MINU=
TES
CONSERVA=
TION COMMISSION/INLAND
WETLANDS AGENCY
REGULAR
MEETING
THURSDAY,
AUGUST 9, 2007 - 7:30 P.M.
PRESENT: =
; &n=
bsp; =
; Lucia
DiBona
=
&nb=
sp; =
&nb=
sp; Glenn
Duplissie
=
&nb=
sp; =
&nb=
sp; Donato
Orsini, Vice Chairman
=
&nb=
sp; =
&nb=
sp; Joseph
Polletta
=
; &n=
bsp; =
&nb=
sp; Edwin
Undercuffler
=
&nb=
sp; =
&nb=
sp; James
Zawadzki, Chairman
ABSENT: =
; &n=
bsp; =
; =
Thomas
Murphy, Secretary
ALTERNATES PRESENT: &nbs=
p; Scott
Marotta
ALTERNATES ABSENT: =
; <=
/span>Greg Hawes
=
&nb=
sp; =
&nb=
sp; Denise
Russ
OTHERS PRESENT: &n=
bsp; =
; Chuck
Berger, Town Engineer
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Moosa
Rafey, Assistant Wetlands Officer
1. =
Call
Meeting To Order
Mr.
Zawadzki, Chairman, called the Regular Meeting to order at 9:05 p.m.
2. &nb=
sp; Roll
Call
Mr.
Zawadzki, Chairman, executed the Roll Call.
Mr.
Zawadzki, Chairman, asked Mr. Marotta to sit in for Mr. Murphy, in his abse=
nce.
3. =
Public
Participation
&=
nbsp; Chuck
Berger, Town Engineer, Representing Department of Public Works
&=
nbsp; Mr.
Berger: I'd like to reque=
st an
addition to the Agenda tonight, a modification to Permit #587 which was iss=
ued
to the Department in May of this year for the Guernseytown Road Phase II
project, some additional drainage work primarily in the road, but the road =
is
in the 50 foot upland review area, and I'll provide more details at the tim=
e I
get that opportunity.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 2
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Add Agenda Item 7B, Modification of Permit
#587.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
4. =
Action
on Minutes
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Table Items 4A through 4N as presented.
&= nbsp; Discussion: None<= o:p>
5. =
Pending
Applications
A. =
; Application
#589 of Joseph Masi for construction of a 16-lot residential subdivision Fr=
ench
Hill Estates located on
&=
nbsp; &nbs=
p; If
a Public Hearing is Closed on August 9, 2007, then a decision is required by
September 13, 2007.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Table Application #589 of Joseph Masi for construction of a 16-lot residential subdivisio=
n,
French Hill Estates, located on French Street, Oakville, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 3
B. =
; Application
#591
of EVOW LLC/Patrick Graziano for construction of Phase III of Highview Esta=
tes
8-lot residential subdivision off
&=
nbsp; &nbs=
p; If
a Public Hearing is Closed on August 9, 2007, then a decision is required by
September 13, 2007.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: The Hearing has=
been
Closed so we need to make a decision.
Any comments?
&=
nbsp; &nbs=
p; Mr.
Polletta: Because we had =
the
set of problems on the stream, I'm wondering if this is the time to fix the
swale?
&=
nbsp; &nbs=
p; Mr.
Zawadzki: They're proposi=
ng to
do that.
&=
nbsp; &nbs=
p; Mr.
Polletta: Okay.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. DiBona) to Approve Application #591 of EVOW LLC/Patrick Graziano for construction of Phase III of High=
view
Estates 8-lot residential subdivision off Kimberly Lane, Watertown, CT subj=
ect
to standard conditions and those conditions previously outlined.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; C. Application #601, Lee Kavtenski, cleani=
ng of a
pond located at
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by August 18, 200=
7.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: I know this is a
D.E.P. project and when we did the site walk at your place, you said you we=
re
going to contact them and get some other information.
&=
nbsp; &nbs=
p; Lee
Kavtenski,
&=
nbsp; &=
nbsp; Mr.
Kavtenski: Yes. I have four questions by the commi=
ttee
and I have the answers to those questions.=
One of the questions by the Committee was are there any T & E
species of concern. (Tape #3,=
Side
A ended - may have missed some) on the property.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: What's T & =
E?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 4
&=
nbsp; &nbs=
p; Mr.
Marotta: Threatened endan=
gered.
&=
nbsp; &nbs=
p; Mr.
Kavtenski: This was a que=
stion
by the Committee, it's a good question.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: He's our
environmental expert.
&=
nbsp; &nbs=
p; Mr.
Kavtenski: The second que=
stion
from the Committee was about a map showing the primary impacts. The primary area is the pond, the
secondary area is the upland area on State property. The area is 4,995 square feet, the
upland area is the disposal site will be landscaped and planted with grass
seed. All erosion and control
devices will be used according to the D.M.P.S. The third question by the Committe=
e is
the area around the pond a vernal pool, and the answer is no, the area is s=
crub
swamp with cattails, no work will be done in this area. The fourth question by the Committ=
ee,
does the Army Corps of Engineers need to get involved; no, this is a small =
pond
dredging project moving sand and silt that was transported into the pond an=
d is
less than 5,000 square feet. =
Any
further questions, the D.E.P. biologist left his telephone number.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: He just answered
those for you over the phone or write you a letter?
&=
nbsp; &nbs=
p; Mr.
Kavtenski: He also faxed =
them.
&=
nbsp; &nbs=
p; Mr.
\Rafey: There is a letter=
in
your packet.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: It's a D.E.P. p=
roject
basically.
&=
nbsp; &nbs=
p; Mr.
Duplissie: The D.E.P. is =
actually
doing the excavation, they're going to handle it, remove all of the material
and then all of the grading after?
&=
nbsp; &nbs=
p; Mr.
Kavtenski: Correct.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Actually for the
preservation of downstream water flow and so forth it actually goes to Black
Rock Pond.
&=
nbsp; &nbs=
p; Mr.
Kavtenski: Right, all of =
the
surrounding property around my property is State property.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: I don't see=
any
problem with approving this.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: I don't either.=
&=
nbsp; &nbs=
p; Mr.
Duplissie: Well this is a
benefit to down gradient wetlands (inaudible) it's nice if he wants to put =
fish
in the pond (inaudible) wetlands down below it will act as another catch ba=
sin.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 5
&=
nbsp; &nbs=
p; Mr.
Kavtenski: Well actually =
there
is fish in it, a lot of them.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Yea, but it wi=
ll act
more of a catch basin again.
&=
nbsp; &nbs=
p; Mr.
Kavtenski: Part of it is
mosquitoes management control and wildlife.
&=
nbsp; &nbs=
p; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Approve Application #601, Lee Kavtenski, cleaning of a pond loc=
ated
at 222 Bidwell Hill Road, Watertown, CT with standard conditions.
&=
nbsp; &nbs=
p; Discussion
: None=
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; D. Application
#603 of Richard DiFederico, Jr. for construction of a parking lot for Oakvi=
lle
V.F.W. located at
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by September 21,
2007.
&=
nbsp; &nbs=
p; Kenneth Lukowski, Commander, V.F.W=
. on
&nbs=
p; &=
nbsp; Mr.
Lukowski: I'd like to thank you gentlemen for
walking our property last week, and I'd like to turn the podium over to Geo=
rge
Frago, he can give you a lot more information than I can. Thank you.
&=
nbsp; &nbs=
p; George Frago, Land Surveyor, Land =
Data
Engineers
&=
nbsp; &nbs=
p; Mr. Frago: This is a parcel of land about 1.75=
acres
on the northeast corner of
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 6
&=
nbsp; &nbs=
p; The
other event that happened recently, I'm sure you know there has been an
application approved by your Commission to install a 16 inch collector inte=
rceptor
sewer which is going to cross our only small parking lot and deactivate it =
for
a certain amount of time and it's permitted to go under the Wattles' Brook =
and
take a left and exit the property on the northerly side. We feel very strongly that during =
this
construction, which I'm not what the length of time is that we'll be losing
this parking lot we really want to make an effort to reactivate this southe=
rly
portion of the site and reconstitute it as parking lot for VFW business.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Yea, because it's a regulated area=
so
you need a permit to do that, inside that 50 foot line.
&=
nbsp; &nbs=
p; Mr. Frago: Right. So I've shown the Wattles Brook an=
d the
50 foot buffer which extends approximately there and we feel that while this
area is being disturbed and while soil erosion controls are in place for the
construction of the sewer which actually crosses the brook, and we anticipa=
te
that some of their traffic is going to take them across in this location and
also into Maple Avenue that this whole area is going to get disturbed and w=
hile
they have their erosion controls if we can augment them to your liking we'd=
like
to grade this site, not substantially, we'd like to clean it up, make it lo=
ok
more level and apply a course of crushed stone to reduce dust and we'd also
like to limit the access, right now there is no curbing along Maple Avenue,=
I'd
like a formalized two way entrance to the parking lot and direct traffic in=
an
orderly manner, rather than just have it an open field as it has been for
years.
&= nbsp; &nbs= p; Mr. Polletta: During the field trip you were tal= king about a crossing over the bridge to get from that old parking lot into the = main parking lot next to the building, you're not proposing any of that, right?<= o:p>
&=
nbsp; &nbs=
p; Mr. Frago: Not at this moment. There was at one point a pedestria=
n foot
bridge that carried traffic across, right now we anticipate just walking
around, it's not that long a walk.
In the future if possible, if the money allows, we'd like to propose=
a
permanent prefabricated span on just for foot traffic across that brook.
&=
nbsp; &nbs=
p; Mr. Polletta: The area that we were talking abou=
t in
and out out of
&=
nbsp; &nbs=
p; Mr. Frago: I have to check this out, I haven't
looked at it in this light yet, but if it won't create any drainage problem=
s, I
'd like to propose a curbing along here so that cars are forced to use just=
one
(inaudible).
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 7
&=
nbsp; &nbs=
p; Mr. Polletta: You should do something so tha=
t the
cars will go in and out of there.
Right now there is no curbing, nothing there, so you will propose so=
me
type of curbing?
&=
nbsp; &nbs=
p; Richard DiFederico, VFW=
&=
nbsp; &nbs=
p; Mr. DiFederico: The Town should (inaudible).
&=
nbsp; &nbs=
p; Mr. Frago: We're going to put the curbing in =
because
we can't have cars, it's illegal for a vehicle to go into an area and then =
back
out into a right of way.
&=
nbsp; &nbs=
p; Mr. Polletta: During the field trip we noticed th=
at we
got some poles, some lighting in there and I think it's for a safety reason
right now everybody parks on the street.&n=
bsp;
I don't have any problem as I see this to reactivate that so that no=
body
will park on both sides of
&=
nbsp; &nbs=
p; Mr. Frago: It will be graded so that you'=
ll
have sheet flow that. . . . .
` &=
nbsp; &nbs=
p; Mr. Polletta: The only concern I have is you sho=
uld
create some kind of berm along the river so that in case you never know, if=
you
lose oil or something like that, will not end up into that brook.
&nbs=
p; &=
nbsp; Mr.
Frago: As I pointed out, we don't have a =
very
large watershed area at all that contributes to this, it's all on site
drainage, so the drainage isn't going to be able to accumulate into a great
volume, but we can certainly concentrate the flow, as you said, with a berm
then it will end up like a point source and . . . .
&=
nbsp; &nbs=
p; Mr. Polletta: Instead of making it too steep like=
it is
now, make it pretty level, jut a little pitch in it.
&nbs=
p; &=
nbsp; Mr.
Frago: What I envision, and I haven't don=
e a
topographic survey or anything but as a function before and I think it shou=
ld
continue to function, you'll get sheet flow across at every point rather th=
an
bringing all of this drainage and concentrating it in one area and then you
increase you get the erosion and you get the . . . .
&=
nbsp; &nbs=
p; Mr. Polletta: But my concern is instead of puttin=
g a
pitch to go towards the brook, just make it a very little pitch so that way=
the
water gradually goes, you know what I'm saying?
&nbs=
p; &=
nbsp; Mr.
Frago: Yea, we can make it go, instead of=
going
directly this way, we can make it go that way.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 8
&=
nbsp; &nbs=
p; Mr. Marotta: Give it time to percolate down into=
the
soil, rather than sheet flow right in.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Are you going to leave it gravel o=
r are
you going to put pavers?
&nbs=
p; &=
nbsp; Mr.
Frago: We’d like to put crushed sto=
ne,
not a substantial diameter so you don't get the dust and things.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Now what happens when you plow that=
in
the Winter time?
&nbs=
p; &=
nbsp; Mr.
Frago: You have to be careful. The other thing, in time, grass wi=
ll
grow in there and it will just be hard, packed grass kind of like the grass
pavers, it will achieve the same thing, you won't be able to stop grass from
growing in this thing eventually.
&=
nbsp; &nbs=
p; Mr. Duplissie: But this is not a parking lot that =
is
going to be used, there's not going to be 50 cars in there every day, this =
will
be a parking lot that will be used once a week maybe. The only thing we're concerned abo=
ut is
the actually, where the water enters the brook from the parking area. Definitely during construction silt
fence and hay bales, I think I want double, I don't want anything to go into
the stream, and then if you could reconfigure your parking on the high side=
, so
that you'll be a good 10 to 12 feet on this parking lot up above, instead of
stepping your parking the way you have it, if you could just make a straight
line across so that you leave a good 12 feet.
