septic system.
He's going to have over, let's see there's 115 feet of back yard.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 29
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Approve and Schedule a Site Walk for Appli=
cation
#565 of Edwin Dolton for construc=
tion
of a new single family dwelling at
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
D. =
;
Ap=
plication
#566 of The Bailie Company for construction of a new commercial building Fo=
od
Distribution Facility on a parcel aka drive-in movie theater located on Fro=
st
Bridge Road, Watertown, CT.
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by August 18, 200=
6,
unless applicant grants an extension of time.
&=
nbsp; &nbs=
p; John
Harriman, Engineer, Nafis Engineers
&=
nbsp; &nbs=
p; Mr.
Harriman: The application
before you is for a commercial wholesale food distribution facility. The property is the former
&= nbsp; &nbs= p; Our proposed use is a 101,200 square foot building. It is a truck facility with 12 loa= ding docks and parking for 20 cars. We proposed removing the existing pavement which is this green area here and t= he pavement and coverage that we will be leaving is all inside this gray area,= so we're reducing the coverage now which is 41% which ties into an existing ca= tch basin (inaudible) and reducing that to a total coverage of only 25%. There is a set of existing catch b= asins right now in a row, all drainage goes to these catch basin and out to an outflow here in the river. As= part of this development, we'll be removing these catch basins. We do not propose removing the out= fall, we propose, I've discussed this with he engineer, taking down to pipe and plugging in and leaving it in place. The reason for this is that on this bank of the river there's a large berm with mature trees growing on it and we think that the amount of work t= o be done there just isn't worth it so it would be better to leave it in place.<= o:p>
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 30
&=
nbsp; &nbs=
p; The
Town has asked us to add a riverfront Greenway trail which is shown here.
&=
nbsp; &nbs=
p; The
wetlands are delineated as such along the edge of the riverbank on the parc=
el
and also along this intermittent watercourse which basically drains across =
the
highway, under the highway, under the railroad, down to the
&=
nbsp; &nbs=
p; I
anticipate that you guys are probably going to want to take a look at this.=
&=
nbsp; &nbs=
p; Mr.
Undercuffler: I would thi=
nk so.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Isn't that pro=
perty within
the flood plain?
&=
nbsp; &nbs=
p; Mr.
Harriman: It is, the only=
place
where we are going to have an issue with that is down here at the outlet.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: But the res=
t of
that . . . .
&=
nbsp; &=
nbsp; Mr.
Harriman: It's all (inaud=
ible)
100 year flood. There's also a
State stream channel encroachment line which is this dash line here. You can see the funny cut in our t=
ruck
parking area here. We did our=
very
best to try and stay out of the stream channel encroachment lines just to
minimize our applications to the State, and we didn't really need to
(inaudible) so we kept (inaudible) and we will have to go before them for s=
torm
water discharge and probably also the riverfront greenway too.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 31
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Approve and Schedule a Site Walk for Appli=
cation
#566 of The Bailie Company for
construction of a new commercial building Food Distribution Facility on a
parcel aka drive-in movie theater located on
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
=
; Mr.
Rafey: Mr. Chairman, you can pass on this =
next
application and go through the 3 applications then put that at the end and I
will present that to you. You=
can
make a motion to change the order of the Agenda and make this item 7D.
MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Move Item 6E to 7D.
Discussion: None<= o:p>
MOTION
PASSED UNANIMOUSLY
E. =
;
Ap=
plication
#567 of Zohra and Moosa Rafey for construction of a common driveway to Lot =
16
and Lot 20, Highmeadow Road, Watertown, CT.
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by August 18, 200=
6,
unless applicant grants an extension of time.
&=
nbsp; &nbs=
p; This
Application was moved to Item 7D.
7. &n=
bsp; Old
Business
&=
nbsp; A. Application
for modification of Permit #533 issued to Concetta Guerrera for constructio=
n of
a new single-family dwelling on Lot #3 Stonybrook Lane, Watertown, CT.
&=
nbsp; &nbs=
p; George
Moed, Attorney
&=
nbsp; &nbs=
p; Atty.
