MINUTES
CONSERVA=
TION
COMMISSION/INLAND WETLANDS AGENCY
REGULAR
MEETING
THURSDAY=
, SEPTEMBER
14, 2006 - 7:15 PM
PRESENT: =
; &n=
bsp; =
; Lucia
DiBona
=
&nb=
sp; =
&nb=
sp; Joseph
Polletta
=
; &n=
bsp; =
&nb=
sp; Edwin
Undercuffler, Vice Chairman
ABSENT: &nbs=
p; &=
nbsp; &nbs=
p; Glenn
Duplissie
=
&nb=
sp; =
&nb=
sp; Ron
Jones, Secretary
=
&nb=
sp; =
&nb=
sp; Charles
Thermer
=
&nb=
sp; =
&nb=
sp; James
Zawadzki, Chairman
ALTERNATES PRESENT: =
; Martha
Sturgis
ALTERNATES ABSENT: =
; <=
/span>Peter Peluso
=
&nb=
sp; =
&nb=
sp; Denise
Russ
OTHERS PRESENT: &n=
bsp; =
; Chuck
Berger, Town Engineer
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Moosa
Rafey, Assistant Zoning Enforcement Officer
1. =
Call
Meeting To Order
Mr.
Undercuffler, Vice Chairman, called the Regular Meeting to order at 9:10 p.=
m.
2. &nb=
sp; Roll
Call
Ms.
Allen, Clerk, executed the Roll Call.
Mr.
Undercuffler, Vice Chairman, asked Ms. Sturgis to sit in for Mr. Jones, in =
his
absence.
3. =
Public
Participation
Tony Desimone
Mr. Desimone: =
We are looking at purc=
hasing
a piece of property. The only
concern that we have is . . . . .
Mr. Rafey: I think it's better i=
f we
just add this item to the Agenda.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 2
MOTION:<=
span
style=3D'mso-tab-count:1'> (Mr.
Polletta, sec. Mr. DiBona) to Add Agenda Item 8A, Tony Desimone.
Discussi= on: None<= o:p>
MOTION P=
ASSED
UNANIMOUSLY
Mr. Undercuffler, Vice
Chairman, Closed Public Participation at 9:12 p.m.
4. =
Action
on Minutes
=
A. =
Special Meeting, March 16, 2006
=
B. =
Continuation of Public Hearing, April 20, 2006, App. #544, Donald
Curtiss
=
C. =
Public Hearing, April 20, 2006, App. #547,
=
D. =
Public Hearing, April 20, 2006, App. #546, Patrick Graziano
=
E. =
Public Hearing, April 20, 2006, App. #549, Patrick Graziano
=
F. =
Regular Meeting, April 20, 2006
=
G. =
Continuation of Public Hearing, May 11, 2006, App. #547,
=
H. =
Continuation of Public Hearing, May 11, 2006, App. #546, Patrick
Graziano
=
I. =
&nb=
sp;
Continuation of Public Hearing, May 11, 2006, App. #549, Patrick
Graziano
=
J. =
Regular Meeting, May 11, 2006
=
K. =
Continuation of Public Hearing, June 15, 2006, App. #547,
=
L. =
Continuation of Public Hearing, June 15, 2006, App. #546, Patrick
Graziano
=
M. =
Continuation of Public Hearing, June 15, 2006, App. #549, Patrick
Graziano
=
N. =
Regular Meeting, June 15, 2006
=
O. =
Special Meeting Public Hearing, July 6, 2006, App. #552, Anthony Ca=
ruso
=
P. =
Special Meeting Public Hearing, July 6, 2006, App. #556, Water &
Sewer
=
Q. =
Special Meeting Public Hearing, July 6, 2006, App. #557, Donald Cur=
tiss
=
R. =
Continuation of Public Hearing, July 20, 2006, App. #549, Patrick
Graziano
=
S. =
Regular Meeting, July 20, 2006
=
T. =
Continuation of Public Hearing, August 10, 2006, App. #552, Anthony
Caruso
=
U. =
Continuation of Public Hearing, August 10, 2006, App. #556, Water &=
amp;
Sewer
=
V. =
Continuation of Public Hearing, August 10, 2006, App. #557, Donald
Curtiss
=
W. =
Public Hearing, August 10, 2006, App. #563, Golden Acres, LLC
=
X. =
Public Hearing, August 10, 2006, App. #567, Zohra Rafey
=
Y. =
Regular Meeting, August 10, 2006
&=
nbsp; MOTION: (Mr.
Polletta, sec. Ms. Sturgis) to Approve Items 4A through 4I and Table Items =
4J
through 4Y as presented.
&= nbsp; Discussion: None<= o:p>
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 3
5. =
Pending
Applications
&= nbsp; A. Application #552 of Anthony Caruso for construction of 8-Lot Lakeside Estates Subdivisi= on, Phase II, located on Caruso Drive, Watertown, CT.
&=
nbsp; &nbs=
p; If
the Public Hearing is Closed on September 14, 2006, then a decision is requ=
ired
by November 18, 2006.
&=
nbsp; &nbs=
p; Mr. Undercuffler: I
have a letter to read:
&=
nbsp; &nbs=
p; "Re: Application #552, Anthony Caruso
&=
nbsp; &nbs=
p; September
14, 2006
&=
nbsp; &nbs=
p; The
applicant owner withdraws its inland/wetlands watercourse application on th=
is
date and will resubmit immediately with a waiver of fee except any public
hearing fee which will be paid. We understand
that the public hearing will be noticed and scheduled for the next meeting =
date
in order to keep the application on track.=
We appreciate the Commission's cooperation with this scheduling.
&=
nbsp; &nbs=
p; Thank
you,
&=
nbsp; &nbs=
p; Anthony
Caruso"
&=
nbsp; &nbs=
p; Mr.
Rafey: Just make a motion=
to
accept the letter to withdraw application #552.
&=
nbsp; &nbs=
p; MOTION: (Mr. =
Polletta,
sec. Mr. DiBona) to Accept the Withdrawal Letter for Application #552 of An=
thony
Caruso for construction of 8 lot Lakeside Estates Subdivision, Phase II,
located on
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
B. =
Application
#557 of Donald Curtiss for 13-Lot Bassett Hollow Residential Subdivision, <=
st1:address
w:st=3D"on">
&=
nbsp; &nbs=
p; If
the Public Hearing is Closed on September 14, 2006, then a decision is requ=
ired
by November 18, 2006.
&=
nbsp; Mr.
Undercuffler: We closed t=
he
public hearing on this; do we want to take further action, do we want to
approve?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 4
&nbs=
p; Mr.
Polletta: I think that we have enough inform=
ation,
our engineer is happy with everything we discussed before.