&nbs=
p; &=
nbsp; Mr.
Frago: Like that?
&=
nbsp; &nbs=
p; Mr. Duplissie: Correct. I know that reduces a couple of pa=
rking
spaces but it would create a berm between the parking and the stream.
&nbs=
p; &=
nbsp; Mr.
Frago: Right, I tried to maximize the num=
ber of
parking spaces, we can work with that number 49, we can reduce that.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Yea, because no matter what you do,
you're not going to have enough for 1,700 members if they all show up.
&nbs=
p; &=
nbsp; Mr.
Frago: Not all at the same time.
&=
nbsp; &nbs=
p; Mr. Zawadzki: It will help, but it’s not go=
ing to
accommodate all of those. We'=
re
concerned about having a berm there, where you show the guard rail, if you =
have
some sort of a berm, it could be a berm that is permeable, the water would =
perc
through but there would be a filtering process.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 9
&nbs=
p; &=
nbsp; Mr.
Frago: We're going to have a crushed ston=
e in
place so I guess probably the best thing to do, if this is the pavement, ju=
st
continue it down. Crushed sto=
ne can
be considered pavement, and let that circle through. I am not proposing any sedimentati=
on and
erosion controls, I didn't think this plan would go this far, but certainly
we're going to have that.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Well it is a direct flow, I mean it=
's so close
to the brook we just have to consider it because it's right there.
&nbs=
p; &=
nbsp; Mr.
Frago: One other thing I'd like to point =
out,
is that I’m fairly certain is that this brook is not natural.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Well it is now.
&nbs=
p; &=
nbsp; Mr.
Duplissie: The only thing is if we approve th=
is the
way this is today, no, but since this is a reactivation of an existing park=
ing
lot, that just came to light for us, that this was a parking lot, we didn't
know that it was, and taking that into consideration we will allow that, bu=
t we
do want to maintain 15 foot from the edge of the stream to whatever parking=
you
have and that I remains gravel, no asphalt, because the asphalt would incre=
ase
the flow and that's the last thing that we want over here, so if we allow t=
his
to go through, it would be with the measure that this not be paved. It would remain gravel or pavers b=
ut no
asphalt on this site.
&nbs=
p; &=
nbsp; Mr.
Frago: We’re fine with that.
&=
nbsp; &nbs=
p; Mr. DiFederico: We can't afford to pave that anyway
(inaudible).
&nbs=
p; &=
nbsp; Mr.
Marotta: From that stream edge, 15 feet fro=
m,
they're going to install the guard rail there so you'll have 15 feet . . . =
.
&=
nbsp; &nbs=
p; Mr. Duplissie: From the top of the bank, yes.
&nbs=
p; &=
nbsp; Mr.
DiFederico: I understand what you're saying.
&=
nbsp; &nbs=
p; Mr. Marotta: (Inaudible) cause it is stable righ=
t now.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 10
&nbs=
p; &=
nbsp; Mr.
DiFederico: Maybe the people who are coming in=
and
doing this, maybe they're going to restore it to the way it was, I don't
know. I forgot who is doing t=
he
brook but I mean when we walked through there, I can get boulders donated to
build that back up, but maybe the guys that are going through it to do their
project, maybe they can restore that brook the way it used to be. If you go there you'll see where t=
he
Town put in from Maple Street all the way there, nothing was, now here you'=
re
sitting here talking tonight on how people should do things but the Town di=
dn't
stop that from eroding, they didn't put that block in there or something, so
that's our problem there.
&=
nbsp; &nbs=
p; Mr. Marotta: From the edge of the stream, as lon=
g as
there is a 15 feet buffer, around from where the parking area is proposed a=
nd
then you put your guard rail at that 15 feet and always keep a 15 foot buff=
er with
vegetation etc. (inaudible) then I don't have a problem.
&nbs=
p; &=
nbsp; Mr.
DiFederico: Yea, where the telephone pole is a=
nd put
them along there, and then when we fill in the other part, whatever with st=
one,
or if they fix it when they go through, then we'll plant some trees there, =
big
or small, we'll do that.
&=
nbsp; &nbs=
p; Mr. Polletta: Before when you said 15 feet, when =
I was
there, and I measured it looked like by the time you put the curb and the
parking lot, I don't think you have enough to backup a car out of the parki=
ng
lot.
&nbs= p; &= nbsp; Mr. DiFederico: You're talking right here, right.<= o:p>
&=
nbsp; &nbs=
p; Mr. Polletta: Right, so I think you should agree =
maybe
to 10 feet because I think 15 feet is too wide. Once you agree then (inaudible).
&nbs=
p; &=
nbsp; Mr.
Zawadzki: What if you angle the spots?
&=
nbsp; &nbs=
p; Mr. DiFederico: I understand what you're talking ab=
out
because you're saying the curb here, if you come around here yes, it will be
hard in. If we did put them
straight in, we could do the 10, 15 feet you could back the cars in.
&=
nbsp; &nbs=
p; Mr. Polletta: But I'm saying when we measured, wh=
en we
were over there, we walked it, I think you need maybe 10 to 12 feet to
(inaudible).
&nbs=
p; &=
nbsp; Mr.
DiFederico: About 10 feet, so you can pull the=
car
in back it up . . . .
&=
nbsp; &nbs=
p; Mr. Polletta: Exactly cause then you'll start hav=
ing all
kinds of accidents over there. I
would say stabilize it to 10 feet, from the edge of the brook, 10 feet.
&nbs=
p; &=
nbsp; Mr.
Marotta: Yea, keep it a berm.
&=
nbsp; &nbs=
p; Mr. DiFederico: That already has trees there so we =
just
have to put more trees over here.
So when they come in they have to be able to back out, yes.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 11
&nbs=
p; &=
nbsp; Mr.
Marotta: As long as there's that 10 feet to=
be able
to catch any runoff so it's not paved right up to the stream and then just
(inaudible) that will work.
&=
nbsp; &nbs=
p; Mr. DiFederico: It will all be crushed stone.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Can you draw that up and bring it =
to the
next meeting?
&=
nbsp; &nbs=
p; Mr. DiFederico: Okay.
&nbs=
p; &=
nbsp; Joseph
Taddia, VFW
&=
nbsp; &nbs=
p; Mr. Taddia: We've been getting some complaints =
that
the place looks kind of messy. Can
we start cleaning up some of the stuff that has already been cut in this ar=
ea
in here? I know that Heritage
Development Group is going to be doing a lot of that type of stuff but we've
got stuff on this side of the road too.&nb=
sp;
I'm talking about the trees that were cut down, already cut, already
down, we don't have to, but just being a good neighbor. &nbs=
p; &=
nbsp; Mr.
Duplissie: Are they putting in silt fence alo=
ngside
the stream? &=
nbsp; &nbs=
p; Mr. Zawadzki: Yea. &nbs=
p; &=
nbsp; Mr.
Duplissie: If you put the silt fence in then =
you
can start to clean. &=
nbsp; &nbs=
p; Mr. Zawadzki: No further cutting until we get a
drawing. &nbs=
p; &=
nbsp; Mr.
Taddia: No we won't cut, but I’m sur=
e that
when Paparazzo's group comes in, they're' going to have to set silt fence
also. It would be redundant f=
or us
to go in there and start doing that. &=
nbsp; &nbs=
p; Mr. Duplissie: They're going to be on this side of=
the
stream. &nbs=
p; &=
nbsp; Mr.
Taddia: They're on both sides of the strea=
m. &=
nbsp; &nbs=
p; Mr. Duplissie: I'm talking about this side of the =
stream
over here. &nbs=
p; &=
nbsp; Mr.
Taddia: On the &=
nbsp; &nbs=
p; Mr. Duplissie: Correct, that's the area that =
you
just said you wanted to clean, so put your silt fence in, hay bales, I don't
care what you use, hay bales are usually easier to put in, throw a couple of
stakes in there and that will take care of it. &nbs=
p; &=
nbsp; Mr.
Rafey: What do you mean by cleaning? Just remove the cut trees? As long as you don't disturb the s=
oil,
the existing vegetation, just leave it alone until this Commission approves
this application, then I'll give you. . . . CONSERVATION COMMISSION/INLAND WETLANDS AGENCY REGULAR MEETING AUGUST 9, 2007 PAGE 12 &=
nbsp; &nbs=
p; Mr. Taddia: We might not do it at all, it's jus=
t a
matter of if they decide they want to clean that up as a good neighbor. &nbs=
p; &=
nbsp; Mr.
Polletta: As long as you don't disturb the s=
oil,
you can clean it up. &=
nbsp; &nbs=
p; Mr. Rafey: If you want to remove the trees, th=
at's
fine, but don't disturb the soil until they make a decision. &nbs=
p; &=
nbsp; Mr.
Zawadzki: No grading. &=
nbsp; &nbs=
p; Mr. Marotta: (Inaudible) remove any vegetation o=
n the
front. &=
nbsp; &nbs=
p; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Table Application #603 of Richard DiFeder=
ico,
Jr. for construction of a parking lot for Oakville V.F.W. located at &=
nbsp; &nbs=
p; Discussion: None<=
o:p> &=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY &=
nbsp; E. =
Application
#604 of Salvator and Margaret Deluca for subdivision of 19.2 acre parcel in=
to 4
residential building lots on &=
nbsp; &nbs=
p; Denis
O'Sullivan, Representing Applicant &=
nbsp; &nbs=
p; Mr. O'Sullivan: I was here last month and I believ=
e the
way it was left was there was going to be a site visit by a soil scientist =
from
your group and I think that happened and I think Moosa has correspondence f=
rom
them. &nbs=
p; &=
nbsp; Mr.
Zawadzki: That's correct and we =
have
it here in our packet so there's no point in reading it. &nbs=
p; &=
nbsp; Mr.
Rafey: Please read it into the record, so=
we
know what happened. &=
nbsp; &nbs=
p; Mr.
Zawadzki, Chairman read aloud the following letter from the Northwest Conse=
rvation
District: CONSERVATION COMMISSION/INLAND WETLANDS AGENCY REGULAR MEETING AUGUST 9, 2007 PAGE 13 &=
nbsp; &nbs=
p; "July
27, 2007 &=
nbsp; &nbs=
p; Dear
Mr. Rafey: &=
nbsp; &nbs=
p; As
requested by the Watertown Conservation Commission/Inland Wetland Agency I =
have
visited the property to verify that all proposed development activities will
occur outside both wetland soil and wetland setback area. I visited the site on July 26, 200=
7 with
you and a representative, Dennis O'Sullivan, Profession Engineer, LLC proje=
ct design
engineer. I also reviewed the
wetland soil report provided by WCT Land Consultants dated October 2, 2006 =
and
a design sheet entitled Regina Farms/Parcel 2, DeLuca Subdivision, dated Ju=
ne
26, 2006. After walking the s=
ite
and excavating a number of soil borings, I have determined that as proposed=
all
development activities will take place both outside wetland soil and wetland
setback area. The Northwest
Conservation District NCD appreciates this opportunity to assist &=
nbsp; &nbs=
p; Sincerely, &=
nbsp; &nbs=
p; Sean
Hayden, Certified Soil Scientist, Certified Wetland Soil Delineator, and
Certified Professional in Erosion and Sediment Control" &=
nbsp; &nbs=
p; Mr. Zawadzki: We don't need to take any action on=
this
because it's outside of our jurisdiction.&=
nbsp;
That's it. &nbs=
p; &=
nbsp; Mr.
Zawadzki: Do I need some kind of corresponde=
nce
from this Commission? &nbs=
p; &=
nbsp; Mr.
Rafey: I will write you a short letter
regarding what happened here. But just
for the record, if for any reason this goes to the Planning and Zoning
Commission and they make any changes that may impact some wetlands or the 50
foot upland review area, they will have to come back to get a permit from t=
his
Commission. If it stays the s=
ame,
this Commission has no jurisdiction. 6. &n=
bsp; New
Applications &=
nbsp; A. Application
#605 of Walnut Grove Farm, LLC for construction of 23 lot Southridge Estates
residential subdivision and 3.418 linear foot of new roadway located on the
south side of Bunker Hill Road, Watertown, CT. &=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07. CONSERVATION COMMISSION/INLAND WETLANDS AGENCY REGULAR MEETING AUGUST 9, 2007 PAGE 14 &nbs=
p; &=
nbsp; Emily
Jones, Professional Engineer, Civil One &=
nbsp; &nbs=
p; Ms. Jones: I'm just going to give a brief over=
view
because you'll probably want to schedule a site walk and a public hearing.<=
span
style=3D'mso-spacerun:yes'> The project is on the south side o=
f
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Can you show us where that is on t=
he
map?
&=
nbsp; &nbs=
p; Ms. Jones: Sure. This is
&nbs=
p; &=
nbsp; Mr.
Zawadzki: So that's the only wetland impact?=
&=
nbsp; &nbs=
p; Ms. Jones: Yes, and the remaining regulated ac=
tivity
would be associated with the crossing as well as 3 storm water quality basi=
ns,
A, B, and C.
&nbs=
p; &=
nbsp; Mr.
Duplissie: And the open space that you've pro=
vided,
is that all wetlands?