Moed: I believe everybody
received a letter from the Torrington Health District (inaudible). As you recall my client has been c=
oming
back and forth to this Board for about 2 years. Last November this Board approved =
a plan
to fill in part of the wetlands which was required for a back yard. Since then the Torrington Health
District has requested a further modification which brought up back here in
May.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 32
Bob Smith from the Torrington Area Health District was here last time=
and
explained to the Board the situation that the soil that might have been the=
re
at some point in time when the lot was approved, but wasn't there when my
client started building the property which made it an impossibility for the
septic system to be placed where the initial approvals called for. This Board requested additional pl=
an
with regards to two possibilities of placing the septic system on the back =
area
of the lot with the reserve either being placed either on the back yard of =
the
lot or as you're looking at the house to the right of the house. As you can tell from the document =
that's
being passed out, the Torrington Area Health District is recommending the
alternate #1 which is this drawing here, which alls for the septic system t=
o be
on the back of the lot with the reserve to be just in front of it. And the reason they're recommendin=
g that
is if it was to be done the other way, putting the reserve to the right sid=
e of
the house, that's where the soil is missing, that would re4quire 4 feet of =
soil
to be brought in to cover that entire area of ledge, which would be extreme=
ly
expensive so it's my request on behalf of the applicant, based on the
Torrington Area Health District's request that this board approve the plan
placing the septic system on the back side of the lot, placing the reserve =
just
in front of it, both alternatives calls for an additional 55 feet of pipe a=
nd
an additional filling of the wetland area of about 750 square feet, either
plan, so I would request that this Board approve the Torrington Health
District's recommendation.
&=
nbsp; &nbs=
p; Also
I'm sure this Board is aware, when we were here in November, we had talked
about the Torrington Area Health District's recommendation of placing the
septic system on the back area of the lot, for the specific reason that was=
the
best soil for the septic system.
This Board in rendering their decision chose not to follow that
recommendation, that this Board follow the recommendation of the Torrington
Area Health District, we wouldn't have been here in May or been here now, t=
his
house would probably already have been built. Now the board did allow my client =
some
leeway to put in the foundation, and only the foundation, which is in. We could start building this house
tomorrow, we just need this Board's approval.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Could you j=
ust
describe where this piping is?
&=
nbsp; &nbs=
p; Atty.
Moed: The current piping =
that
the Board approved is right here.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Where's the
house?
&=
nbsp; &nbs=
p; Atty.
Moed: The house is right =
here. You can see in the shaded are wher=
e the house
is. Now the additional piping=
is
right here. Now that addition=
al
piping is the same for either plan, that is putting the reserve where the
Torrington Health District recommends or putting the reserve in the front
here. The only difference in =
either
one of these plans, is the fact that if you choose not to follow the Torrin=
gton
Area Health District's recommendation, it's going to cost my client a
substantial sum of money to bring in the fill required to put the reserve
there.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 33
&=
nbsp; &nbs=
p; Mr.
Polletta: The main is goi=
ng to
be located where?
&=
nbsp; &nbs=
p; Atty.
Moed: The main is going t=
o be
here in both of them.
&=
nbsp; &nbs=
p; Mr.
Polletta: And where is the
reserve?
&=
nbsp; &nbs=
p; Atty.
Moed: The reserve accordi=
ng to the
Torrington Area Health District's recommendation is right here.
&=
nbsp; &nbs=
p; Mr.
Polletta: So there's goin=
g to
be one on the front, one on the back.
&=
nbsp; &nbs=
p; Atty.
Moed: But as you recall, =
when
Bob Smith was here last time, as long as when this goes in, this soil is fi=
ne,
this never becomes an issue.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Regardless of
whether or not you need the reserve, whether it becomes an issue or not, yo=
u're
still asking for another 55 feet of pipe.
&=
nbsp; &nbs=
p; Atty.
Moed: I'm asking for anot=
her 55
feet no matter what happens.
&=
nbsp; &nbs=
p; Mr.
Duplissie: So now we're g=
oing to
be up to 110 feet of pipe, we're back to the original application of filling
in, putting in 110 feet of pipe.
&=
nbsp; &nbs=
p; Atty.
Moed: But just so the Boa=
rd is
clear, the only reason we're here is because the Torrington Area Health
District informed us that this modification is necessary because you cannot=
put
the septic system where it was originally approved.
&=
nbsp; &nbs=
p; Mr.
Duplissie: That's not Bob=
's
fault, the problem lies with the fact that that should never have been a lo=
t to
begin with, but now we're stuck with the problem and the guy can't build his
house, so we don't have a choice.
If that's the only place they can put the septic system in . . . .
&=
nbsp; &nbs=
p; Mr.
Undercuffler: The thinkin=
g is
that the soil was there originally was probably . . . . and somebody carted=
it
off.
&=
nbsp; &nbs=
p; Mr.