&=
nbsp; &nbs=
p; MOTION: (Mr. =
Polletta,
sec. Ms. Sturgis) to Approve Application #557 of Donald Curtiss for 13-Lot
Bassett Hollow Residential Subdivision,
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
C. Application
#563 of Golden Acres, LLC for construction of 11-Lot Golden Hills Subdivisi=
on
located on
&=
nbsp; &nbs=
p; If
the Public Hearing is Closed on September 14, 2006, then a decision is requ=
ired
by November 18, 2006 unless applicant grants an extension of time.
&=
nbsp; Mr. Undercuffler: We closed this Hearing. I guess all the questions have been
answered.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Ms. Sturgis) to Approve Application #563 of Golden Acres, LLC for
construction of 11-Lot Golden Hills Subdivision located on Litchfield Road,
Watertown, CT subject to standard conditions.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
D. Application
#570 of
&=
nbsp; If
the Public Hearing is not held, then a decision is required by October 14,
2006.
Jim Petroccia, Volunteer Site Engineer
Mr. Petroccia: I think that we've exp=
lained
this before and there was some things that weren't completed and we submitt=
ed
the information and the data required.&nbs=
p;
I think it should be okay.
Mr. Undercuffler: So this September 14t=
h memo
is to answer the remaining questions?
Mr. Petroccia: Yes.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 5
Mr. Undercuffler: Maybe you'd just want=
to
touch on these. It's the first
we've seen these.
Mr. Petroccia: These were prepared by
another volunteer.
Mr. Polletta: Jim, did you answer s=
ome of
the concerns that the engineer asked?
Mr. Petroccia: Yes, these answer all =
the
concerns that they had prior to now.
Mr. Berger: At the back of the
information you received in your packet is a September 8th memo from
myself. In the packet you have
dated September 14th from the applicant addresses the items contained in th=
at
memo. Just to briefly recap, =
the
detention for this site is what is, there are significantly increased
impervious areas associated with the application and how the applicant was
going to deal with that is what has held this up over many months at this
point. The applicant has prop=
osed a
detention pond off their property and partially within wetland areas and th=
at
is what is before you now. Th=
ey
have submitted the calculations that show that the detention pond in that
location will result in no increase in runoff. Due to the increased impervious ar=
eas
there will be increased wetland impact because the detention pond is locate=
d in
wetlands, however it is pretty, it is 340 square feet, I believe is what is
shown on this memorandum.
A couple of technical =
items
that I'll just mention real quickly.
One of my previous concerns was the cross section of the detention b=
asin
berm. The Town's subdivision
standards require a 15 foot top width and 3:1 side slopes on the detention
pond. And that is for the det=
ention
pond that the Town is going to be responsible when the project is done to
operate and maintain. What the
applicant has proposed here is a cross section significantly less than what=
the
subdivision standards require, however this is not a detention pond that the
Town is going to be responsible for maintaining. The applicant will be responsible =
for
ensuring that it's maintained properly and they have prepared a maintenance
plan as part of the package and they did increase the level of freeboard to
what I required, the 1 foot of freeboard, they did comply with that request,
but in an effort to decrease the wetland impact, they decreased the footpri=
nt
of the detention pond but it will be their, it will be under their ownership
and their responsibility to maintain, the Town won't have anything to do wi=
th
that.
Ms. Sturgis: <=
/b>I have a question abou=
t what
you said about the impact to the wetlands.=
I'm a little confused. Is it
a direct impact to the wetlands?
Mr. Berger: Yes, and I believe it=
's 340
square feet. That's for the f=
ill
for the detention basin berm that's going to be constructed. I think you've done a field walk on
this.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 6
Mr. Rafey: 340 square feet is a
permanent impact and there is also some temporary impact during the floodin=
g of
detention pond, some areas will be flooded temporarily, but this is the
permanent impact, 340 square feet.
Mr. Berger: This is in the area, =
and I
don't know the direction, maybe Mr. Petroccia, it's in one of the back corn=
ers of
the property, down over the hill, which is probably in the northern corner =
of
the property where the detention pond is located.
Mr. Petroccia: Yes, the northeast cor=
ner.
Mr. Berger: A couple of the
alternatives that the applicant looked at included the detention pond up on=
top
of the school property out in back of the school, but that's an area that is
used regularly by the school for functions, for their carnival, for a bunch=
of
different items so that alternative was ruled out. The other alternative that was loo=
ked at
was installing a significant number of infiltrator units up on that level w=
hich
was ruled out, for a number of reasons, not the least of which was cost.
Mr. Petroccia: Yes, the cost.
Mr. Polletta: When we went on the f=
ield
trip there was a lot of debris, you said that was going to be cleaned, righ=
t?
Mr. Petroccia: Yes, absolutely.
Mr. Polletta: And they improved the
wetland area.
Mr. Petroccia: Yes.
Mr. Polletta: So Chuck, do you feel=
confident
that you can work as far as this?
Mr. Berger: Yes, I think if you wa=
nted
to move forward with it subject to mine and Moosa's final review because th=
ese
changes have not been incorporated on a final plan for us to act on. The plan is in developing stages.<=
span
style=3D'mso-spacerun:yes'> There is also a site plan review w=
hich
will be underway at the Planning and Zoning level which will bring it all
together.
Mr. Undercuffler: Now it sounds like th=
ere
are two engineers involved, you and another engineer?
Mr. Petroccia: Yes. And an architect also. All volunteers.
Mr. Undercuffler: Who will be following=
to
make sure that this is all, the plans are followed? Is that you, is that your function=
?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 7
Mr. Petroccia: I'm one of them, yes, =
but
we're going to have a contractor of course and he's going to make sure the =
work
gets done.
Mr. Undercuffler: But from an engineeri=
ng
standpoint, who is going to keep an eye on it?
Mr. Petroccia: I would most likely be the one.
Mr. Polletta: As long as our engine=
er can
contact one individual and make sure things get done.
Mr. Petroccia: He can contact me. I was a former Town employee for 40
years and so I'm known, I know the ropes.
Mr. Rafey: Mr. Chairman, the rep=
ort
that we received kind of responded to the questions that Chuck Berger and
myself had including I asked for an erosion and sediment control plan, they
submitted that here, but these should be incorporated into the site plan af=
ter
Mr. Petroccia finishes the final plan.&nbs=
p;
If the Commission wants to make a decision on this, you can put a
condition that all of these issues should be incorporated into the final pl=
an
and be reviewed and approved by staff.
Mr. Undercuffler: I agree.
Mr. Polletta: =
When you say subject to
regular conditions . . . .