&=
nbsp; &nbs=
p; Ms. Jones: It's not all wetlands. It's actually, it's required that =
it be
10% of the total property is open space, 5% of the total property is requir=
ed
to be upland and in this case we're providing 25.5% of the total property in
open space and 7% of the total property in upland. And it's possible, obviously we ha=
ven't
gone to Planning and Zoning with this, but if this open space is not accept=
ed,
chances are the proposal would be to absorb it back into Mr. Lynn's Farm.
&nbs=
p; &=
nbsp; Mr.
Undercuffler: Where is the open space?
&=
nbsp; &nbs=
p; Ms. Jones: It's all of this area back here.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 15
&nbs=
p; &=
nbsp; Mr.
Marotta: So there would be a conservation
easement or something like that on the piece?
&=
nbsp; &nbs=
p; Ms. Jones: Yea, well there would be conservati=
on
easements on the back of all these lots that have 50 foot, and if it is par=
t of
the open space it will be conserved, and if not, it would probably be a lot
line revision to go back into the farm, and I believe if it is part of the
farm, Mr. Lynn will want to continue to use the property as he does now, for
grazing and stuff like that.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Well so the open space will be dee=
ded to
the Town?
&=
nbsp; &nbs=
p; Ms. Jones: Yes, if it's accepted, yes.
&nbs=
p; &=
nbsp; Mr.
Orsini: What are you proposing to cross, o=
r how
are you going to get over there?
&=
nbsp; &nbs=
p; Ms. Jones: Well what we had proposed is actual=
ly a 15
inch pipe. Normally when we c=
ross a
wetland we do a larger structure than that but this area is so small that i=
t's
really just this isolated finger that kind of climbs up the hill and it's a=
bout
1 or 2 csf in a 50 year storm that comes to that pipe that came be accommod=
ated
by an 8 inch pipe basically there's hardly any drainage area. It just comes up here and up here =
and
it's just this small section. The
rest of it will drain to
&nbs=
p; &=
nbsp; Mr.
Polletta: Where is that subdivision that is =
going
on now?
&=
nbsp; &nbs=
p; Ms. Jones: Right here, across the street. The road actually comes in directly
across the street from this proposed road.
&nbs=
p; &=
nbsp; Mr.
Duplissie: The one that is going in right now=
?
&=
nbsp; &nbs=
p; Ms. Jones: Yea.
&nbs=
p; &=
nbsp; Mr.
Polletta: So this goes downhill?
&=
nbsp; &=
nbsp; Ms. Jones: Yea.
&nbs=
p; &=
nbsp; Mr.
Duplissie: The two cornfields that are in the=
re
right now, can you point them out for me?
&=
nbsp; &nbs=
p; Ms. Jones: Yea there 's corn, there are some c=
orn
areas and some kind of hayed meadow areas.=
I don't know if there was corn in this area.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 16
&nbs=
p; &=
nbsp; Mr.
Duplissie: (Inaudible).
&=
nbsp; &nbs=
p; Ms. Jones: Yea.
And then the rest of it is just kind of an open field, not really any
woods.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Schedule a Site Walk for Application #605 of Walnut G=
rove
Farm, LLC for construction of 23 lot Southridge Estates residential subdivi=
sion
and 3.418 linear foot of new roadway located on the south side of Bunker Hi=
ll
Road, Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; Mr. Zawadzki: Do you think a third party review =
is a
good idea on this one?
&nbs=
p; Mr.
Rafey: You should send it to, yea.
&nbs=
p; Mr.
Duplissie; Yes, due to the size of the develo=
pment
(inaudible) wetlands in the back.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Undercuffler) to Hired a Third Party Review for Applica=
tion
#605 of Walnut Grove Farm, LLC for construction of 23 lot Southridge Estates
residential subdivision and 3.418 linear foot of new roadway located on the
south side of Bunker Hill Road, Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #605 of Walnut Grove Far=
m, LLC
for construction of 23 lot Southridge Estates residential subdivision and 3=
.418
linear foot of new roadway located on the south side of Bunker Hill Road,
Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Ms.
Jones: Moosa, do we schedule the Third Pa=
rty
Review or do you contact someone?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 17
&nbs=
p; Mr.
Rafey: No, I will contact them.
&nbs=
p; Mr.
Zawadzki: We'll do it on the 8th and Moosa w=
ill
send you a letter.
&nbs=
p; Mr.
Rafey: Yes, it will be on Sep=
tember
8th and I will send you a notice.
&=
nbsp; B. =
Application
#606 of Robert Velardo for construction of a 5 lot residential subdivision =
on
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; Dennis McMorrow, Professional Engi=
neer,
&=
nbsp; =
; Mr.
McMorrow: Before us this
evening is a 44.2 acre property in an R-90 zone and we're proposing a 5 lot
subdivision. There is also an=
existing
Parcel A from a previous subdivision that we're going to add land to to
increase its size. The soils =
were
identified by Mark Barrows, MB Soil Mapping, Certified Soil Scientist. Quickly, because watching your pre=
vious
application I assume we're going to have a site walk on this application.
&=
nbsp; &nbs=
p; Just
running through
&=
nbsp; &nbs=
p; Lot
#2, 3.7 acres and the grading behind the house and for the rain garden water
quality basin we have .0 acres of work in the regulated area.
&=
nbsp; &nbs=
p; Similar
to
&=
nbsp; &nbs=
p;
&=
nbsp; &nbs=
p; It's
a large lot subdivision, there are no proposed roads, we have the one
crossing. I'd be happy to ans=
wer
any questions the Board might have prior to the walk.
&nbs=
p; &=
nbsp; Mr.
Polletta: Where is it?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 18
&nbs=
p; &=
nbsp; Mr.
Duplissie:
&=
nbsp; =
; Mr.
McMorrow: The vicinity ma=
p on the
corner, you have
&=
nbsp; =
; Mr.
Polletta: So these are ju=
st
long driveways and that's a shared driveway?
&=
nbsp; =
; Mr.
McMorrow: Correct. We had originally proposed two dri=
veways
in there and after our preapplication meeting with your Town Staff we looke=
d at
just bringing it down to a shared driveway until we got past the wetlands a=
nd
then we broke off into two separate driveways.
&nbs=
p; &=
nbsp; Mr.
Marotta: What's the total cumulative impact=
both
primary and secondary for the entire project?
&=
nbsp; =
; Mr.
McMorrow: The actual
disturbance is 2,600 square feet, which is .06 acres. The upland regulated area we have =
.23
and .04 that would be .27. Yo=
u're
up to about .35 acres for the total upland area.
&nbs=
p; &=
nbsp; Mr.
Marotta: But in terms of filling or dredgin=
g, the
primary impacts, the wetlands that are going to be affected?
&nbs=
p; &=
nbsp; Mr.
McMorrow: That's the 2,600 square feet.
&nbs=
p; &=
nbsp; Mr.
Marotta: And then for secondary clearing in=
a 50
foot buffer area?
&nbs=
p; &=
nbsp; Mr.
McMorrow: That's the .35.
&nbs=
p; &=
nbsp; Mr.
Marotta: Which is what, how many square fee=
t?
&=
nbsp; =
; Mr.
Duplissie: Every .1 is 4,=
400
square feet so we're talking about somewhere in the neighborhood of 16,000
square feet.
&=
nbsp; =
; Mr.
McMorrow: Correct, 3,500,=
1,700
and 10,000, so about 15,000.
&=
nbsp; =
; Mr.
Marotta: So the total is =
what?
&nbs=
p; &=
nbsp; Mr.
Duplissie: Roughly 17,000, almost 18,000 squa=
re
feet, wetland and upland review.
&=
nbsp; =
; Mr.
Polletta: Do we want to t=
ake a
field trip?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 19
&=
nbsp; =
; Mr.
Duplissie: Yes.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. DiBona) to Schedule a Site Walk for Application #606 of Robert Vel=
ardo
for construction of a 5 lot residential subdivision on
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Table Application #606 of Robert Velardo for
construction of a 5 lot residential subdivision on
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; C. Application
#607 of Roger Magalutti for wetlands restoration on
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; Dennis McMorrow, Professional Engi=
neer,
&=
nbsp; =
; Mr.
McMorrow: This is a lot #=
2 on a
subdivisions that I did for Alan Timpken a few years back. We had prepared a septic design fo=
r Mr.
Magalutti who is building his house on this property. He had a site contractor in and wo=
rking
on the project and I think the site contractor got a little off base with
this. He has been let go at t=
his
point in time. But this was t=
he
property where in the open field up front there was just a little pocket of
wetlands right in the field and you can see that the contractor placed two =
topsoil
piles in this area and we also located the edge of disturbance, so the pock=
et
of wetlands had topsoil right next to it, but the good thing is he didn't p=
ile
it into the wetlands.
&=
nbsp; &nbs=
p; The
actual toe of the spill working down behind the property again is outside of
the 50 foot regulated area but he did extend the footing drain and the roof
leader right down to flag 26, so that was installed there, and then for some
reason to get to the back of the property he chose to drive through this ar=
ea
here, so the culverts and they're just 4 inch pbc, were installed there,
there's no actual filling or anything in the rest of this area, so we drew =
up a
narrative to go along with this plan that Moosa had asked us to do and we w=
ill
remove the topsoil, pull it back form that 50 foot area, topsoil and seed,
install the silt fence as required, same thing here, bring the silt fence b=
ack
out, topsoil and seed.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 20
&=
nbsp; &nbs=
p; I
would recommend that you leave the footing drain and the roof drain pipe in
place, it's there now. You'll=
do
more disturbance pulling it out and putting it back, it is just clean water,
the roof water and the footing drain water going into the wetlands so at th=
is
point I would leave those and then we'll just let that grow back in, reseed
that area, and let that re-vegetate in the area, so there were violations,
Moosa caught them and Mr. Magalutti hired us to prepare the plan and try to=
get
everything back in proper order.
&nbs=
p; &=
nbsp; Mr.
Rafey: They applied for a zoning permit a=
nd I
went to check the lot to issue a zoning permit and I noticed that they were
within the wetland area.
&nbs=
p; &=
nbsp; Mr.
Undercuffler: So the house hasn't been built?
&=
nbsp; =
; Mr.
McMorrow: It's under
construction.
&=
nbsp; =
; Mr.
Duplissie: The wetlands t=
hat
are in the front yard, the 50 foot setback area, now is this going to be li=
ke
we had in the past, where as soon as they get the C.O. on this property that
that whole front yard will be turned into a lawn, is this going to be a law=
n?
&=
nbsp; =
; Mr.
McMorrow: Well going back
through the history of the project when we did the subdivision it was to be
left a wetlands. The house wh=
ere we
proposed it on the septic design is almost identical to what was approved by
your Commission for the subdivision for the site plan and again when we sho=
wed
the grading on this we were not showing that the wetlands was to be filled =
in
and it was never made part of your approval during the subdivision or for t=
his
so it should remain wetland in there.
&=
nbsp; &nbs=
p; Mr. Duplissie: So the wetlands will remain wetlan=
ds and
the upland review area will remain as an undisturbed unmowed, no lawn put i=
n,
no pesticides put in that 50 foot upland review area?
&=
nbsp; =
; Mr.
McMorrow: Well we did sho=
w on
the original plan, both the subdivision and the septic that the grading in
front of the house would be along this line right here and I would assume t=
hat
would be lawn in the front there.
&=
nbsp; &nbs=
p; Mr. Duplissie: Can we put something there so that=
we, you
see what happens is that we give a plan, hand it out to the developer, the
developer hands it out to the contractor, the contractor hands it out to the
site man, all it gets lost in the shuffle.=
I think since, in light that didn't happen, you see that disturbed a=
rea,
that line that was supposed to be the extent of the proposed grading, how a=
bout
if we have them put in a small stone wall, I don’t care if it's a foot
high, a foot wide, so that they don’t' go beyond that area again, so =
that
we keep them out of there and so that we don't have that happen again and n=
ot
have to go back there 6 months from now or next Spring or next year that
they've got a mowed lawn right down to the wetlands again.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 21
&=
nbsp; =
; Mr.
McMorrow: I was just look=
ing
for my client and he's shaking his head yes.
&=
nbsp; &nbs=
p; Mr. Duplissie: Beautiful, then that's what we'll =
do.
&=
nbsp; =
; Mr.
Rafey: If you go to the s=
ite,
you will probably notice that there is a wetlands there, it is just a
depression, the area is already grass and . . . . .
&=
nbsp; &nbs=
p; Mr. Duplissie: Do we want to maintain this wetlan=
d or
do we care?
&=
nbsp; =
; Mr.
Rafey: It's up to you.
&=
nbsp; &nbs=
p; Mr. McMorrow: That was a depression out in the h=
ayfields
when I did the subdivision back in 03.&nbs=
p;
I mean it's just a depression.
&=
nbsp; =
; Mr.
Rafey: Maybe you should g=
o look
at it.
&=
nbsp; &nbs=
p; Mr. Duplissie: I like to see it just so we know w=
hat's
on the property and see if it's worth . . . .I mean we've done this in the =
past
where we filled a small wetland too, but it depends on what this (inaudible=
).
&=
nbsp; =
; Mr.
Rafey: I think it's much =
better
to just go and look at it and then come back next month and discuss it.