Duplissie: The developer =
took
the soil.
&=
nbsp; &nbs=
p; Atty.
Moed: I believe that was =
an
issue when he was putting in, I don't know, my understanding from Bob Smith=
's
testimony last time was there was issues with this developer when he was
putting in the road.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Okay, so wh=
ere
would the filling of the wetlands, additional filling take place?
&=
nbsp; &nbs=
p; Atty.
Moed: Right here.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 34
&=
nbsp; &nbs=
p; Mr.
Undercuffler: That hasn't=
been
filled at this point?
&=
nbsp; &nbs=
p; Atty.
Moed: No, it as not been
filled.
&=
nbsp; &nbs=
p; Mr.
Duplissie: The first 55 f=
eet of
pipe is in.
&=
nbsp; &nbs=
p; Mr.
Rafey: The original appli=
cation
that was approved by this Commission, they followed the permit that I issue=
d,
that part of the pipe is in and everything is done accordingly.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Could you j=
ust
point out where that is?
&=
nbsp; &nbs=
p; Atty.
Moed: Right here.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Now what do=
es the
other do, the other 50 feet?
&=
nbsp; &nbs=
p; Atty.
Moed: It allows you to pu=
t the
septic system in here with regards to the setbacks, cause without this being
filled in, you can't put this here.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: You can't g=
et the
drainage?
&=
nbsp; &nbs=
p; Mr.
Duplissie: They can't
stagger. Instead of doing lin=
eal on
the first system, they can't do half and half so that you, you can't put it=
on
. . . .
&=
nbsp; &nbs=
p; Atty.
Moed: This is the well for
Concetta Guerrera's property that she currently, where the house is, that s=
he
currently resides in. Here is=
where
the well is.
&=
nbsp; &nbs=
p; Mr.
Duplissie: You're saying =
in
order to put the reserve on this side, you have to put 4 feet of ill in?
&=
nbsp; &nbs=
p; Atty.
Moed: That's correct. Neither plan . . . . .
&=
nbsp; &nbs=
p; Mr.
Duplissie: Let me just fo=
llow through. So in order to put the reserve on =
this
side you have to put 4 feet of fill?
&=
nbsp; &nbs=
p; Atty.
Moed: That's correct.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Now we've just
filled in all of this area, so couldn't we take this, instead of making thi=
s,
let's say this was 100 feet long, couldn't we take this and break this and =
put
50 feet and 50 feet and put the reserve in the front since this is all fill
anyway and that's what you would have to do to put the reserve here?
&=
nbsp; &nbs=
p; Atty.
Moed: I have to be honest=
with
you . . . .
&=
nbsp; &nbs=
p; Mr.
Duplissie: You can't do o=
ne,
two, and then three?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 35
&=
nbsp; &nbs=
p; Atty.
Moed: That was the reques=
t that
was made to this Commission last time we were here, you had questioned Bob
about that, Bob spoke with D'Amico Associates and I'm guessing since they h=
ave
these plans, they can't put it there.
&=
nbsp; &nbs=
p; Mr.
Polletta: They didn't wan=
t to
put it too close to the lot because they were worried about leakage, so they
took the best ground and I guess (inaudible). It seems to me when they take all =
this
fill out, it looks like they didn't have a choice. I mean he's the expert, he knows .=
. . .
.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Which is why w=
e have
that (inaudible) condition now.
There is no removal without prior consent.
&=
nbsp; &nbs=
p; Mr.
Polletta: If we don't hav=
e a
choice, we don't have a choice.
&=
nbsp; &nbs=
p; Mr.
Duplissie: The guy has a =
lot
and he's paying taxes on it and he can't put his house on it because there'=
s no
place to put the septic system in the back (inaudible).
&=
nbsp; &nbs=
p; Mr.
Polletta: (Inaudible) are=
a over
here whatever this exit out over here, are you going to have plantings?
&=
nbsp; &nbs=
p; Atty.
Moed: I believe that's al=
ready
been presented and approved.
&=
nbsp; &nbs=
p; Mr.
Rafey: Mr. Chairman, I ma=
de
that 4 or 5 trips to this lot and I went with Bob Smith twice to look at th=
is,
really we are looking for the septic system on this lot. The entire area in the front of th=
is lot
is disturbed. All the topsoil=
ha
been removed and there's no way you can put a septic system there. And if you allow the applicant to =
put a
septic system on this proposed location, I prefer to have that section of t=
he
watercourse piped to protect the wetlands down below, so if there is any
leaching it doesn't go into the watercourse behind the pipe. This is a situation where there is=
no
other alternative. I don't kn=
ow
what we can do with this. If =
you
deny it they cannot build the house.