Mr. Rafey: Yes, standard conditi=
ons
and also what I mentioned.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Ms. Sturgis) to Approve Application #570 of St. Mary Magdalen
Church Corporation for an addition to St. Mary Magdalen School at 140
Buckingham Street, Oakville, CT subject to standard conditions and the final
plan should be reviewed by staff and the information be incorporated into t=
he
final plans.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 8
&=
nbsp; E. =
Application
#571 of Town of
&=
nbsp; &nbs=
p; If
a Public Hearing is not held, then a decision is required by October 14, 20=
06.
Chuck Berger, Town Engineer, On Behalf of the
Department of Public Works
Mr. Berger: I
provided a brief overview at the last meeting, I don’t believe a field
visit or a public hearing was scheduled.&n=
bsp;
If there are any questions, I'd be happy to answer them or give a qu=
ick
overview again if the Commission would like.
Mr. Undercuffler: I think we were prett=
y well
satisfied the last time around.
Mr. Polletta: =
This is not the big cu=
lvert,
it's the one after that, the second one, if you go from
Mr. Rafey: This is the second
crossing.
Mr. Berger: There's a cone out the=
re at
the edge of the road where it's beginning to fail. It marks its location pretty well.=
Mr. Polletta: This was already disc=
ussed
and needs to be done.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. DiBona) to Approve Application #571 of Town of Watertown Public Works Department for
replacement of a drainage culvert under Ice House Road, Watertown, CT subje=
ct
to standard conditions.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
F.&n=
bsp; =
;
Application #573 of Heritage Development
Group, Inc. for construction of Age Restricted Planned Residential Developm=
ent
on Bunker Hill Road, Watertown, CT.
If
a Public Hearing is not held, then a decision is required by October 14, 20=
06.
Mr. Houlihan: We're just back here I guess after =
our
site walk to schedule a public hearing and also I've been talking to Mr. Ra=
fey
regarding the third party review proposal which I've read and we do accept.=
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 9
Mr. Undercuffler: You've gotten the September 13th?
Mr. Houlihan: Yes,
I was given a copy.
Mr. Undercuffler: Well I don't think there's too much=
to
talk about here unless someone has a major question.
Mr. Polletta: No, I think what we ought to do we =
have
to schedule a public hearing.
Mr. Rafey: =
This is an estimate that we receive=
d from
Land Tech Consultants regarding a third party review of this application and
the total amount is $15,000. =
And
they also suggested that if we want Chris Allen to be present at one of our
meetings or two, there is an additional charge of $650 per night meeting an=
d I
suggest that we should have him here in case there are any questions regard=
ing
this application so we don't have to wait another month for the answers.
Mr. Houlihan: Sure, we'll do that. Now this work, this is not a hard
proposal, right, it's an estimate, so he's going to charge against it, so i=
t'
going to be a little more, a little less.
Mr. Rafey: =
Yes.
Mr. Houlihan: That's fine. We'll also provide the $15,000 plu=
s the
2 meetings, and we'll cut the check right away.
Mr. Rafey: =
Write the check to the Town of
Mr. Berger: I
think #3 addresses all the things that I had requested be added so it's
satisfactory.
Mr. Undercuffler: I can't think of anyth=
ing.
Mr. Polletta: =
But
if the engineer and Moosa has any additional stuff that we don't see, and if
you should add it, if we need it to make a decision.
Mr. Rafey: = Basically what I asked him to do he= re is cover all of the requirements of our regulations, the wetland regulations.<= o:p>
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 10
Mr. Polletta: No, but you asked if there was any
additional things that we wanted.
Mr. Rafey: =
Of course, if you want to add somet=
hing
to this list you can.
Mr. Polletta: And I'm saying if we don't think of
something, you think of something, maybe you add it.
Mr. Rafey: =
Yes.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. DiBona) to Table and Schedule a Public Hearing for Appli=
cation
#573 of Heritage Development Grou=
p,
Inc. for construction of Age Restricted Planned Residential Development on =
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
6. &n=
bsp; New
Applications
&=
nbsp; A. Application
#574 of Brett Zuraitis 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 November 18, 2=
006.
&=
nbsp; &nbs=
p; Brett
Zuraitis,
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I'm here with my
mother, who I'm building the addition for.=
My father can't be here because he's ill. There seems to be some misundersta=
nding
and misplacement of file. I
received a letter today from Mary Barton, former Inland/Wetlands Enforcement
Officer. I'm hoping that this=
will
clear it up. If it doesn't cl=
ear it
up, I'm willing to answer any questions and proceed with my presentation for
the application but I believe this basically straightens out what happened.=
&=
nbsp; &nbs=
p; Mr. Undercuffler: =
I
don't understand, I don't see that it's a non-regulated activity, I don't
follow that.
&=
nbsp; &nbs=
p; Mr. Rafey: I think Mr. Zuraitis ad=
ded an
addition to an existing single family dwelling within the 50 foot setback a=
rea
of the brook that runs behind their property and the edge of that addition =
is
35 feet from the edge of the brook, and it is within the 50 foot setback ar=
ea.
&=
nbsp; &nbs=
p; Mr.
Polletta: You want to add=
it or
it's already added?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 11
&=
nbsp; &nbs=
p; Mr. Undercuffler: But why would it be, I mean this le=
tter
says it's a non-regulated activity.
&=
nbsp; &nbs=
p; Mr.
Polletta: Is this addition
already built, or is going to be built?
&=
nbsp; &nbs=
p; Mr. Zuraitis: The foundation is in be=
cause
I've already received the building permit, I received the zoning permit for=
it,
I received a comment from the previous authorized agent to be able to do
this. The argument that I mad=
e was
that under Section 22a 42 of the State Statutes (2c) the regulated, I'm doi=
ng
no work in the watercourse, there is no likely impact on the watercourse, b=
ecause
there was already an existing stone wall there, there was a deck that was
there, there was a stairway that was there, and there was a small roof over,
okay, so I met with Mary out at the site, we went over it, okay, and I
proceeded to go from that. I'=
m kind
of like stuck in the middle right now between . . . .
&=
nbsp; &nbs=
p; Mr.
Polletta: Make me underst=
and,
in other words there was already an addition to the house, like a roof and
porches, so you did not exceed whatever was before?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I've gone bigge=
r than
what was there before except the stone wall, I'm basically following the ed=
ge
of where the stone wall. (Tap=
e #3,
Side A ended - may have missed some.)
&=
nbsp; &nbs=
p; Ms. Sturgis: You dug the foundation?=
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I've dug the
foundation. In comparison to =
what
was originally talked about, okay, it was going to be a full foundation, ok=
ay,
we went with a crawl space (1) because the spoils and stuff I have no place=
to
put them, okay, the erosion and sediment control I went over with Mary, it =
has
a silt fence, it has wood chips in front of it. In 2005 I was on the property, we
cleared the area, we had a number of dead trees down through there, okay.
&=
nbsp; &=
nbsp; Mr. Polletta: So your footings and
foundation, they're already up?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: They're already=
up.