&=
nbsp; &nbs=
p; Mr. Duplissie: And your client is in favor of put=
ting a
stone wall if we ask for one?
&=
nbsp; =
; Mr.
McMorrow: Yes.
&=
nbsp; &nbs=
p; Mr. Marotta: I see the wetlands restoration pla=
n, and
it says re-establish vegetation, I don’t see any specifics as to nati=
ve plants,
what type of plants will be, what will be re-vegetated with, I assume
non-invasive plants and native plants, but if you could (inaudible) exactly
conservation seed mixes.
&=
nbsp; =
; Mr.
McMorrow: In the area in =
the
back what I would recommend a New England Wetland Mix, because that has abo=
ut
20 different wetland varieties whatever will adapt to that area will grow a=
nd
the others will fade out, but just a New England Wetland Mix would be an id=
eal
use right there.
&=
nbsp; &nbs=
p; Mr. Zawadzki: For both of them?
&=
nbsp; =
; Mr.
McMorrow: Well there's no
actual disturbance in this one so I wouldn't.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Well you had wetlands and review a=
rea
separate.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 22
&=
nbsp; =
; Mr.
McMorrow: Yea, I would ju=
st use
regular conservation mix, seed mix for the lawn area.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Schedule a Site Walk for Application #607 =
of
Roger Magalutti for wetlands restoration on
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #607 of Roger Magalutti =
for
wetlands restoration on Lot #2 Sunny View Farms located on Guernseytown Roa=
d,
Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; D. Application
#608 of Watertown Renewable Power, LLC for construction of a wood burning
electric power plant on Echo Lake Road, Watertown, CT.
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; Terry Meyers, Professional Engineer
& Land Surveyor
&=
nbsp; =
; Mr.
Meyers: This is a 33 acre
parcel located on
&nbs=
p; &=
nbsp; Mr.
Zawadzki: When was that approved?
&=
nbsp; &nbs=
p; Mr. Meyers: I think in 1997. That didn't go forward and so the
initial idea was to come up with a plan for this renewable energy facility
based on what had previously been approved but with less impact and we look=
ed
at several alternatives as to where, what we could do to minimize the impact
because of the logistics and the way that these plants work and one of the
ideas we met with the staff and we talked about whether or not we really
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 23
&=
nbsp; &nbs=
p; You'll
see that the driveway is located here, it's 2 way coming in and then 1 way,
what happens is the trucks come in off of Echo Lake Road, they go through a=
scale
process, they dump the wood chips in here, this is wood pile, it's what they
call a fuel storage area it's got a wall around it but it has an earth bott=
om
so you really don't have any drainage coming out of there, any water that f=
alls
in this area stays within the wood chips.
&=
nbsp; =
; Mr.
Zawadzki: The red area is=
the
wood pile?
&=
nbsp; &nbs=
p; Mr. Meyers: This is the red area which is . . =
. .
&=
nbsp; =
; Mr.
Duplissie: There's no bui=
lding
there.
&=
nbsp; &nbs=
p; Mr. Meyers: No, there's just a containment wall
around it, but it has an earthen bottom and it has piles of wood chips, 60 =
to
70 feet high.
&=
nbsp; =
; Mr.
Marotta: How high is the
containment wall about?
&=
nbsp; &nbs=
p; Mr. Meyers: Well because of the way the slope =
in the
property works, we provided, we have a 75 foot buffer, I believe it's 75, w=
ith
the adjoining property because the Mattatuck Forrest is considered resident=
ial,
so this being an industrial piece of property you have to maintain a 75 foot
buffer so you cant put any kind of structure, whether this is considered a
structure I don't know, but it has a wall so we're considering it a structu=
re,
but a structure without a bottom, so any storm water that falls within it w=
ould
just stay within it.
&=
nbsp; =
; Mr.
Marotta: How high is the =
wall?
&=
nbsp; &nbs=
p; Mr. Meyers: On the low side I believe it's abo=
ut 15
feet high, on the upper side it's 5 feet high. And then the chips pile up over it=
.
&=
nbsp; =
; Mr.
Zawadzki: There's no roof=
on
it?
&=
nbsp; &nbs=
p; Mr. Meyers: There's no roof. What happens is the trucks come in=
, they
get weighed, they dump heir stuff and go through a scale and get weighed ag=
ain,
so basically you have an in and an out here. The difference between this facili=
ty and
what was approved years ago, the building was actually about in the same
location except that we're using a retaining wall around here so that we do=
n't
have any intrusion into the wetland areas along turkey brook. We do have this one finger of wetl=
and
which was proposed to be deleted, that's our only activity, it's 4,000 squa=
re
feet and the reason you have to be able to get in here to work with your
equipment in case they have, they have like a spine that circulates the chi=
ps,
Bill can probably describe it better, I've seen pictures, but I haven't
actually been to see the . . . .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 24
&=
nbsp; &nbs=
p; Bill Carter, Tamarack Energy and <=
st1:City
w:st=3D"on">
&= nbsp; = ; Mr. Carter: Underneath the pi= le are a set of reclaim screws that move back and forth, big augers. Every so often one of the augers g= et jammed so you have to go in with a loader and remove enough wood to get to = it to service it, that's why the impact, that's why we moved it, this area to = be able to run equipment in and move wood chips out and go back in and then put them back. The wood pile is a= n open structure, it has a frame and a tripper conveyor that runs back and forth across the top to maintain a pile of chips that looks like a big pup tent.<= o:p>
&=
nbsp; =
; Mr.
Duplissie: And you store =
these
chips for how long?
&=
nbsp; &nbs=
p; Mr. Carter: Briefly. We'll have 10 or 12 days of chips =
on
site at the maximum, that's what that pile holds.
&=
nbsp; =
; Mr.
Duplissie: And that's all=
the
storage, basically a holding area?
&=
nbsp; &nbs=
p; Mr. Carter: That's our fuel supply, yes, you h=
ave a
pile on site cause you may have a holiday weekend, you may have bad weather=
, so
you need enough fuel to keep the power plant running through those periods.=
&=
nbsp; =
; Mr.
Marotta: How many cubic y=
ards
about does that area hold?
&=
nbsp; &nbs=
p; Mr. Carter: I can't answer that off the top of=
my
head.
&=
nbsp; =
; Mr.
Marotta: How do the wood =
chips
get to the plant?
&=
nbsp; &nbs=
p; Mr. Carter: Over a conveyor. These long lines are a set of conv=
eyors.
&=
nbsp; =
; Mr.
Meyers: They are way up i=
n the
air. They have what they call=
the
hog building, and basically so what you need is room to, and that's why we =
put
the loading here, and the unloading area here, cause you need room to bring=
the
tractor trailers in, and they use not just wood chips, but I guess wood pal=
lets
and stuff too.
&=
nbsp; &nbs=
p; Mr. Carter: They'll all be chips when they arr=
ive at
the site.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 25
&=
nbsp; =
; Mr.
Meyers: With respect to
parking, we don't have that many people working here in comparison to, the =
parking
is around the powerhouse and basically what happens with our drainage is, t=
his
area from here all the way back goes into a 4 bay sediment trap located here
and then into a water quality basin that's located here. The drainage from this area goes i=
nto
this 4 bay sediment trap and then into the same water quality basin, so
(inaudible) because of the elevations and the grades, we're using two 4 bay
sediment traps rather than one and coming at the pond from two different
directions the water quality basin.
We have sewers, we're bringing city water to the site. We have gas too I believe, yea nat=
ural
gas as well. (Tape #2, Side B=
ended
- may have missed some.)
&=
nbsp; &nbs=
p; Mr. Zawadzki: So the only impact is what you show
here.
&=
nbsp; &nbs=
p; Mr. Meyers: We tried that and the issue is if =
we
have to get in here, he'd have to come in from this side with the machine a=
nd
you can't go anymore this way because this is where they bring them in and
there's a loader that has to work its way around here in order to fill this=
.
&=
nbsp; =
; Mr.
Polletta: Where do the as=
hes
end up, on the bottom? The as=
hes of
the wood chips?
&=
nbsp; =
; Mr.
Carter: This is the power=
house
down here. We're burning the =
wood
down here. The ash goes into a
dumpster and leaves the site fro this building.
&=
nbsp; &nbs=
p; Mr. Polletta: How much power do you generate?
&=
nbsp; =
; Mr.
Carter: About 30 megawatt=
s,
30,000 homes.
&=
nbsp; &nbs=
p; Mr. DiBona: Where is going to go?
&=
nbsp; =
; Mr.
Carter: There are a set of
transmission lines up on the hill behind us, we're going to connect to those
that feed into
&=
nbsp; &nbs=
p; Mr. Polletta: So you'll be selling power to them=
?
&=
nbsp; =
; Mr.
Carter: We're a wholesale
producer of electricity, yes.
&= nbsp; &nbs= p; Mr. Undercuffler: Where is Carah's from here again?<= o:p>
&=
nbsp; =
; Mr.
Meyers: Way down the road=
. Maybe about 1,000 feet this way.
&=
nbsp; &nbs=
p; Mr. Polletta: And Carah's doesn't own this land,
right?
&=
nbsp; =
; Mr.
Meyers: No, it used to be=
a
Carah property.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 26
&=
nbsp; &nbs=
p; Mr. Polletta: Is this in that valley over there?=
&=
nbsp; =
; Mr.
Duplissie: Yes, on the le=
ft
hand side, it's the first down on the left hand side.
&=
nbsp; &nbs=
p; Mr. Zawadzki: We've got to go look at it.
&=
nbsp; &nbs=
p; Mr. Meyers: When you go, since the land was cl=
eared
10 years ago, it has gotten like very difficult to walk, so just be
prepared. Dave Lord was out h=
ere
flagging it and my guys were trying to locate it and we had to put traverse
points like every 60, 75 feet, that's how thick it is.
&=
nbsp; =
; Mr.
Duplissie: The little roa=
d is
you can follow that little dirt path going up there, but that's about all y=
ou
can follow.
&=
nbsp; &nbs=
p; Mr. Meyers: It was very difficult for him to r=
eflag
this, he flagged this area back in 96 or 97 and then for him to go back and
reflag it again was very difficult for him.
&=
nbsp; =
; Mr.
Zawadzki: Yea, that's the=
only
are we want to see is where the wetlands are.
&=
nbsp; &nbs=
p; Mr. Meyers: Even though we are planning on fil=
ling
this, we are going to maintain the hydrology fro that by putting in a small=
pipe
with filter fabric around it and more or less a stone, French drain.
&=
nbsp; =
; Mr.
Duplissie: When you put t=
his
building in you're going to have to extend your wall on your high side that=
's 5
feet and your driveway that's your one way going in that's the mountain that
comes down off of (inaudible) how are you going to divert the water that's
coming down off of that?
&=
nbsp; =
; Mr.
Meyers: Well we have storm
drainage in here. There's a s=
wale
that comes down here so we're picking that up and then it comes into the ca=
tch
basins, and those catch basins come here and then go into the pond, so that
system, yea, you can kind of see it we have blown up plans too we didn't wa=
nt
to just leave you with a 60 scale plan but it's easier to see, but if you l=
ook
at this on a larger scale, you see we've picked up the swale that comes down
off the mountain, picking that up, putting it into this system, then going
through here and into the 4 bay and then into the water quality basin and t=
his
drainage because it's so much different is going in that (inaudible).
&=
nbsp; &nbs=
p; Mr. Marotta: How about mitigation plans for your
wetland impacts, do you have that?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 27
&=
nbsp; &nbs=
p; Mr. Meyers: We are proposing, this is going to=
be a
wet bottomed pond in here. We=
have
David Lord looking at this, if there is additional mitigation that you folks
would like to require, I mean I think maybe after you look at the site you'=
ll
say no, we don't want you getting into these areas because it's pretty pris=
tine
right now and by trying to do wetland creation you create more issues than =
not.
&=
nbsp; =
; Mr.
Duplissie: But the high s=
ide of
the property, the other side of the wetlands, any plans for that?
&=
nbsp; &nbs=
p; Mr. Meyers: No.
&=
nbsp; =
; Mr.
Carter: Not yet.
&=
nbsp; =
; Mr.
Duplissie: Not yet. See that's what was m next point
&=
nbsp; &nbs=
p; Mr. Carter: Pretty valuable piece of industrial
property.
&=
nbsp; =
; Mr.
Duplissie: Yea, I know, b=
ut
it's a pretty valuable wetlands too, that's the headwall of Turkey Brook.
&=
nbsp; &nbs=
p; Mr. Meyers: Well the actual watershed of Turkey
Brook here is really not being disturbed.&=
nbsp;
I mean the total wetland area on the property is 7 acres and we're d=
isturbing
4,000 square feet which is a tenth of an acre.
&=
nbsp; =
; Mr.
Polletta: We'll take a lo=
ok at
it on the field trip.