It's an existing lot they have a right to use their property.
&=
nbsp; &nbs=
p; Mr.
Polletta: Is the foundati=
on up
already?
&=
nbsp; &nbs=
p; Mr.
Duplissie: The foundation=
is
up.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Are these n=
ew
plantings you're putting in down here?
&=
nbsp; &nbs=
p; Atty.
Moed: Here? I have no idea.
&=
nbsp; &nbs=
p; Mr.
Rafey: Yes, that is a pla=
nting
plan that they have to follow. I
have that in the record and I'll make sure that they follow the plan. They are doing plantings.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 36
&=
nbsp; &nbs=
p; Mr.
Duplissie: I say we let t=
hem
finish the (inaudible) at this point, the poor man has done enough.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Approve Application for modification of Permit #533 issued to Concetta Guerre=
ra
for construction of a new single-family dwelling on Lot #3 Stonybrook Lane,
Watertown, CT to put in another 55 feet of pipe and fill subject to standar=
d conditions
and the planting details that we had prior and the reserve follow Proposal =
#1
per the Torrington Area Health District.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; B. =
Application
to amend the CCIWA Permit #517 issued to the City of Waterbury for Waterbur=
y 36
inch Transmission Main Brook Crossing near Thomaston Road, Watertown, CT.
&=
nbsp; &nbs=
p; Donald
Smith, Representing the City of
&=
nbsp; &nbs=
p; Mr.
Smith: They have a water
transmission main coming down from their water treatment plant that crosses=
a
small brook across Route 6 from
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Moosa, you =
had
some points on that.
&=
nbsp; &nbs=
p; Mr.
Rafey: I have no objectio=
ns to
this, it's a temporary, within a few days they would use it and them remove
it. Actually in some cases th=
is is
better than pumping the water from one watercourse to another because most =
of
the time the (inaudible) is undersized or oversized. If it is oversized the pump sucks =
all
the dirt and everything with the water and discharges into the brook. If it is undersized sometimes the
standing water on one side gets really dirty and then you end up discharging
all of the dirty water into that watercourse. By doing this they will just redir=
ect
the watercourse from one location to another during the construction period=
and
as soon as the project s done they'll remove everything and put everything
back.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 37
&=
nbsp; &nbs=
p; Mr.
Smith: Yes, we will fill =
it
back in and (inaudible).
&=
nbsp; &nbs=
p; Mr.
Rafey: Will you use plast=
ic for
the . . . .
&=
nbsp; &nbs=
p; Mr.
Smith: Yea we will line t=
his
little ditch with plastic to prevent any erosion.
&=
nbsp; &nbs=
p; Mr.
Rafey: I have no objectio=
ns.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Chuck, do y=
ou
have any comments on this?
&=
nbsp; &nbs=
p; Mr.
Berger: I haven't taken a
detailed look at it. It appea=
rs to
be fine. I might suggest mayb=
e they
can submit a sequence of construction for our concurrence as to how they're
going to build this. I guess I'd rather see it back flooded than to let the
water rush through the first time.
We did something similar to this on Fox Crossings and we could work =
with
them to come up with a good sequence of construction, but I have no problem=
s.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Ms. Sturgis) to approve amendment
of the CCIWA Permit #517 issued to the City of
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; C. Application
to amend the CCIWA Permit #554 issued to Dorothy Fairchild for construction=
of
single family dwelling on
&=
nbsp; &nbs=
p; Dorothy
Fairchild,
&=
nbsp; &nbs=
p; Ms.
Fairchild: As you know I'm
asking to amend the permit that was issued. I was unhappy with the permit, wit=
h the
decision o the Board of my application #550, and this was made in April.
&=
nbsp; &nbs=
p; Mr.
Rafey: They have it.
&=
nbsp; &nbs=
p; Ms.
Fairchild: I don't have t=
o read
it, the main thing is the wetland area that was deemed to be wetlands was
miniscule and the (inaudible) were being encroached on us. And so I applied and there was a s=
ection
where there was a change I could show the Board, I hired Soil Resource cons=
ultants
to investigate the site and he's here tonight to speak on my behalf, David
Lord.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 38
&=
nbsp; &nbs=
p; Mr.
Duplissie: What were the
measures you were unhappy about, you have to refresh our memory?
&=
nbsp; &nbs=
p; Ms.