&=
nbsp; &nbs=
p; Mr. Polletta: How can he get a buildi=
ng
permit to construct this and now he has a problem with the wetlands? Why was it not picked up before th=
is?
&=
nbsp; &nbs=
p; Mr. Undercuffler: =
This
is the Fire District.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 12
&=
nbsp; &nbs=
p; Mr. Rafey: The problem is the prop=
erty
is located in the Fire District.
They applied for a zoning permit, they issued the zoning permit with=
out
looking there. What happened =
is
somebody in that neighborhood called me on this that Mr. Zuraitis is filling
wetlands on his property so I went there and I talked to Mr. Zuraitis senio=
r, and
if you look at the plot plan in your packet, this shaded area is the new
addition, and in addition to this foundation that's already in place, there=
are
some drainage plans around this area (inaudible).
&=
nbsp; &nbs=
p; Mr.
Zuraitis: Right, there is
temporary construction work, great pains were taken to not impact around as
much as possible. Also we lef=
t the
grass up there as a buffer in case any siltation flowed through, it would h=
ave
to flow through the grass. Gr=
eat
pains were taken to make sure that the whole site wasn't disturbed.
&=
nbsp; &nbs=
p; Mr. Undercuffler: You started out by starting to quot=
e some
State Statute, what was that all about, can you just finish your comment on
that?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I'm just quotin=
g what
the wetland act specifically says.
&=
nbsp; &nbs=
p; Mr. Undercuffler: Yea well do it again, I didn't catc=
h all
of that.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: What it basical=
ly
says, I have a copy, is that you have to have a likely impact to be able to
regulate above the watercourse or the wetlands. Likely being probable. Having gone over this with your
authorized agent, it was determined that there was no likely impact and tha=
t's
why we ended up with this. Th=
ere
was supposed to be a file, she received a copy of this, I went through this=
.
&=
nbsp; &nbs=
p; Mr. Undercuffler: But you didn't get a permit?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I didn't have t=
o get
a permit because it was an agent's determination and that's why I provided =
the
letter today.
&=
nbsp; &nbs=
p; Mr. Rafey: But the wetland regulat=
ions
of the Town of
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I'm not disputi=
ng what
should have been, could have been, all I'm saying is we went over it, I got=
a
permit.
&=
nbsp; &nbs=
p; Mr. Undercuffler: You did get a permit?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I have a zoning
permit, yes. And I have a let=
ter
stating from your authorized agent that she approved this.
&=
nbsp; &nbs=
p; Mr. Polletta: You do have a building
permit?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 13
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I have a buildi=
ng
permit, I have a zoning permit, I'm I the middle of construction and to fin=
ish
my comment at this point it would be in the best interest for me to continue
work to get grass back on the slope and not have some type of disaster. I was asked by Moosa to stop work,=
I've
stopped work at this point and I'm kind of stuck between a rock and a hard
place on this.
&=
nbsp; &nbs=
p; Ms. Sturgis: If Mary Barton has said=
that
she determined it was a non-regulated activity and did not require CCIWA ac=
tion
and she said this, but now I don't see a legal signature here but I'm assum=
ing
she did sign it.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Well there =
was
one here.
&=
nbsp; &nbs=
p; Ms. Sturgis: Yea, it didn't show up,=
and I
don't know what we can do.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: I met with Mary=
a
number of times from the Fall of basically 2003 into January of 2004. I have a copy of your meeting date=
s, I
mean I still have the copy of those meeting dates, we kept on going over th=
is.
&=
nbsp; &nbs=
p; Mr. Polletta: Did you have a wetland
scientist flag this? He did i=
t now,
not before, you never did it?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: It didn't have =
to be,
it's a watercourse, it's not a wetlands, so the banks are there, I also have
pictures. This property has b=
een disturbed
probably a minimum of 3 times in probably the past 30 years when they rebui=
lt,
I have pictures of machinery all over it, soil conservation service went in
there, we rip rapped the whole channel, this is all basically cut fill mate=
rial
that's always been down through there over the past "x" amount of
time.
&=
nbsp; &nbs=
p; Mr. Polletta: So the question is this=
35
feet here?
&=
nbsp; &nbs=
p; Ms.
Sturgis: Well it seems to=
me if
Mary said to him it's non-regulated, what are we going to do?
&=
nbsp; &nbs=
p; Mr. Undercuffler: Do we want to go take a look at it?=
&=
nbsp; &nbs=
p; Mr. Rafey: Mr. Zuraitis has submit=
ted an
application, it's in front of you now.&nbs=
p;
If you want to go and look at this, it is within the 50 foot setback
area and that was regulated by the wetland regulations of the Town of
&=
nbsp; &nbs=
p; Mr.
Polletta: But I think if =
Mr.
Zuraitis has a building permit to do this, and what can we do, he's got the
foundation up?
&=
nbsp; &nbs=
p; Mr. Undercuffler: We have had other applications where
there's been a building permit and an application after the fact and we went
and took a look at it.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 14
&=
nbsp; &nbs=
p; Ms.
Sturgis: It seems to me i=
f Mary
Barton said . . . .
&=
nbsp; &nbs=
p; Mr. Undercuffler: Well she's not even here anymore so=
I
don't think we ought to get hung up on her.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: But she was the
authorized agent at the time. And I
kept Mary informed, I mean I'll make this a longer presentation than I actu=
ally
have to, cause I tried to keep her informed, we didn’t do it, we didn=
't
proceed with the construction of the Fall of last year because everybody kn=
ows
we had the 100 year storm in October, so it didn't proceed then, we come in=
to
Spring, we had more rain, my machinery was put there basically in June, it'=
s on
the corner of Litchfield Road and Hawley Street, this is not something that=
I'm
trying to hide or could hide, I'm not in the middle of the woods. But for the sake of unstable soil =
I do
have the erosion controls up, it would be in the best interest of the
Commission in my opinion to allow me to proceed with the construction and
stabilize the slopes to get grass in.
&=
nbsp; &nbs=
p; Mr. Undercuffler: Well you can go ahead and stabilize=
the
slopes without proceeding with construction.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: It's a little h=
ard
because I don't have a definitive thing from this Commission of whether that
foundation is going to stay or not.
I've stabilized, let me pass to some pictures.
&=
nbsp; &nbs=
p; Mr. Undercuffler: =
I
don't think what Mary did here stands because it doesn't follow the
regulations.
&=
nbsp; &nbs=
p; Mr.
Polletta: The thing is be=
cause
he already has a building permit, and not only does he have a building perm=
it,
the footings and the foundations are up.
&=
nbsp; &nbs=
p; Mr. Undercuffler: But we've seen, we've had other
applications the same way, what's the difference?