&=
nbsp; &nbs=
p; Mr. Meyers: The bottom of our water quality ba=
sin is
more than 4,000 square feet.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Schedule a Site Walk for Application #608 =
of
Watertown Renewable Power, LLC for construction of a wood burning electric
power plant on
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; &nbs=
p; Mr. Rafey: We don't have a wetlands officer, =
so all
of these applications have to go to someone else to review them.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 28
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Hire a Third Party Review for Application =
#608
of Watertown Renewable Power, LLC for construction of a wood burning electr=
ic
power plant on Echo Lake Road, Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Table Application #608 of Watertown Renewable Power, =
LLC
for construction of a wood burning electric power plant on Echo Lake Road,
Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; E. =
Application
#609 of David Mahaney and Ulla Gibbs for drainage improvement at
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; Terry Meyers, Professional Engineer
& Land Surveyor
&=
nbsp; =
; Mr.
Meyers: I believe we've m=
ade a
determination that this swale is the same swale that Mrs. Gibbs wants to get
fixed, that Atty. Grimes has gotten approval to fix.
&=
nbsp; &nbs=
p; Daniel Mahaney, Attorney
&=
nbsp; =
; Atty.
Mahaney: Mrs. Gibbs' conc=
ern is
how quickly the swale can be corrected so that the water is captured and not
allowed to flow upon her driveway.
It's my opinion in talking to Atty. Grimes that allowing his client =
to
correct the problem would be the most expeditious way in handling it. I've committed to providing Atty. =
Grimes
at his request a letter of authorization for that specific remediation if y=
ou
will, or correction of the swale, but it's Mrs. Gibbs concern about how qui=
ckly
this can all take place. I've=
tried
to explain to her that if we proceed with the application that is presently
before you that I signed and she signed that this may not take place as
expeditiously as it would if Atty. Grimes and his client were allowed to
proceed with the approval (inaudible) as I understand.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Now we have Application #951 appro=
ved so
really you can work it out amongst yourselves. They still need a P & Z approv=
al,
don't they?
&=
nbsp; =
; Mr.
Rafey: I think to fix that
channel they don't have to go to P & Z, because even if they don’t
approve the subdivision they still can do this part.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 29
&=
nbsp; =
; Mr.
Duplissie: Graziano alrea=
dy has
equipment on site on another section of the subdivision, so I think if you =
make
an agreement with them, I think Ted can get Mr. Graziano to say okay we've =
got
approval, but we're going to go in and do this next week, he's got equipment
there on a daily basis so . . .
&=
nbsp; &nbs=
p; Atty. Mahaney: That's my belief also and I tried =
to
explain that to Mrs. Gibbs, however she was still hesitant bout agreeing to
Tabling Application #609.
&=
nbsp; =
; Mr.
Zawadzki: Well it's up to=
you
whether you want to withdraw it or not.&nb=
sp;
In any case we cannot vote on it tonight, so there's one month right
there The next time we could =
vote
on it is on September 13th.
&=
nbsp; &nbs=
p; Atty. Mahaney: We may very well have the work comp=
leted
prior to September 13th.
&=
nbsp; =
; Per=
ly
Grimes, Attorney representing Applicant
&nbs=
p; &=
nbsp; Atty.
Grimes: I need to talk to Mr. Graziano to g=
et his
approval and I've spoke with Atty. Mahaney who said he would (inaudible) to=
do
this work and come off Belden Street, you're right, it's not conditioned up=
on
the subdivision approval so we would hope that this would go away between n=
ow
and the end of the e month.
&=
nbsp; &nbs=
p; Mr. Zawadzki: If I'm right, we can leave it on t=
he
Agenda, we can't approve it tonight, we can table this and it will still be=
in
the process and if you get it resolved, we can withdraw it next month on
September 13th.
&=
nbsp; =
; Atty.
Mahaney: That's what I wo=
uld
recommend, but again I don't want to . . . .
&=
nbsp; &nbs=
p; Mr. Zawadzki: You don't have to withdraw it toni=
ght.
&=
nbsp; =
; Mr.
Duplissie: We have to tab=
le it
anyway because we can't vote on it tonight.
&=
nbsp; &nbs=
p; Mr. Marotta: It would be nice to get that taken=
care
of for her though.
&=
nbsp; =
; Mr.
Rafey: And just for your
information, it's not going to happen next week, it won't happen in a few d=
ays,
because I have to put a legal notice in the paper, I have to send a permit =
to them,
there is a 15 day waiting period and it takes awhile for the paperwork to be
done and then they will be working on this project.
&=
nbsp; &nbs=
p; Atty. Mahaney: Piggybacking on their application
approval I think would happen much quicker for you than just (inaudible).
&=
nbsp; =
; Mr.
Zawadzki: It should, so w=
e'll
just table this.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 30
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #609 of David Mahaney and
Ulla Gibbs for drainage improvement at
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; F. =
Application
#610 of Henlopen Manufacturing for soil remediation on Henlopen property lo=
catd
at
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; James Seifert, Licensed Environmen=
tal
professional, Environmental Resources Management
&=
nbsp; =
; Mr.
Seifert: You've had the
application so I'm assuming you guys have had a chance to take a look at
it. I know it's rather
lengthy. I've been in front o=
f you
guys before on some other work we've done out there over the past 5 years,
mostly investigation related work.
We are in the process now of initiating some remediation work on this
property to actually really finish up the project and really the final piec=
e of
this project. What we're
specifically talking about here is remediation of some impacted soils withi=
n a
wetland on the property and we're obviously anxious to get it done and want=
ed
to try and get your reaction to it.
&nbs=
p; &=
nbsp; Mr.
Marotta: What exactly do you want to do?
&=
nbsp; =
; Mr.
Seifert: We're going to be
removing contaminated soils from a wetland. If you look at the figure here, th=
is
area here is the proposed remediation.&nbs=
p;
This area is contaminated right now with contaminated solvents that =
were
from this facility, the former Henlopen Manufacturing facility. The area we're going to disturb and
remediate is about 14,000 square feet.&nbs=
p;
We're going to b digging down between 1 and 3 and 1 and 4 feet in
depth. We've done extensive
investigation of this area already and based on this investigation we're ve=
ry
comfortable that the dept that we will go is only about 3 to 4 feet, we'll
essentially be creating a brownie pan in this area. Once it's cleaned up it will be re=
stored
in kind as indicated in the application.&n=
bsp;
The work we're doing here, it's required work to comply with the
remediation standards regulations in
&nbs=
p; &=
nbsp; Mr.
Duplissie: And this whole process has already=
been
approved by D.E.P. and you're just looking for our okay to go into the
wetlands?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 31
&=
nbsp; =
; Mr.
Seifert: Yes. Essentially.
&nbs=
p; &=
nbsp; Mr.
Duplissie: (Inaudible) from D.E.P.
&=
nbsp; =
; Mr.
Seifert: Well there is no
D.E.P. approval. This is the =
LEP
lead site, so it's my approval essentially.
&nbs=
p; &=
nbsp; Mr.
Marotta: That entire area is all wetlands
there? That one large, where =
is the
wetland boundaries?
&nbs=
p; &=
nbsp; Mr.
Seifert: No, some of it is not wetlands, bu=
t some
of it is, but the total area to be disturbed is about 14,000 square feet.
&=
nbsp; =
; Mr.
Duplissie: But it's not a=
ll
wetlands?
&nbs=
p; &=
nbsp; Bill
London, Soil Scientist, Environmental References Management
&nbs=
p; &=
nbsp; Mr.
London: I am the soil scientist who deline=
ated
the site. The actual wetlands
altogether is 16,000 square feet when you put in the temporary work space.<=
span
style=3D'mso-spacerun:yes'> This is the wetland boundary right=
here,
so you do have some upland that will also be disturbed about 7,000 squire f=
eet,
a little under and then after the work is all done we have a restoration pl=
an
to return those habitats back.
&=
nbsp; =
; Mr.
Polletta: What are you do=
ing
with that ground that you removed?
&nbs=
p; &=
nbsp; Mr.
Seifert: Some of the soil will be removed o=
ff site
for disposal at a treatment facility, or a siphoning facility depending on =
what
we decide to do on that front. Some
of it will be treated on site in the parking lot area of the facility itsel=
f,
we will run air through it and strip the volatile organics out of it, the
chlorinated solvents out of it.
Once that soil that's being treated on site is clean, the plan is to
return it back into the wetland at depth.&=
nbsp;
The top foot or so is going to be replaced by wetland soil mix
basically, brand new materials. It
may not be possible, but if it is possible in terms of the remediation we p=
lan
to reuse some of that soil in the wetland itself, it came out of the wetlan=
d,
it can go back into the wetland is the way we're looking at it, as long as =
it's
been remediated it can meet the remedial criteria for the State of Connecti=
cut.
&=
nbsp; =
; Mr.
Duplissie: And then you're
going to retest all of this area after you're done, right?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 32
&nbs=
p; &=
nbsp; Mr.
Seifert: The area will be retested after we=
're
done with the excavation. We =
wont'
retest the soil after it's been put back in to the wetland. We will retest it before we would =
ever
put it back into the wetland.
&=
nbsp; =
; Mr.
Marotta: In terms of fede=
ral
wetlands how much federal out of that say . . . .
&nbs=
p; &=
nbsp; Mr.
London: 16,000.
&=
nbsp; =
; Mr.
Marotta: Did you obtain a
Category 2 Army Corps permit to be able to do this?
&nbs=
p; &=
nbsp; Mr.
London: We are just in the process of fili=
ng
that (inaudible).
&nbs=
p; &=
nbsp; Mr.
Seifert: Yea, I think the numbers are on Pa=
ge 12
of the narrative within the application.&n=
bsp;
There is a table there that really kind of lays out the different sq=
uare
footage.
&=
nbsp; =
; Mr.
Rafey: And that entire ar=
ea is
on the Henlopen property?
&nbs=
p; &=
nbsp; Mr.
Seifert: No, it encroaches into the right o=
f way
here for the utility company part of which is on property owned by Solla
Eyelets.
&=
nbsp; =
; Mr.
Rafey: Did you get an agr=
eement
from CL&P to do this work?
&nbs=
p; &=
nbsp; Mr.
Seifert: Yea, we're in the process of getti=
ng
access agreements from Solla Eyelets, from T & M Realty, and also from =
the
utility company. We have exis=
ting
access agreements with them which are being basically updated to include th=
is
new work, so yes we are in the process of doing that now.
&=
nbsp; =
; Mr.
Rafey: Mr. Chairman, this=
is
kind of a significant activity, you should schedule a public hearing.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Yea, we'll have to do a site walk =
too.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. DiBona) to Schedule a Site Walk for Application #610 of
Henlopen Manufacturing for soil remediation on Henlopen property locatd at =
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 33
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. DiBona) to Schedule a Public Hearing for Application #61=
0 of
Henlopen Manufacturing for soil remediation on Henlopen property locatd at =
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to Hire a Third Party Review and Table Application #610=
of
Henlopen Manufacturing for soil remediation on Henlopen property locatd at =
401
Park Road, Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; G. Application
#611 of Erick Weihrauch for construction of a deck and installation of
municipal water and sanitary sewer at 339 Straits Turnpike,
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; Erick Weihrauch, 339 Straits Turnp=
ike,
&=
nbsp; =
; Mr.
Weihrauch: I'm asking for=
a
variance because the deck that I intend to build is 43 feet from the flat
wetlands, I hired a soil scientist who came and flagged the wetlands. This house is presently serviced b=
y a
metal cesspool for septic purposes and I have a sewer line that goes parall=
el
to this property on Straits Turnpike and there is a nipple to tie in. I have spoken to Frank Jodaitis in=
the
Sewer Department and I would like to hook this house up to the sewer line.<=
span
style=3D'mso-spacerun:yes'> In order to get to that sewer line=
there
is an intermittent water course, a storm drain from Straits Turnpike which =
is
need to cross over and disturb about 200 to 300 square feet of this area.
&nbs=
p; &=
nbsp; Mr.
Duplissie: Do you want to see this one?
&=
nbsp; =
; Mr.
Zawadzki: Yea, it's anoth=
er one
I guess that we should look at.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 34
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Schedule a Site Walk for Application #611 =
of
Erick Weihrauch for construction of a deck and installation of municipal wa=
ter
and sanitary sewer at 339 Straits Turnpike,
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #611 of Erick Weihrauch =
for
construction of a deck and installation of municipal water and sanitary sew=
er
at 339 Straits Turnpike,
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; H. Application
#612 of Mahmoud Al-Omari for construction of an addition to an existing
single-family dwelling at
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; Aisha Al-Omari,
&=
nbsp; =
; Ms.
Al-Omari: I would like to=
make
a correction; it's actually a two family home, not a one family home. We would like to make an addition =
of
about 400 square feet to this 2 family house. The expansion will not go into the
wetland area and it will be within the 22 feet setback.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Well it's a 50 foot setback actual=
ly but
you'll be 22.6 feet, the corner of the addition will be 22.6 feet away from=
the
actual wetland flags. Most of=
the
addition is inside the 50 foot regulated area.
&=
nbsp; =
; Ms.
Al-Omari: That’s' correct
&nbs=
p; &=
nbsp; Mr.
Rafey: And what is this addition?
&=
nbsp; =
; Ms.
Al-Omari: A living room a=
nd
expansion actually to a living room, the kitchen both upstairs and downstai=
rs
are tiny so we'd like to configure the inside and add a bedroom and possibl=
y a
living room.
&nbs=
p; &=
nbsp; Mr.
Rafey: I just wanted to know that you wer=
e not
adding another unit.
&= nbsp; = ; Ms. Al-Omari: No, we're not.<= o:p>
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 35
&nbs=
p; &=
nbsp; Mr.