Fairchild: It's right
there. Construction of single
family dwelling to be located 40 feet from the edge of an inland/wetland,
installation of erosion and sediment control measures within upland review
area, and it's been determined that there is no wetlands on my property by =
Mr.
David Lord.
&=
nbsp; &nbs=
p; Mr.
Rafey: If you remember you
approved this application with a condition that the house has to be a minim=
um
of 40 feet from the edge of s mall piece of wetlands, a 7 x 10 area, that t=
he
soil scientist said was wetlands there, but what happened, I should (inaudi=
ble)
questioning where the wetlands is, because there was just a hole there, and=
Ms.
Fairchild was not happy with the outcome of the application and they hired =
Mr. Lord
to go there and check the soil again to see if it was really wetlands or
not. I think Mr. Lord will ex=
plain
what happened at that point.
&=
nbsp; &nbs=
p; David
Lord, Soil Scientist
=
; &n=
bsp; Mr.
Lord: I believe you have copies of the r=
eport
I prepared dated May 25, 2006. It
was generated based on a site investigation which was done on May 11, 2006.=
I looked at the entire property,
basically focusing on that 7 x 10 foot digressional area that is in the sou=
th
side of the property. I did a
number of borings throughout that area, abou5 15 on the entire site and abo=
ut 5
in the area of the digressional pocket. I did not find what I feel are inla=
nd/wetland
soils there. The soils are
relatively disturbed and it looks like it was a hole that was partially
filled. I found that there wa=
s some
subsoil material which is by nature gray in color but I went down with abou=
t 4
feet with my auger, it was very easy digging, and I did not find any eviden=
ce
of a water table or what would be classified as an inland wetland area. I brought some sample if you'd lik=
e to
see the soil from that area, but it's my opinion that that area is not and
should not be classified as a wetland area.
&=
nbsp; &nbs=
p; Mr.
Polletta: Why was it orig=
inally
classified as wetlands and who did the test?
&=
nbsp; &nbs=
p; Mr.
Rafey: I called Ms. Rabin=
owitz,
the soil scientist that originally delineated the wetlands on this property=
and
explained to here that I received another report with your findings. She ki=
nd
of agreed with Mr. Lord's findings and she wrote a memo which you have. Sometimes . . . . . I don't know.<=
span
style=3D'mso-spacerun:yes'> If you want to read it in the reco=
rd,
that would be good. (Tape #4,=
Side
B ended - may have missed some.)
&=
nbsp; &nbs=
p; Mr.
Undercuffler, Vice Chairman, read aloud the following letter for the record=
:
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 39
&=
nbsp; &nbs=
p; "Ms.
Cynthia Rabinowitz
&=
nbsp; &nbs=
p; ConnSoil,
LLC
&=
nbsp; &nbs=
p;
&=
nbsp; &nbs=
p;
&=
nbsp; &nbs=
p; Mr.
Moosa Rafey
&=
nbsp; &nbs=
p; Land
Use Coordinator
&=
nbsp; &nbs=
p; Town
of
&=
nbsp; &nbs=
p; Re:
&=
nbsp; &nbs=
p; &=
nbsp;
&=
nbsp; &nbs=
p; June
8, 2006
&=
nbsp; &nbs=
p; Regarding
the above referenced parcel in
&=
nbsp; &nbs=
p; Cynthia
M. Rabinowitz"
&=
nbsp; &nbs=
p; Mr.
Rafey: If that is the cas=
e, if
there are no wetlands on this property, there is no permit required from th=
is
Commission to be issued for the house.&nbs=
p;
She doesn't need approval.
&=
nbsp; &nbs=
p; Mr.
Duplissie: She doesn't ne=
ed our
approval. And there was a $10=
0 fee?
&=
nbsp; &nbs=
p; Mr.
Polletta: May I suggest t=
hat
the neighbor gets a copy of this letter so that he knows that there are no
wetlands. Remember there was
someone, a neighbor who was complaining.
&=
nbsp; &nbs=
p; Mr.
Rafey: I'll make sure he =
gets a
copy of this letter. The appl=
icant
is also requesting the $100 application fee be waived because there are no
wetlands issues so I suggest the Commission waives that fee.
&=
nbsp; &nbs=
p; Mr.
Duplissie: I agree.
&=
nbsp; &nbs=
p; Mr.
Lord: I don't think I've =
run
into this particular situation where there was a small wetland on a piece of
property and then there was not. I'm
not sure with the existing wetland approval if anything needs to be officia=
lly
done to change that exiting . . . .