&=
nbsp; &nbs=
p; Mr.
Polletta: Is this the one=
that
has like the antique shop in it, no?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: Yes. I'm moving my parents into this pr=
operty
because we've looked into putting stair glides in, they don't work, because=
of
the stairs. We looked at putt=
ing
the stair glides into this house but the stairway is too narrow, the only w=
ay
to get them on one floor (inaudible).
I have congestive heart failure is basically put the addition on
here. That's what I've been t=
alking
to everybody about. This is w=
hat
the site presently looked like, start here and you can (inaudible).
&=
nbsp; &nbs=
p; Mr. Polletta: So by looking at this
foundation, where is the brook, on this side?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 15
&=
nbsp; &nbs=
p; Mr.
Zuraitis: Yes, you can se=
e it
better in here. The brook is =
over
here, technically not even on my property, so I actually think it might be =
farther
away but I would basically (inaudible) never really surveyed because it's n=
ot
on my property. As you can se=
e I
left the vegetation around it to act as an additional buffer.
&=
nbsp; &nbs=
p; Mr. Polletta: The main thing is all t=
his
(inaudible).
&=
nbsp; &nbs=
p; Mr. Rafey: It's all within the 50 =
foot
setback area including part of the foundation.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: Right, there is=
construction,
there is a temporary construction.
&=
nbsp; &nbs=
p; Mr. Polletta: But what Moosa said, se=
e all
the debris you have, you have pretty good pictures so we can see, is there =
any
way you can remove some of this dirt that is right now within this?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: Basically this =
dirt
here is the height where it was here, except for right in this area here, a=
nd
at this point the answer is no because of the depth of the foundation becau=
se
of the taper of the way the foundation falls off.
&=
nbsp; &nbs=
p; Mr. Polletta: I think we better go lo=
ok at
it.
&= nbsp; &nbs= p; Mr. Undercuffler: I think we = should look at it because then we can see also what is going to be done . . . . .<= o:p>
&=
nbsp; &nbs=
p; Mr. Polletta: Like the Chairman said,=
we had
other situations like this where we went to look at it and . . . .
&= nbsp; &nbs= p; Mr. Zuraitis: This is the (inaudible) debris in front of the siltation fence. Basically I'm not going to, I don't believe it's, I believe it's in the best interest to allow me to continue.<= o:p>
&=
nbsp; &nbs=
p; Mr. Polletta: Well we're not saying
anything, just we should look at it because in the past we had similar
conditions like this and we took a field trip and then we came up with a go=
od
idea.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: But did they pr=
ovide
you a letter from your previous authorized agent?
&=
nbsp; &nbs=
p; Mr. Polletta: Some of them did, some =
they
built pools in the wetland with a permit.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: I don't thi=
nk
that letter stands because the regulation, it opposes the regulations.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 16
&=
nbsp; &nbs=
p; Mr. Polletta: We'll go on the field t=
rip
and look at it.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: If you're
concerned about the soil, the stabilization, you can throw some hay or
something like that on it in the meantime.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: But by the time
October comes we won't be able to grow grass, and that's what I'm more
concerned about.
&=
nbsp; &nbs=
p; Mr. Undercuffler: Throw some grass seed on it. Put some rye grass on it.
&=
nbsp; &nbs=
p; Mr. Polletta: Try to remove it a litt=
le bit
from the wetlands where you filled in.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: It's not, I hav=
e to
keep on stopping. We're not t=
alking
about wetlands, we're talking about a watercourse and I'm going to go back =
to
my previous thing and I understand that you would like to take a look at th=
is
and I'll leave it at that, but the decision was made under the Statute of it
wasn't likely going to impact the watercourse, and it doesn't impact the
watercourse one bit. Thank yo=
u.
&=
nbsp; &nbs=
p; Mr. Polletta: I think you're caught i=
n the
middle and I understand and if we look at it we can come up with something.=
&=
nbsp; &nbs=
p; Mr.
Undercuffler: How do you =
know
that's not wetlands along there?
&=
nbsp; &nbs=
p; Mr.
Zuraitis: Because it's be=
en
cut, filled and I can provide documentation of what's gone on there, and I =
left
the brush, again the vegetation is up, was left on purpose to act as another
filter.
&=
nbsp; &nbs=
p; Mr. Polletta: The question the Chairm=
an had
was how do you know it was not wetlands, and probably was never flagged.
&=
nbsp; &nbs=
p; Mr. Zuraitis: I was told by Moosa I d=
idn't
have to at the time I filled this out.
&=
nbsp; &nbs=
p; Mr.
Polletta: (Inaudible) fla=
gged
if it is wetlands.
&=
nbsp; &nbs=
p; Mr.
Zuraitis: He did not ask =
me for
the soil scientist.
&=
nbsp; &nbs=
p; Mr. Rafey: I noticed that the foun=
dation
was in the regulated area, that’s enough for me to send Mr. Zuraitis =
in
front of you and submit an application, wetlands or not.
&=
nbsp; &nbs=
p; Mr. Undercuffler: Yea, well let's plan on a site walk=
.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 17
&=
nbsp; &nbs=
p; MOTION: (Mr.
Duplissie, sec. Mr. Polletta) to Table and Schedule a Site Walk for Applica=
tion
#574 of Brett Zuraitis for construction of an addition to an existing
single-family dwelling at
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
B. =
;
Ap=
plication
#575 of Domenic Mazzettini for construction of a single family dwelling on =
Lot
#268 - 271 Russell Avenue,
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by November 18, 2=
006.
=
; &n=
bsp; Mr.
Undercuffler: H
&=
nbsp; &nbs=
p; Domenic
Mazzettini, Lot #268-271 Russell Avenue,
=
; &n=
bsp; Mr.
Mazzettini: Pretty much I just want to build a
single family home. It's above
level. There is not going to =
be
anything below ground. It wil=
l be
an above ground basement and first floor.
=
; &n=
bsp; Ms.
Sturgis: You mean there's no foundation?
=
; &n=
bsp; Mr.
Mazzettini: There's going to be a foundation, but i=
t's
not going to be below ground level.
=
; &n=
bsp; Mr.
Undercuffler: No basement.
=
; &n=
bsp; Mr.
Mazzettini: Right.
=
; &n=
bsp; Mr.
Polletta: Will there be a crawl space?
=
; &n=
bsp; Mr.
Mazzettini: No, I believe it's slab.
=
; &n=
bsp; Mr.
Undercuffler: Well it sounds like maybe we ought=
to
take a look at this at the same time.
=
; &n=
bsp; Mr.
Rafey: Is the road in front of this lot paved?
=
; &n=
bsp; Mr.
Mazzettini: It's paved right up to about halfway pa=
st the
lot, a little bit past the driveway where it's proposed.