Rafey: You are not changing a two family =
home
to a three family home.
&=
nbsp; =
; Ms.
Al-Omari: No, and actuall=
y the
one family is actually tiny bedroom so we'd like to improve the living space
within and add a living room and possibly a bedroom.
&nbs=
p; &=
nbsp; Mr.
Duplissie: Is this a two story addition?
&=
nbsp; =
; Ms.
Al-Omari: Yes.
&nbs=
p; &=
nbsp; Mr.
Duplissie: The addition is one or two floors?=
&=
nbsp; =
; Ms.
Al-Omari: We will start w=
ith
the one floor. I mean eventua=
lly we
would like to have the two story, but will that have an impact on this
decision?
&nbs=
p; &=
nbsp; Mr.
Duplissie: I don't know, I'm just asking.
&=
nbsp; =
; Ms.
Al-Omari: We would like to
start with the one story, and possibly yes, there are two single, its up and
down so . . . .
&nbs=
p; &=
nbsp; Mr.
Polletta: If you go on the first floor, prob=
ably
go right through the second floor, otherwise you have to take the roof down=
to
do the second floor, so you'll probably have an addition for the first and
second floor. That way it's up
front, you wont have to come back before this Commission.
&=
nbsp; =
; Ms.
Al-Omari: All right.
&nbs=
p; &=
nbsp; Mr.
Rafey: The impact will be the same becaus=
e it
is the same footprint.
&nbs=
p; &=
nbsp; Mr.
Duplissie: Do we want to see this one too?
&nbs=
p; &=
nbsp; Mr.
Marotta: Can you move the proposed addition=
over
to what is that, the west side, so you're father away form the wetlands, or=
no?
&=
nbsp; =
; Ms.
Al-Omari: We tried and ac=
tually
we . . . .
&nbs=
p; &=
nbsp; Mr.
Marotta: (Inaudible.)
&=
nbsp; =
; Ms.
Al-Omari: Yes, that was o=
ne of
the proposals but it actually would be almost double the work if we move it=
.
&nbs=
p; &=
nbsp; Mr.
Rafey: That was my first question, why di=
dn't
they want to move it to the other side.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 36
&=
nbsp; =
; Ms.
Al-Omari: Yes and I went =
back
to my soil scientist and that was the answer he gave us and it's included in
the report.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: This area where the addition is go=
ing,
is that presently a lawn?
&=
nbsp; =
; Ms.
Al-Omari: Nothing really.=
When we purchased it it wasn't rea=
lly
maintained, just tenants there and we're trying to improve on it. You can't even say that there is a=
lawn
over there honestly.
&nbs=
p; &=
nbsp; Mr.
Duplissie: It's just let go.
&=
nbsp; =
; Ms.
Al-Omari: Yea, we're tryi=
ng to
beautify it.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Schedule a Site Walk for Application #612 =
of
Mahmoud Al-Omari for construction of an addition to an existing single-fami=
ly
dwelling at
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #612 of Mahmoud Al-Omari=
for
construction of an addition to an existing single-family dwelling at
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; I. &=
nbsp; Application
#613 of Town of Watertown, Department of Public Works, for Gorham Street
drainage improvement located on Gorham Street, Oakville, CT.
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by October 12, 20=
07.
&=
nbsp; &nbs=
p; Chuck Berger, Town Engineer,
Representing the Department of Public Works
&=
nbsp; =
; Mr.
Berger: The application t=
hat
you have before you, probably the best way to look at it is to go to the la=
st
page, just flip the whole packet right over, and there is an aerial photogr=
aph
showing what we are proposing to do.
We received complaints of flooding on
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Those little squares there?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 37
&=
nbsp; =
; Mr.
Berger: Yea, those are ca=
tch basins,
and instead of discharging the paper street section of
&nbs=
p; &=
nbsp; Mr.
Duplissie: So you're going to excavate the ro=
ad?
&=
nbsp; =
; Mr.
Berger: Excavate the road=
and
down into the detention basin. I
believe that we have about 60 square feet of impact inside the detention ba=
sin
due to the instruction of s plash pad and about 500 square feet of disturbed
area for the construction around the detention basin, construction elated
impact, and .01 acres within the detention basin would be impacted. We did look at alternatives and the
Director of Public Works has determined that this is the best way to solve =
that
flooding on Lisbon Street, to address the flooding problem, I won't say it =
will
solve the flooding problem, but it will take that storm drainage that curre=
ntly
discharges down the paper street into people's back yards and will bring it
down into the detention pond behind the school.
&nbs=
p; &=
nbsp; Mr.
Duplissie: So the wetlands impact is none?
&=
nbsp; =
; Mr.
Rafey: The detention pond=
is a
wet bottomed pond, now it is a wetland and they are discharging this additi=
onal
water into the wetlands.
&nbs=
p; &=
nbsp; Mr.
Berger: So I think we're going to go in an=
d construct
a rip rap outlet protection where the pipe is going to discharge, that's ab=
out
60 square feet of impact. The
construction related impacts around the outside are about 500 square feet of
impact and .01 acres of wetlands in the detention basin.
&nbs=
p; &=
nbsp; Mr.
Duplissie: But if that's the only place the
detention basin where it's actually penetrating the detention basin is the =
only
impact that you're going to have.
&=
nbsp; =
; Mr.
Berger: Yes the rest of t=
he
work will be in the roadway.
&nbs=
p; &=
nbsp; Mr.
Duplissie: Can we vote on this tonight?
&=
nbsp; =
; Mr.
Rafey: No, you have to ta=
ble
it.
&=
nbsp; =
; Mr.
Zawadzki: Do you want to =
see
it?
&nbs=
p; &=
nbsp; Mr.
Duplissie: No, I don't, does anybody else wan=
t to
see it? I'm familiar with the=
site.
&=
nbsp; =
; Mr.
Rafey: If anybody is
interested, they can go and see it on their own.
&nbs=
p; &=
nbsp; Mr.
Duplissie: There are two ponds on the back si=
de of
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 38
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table Application #613 of Town of Watertow=
n,
Department of Public Works, for Gorham Street drainage improvement located =
on
Gorham Street, Oakville, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; =
; Mr.
Undercuffler: What are the
lines? Are these elevation li=
nes?
&nbs=
p; &=
nbsp; Mr.
Berger: Yes, those are (Tape #3, Side A en=
ded -
may have missed some.) GIS mapping.
7. &n=
bsp; Old
Business
&=
nbsp; A. Show
Cause Hearing concerning the Notice of Violation and Cease and Desist Orders
issued to The Bailie Company concerning
&=
nbsp; &nbs=
p; Franklin Pilicy, Town Attorney
&=
nbsp; &nbs=
p; Atty. Pilicy: As you may recall at the last meeti=
ng,
the Commission voted to enter a Cease and Desist Order, and I served it on =
The
Bailie Company and on the invidiously principles of the Bailie Company, and
that Cease and Desist Order we may make it part of this record. But firstly I'd like to just comme=
nt
briefly on the statute under which we are proceeding. General Statute Section 22a-44 is =
the
enforcement statute for violations of wetland regulations and essentially it
provides that when there is a violation of a wetland regulation or a violat=
ion
of a wetlands permit, they cease and desist order may issue by the agency o=
r by
its authorized agent, that order is served upon the offending part or parti=
es
and the agency is required to schedule a commencement of a hearing within 10
days. That has been done. Now within 10 days of the issuance=
of
the order, the agency shall hold a commencement hearing to provide that per=
son
or persons an opportunity to be heard and to show cause why the order should
not remain in effect. The age=
ncy
shall consider the facts presented at the hearing and within 10 days of the
completion of the hearing notify the person by certified mail that the orig=
inal
order remains in effect, that a revised order is in effect, or that the ord=
er
has been withdrawn.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 39
&=
nbsp; &nbs=
p; There
is no requirement that the proceedings be completed tonight nor would I
anticipate that these proceedings would be completed tonight, but just so t=
hat
we're clear on this record, the order itself that was served sites the stat=
ute
that I just referred to and cites also section 13 of your regulations and it
directs that The Bailie Company and the two principles, Brian David and
Constance Davis, to immediately cease and desist all site disturbance and a=
ny
further removal of gravel or earth removal, or any further deposit of concr=
ete,
construction debris, or any other activity at 0 Frost Bridge Road. The order includes a requirement t=
hat a
new application be filed with he agency including a professionally engineer=
ed plan
for removal of all unsuitable material deposited on the site, replacement of
all excavated areas with clean, highest quality gravel material, similar to=
the
gravel earth material excavat=
ed and
removed from the site and a site restoration plan. It also states that following agen=
cy
receive consideration and approval of such a plan, the agency would require=
a
bond with sufficient surety to guarantee completion of the approved restora=
tion
plan, that the Order would remain in effect until the new site plan that wo=
uld
be approved is completely finished and the site is restored. It goes on to state that it appear=
s from
the site investigation that Application #566 has been exceeded and resultin=
g in
the violations of the regulations.
We put in and this was my number and again it’s a very, very r=
ough
approximation and is probably incorrect and overstated, but it states that
there is as much as 200,000 cubic yards of gravel material that may have be=
en
excavated. It states that in =
some
cases this is within 10 to 12 feet of the
&=
nbsp; &nbs=
p; I'll
note, as I'm sure the Chairman will, that there was a site walk so that man=
y of
you, if not all of you have seen firsthand what has occurred at the site.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 40
&=
nbsp; &nbs=
p; There
may be additional reasons to pursue this through court proceedings if we're
unable to reach an agreement on all of the outstanding issues that have to =
be
resolved, but in any event I think that pretty much all I need to say as a
preliminary stage, I think Mr. Berger has been very helpful, he may have so=
me
comments. Again we can hear
preliminary input from the priority owner's attorney Mr. Yorio who is here =
but
again I don't think that we would really be in a position to wrap this up
tonight, but any questions that the agency members have I would encourage y=
ou
to get them into the record so that the attorney for the property owner wou=
ld
have an opportunity to bring answers back here to us.
&=
nbsp; &nbs=
p; Mr. Zawadzki: Thank you for that. I'd like to just read, to refresh
everyone's memory, just read into the record the permit that we issued #566=
. It reads:
&=
nbsp; &nbs=
p; "Conservation
Commission/Inland Wetlands Agency Permit #566, located near Route 8 on fros=
t
&=
nbsp; &nbs=
p; This
approval of permit refers to your application to conduct regulated activiti=
es
in the Town of
&=
nbsp; &nbs=
p; 1. =
Disturbance
of 925 square feet of upland review area for construction of the outfall for
storm water management system.
&=
nbsp; &nbs=
p; 2. =
Disturbance
of 19,000 square feet of the upland review area by removing the existing
pavement, placing loom and seeding.
&=
nbsp; &nbs=
p; 3. =
Disturbance
of 21,344 square feet of upland review area for construction f river greenw=
ay
trail.
&=
nbsp; &nbs=
p; 4. =
Installation
of erosion and sediment control measures within upland review areas.
&=
nbsp; &nbs=
p; 5. =
Discharge
of storm runoff into inland/wetland.
&= nbsp; &nbs= p; The permit is issued subject to the following conditions and/or modifications:<= o:p>
&=
nbsp; &nbs=
p; 1. =
The
permittee shall notify Moosa M. Rafey, assistant Wetlands Enforcement Offic=
e in
writing at least 3 business days prior to the commencement of work onsite a=
nd
upon its completion.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 41
&=
nbsp; &nbs=
p; 2. =
If
the approved activities re not initiated on or before July 20, 2011 said
activities shall cease and if not previously revoked or specifically renewe=
d or
extended this permit shall be null and void. Any request to renew or extend the
expiration date of a permit should be filed in accordance with Section 11 of
the Inland, wetlands and watercourse regulations of the Town of
&=
nbsp; &nbs=
p; 3. =
All
work and all regulated activities conducted pursuant to this approval shall=
be
consistent with the terms and conditions of this permit. Any structures,
excavation, fill, obstructions, encroachment, or regulated activity not
specifically identified and approved herein shall constitute a violation of
this permit and may result in a modification, suspension or revocation.
&=
nbsp; &nbs=
p; 4. =
This
permit is not transferable without the written consent of the Conservation
Commission Inland Wetland Agency.
&=
nbsp; &nbs=
p; 5. =
In
evaluating this application the wetland agency has relied on information
provided by the applicant. If=
such
information is subsequently proved to be false, incomplete or misleading th=
is
permit may be modified, suspended or revoked and the permittee may be subje=
ct
to any other remedies or penalties provided by law.
&=
nbsp; &nbs=
p; 6. =
The
permittee shall employ the best management practices consistent with the te=
rms
and conditions of this permit to control storm water discharges and to prev=
ent
erosion and sedimentation and to otherwise prevent pollution of wetlands or
watercourses. For information=
and
technical assistance contact Moosa M. Rafey, Assistant Wetlands Enrocem4n
officer t 945-5266. The permit
shall immediately inform the agency of any problems involving wetlands or
watercourses that have developed in the course of or are cause by the appro=
ved
work.
&=
nbsp; &nbs=
p; 7. =
No
equipment or material including without limitation fill construction materials debris shall be deposite=
d,
placed or stored in any wetlands or watercourse on or off site unless
specifically approved by this permit.