&=
nbsp; &nbs=
p; Mr.
Duplissie: Well it's a we=
tland
approval. But there are no wetlands, so she's not subject to the standard c=
onditions.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 40
&=
nbsp; &nbs=
p; Mr.
Rafey: I sent a letter of
approval to Ms. Fairchild, but I didn't issue a permit, I was holding the
permit until this occasion, they don't have a permit, so just a letter from=
me,
just write a letter saying that it was determined by the soil scientist and
both sides agrees there are no wetlands on the property, therefore, you don=
't
need a wetlands approval.
&=
nbsp; &nbs=
p; Ms.
Fairchild: Now will that =
be
removed from the (inaudible)?
&=
nbsp; &nbs=
p; Mr.
Rafey: Yes, you can submi=
t a
new . . . . .
&=
nbsp; &nbs=
p; Mr.
Fairchild: It won't be on=
the
deed?
&=
nbsp; &nbs=
p; Mr.
Rafey: No, you should sub=
mit a
revised plan and remove that wetlands fro the plan and I'll make sure that
becomes a part of the record.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) that we agree with Mr. Lord's finding that there
are no wetlands on this site and there is no need for a wetlands permit for=
Dorothy Fairchild for construction of s=
ingle
family dwelling on Lot 6B Winthrop Street, Oakville, CT.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
D =
Application
#567 of Zohra and Moosa Rafey for construction of a common driveway to Lot =
16
and Lot 20, Highmeadow Road, Watertown, CT.
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by August 18, 200=
6,
unless applicant grants an extension of time.
Mr. Rafey: I want to explain one issue that th=
ere is
no conflict of interest for me being here in front of you, since I am not a
member of this Commission and I'm not voting on any applications. There is a
Town Attorney's opinion that is just a regular taxpayer or citizen that they
can come in front of any land use commission. Since I am not a member of this bo=
ard of
any land use board, I don't have any problem coming in front of you and
submitting my application as an applicant.=
I also want to mention for the record that I'm not charging the Town=
of
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 41
I
just want to show you this map, I don't know if you are familiar with this
area. I gave you a location m=
ap
with the application, if you want to look at that to get a feel for where t=
his
property is located. It is a =
small
map like this. This double li=
ne is
the tank area on this large map.
That's the 60 foot right of way off of
The
only wetland activity on this application is that I want to put a common
driveway through that pink area to access these 2 lots. There are no wetlands on the 50 fo=
ot
right of way, the pink area. =
The
only wetland area that we recently discovered is on one of the neighbor's
property, Mr. Salamone, who spoke during public participation, and the prop=
osed
driveway that we are asking for is about 25 to 30 feet from the edge of that
wetlands. The only regulated activity that we are proposing is within the 50
foot setback area, or 50 foot upland review area. I did a rough estimate and I was
conservative to make sure that I covered everything, and there is about 1800
square feet of upland review area which is 30 feet away from the edge of the
wetlands. This is the only wa=
y you
can get to
On the soil report I will ask Mr. Lord when it comes for that time to explain = what kind of wetlands are there, but the entire area we are proposing for this driveway has already been disturbed. CL&P has an easement here for their power lines, and every 3 or 5 years they come and cut all of the vegetation. Naturally they did recently doing = till of the vegetation of this year they removed all of the vegetation from that area and when they built this subdivision all of the topsoil from his area = was removed, actually there are no real wetlands there, but I leave that to the profession al, Mr. Lord to explain to you.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 42
Actually
(inaudible) because it's too late for everybody, so I respectfully request =
you
to please schedule a field trip and see the site. There was a question raised during
public participation and I want to answer it. The question was that if I don't o=
wn
this property, now can I submit an application. Nobody owns a right of way, it's a
public right of way. Everybod=
y who
abuts this property on this area they are entitled to use the public right =
of
way. Thus application is in f=
ront
of the Planning and Zoning Commission and also in front of the Zoning
Enforcement Officer for a zoning permit. The other question raised by Mr.