=
; &n=
bsp; Mr.
Polletta: Is it a paper street?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 18
=
; &n=
bsp; Mr.
Mazzettini: The rest of it is, past the driveway it=
's a
dirt road.
=
; &n=
bsp; Mr.
Polletta: Our regulations say what, you have=
to be
75% on the front of the lot, right?
=
; &n=
bsp; Mr.
Rafey: 50%.
=
; &n=
bsp; Mr.
Polletta: So he meets the regulations?
=
; &n=
bsp; Mr.
Rafey: Plus a hammerhead at the end.
=
; &n=
bsp; Mr.
Mazzettini: Well I'm not sure cause it's always
parked on by somebody, there's always a dump truck there so I'm not sure how
far it actually goes back, the road.
=
; &n=
bsp; Mr.
Polletta: Where is
=
; &n=
bsp; Mr.
Mazzettini: Off of Woodbine. Past 711.
=
; &n=
bsp; Mr.
Undercuffler: There is an area map here, Joe.
=
; &n=
bsp; Mr.
Polletta: Okay, then we should go look at th=
is
too, then, right?
=
; &n=
bsp; Mr.
Undercuffler: Yea.
=
; &n=
bsp; Mr.
Rafey: Mr. Mazzettini, I faxed you a copy of a memo that I (inaudible) bunch=
of
things that I'm looking to get from you, if you can provide that information
before the next meeting. If y=
ou
have any questions you can come to my office tomorrow and I'll explain them=
to
you.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. DiBona) to Table and Schedule a Site Walk for Application #575 of Domenic Mazzettini for constructio=
n of a
single family dwelling on Lot #268 - 271 Russell Avenue, Oakville, CT.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 19
C. =
;
Ap=
plication
#576 of
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by November 18, 2=
006.
&=
nbsp; &nbs=
p; David
Rhode, Thomas Engineering Group
&=
nbsp; &nbs=
p; Mr.
Rhode: There's one correc=
tion,
it's a 3 lot subdivision, not a 2 lot subdivision.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Are the 3 l=
ots
shown on that map?
&=
nbsp; &=
nbsp; Mr.
Rafey: There is an existi=
ng
house on one of the lots.
&=
nbsp; &nbs=
p; Mr.
Rhode: No.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Yea the map=
that
I have only shows 2 proposed houses.
&=
nbsp; &nbs=
p; Mr.
Rhode: 3.
&=
nbsp; &=
nbsp; Mr.
Rafey: That last pa=
rcel
in the back, that's another lot.
&=
nbsp; &nbs=
p; Mr.
Polletta: So one has a ho=
use
already on it?
&=
nbsp; &=
nbsp; Mr.
Rafey: No, it's not.
&=
nbsp; &=
nbsp; Mr.
Polletta: These 2?
&=
nbsp; &nbs=
p; Mr.
Rhode: Those re the origi=
nal
Perry houses. They cut out fi=
rst
cut, so we're doing actually (inaudible).
&=
nbsp; &=
nbsp; Mr.
Polletta: (Inaudible) int=
erior
lot?
&=
nbsp; &nbs=
p; Mr.
Rhode: Right. Well there's no interior lots in t=
his
zone. There are 2 houses on <=
st1:Street
w:st=3D"on">
&=
nbsp; &=
nbsp; Mr.
Polletta: This is right a=
cross
the street from the entrance to Highgate.&=
nbsp;
This is the farmhouse existing over there now?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 20
&=
nbsp; &nbs=
p; Mr.
Rhode: Yes, that's the ex=
isting
Perry house. And there's no
disturbance to the wetlands. =
We can
make it by the wetlands with the driveway and the utilities. What you have encroaching on the b=
uffer
area is the house construction and the driveway and the utilities for
&=
nbsp; &=
nbsp; Mr.
Polletta: This is within =
the 50
foot setback?
&=
nbsp; &nbs=
p; Mr.
Rhode: Yes.
&=
nbsp; &=
nbsp; Mr.
Polletta: This is the onl=
y area
you . . . .
&=
nbsp; &=
nbsp; Mr.
Rhode: Yea, cause this is=
the
50 foot buffer right here.
&=
nbsp; &nbs=
p; Ms.
Sturgis: The house is the=
re,
but the 50 foot, is that what he just said?
&=
nbsp; &=
nbsp; Mr.
Rhode: Yes, this blue lin=
e.
&=
nbsp; &nbs=
p; Mr.
Polletta: You couldn't sh=
ift
this over a little bit and (inaudible)?
&=
nbsp; &=
nbsp; Mr.
Rhode: No, it would still=
, if
you moved it over . . . .
&=
nbsp; &nbs=
p; Mr.
Polletta: I'm saying if y=
ou
shift this over closer so you don't have to worry about . . . . .
&=
nbsp; &=
nbsp; Mr.
Rhode: No, cause you have=
to
have 50 feet on the street and there's not enough room between the wetlands=
and
. . . .
&=
nbsp; &nbs=
p; Mr.
Polletta: You don't have =
50 feet
here in this corner?
&=
nbsp; &=
nbsp; Mr.
Rhode: No, these are 75 f=
oot
lots I believe.
&=
nbsp; &nbs=
p; Mr.
Polletta: If you shift th=
is
down more this way and then you'll have the driveway. I mean I would like to see a drive=
way
away from the wetlands period and get the oil and stuff off the road, I mea=
n I
speak for myself, did you try to see if you could do that?
&=
nbsp; &=
nbsp; Mr.
Rhode: Well the problem is
you'd be grading for this house here, and these are minimum sized lots you'd
push the fill into the wetlands area of the house. (Inaudible) wetlands buffer so if =
you
move it over you'll have more disturbance of wetlands. Right now you have about 2/10 of a=
n acre
being disturbed in the buffer area.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Well let's =
put
this on the list to go see.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 21
&=
nbsp; &=
nbsp; Mr.
Polletta: Yea, and when we
come, I'd like to see if you shift this 50 feet this way, I ant to see how =
it
looks and the two of them and this long driveway, this is too close to the
wetlands. Show me on the fiel=
d trip
if you shift these here and take this road and put it up here.
&=
nbsp; &=
nbsp; Mr.
Rhode: Okay.
&=
nbsp; &nbs=
p; Ms.
Sturgis: You can't (inaud=
ible)?
&=
nbsp; &=
nbsp; Mr.
Rhode: No, it's an unimpr=
oved
road. It's a paper street and=
the
intersection down here would be very difficult.
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Table and Schedule a Site Walk for Applica=
tion
#576 of
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
D. =
;
Ap=
plication
#577 of Michael Quicquaro for installation of an onsite septic system at
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by November 18, 2=
006.
&=
nbsp; &nbs=
p; Bill
Colby, Colby Engineering & Consulting
&=
nbsp; &nbs=
p; Mr.