&=
nbsp; &nbs=
p; 8. =
This
permit is subject to and does not delegate any rights of power to the Town =
of
Watertown, conveys no property rights or exclusive privileges and is subjec=
t to
all public and private rights and to all applicable federal state and local
laws in conducting and maintaining any activities approved herein, the
permittee may not cause pollution, impairment, or destruction of the inland,
wetlands and watercourse of the town of Watertown.
&=
nbsp; &nbs=
p; 9. =
If
the activity approved by the Inland wetland permit also involves activity o=
r a
project that requires state or federal approval, zoning or subdivision
approval, special permit variance or special exception, no work pursuant to=
the
wetlands permit may begin until such approval is obtained.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 42
&=
nbsp; &nbs=
p; 10. The
permittee shall maintain sediment and erosion controls at the site in such =
an
operable condition as to prevent the pollution of wetlands and
watercourses. Said controls a=
re to
be inspected by the permittee for deficiencies at least once per week and
immediately after rain. The
permittee shall correct any such deficiencies within 24 hours and said
deficiency being found. The
permittee shall maintain such control measures until all areas of disturbed
soils at the site are stabilized.
The permittee shall use the 2002 Connecticut Guidelines for soil ero=
sion
and sediment control.
&=
nbsp; &nbs=
p; 11. Zoning
enforcement office, wetland enforcement office and the town engineer must
approve the final plans that reflect all the conditions of approval.
&=
nbsp; &nbs=
p; 12. There=
shall
be no other on site disturbance except what is proposed and approved within=
the
limits of clearing and regulated areas as shown on the final site developme=
nt
plan. This authorization
constitutes the permit required by seciton2 2a-42 of the Connecticut General
Statute as amended.
&=
nbsp; &nbs=
p; Anthony Yorio
&=
nbsp; =
; Mr.
Yorio: I am the attorney =
that
represents The Bailie Company, Brian Davis and Constance Davis. I would echo everything that Mr. P=
ilicy
said here earlier. I in
consultation with my clients, they understand the gravity of this Commissio=
ns'
concern and we share in your urgency to have that remedied. We do not object to the Cease and
Desist. In fact we are in
communication right now with Mathis & Young, the engineers that did the
original site plan. I can tel=
l you
that we have re-engaged their involvement to meet with the D.E.P. requireme=
nts
for a storm water general permit and from there we are looking forward to
working with them or another reengineering group to comply with the site
restoration plan here that would otherwise satisfy the additional permit re=
quirements
that this Commission might require by its cease and desist order. And if I may approach the Committe=
e, I
also did receive a copy of the letter from the D.E.P. enforcement officer, =
he
actually did send in the compliance statement to the D.E.P. on July 31st, by
fax and by regular mail. Appa=
rently
it just had not reached the desk of Ms. Butts, but as you can see in the
compliance statement, we indicate there that we rare doing exactly what I've
said this evening that's re-engaging the engineers and we hope to have the
permits on file at the D.E.P.'s request within 30 days from the date of my
compliance statement. With th=
at
being said, again I would echo the comments of Atty Pilicy. Principally I realize that there m=
ay be
some exaggeration with respect to the cubic yardage. Many of you have been out to the s=
ite
this past weekend, we were there together, you know what you saw and you've
heard from my client about the explanations for the same, so we are where we
are, and as Mr. Pilicy has said, there is a pending superior court action by
both this commission a d the Planning and Zoning Commission but we look for=
ward
to resolving this on the agency level.&nbs=
p;
I think we can reach that resolution if given the opportunity to do =
that
and in fact we look forward to additional visits by Mr. Rafey to the site a=
s we
develop the site restoration plan.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 43
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Okay, I think we've all been out t=
here,
I believe everyone here has seen the site and I think without belaboring it,
you say you've offered to hire a firm to propose a remedial action and that
sort of thing so I think now what we need is a commitment or (inaudible) to
apply for a new permit to do that, of course you have to work out a plan and
come back to us for a permit to complete the remedial work.
&=
nbsp; =
; Mr.
Yorio: That's correct.
&nbs=
p; &=
nbsp; Mr.
Duplissie: I'd like to state that I've been o=
ut to
the site also and I was out there before you started the work and I was out=
there
again today, and again there might have been some exaggeration as to the am=
ount
of material that was removed and the amount of material that was brought in,
but there was no exaggeration to the violation that occurred here. I don't know how long your clients=
have
been in business, but this is just an outright violation and at this point =
we
have to hire somebody, and I'd like to hire a third party review and then w=
hen
we do get something in place, there is also going to be a third party to
oversee this whole site, because what's happened now is we're looking at th=
is
site, and there is yardage that was brought on site, and when I walked the =
site
today, I can't tell when I'm standing on the piles how deep they go, so the=
re
might have been 200,000 yards of material put in, there might have been 500=
,000
yards it depends on how deep they went with this hole. Also with one of the holes on the =
site
that's still there, you can see that they have excavated below the water ta=
ble,
so we have construction debris, we have no idea what's in that construction
debris, we don't' know if there is asbestos, PCB's, in this material, but it
has to be tested, before it's removed, I don’t' think it should be mo=
ved
off this site until some of that material is tested for some contaminants w=
hich
are natural for this type of debris that was brought on site. I think these types of things have=
to be
addressed and I think Atty. Pilicy has to be the one to address these not u=
s.
&=
nbsp; =
; Mr.
Yorio: I think all of tha=
t is
part of the site restoration plan and those are all things that would be
contemplated by any engineer that would undertake the same. I hear and understand your concern=
s and
I think that Mr. Pilicy by virtue of his very thorough Cease and Desist Ord=
er
has outlined what should satisfy this agency to restore that site in
appropriate fashion. It's
comprehensive in the outline for restoration. There are a number of requirements=
for
my client to be able to put together the application but we're going to work
towards that and we're going to do that in as expedient as possible and I k=
now
there may be a hiccup or two along the way in determining what is adequate
restorative material, I think that might be an issue that comes up, but tha=
t is
something that we will work very closely with the agency and compliance her=
ein
forth is our utmost concern, so I understand the agency's concerns and we s=
hare
in the immediacy of the issues.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 44
&nbs=
p; &=
nbsp; Mr.
Undercuffler: I noticed here reading your compli=
ance
statement, in the last sentence you say "also Baillie has already begun
removal of debris near the stream channel encroachment line". I thought no work was to continue.=
&=
nbsp; =
; Atty.
Yorio: I think that was b=
efore
receipt of the cease and desist order but in any event this was prior to yo=
ur
statement my client's compliance statement was filed prior to your site
visitation.
&=
nbsp; =
; Mr.
Undercuffler: It says Aug=
ust
8th, that was yesterday.
&nbs=
p; &=
nbsp; Atty.
Yorio: No sir, that's my cover letter
indicating to the D.E.P. that we had sent it on the 31st.
&=
nbsp; =
; Mr.
Rafey: Is that before the=
cease
and desist order was issued?
&nbs=
p; &=
nbsp; Atty.
Yorio: It is before my receipt of the Cea=
se and
Desist Order. If you indulge =
me for
a moment I could look for the date of the Cease and Desist Order. Actually it was on the very same d=
ay.
The cease and Desist says it was dated on the top July 31, 2007 so
&nbs=
p; &=
nbsp; Mr.
Polletta: Are you talking about the debris t=
hat
was on the roadway when we went in?
&nbs=
p; &=
nbsp; Atty.
Yorio: I can't speak to specifically what
debris was removed, my client told me when we were completing the compliance
statement that he was taking some of the debris out of the site, so forgive=
me
for not having the exact answer to your question.
&nbs=
p; &=
nbsp; Mr.
Duplissie: I wasn't in town last Saturday so I
wasn't on the site walk, but what was the explanation as to why the debris =
was
brought onto the site?
&nbs=
p; &=
nbsp; Atty.
Yorio: I don't know that there was an
explanation for why it was brought there, but there was debate as to whethe=
r or
not all of the debris on the site was brought by Davis and The Bailie
Company. As you may know the
property adjoins some State property there, it's the frequent site of
trespassers and people dumping on the property and ,y clients have to deal =
with
that, but to the extent of what debris is on the site is actually left ther=
e by
third party trespassers or my client, that's what I mean by (inaudible).
&nbs=
p; &=
nbsp; Mr.
Polletta: If I remember correctly, when we w=
alked or
when we drove in, there was like 2 or 3 trucks of stumps and stuff and that=
's
the one that he pointed out that was left on the site by somebody else.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 45
&nbs=
p; &=
nbsp; Atty.
Yorio: It's strewn about the property. Yes, he did say that, but there was
additional refuge and other garbage that was on the site as well.
&nbs=
p; &=
nbsp; Mr.
Polletta: I agree with Mr. Duplissie that at=
the
field trip the debris was all over the place, but I as a member of this
Commission, when I walked Saturday, I've been in construction for many year=
s,
and your client says it was only construction material, I saw metal, I saw
pieces of electrical wires, gauges from boilers, etc., so I have to agree w=
ith
Mr. Duplissie that there could be some asbestos in there, however because
you're so close to the wetlands and the 50 feet, as a Board Member I would =
like
to see all of that debris removed out of the 50 feet and then probably put =
on
the side, and then maybe another Commission will tell you that you can do
something with that, but from the 50 feet setback it should be removed and
probably tested, but the original material should be brought back onto the
site. I don't know how the re=
st of
the Board Members feel, but that's how I feel it should it.
&nbs= p; &= nbsp; Mr. Marotta: I feel the same way as you do. In particular this also stream cha= nnel encroachment lines where prior to any of this work having been done, that permit should have been obtained. Portions of the property are in both the FEMA 100 year and 500 year flood plane so I'd like to see something, a consultation with the D.E.P. on that or potentially the Army Corps of Engineers. A portion of the property is also signified as a D.E.P., it's mapped as a natural diversity database area whi= ch means that at some point there is a rare or threatened or endangered specie= s in that area of concern, so I'd like to see a letter that was submitted to the D.E.P. that outlines what exactly is there and what impact this activity ha= d on that, so there is quite a bit of things that I would like to see in there.<= o:p>
&nbs=
p; &=
nbsp; Atty.
Yorio: Mr. Commissioner, some of your con=
cerns
are actually addressed in the storm water general permit, the requirements =
for
the filing of same so I think that a lot of those things will be addressed =
with
the D.E.P. before we even get approval for the storm water general permit.<=
span
style=3D'mso-spacerun:yes'> And as well as the stream channel
encroachment line permit.
&nbs=
p; &=
nbsp; Atty.
Pilicy: May I suggest that the Commission
consider whether or not there should be a requirement that the equipment th=
at
is on site be ordered removed from the site until there is an approved plan=
in
place to use the equipment. In
between the two dates that I was on the site, I think there has been some m=
inimal
additional activity. There is=
at
least one of the excavation areas where it appeared there was some addition=
al
filling, that may be the one that was dug to a depth below the water table =
and
the areas where we saw tree type debris dumped and so forth but I don't see=
any
need for that equipment to stay there on site, if there is not going to be =
any
authority to use it.
&=
nbsp; =
; Mr.
Zawadzki: I think it's
reasonable, in fact I was out there today and I was told that the equipment=
had
been removed but in fact it's still there so . . . .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 46
&nbs=
p; &=
nbsp; Mr.
Duplissie: When we walked it today we were un=
der
the impression there was no equipment left on site, and we walked it and th=
ere
was equipment on site.
&= nbsp; = ; Atty. Pilicy: There are two bac= khoes and one day when I was out there there was a tractor trailer loaded with the same type of material that is dumped on site, the tree type debris stumps.<= o:p>
&nbs=
p; &=
nbsp; Unidentified
Voice: Okay, that's gone.
&nbs=
p; &=
nbsp; Mr.
Duplissie: There's a D7 on site right now and=
an
excavator.
&=
nbsp; =
; Atty.
Pilicy: Yes, and then the=
re's
another backhoe right by the entrance.&nbs=
p;
But I'm no sure if the Commission has an opinion on that, but it wou=
ld
seem to me that the contractor would be able to use that somewhere else any=
way
in the meantime.
&nbs=
p; &=
nbsp; Atty.
Yorio: It may be an issue that my client =
does
not right now have a storage facility or place to put it, and I don't know =
that
for sure. What I would ask the
Commissioners to do, instead of Atty. Pilicy's suggestion, if you are at all
concerned about the use of the equipment, that maybe some of that could be =
made
part and parcel to the Cease and Desist rather than having to go through the
extraordinary expense of having to remove the equipment from the site and t=
hen
bring it back in 30 or 60 days when restoration might commence.
&=
nbsp; =
; Atty.
Pilicy: Well that might be
fine. I would recommend there=
be
some assurance that there will be no further activity on that site because =
that
is part of the Order.
&nbs=
p; &=
nbsp; Mr.
Duplissie: If they are brought up to the fenc=
e by
the gate, so that there is no activity being done behind the scenes because=
you
have to walk 2,000 feet in order to see the machinery. If they are brought up to the gate=
, lock
them up to the state, so that when we drive by and see the 3 pieces of
equipment, we know that they are not being used inside.
&nbs=
p; &=
nbsp; Atty.
Yorio: I think that's a reasonable compro=
mise,
Mr. Commissioner.