Salamone, is it common for an applicant to come to this Board before gettin=
g a
permit from the Planning and Zoning Commission or from the Town of
&= nbsp; Mr. Duplissie: Can you move that map closer; I can= 't see it at all.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 43
Mr. Rafey: Let me show you the other map on the other side and I will bring it to you.&nbs= p; I'm sorry. This is the= 50 foot right of way I was talking about and this is lot #16. This is 3.56 acres of land; there = is no wetlands on the entire property and we are proposing a common driveway thro= ugh the 50 foot right of way and then one driveway to this house and the second driveway to this house on this lot. There is one small piece of wetlands on the CL&P property. All the time this Commission can s= ee that applicants are always providing information about their own property, = if there are wetlands or not, you never ask an applicant to go and flag the we= tlands on somebody else's property. = In this case I took extra steps to make sure I'm covered, I don't want anybody= to raise any questions. I sent M= r. Lord to the site again and there are like 3 reports in the packet because I noticed that there was a piece of wetlands here. I am also a Soil Scientist in the = State of Connecticut but I don't practice because I work for the Town of Watertown and I didn't want to do anything on this, especially on this application, b= ut I did notice that there was a piece of wet area, I called Mr. Lord and told h= im I found something outside of my property and asked him to go and check it to = make sure it wasn't on my property. He went there and he flagged the wetlands on CL&P property and the driveway for this house was outside of the 50 foot regulated area. The only activity there is a piece= of wetlands on another map that I gave you with the packet, it shows on Mr. Salamone's property, and I am 30 or 25.7 feet away from the edge of that wetlands. If you have any questions regardin= g this map ask me, and if you want Mr. Lord to . . . .
Mr. Polletta: You've got 2 driveways, 2 houses, b= ut the first lot you're using the driveway for the second house?
Mr. Rafey: No, this will be a common driveway = up to here, and then from here there will be two branches, one goes to this lot a= nd one goes to that lot.
&= nbsp; Mr. Polletta: Show me where the first lot is?
&= nbsp; Mr. Rafey: This is the first lot.
Mr. Polletta: So you're going with the driveway t= hrough the first lot to get to the second lot?
&= nbsp; Mr. Rafey: Yes.
&= nbsp; Mr. Polletta: So you've got to give him easements= ?
&= nbsp; Mr. Rafey: Yes, that's common.
&= nbsp; Mr. Polletta: No, I just didn't understand.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 44
Mr. Duplissie: When you say
Mr. Rafey:
Mr. Duplissie: And that's common, that you put a s=
hared
driveway over a 50 foot right of way?
I know that's not for us, but . . . .
Mr. Rafey: This is something for the Planning = and Zoning Commission; they will make the decision on that. What is in front of you is just a = simple wetland application, there is some activity within 50 feet of the upland re= view area.
&= nbsp; Mr. Polletta: I'd like to hear what kind of wetla= nds they are.
&=
nbsp; David Lord, Professional Soil Scie=
ntist
& Environmental Consultant
Mr. Lord: I believe what you have in the
application package is the number of reports which cover the property and
adjacent properties dating back to my first on site investigation which was
done on February 7, 2002 at which time I determined that there were no wetl=
ands
on
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 45
Soils on the site, 50 foot access way has been actually constructed over the orig= inal material. This area is all di= sturbed soils. There are no natural s= oils within the 50 foot easement area. It gets to be a little bit more nature, but still some disturbance because there is an existing earthen roadway through here so there is still some disturbance but there is also a transition from an extensively disturb= ed and filled graded condition. = At this point it goes back to a closer to natural soil condition. The soils on the actual properties, again are listed in the February 12, 2002 reports are primarily in the chal= lus and hollis character. Those a= re free draining gravelly fine sand you own soils. They are glacial tills and do not = have a restrictive hard pan there. T= hey do have good internal drainage. = There are some soils being of deeper component, the hollicills (inaudible) bedrock are generally within 20 to 40 inches of the soil surface. The hollis soils are generally ass= ociated with the higher points on the two lots although a specific determination of (inaudible) uplands is not generally done.= I generally don't detail map the actual wetlands when it's on the property. So I've looked at t= his property over a period of a number of years. One point I did make before, there= is an existing culvert pipe under an access way, there is an existing access road= way that runs through here that has a culvert pipe. That culvert pipe appears to be set slightly above the existing grades to the south, meaning that water ponds a little bit in this area before it actually discharges through the exiting c= ulvert pipe under that area, but I did look extensively at this area, I did not fe= el that it was classifiable as an intermittent watercourse and certainly not a= s a wetland area by soil type. Th= at's the extent of my review of this site, on 3 separate occasions, beginning in 2002 and most recently in March of this year. I'd be happy to answer any questio= ns that the Commission members may have.
&= nbsp; Mr. Undercuffler: Does anyone have any questions?