Colby: Mr. Quicquaro reta=
ined
my services for his existing residence at
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 22
&=
nbsp; &nbs=
p; It's
a 3 bedroom home and it's currently an 80 foot row and 40 foot row of
infiltrators, and was in failure shortly after installation. Based on review of the Torrington =
Area
Health District files the system was installed per the design plan, so the
elevations of the system and the way it was installed were as the plan call=
ed
for. At one point then septic=
tank
was pumped to check for any leaks in that, and it was noted that the tank w=
as
full 2 days later, so there's an issue there that we need to deal with as f=
ar
as the tank, if there is a leak in the tank and groundwater . . . .
&=
nbsp; &nbs=
p; Michael
Quicquaro,
&=
nbsp; &nbs=
p; Mr.
Quicquaro: (Inaudible.)
&=
nbsp; &=
nbsp; Mr.
Colby: Then that was rect=
ified.
&=
nbsp; &nbs=
p; Mr.
Quicquaro: Yea, we did ha=
ve a
toilet leak at that time and we did fix that and so that was taken care of,=
but
I mean the water that was in the system was much more than I think could ha=
ve
been produced by just . . . .
&=
nbsp; &nbs=
p; Mr.
Colby: Yea, Ill get into =
that,
right. In any event I will st=
ill
evaluate that. This is a ledge
area, and groundwater can be real tricky, you can get a lot of groundwater =
if
there's a fissure, and that may be what we're having here, I can't see under
the ground, but we definitely have a lot of inflow of groundwater here. I just want to rule out any possib=
ility
that it's the tank while we're doing this&=
nbsp;
One of the other engineers indicated that the fill material installed
down gradient of the system was acting like a dam and therefore any water t=
hat
went into the leach field couldn't go any further with a clay material. Several test holes were dug up gra=
dient
of the existing leach fields up in this area here and ground water elevatio=
ns
were noted that were higher than the bottom of the system so there's a
groundwater problem here and there's a dam and a fill problem. At that point I went out and compl=
eted
my own site investigation, completed more test bits. I did verify that the material down
gradient of the existing system is a heavy clay, it's impermeable and it was
saturated. (Tape #3, Side B e=
nded -
may have missed some.)
&=
nbsp; &nbs=
p; Mr.
Undercuffler: How could t=
his
system ever have been approved in the first place?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 23
&=
nbsp; &=
nbsp; Mr.
Colby: Well it was approv=
ed,
what I believe happened here is the problem happened during the
installation. What I found wh=
en I
dug these test bits and you're looking at the soil profile going down, the
topsoil had been removed and the secondary layer, what we call the bee hori=
zon
had likely also been removed. The
bee horizon is what makes the system work.=
Below that is till and the water won't go down through it, it kind of
rides along it, but that bee layer has the ability to accept the affluent a=
nd
treat it, so in this situation what we have is a system in the ground, on t=
op
of impermeable material, with impermeable material down gradient from it, a=
nd
so what it does is it just comes up, cause it can't go down and it can't go
sideways and so it started busting out of the ground at the end of this lea=
ch
field right there initially, but now because this thing has had water going=
at
it for 8 years, and it's not in failure all the time, in wet periods it is,=
but
this fill material down here is because water does leach into it very slowl=
y is
now saturated.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Wouldn't th=
is be
picked up when they installed the thing though?
&=
nbsp; &nbs=
p; Mr.
Colby: I don't know where=
the
blame lies. I would think tha=
t during
installation . . . .
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Whoever is
installing a septic system you would think that they would know enough to k=
now
that hey something is happening with this soil.
&=
nbsp; &nbs=
p; Mr.
Quicquaro: What happened =
was when
the house was built and we moved in in June of 98, everything seemed fine.<=
span
style=3D'mso-spacerun:yes'> October came around and we got some
flurry like snow activity, ground got covered, and I kind of noticed one ar=
ea
of the lawn that kind of just, it melted quicker than everywhere else, so t=
he
problem started out very benign, not much of a problem at all, and then the
next Spring I noted that area was a little wetter, so that's when I called =
the
builder back, almost a year had gone by by the time I even raised the issue=
and
the installer came in. I actu=
ally
had the original engineer look at it again, he was the one who complained a=
bout
the damming effect and it's almost like people had a lot of different opini=
ons
and I was stuck with a failed system that nobody was taking blame for. Basically over a year or two or th=
ree
afterwards I had other people there getting their opinion on how to fix it =
and
again everybody had their own opinion.&nbs=
p;
Bob Smith wasn't favoring one versus another, he was kind of just
basically saying we have to do something about it, but what? Finally now it's at a point where,=
at
the beginning it was more like an annoyance, during like February or during=
the
thaw it would be a little bit wet, but now I'd say a good 20% of the time my
back yard is unusable because it's too wet.
&=
nbsp; &nbs=
p; Mr.
Polletta: The bottom is a=
ll
hard pan?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 24
&=
nbsp; &nbs=
p; Mr.
Colby: Yea, this system w=
as put
in sand, but below it is (inaudible) down gradient (inaudible). So the water gets in there and the=
only
way it can release the pressure is upward, it has a clay sand interface, th=
at's
where you see it first coming up, it flows through the sand and there's
infiltrator galleys and they're full of water.
&=
nbsp; &nbs=
p; Mr.
Polletta: So what are you
proposing to do?
&=
nbsp; &nbs=
p; Mr.
Colby: I hired Tom Stansf=
ield
from Stansfield Environmental Services to flag the wetlands. Those wetlands are shown down here=
and I
also had him, since he also is a sanitarian, do some more borings and verify
what I'm saying happened. And=
when
we were doing those borings there's an area down in this area where you do =
have
that bee horizon and that must have never been disturbed. It's close enough to the wood line
that's down there so my thought was that was the area of the property where
this system needs to go, on those original soils. Now we still have a groundwater pro=
blem
and we have to dry the is area up, so I'm also proposing a curtain drain he=
re
and down here, perforated section here, 25 feet up gradient of the system.<=
span
style=3D'mso-spacerun:yes'> In addition, because this sand fil=
l is
in here and this ground water is leaching in there, that's going to continu=
e to
happen so I'm requesting that we connect these leach fields to the curtain
drain and then this acts as another curtain drain. Granted it's being used as a leach=
field
now, but over a short period of time it will renovate itself and any discha=
rge
would be minimal, but I have to get Torrington Area Health to conceptually
approve that, so what I'm doing is basically double draining this because i=
t's
just too, it's expensive and site access is limited to try and remove all t=
hat
fill material. There is a
conservation easement on the property, part of the subdivision I would imag=
ine,
and I have respected that, I have stayed outside the 50 foot limit, but I am
within the 50 foot limit here, and the 100 foot lake setback is back in
here. So that's the synopsis =
of the
last 8 years, I guess.