&=
nbsp; =
; Mr.
Zawadzki: I don't know wh=
at the
first day was you were out there but there was no trailer full of debris to=
day,
I know that's gone, so that would indicate some activity.
&=
nbsp; =
; Atty.
Pilicy: July 5th is the d=
ate
that I was there with the Zoning Officer and the Town Engineer.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 47
&nbs=
p; &=
nbsp; Mr.
Undercuffler: He was complaining on Saturday that
since the State doesn't protect access from their property people are coming
through there and dumping, but he hasn't taken steps to block that road that
comes in off of the State. I =
don't
know why he couldn't put some blocks there and block that off so people can=
't
get in.
&nbs=
p; &=
nbsp; Mr.
Duplissie: You can get a fence and gate it of=
f at
the road.
&=
nbsp; =
; Mr.
Undercuffler: Yea, but fo=
r some
reason they can get through the State property onto that road.
&nbs=
p; &=
nbsp; Atty.
Yorio: There is a separate road that serv=
ices
that State parcel and that road terminates essentially on about maybe 500 y=
ards
from the stream bank right up against where that large band of topsoil was =
that
my client was showing you on Saturday.&nbs=
p;
There were some very large construction blocks at the foot of that
driveway and he moved them to the other side of the property but I guess th=
ere were
large mounds of dirt there that he felt would keep trespasses from driving
vehicles to the end of that road, but there really is no way to limit people
coming onto that property with the State leaving that gate open. You were there on Saturday and it =
was
open. In fact we were standin=
g at
the gate waiting for the Commission to show up and I saw a pickup truck par=
ked
next to the State gate and a man got in it with no reason to be in that are=
a,
and he was pulling away and there were two trash cans in the bed of that pi=
ckup
truck which gave us some indication that he was dumping trash onto the State
property, so there are scores of trespassers there, I think there is some
credibility to that, to the argument that there is a lot of debris there bu=
t .
. . .
&nbs=
p; &=
nbsp; Mr.
Duplissie: There is, but it's not the 100,000=
plus
or minus yards of material that have been excavated from the site or debris
that has been brought in, so worrying about 1 or 2 truckloads when we're
talking about 5,000 truckloads is (Tape #3, Side B ended - may have missed
some).
&nbs=
p; &=
nbsp; Atty.
Yorio: I think that's reasonable Mr.
Commissioner.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: So I guess from here we agree that=
we
need a new permit to do the remedial work so is it reasonable to assume that
you could have the engineering firm contracted and prepare a list of what n=
eeds
to be done to fix up the site by our next meeting?
&nbs=
p; &=
nbsp; Atty.
Yorio: I would hope so Mr. Chairman but I=
can't
tell you for sure that that is a reasonable timetable for the engineers.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 48
&nbs=
p; &=
nbsp; Atty.
Pilicy: Continue the Order in effect and t=
hen
just table it until your next meeting and see what happens.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: Yea, like some assurance that they=
'll do
their best even if he has a preliminary report for our meeting on September
13th, some sort of a progress report.
&nbs=
p; &=
nbsp; Atty.
Yorio: Certainly, if you'd like to table =
the
matter under Old Business for a progress report on the ease and Desist, we
would certainly be amenable to that.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: And you'll attend to the matter of=
the
equipment?
&nbs=
p; &=
nbsp; Atty.
Yorio: Yes sir.
&nbs=
p; &=
nbsp; Mr.
Duplissie: And as of this moment the Permit #=
566
that was issued is no longer in effect.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: That's been revoked by the Cease a=
nd
Desist Order.
&nbs=
p; &=
nbsp; Mr.
Marotta: They're going to show exactly wher=
e the
50 foot buffer is, how much material was there and it will be all laid out,
exactly what happened, what occurred, how much . . . .
&nbs=
p; &=
nbsp; Atty.
Yorio: I can't tell you exactly the parti=
culars
of a site restoration plan but I would imagine any reasonable engineer would
have that as part of the plan.
&nbs=
p; &=
nbsp; Mr.
Rafey: Some of the wetland flags that were
delineated before were removed and if a soil scientist goes there to reflag=
those
areas of where the wetlands re and the 50 foot setback from the edge of the
wetlands, where the 50 foot upland review area is, because we don't know wh=
ere
to start the 50 foot upland review area.
&nbs=
p; &=
nbsp; Mr.
Marotta: Was there a wetland delineation do=
ne?
&nbs=
p; &=
nbsp; Mr.
Rafey: It was done for the project.
&nbs=
p; &=
nbsp; Mr.
Marotta: So that should be used as the base=
line
for the 50 foot.
&nbs=
p; &=
nbsp; Mr.
Rafey: But it has to be re-flagged (inaud=
ible).
&nbs=
p; &=
nbsp; Mr.
Marotta: So that wetland may not eve b there
anymore.
&nbs= p; &= nbsp; Mr. Duplissie: The wetlands doesn't exist anymore= . I think he used the original map.<= o:p>
&nbs=
p; &=
nbsp; Mr.
Marotta: I would say use the old data that =
shows
where the wetlands was.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 49
&nbs=
p; &=
nbsp; Mr.
Zawadzki: So that would indicate the area that
needs to be restored too. If =
the
wetlands was actually taken away in some spots, that should be restored with
like material.
&nbs=
p; &=
nbsp; Mr.
Duplissie: I want to make sure that we're not
confused here, it's not just the 50 foot setback area or the wetlands, I th=
ink
that all of the material that was brought on site, all of that demolition
material, they've got bricks, concrete, all of that has to e removed from t=
hat
site because it is in the flood plane and as we can see on one of the holes,
the only one that we have open, is that they are in the groundwater, so it's
not just the 50 foot setback, I want the whole site remediated.
&nbs=
p; &=
nbsp; Mr.
Rafey: For this Commission I think the
regulated area that you're regulations based on your regulations are the
wetlands and the 50 foot upland review area, and then this issue will go be=
fore
the Planning and Zoning Commission, the rest of the property will be enforc=
ed
by the Planning and Zoning Commission.
&nbs=
p; &=
nbsp; Mr.
Zawadzki: But yet our permit did specify no =
other
equipment brought on site (inaudible) read it.
&nbs=
p; &=
nbsp; Mr.
Rafey: In the wetlands or the upland revi=
ew
area.
&nbs=
p; &=
nbsp; Mr.
Duplissie: Or the site it says.
&nbs=
p; &=
nbsp; Mr.
Marotta: In Item 9 it says right here if th=
e activity
approved by the Inlands/Wetlands permit also involved activities or a proje=
ct
that required State or Federal approval, which this clearly needed, a stream
channel encroachment, so none of this work should have even begun because it
needed a stream channel encroachment permit because it's inside the stream
channel encroachment line.
&nbs=
p; &=
nbsp; Mr.
Rafey: It's up to Mr. Pilicy, should we j=
ust
focus on the regulated area for this Commission and the rest of the propert=
y .
. . .
&nbs=
p; &=
nbsp; Atty.
Pilicy: I think we have to let the State D=
.E.P.
focus on their area of jurisdiction and let the Army Corps focus on their a=
rea
of jurisdiction but I think Glenn brought up a point, that if they are into
groundwater, then even if it's outside the setback, it's back within your j=
urisdiction
if they have excavated to a depth of groundwater.
&nbs=
p; &=
nbsp; Mr.
Duplissie: There was groundwater there today,=
with
no rain on this site, we haven't had any substantial rain and there is wate=
r at
the bottom of the pit.
&nbs=
p; &=
nbsp; Atty.
Pilicy: I saw groundwater in one of the
excavation area, the smaller excavation area to the westerly side of the
property.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 50
&nbs=
p; &=
nbsp; Mr.
Duplissie: Towards the rail line?
&nbs=
p; &=
nbsp; Mr.
Duplissie: And it's there today. That water is still at the bottom,=
there
should be no water . . . .
&nbs=
p; &=
nbsp; Atty.
Yorio: So there may be other areas on the=
site
that are subject to your jurisdiction, but again it's up to your agency to
determine your jurisdiction.
&nbs=
p; &=
nbsp; Atty.
Yorio: And again, I think that would all =
be
part of the restoration plan.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Orsini) to Table the Show Cause Hearing concerning the
Notice of Violation and Cease and Desist Orders issued to The Bailie Company
concerning
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
&=
nbsp; B. =
Modification
of Permit #587, Guernseytown Road Project
&=
nbsp; &nbs=
p; Chuck Berger, Town Engineer,
Representing the Department of Public Works
&=
nbsp; =
; Mr.
Berger: We're requesting =
a modification
to previously issued Permit #587 which was issued following the public hear=
ing
held on May 10, 2007. We have=
had
to extend our drainage work that was previously permitted on the Guernseyto=
wn
Road Phase II project. The top
sheet that I handed out to you shows the limits of where we will be extendi=
ng
the drainage down
&=
nbsp; &nbs=
p; Very
quickly, looking at the sheets that follow that cover sheet on the map,
basically what has happened here is we have wetlands right up against the e=
dge
of the road, the 50 foot setback area falls and encompasses the paved secti=
on
of the road and we're digging up the paved section of the road so we have
upland review area impact.
&=
nbsp; &nbs=
p; On
sheet #20 we have 1,575 square feet of wetland impact.
&=
nbsp; &nbs=
p; Sheet
#21, we show two areas, one 141, the other one 278 square feet of upland re=
view
area. That's again all paved road, we're digging up, trench down, replacing=
the
pipe.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 51
&=
nbsp; &nbs=
p; Sheet
#22, there is 2,232 square feet of wetland impact, again all in the upland
review area. If you look very
closely on Sheet #22, at the outfall area, the heavily dark shaded triangle=
at
the very tip of the outfall, that is 17.7 square feet of direct wetland imp=
act.
&=
nbsp; &nbs=
p; These
wetlands were flagged by Cynthia Rabinowitz of ConnSoil and flags picked up=
by
our surveyors and very briefly that's the modification request.
&nbs=
p; &=
nbsp; Mr.
Duplissie: This is only because you're increa=
sing
the size of the pipe?
&nbs=
p; &=
nbsp; Mr.
Berger: We're increasing the size of the
pipe. There is an existing fl=
ooding
problem on Charter Oak Drive now, the previous Guernseytown Road project was
designed to tie into an inadequate system, and looking at that further, that
was just not a good thing to do so we have upgraded the pipe that will addr=
ess
not only the existing flooding problem in Charter Oak as well as accommodate
the drainage coming off of Guernseytown.
&nbs=
p; &=
nbsp; Mr.
Undercuffler: Is this additional construction ar=
ea or
is this just a larger pipe on what you were already planning to do?
&nbs=
p; &=
nbsp; Mr.
Berger: The original design plan showed th=
e
&nbs=
p; &=
nbsp; Mr.
Undercuffler: So you weren't going to previously=
you
weren't going to work on charter Oak?
&nbs=
p; &=
nbsp; Mr.
Berger: Correct.
&nbs=
p; &=
nbsp; Mr.
Duplissie: No, but now that they found the pr=
oblem,
might as well fix it once, rather than doing it twice.
&nbs=
p; &=
nbsp; Mr.
Berger: And part of the problem with that =
is
what was constructed is different than what was approved, as far as the gra=
de
to the pipe. As you got down =
to
Charter Oak it was destined to be inadequate from the time it was put in, b=
ased
on improper installation.
&nbs=
p; &=
nbsp; Mr.
Duplissie: So at this point we can't vote on =
it so
. . . .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 52
&nbs=
p; &=
nbsp; Mr.
Rafey: You can make a decision tonight, i=
t's
just a modification.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Undercuffler) to Approve the Modification for Application #587.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
8. &n=
bsp; New
Business
&=
nbsp; A. Referral
from Town of
&nbs=
p; &=
nbsp; Mr.
Rafey: This is for your information.
&nbs=
p; &=
nbsp; Mr.
Undercuffler: There wasn't anything in the packe=
t.
&nbs=
p; &=
nbsp; Mr.
Rafey: There was a letter (inaudible).
&nbs=
p; &=
nbsp; Mr.
Undercuffler:
What's the deal with
&nbs=
p; &=
nbsp; Mr.
Rafey: They're putting in an addition to =
an
existing building in Middlebury but because we are within 500 feet they hav=
e to
notify us.
&nbs=
p; &=
nbsp; Mr.
Undercuffler: But it had been turned down, so
something changed.
&nbs=
p; &=
nbsp; Mr.
Rafey: By Middlebury? We did look at this, there is no i=
mpact
in
9. =
Communications
and Bills
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. DiBona) to Accept Communications and Bills as presented=
.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
AUGUST 9, 2007
PAGE 53
10. Repor=
ts
from Officers and Committees
11. Repor=
ts
from Staff
None
12. &n=
bsp; Public
Participation
None
13. Adjou=
rnment
&= nbsp; MOTION: (Mr. Duplissie, sec. Mr. Polletta) to Adjourn the Regular Meeting at 11:25 p.m.<= o:p>
&nbs= p; Discussion: None<= o:p>
&nbs=
p; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Regular
Meeting Adjourned at 11:25 p.m.
Respect=
fully
submitted,
James
Zawadzki, Chairman
Conserv=
ation
Commission/
Inland
Wetlands Agency
&nbs=
p; _________________=
_________________