Mr. Berger: I just want to clarify my role in t= his application. The Vice Chairma= n did bring me the application last week. The original application has been returned to the Planning and Zoning Office. I have a copy that I = will review and provide Town Engineer comments.= At this point in time the Commission does not have a staff liaison to prepare that staff report for you, other than a Town Engineer report.
&= nbsp; Mr. Undercuffler: Do we want to schedule a site walk = now?
Mr. Rafey: Any questions for Mr. Lord? I just want to mention one other t= hing, there is a letter from Torrington Area Health District in the packet. Mr. Smith looked at these lots are= both lots are approved for septic systems, they have all their tests and everything. If there is any o= ther information I will present to you if you have any questions.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 46
One other suggestion=
I have,
since (inaudible) was in front of many land use commissions and many times
these neighbors have opportunities to participate in many, many, many public
hearings, and if you look at the minutes of those meetings, they are the sa=
me
thing that they have repeated again and again and again and I don't see any
reason for such a small activity within upland review area to go to a public
hearing. If this Commission
determines that this is a significant activity, then you can have a public
hearing. If not, I think the
neighbors have had many times to go there and next month it will be back on=
the
Agenda, they can speak under public participation, and if the Chairman wants
they can even participate in the discussion when I come in front of you.
= ; Mr. Undercuffler: Do you want= to say anything about this being a significant or not a significant activity.<= /p>
= ; Mr. Polletta: No, I listened = to the soil scientist.
= ; Ms. Sturgis: No, (inaudible).=
= ; Mr. Undercuffler: Let's take = the site walk first and worry about hearings later.
= ; Ms. Sturgis: It's just one li= ttle piece off that right of way, there's nothing much to look at.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 47
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to Table and Schedule a Field Trip for Application #5
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; (Tape
#5, Side A ended - may have missed some.)
=
; Mr.
Rafey: I am back participating in the meet=
ing to
finish the Agenda and I will not charge the Town the time I spent on the
previous application.
8. =
New
Business
&=
nbsp; None
9. =
Communications
and Bills
10. Repor=
ts
from Officers and Committees
&n=
bsp; =
; Mr. Jones: We did get the results back from the
D.E.P. and he, as Mr. Benger and also Mr. O'Sullivan and I all agree that t=
he
(inaudible) at the brook there results just from heavy rain, it's not du7e =
to
any immediate release (inaudible).
Whenever there is a large glow of water, heavy rain, a little bit of
suds appears and it doesn't constitute a problem.
&n=
bsp; =
; Mr. Undercuffler: Have you heard anything from Mr.
O’Sullivan?
&n=
bsp; =
; Mr. Jones: No, not after I sent him the p=
ackage
of information, but I did speak to him before I sent the package and told h=
im I
received it.
11. Repor=
ts
from Staff
None
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
JUNE 15, 2006
PAGE 48
12. &n=
bsp; Public
Participation
Lou Salamone,
Mr. Salamone: One last comment, Mr.
Chairman. With regards to my
bringing up the issue of ownership and permission to use that right of way =
on
Highmeadow Road before, I do so based on the fact, and I agree with the
applicant that the public right of way has no ownership, however, the other
spin for that story is that the Town Council has on 2 occasions unanimously
voted down the building of a driveway or road on that right of way, for the
record. Secondly the neighbor=
s are
always coming up here crying. Yes,
we are coming up here crying. I
have concerns, I have concerns about a concentrated runoff of water from th=
is
roadway or driveway, whatever it is that's being built there. All during the past 2 or 3 years, =
this
issue has been going back and forth between commissions, not once has the
applicant come forward and addressed those concerns, so yes, I have concern=
s,
and yes I'm going to continue coming up here voicing my opinion, as will the
other neighbors on this issue, until our concerns are addressed as well.
Mr. Undercuffler: Okay, well perhaps y=
ou
could come out on the site walk and show us where your concerns are.
Mr. Salamone: Absolutely, when is =
the
site walk?
Mr. Undercuffler: July 15th.
Mr. Salamone: Very good, thank you=
.
13. Adjou=
rnment
&= nbsp; MOTION: (Mr. Polletta, sec. Ms. Duplissie) to Adjourn the Regular Meeting at 11:00 p.m.<= o:p>
&nbs= p; Discussion: None<= o:p>
&nbs=
p; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Regular
Meeting Adjourned at 11:00 p.m.
Respect=
fully
submitted,
Ronald =
Jones,
Secretary
Conserv=
ation
Commission/
Inland
Wetlands Agency
&nbs=
p; _________________=
_________________