&=
nbsp; &nbs=
p; Mr.
Polletta: I would like to=
do a
site walk.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Yea.
&=
nbsp; &nbs=
p; Ms.
Sturgis: I imagine (inaud=
ible)
expensive to try and bring the proper soil into where your leaching fields =
are
now, that won't go will it?
&=
nbsp; &nbs=
p; Mr.
Colby: Redoing these here=
? Yea. No, not with this material down be=
low
it. It will be more expensive=
to
remove that material, it's saturated too, it's really bad material.
&=
nbsp; &nbs=
p; Mr.
Polletta: If you don't us=
e it
for awhile, it will not drain?
&=
nbsp; &nbs=
p; Mr.
Colby: Very, very slowly.=
It has taken 8 years to saturate i=
t.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 25
&=
nbsp; &nbs=
p; Mr.
Polletta: I don't know an=
ything
about stuff like this, but if you stop using it for a little bit and you can
pump it some place, after awhile it will not dry up and you remove that stu=
ff
and put it in the same place, if you use different materials?
&=
nbsp; &nbs=
p; Mr.
Quicquaro: There's also t=
he
issue of what appears to be more groundwater than I think the system was
designed for.
&=
nbsp; &nbs=
p; Mr.
Polletta: Groundwater bef=
ore
the septic system?
&=
nbsp; &nbs=
p; Mr.
Quicquaro: Yea.
&=
nbsp; &nbs=
p; Mr.
Polletta: But your engine=
er had
an idea about putting a curtain drain in the front so no more would come do=
wn,
and that would dry it.
&=
nbsp; &nbs=
p; Mr.
Quicquaro: My house is ri=
ght
here and then there is a wall here, there's a deck here, it's not accessibl=
e.
&=
nbsp; &nbs=
p; Mr.
Polletta: You can't get in
there?
&=
nbsp; &nbs=
p; Mr.
Quicquaro: No, not to the=
higher
end of the, no.
&=
nbsp; &nbs=
p; Mr.
Rafey: That area that you=
are
proposing the new system, there is no setback distance from this area to the
existing system, how is the groundwater in that location?
&=
nbsp; &nbs=
p; Mr.
Colby: Right now that are=
a is
saturated as well to the point that I can't even do a perc test, which is f=
or
me to size the system, the soils are all saturated, so what this system doe=
s is
get raised up in sand and that curtain drain is the first thing that goes in
and that's going to dry, stop that water from getting in there and let that
area dry back up to what it normally was.
&=
nbsp; &nbs=
p; Mr.
Quicquaro: (Inaudible) no=
t that
way.
&=
nbsp; &nbs=
p; Mr.
Colby: Okay, when you dig=
.
&=
nbsp; &nbs=
p; Mr.
Polletta: Where is that s=
tone
wall now? Right there. If you go below the stone wall and=
you put
this curtain drain, you say you have no access with a machine, you can't go=
in
there with a machine?
&=
nbsp; &nbs=
p; Mr.
Quicquaro: This is where =
my
current system is, right here.
&=
nbsp; &nbs=
p; Mr.
Polletta: If you put a cu=
rtain
drain right where the system is now, in here, it will not pick up all the w=
ater
and dry out and you can remove that material and put fresh material that is
suitable for a septic system?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 26
&=
nbsp; &nbs=
p; Mr.
Colby: No, because the bee
horizon, that receiving layer was removed there.
&=
nbsp; &nbs=
p; Mr.
Polletta: But I'm saying =
you
bring in fresh material.
&=
nbsp; &nbs=
p; Mr.
Colby: Right, but you're =
still
going to have an impermeable material underneath it. See when I come down here and I ha=
ve
topsoil, another layer and then till, when this system leaches, it will go =
down
and it will stay below ground because it will stay right in that second lay=
er
right along the till interface so that area doesn't exist up in here.
&=
nbsp; &nbs=
p; Mr.
Polletta: If you could do=
that,
I see a lot of places that remove existing material and they bring in suita=
ble
material for a septic system.
&=
nbsp; &nbs=
p; Mr.
Colby: I think basically =
what
I'm saying is that whatever they did doing the site development ruined this
area for subsurface disposal.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. DiBona) to Table and Schedule a Site Walk for Application #577 of Michael Quicquaro for installatio=
n of
an onsite septic system at
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
7. &n=
bsp; Old
Business
&=
nbsp; None
8. =
New
Business
&=
nbsp; A. Tony
Desimone
&=
nbsp; &nbs=
p; Tony
Desimone, 68 Clear Brook,
&=
nbsp; &nbs=
p; Mr.
Desimone: The reason why =
I came
tonight is that I'm in the process of purchasing a piece of land and before=
I
invest the money into that, in order to develop this area, more than 2 home=
s,
I'm looking at about 5, it looks like there is a need to open up a road fro=
m,
this is on Middlebury Road, well actually it's zero Middlebury Road, right =
on
the border of Middlebury and Watertown.&nb=
sp;
There is no other way to access the land, if I want to develop more =
than
2 houses. Through
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 27
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Well has it=
been flagged
for wetlands? Do you have a m=
ap?
&=
nbsp; &nbs=
p; Mr.
Desimone: Yes. This is an old map and I understan=
d that
it has been approved and it's no longer valid. Would you care to take a look?
&=
nbsp; &nbs=
p; Mr.
Polletta: This
was already approved before?
&=
nbsp; &nbs=
p; Mr.
Desimone: Y=
es.
&=
nbsp; &nbs=
p; Mr.
Rafey: There is some hist=
ory
behind this piece of property. I
think in 1995 the Wetland Commission approved this 5 lot subdivision. Let me show you on the map.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: T=
his is
what you're proposing?
&=
nbsp; &=
nbsp; Mr.
Desimone: I would like to=
reactivate
whatever this is, which was already approved, if it can be reactivated with=
out,
before I invest the money, I just want to know, if the laws have changed . =
. . .
&=
nbsp; &nbs=
p; Mr.
Rafey: This was approved =
but
they never built it. The Wetl=
ands
permit expired, they have to start from zero. The road that was proposed and app=
roved
as from
&=
nbsp; &nbs=
p; Mr.
Undercuffler: T=
his is
the Town line?
&=
nbsp; &=
nbsp; Mr.
Rafey: Yes. This is Middlebury and this is
&=
nbsp; &nbs=
p; Mr.
Berger: T=
his is
part of a much larger wetland system that goes in this direction.
&=
nbsp; &=
nbsp; Mr.
Desimone:
&=
nbsp; &nbs=
p; Ms.
Sturgis: W=
hy do
they think they can only do 2?
&=
nbsp; &=
nbsp; Mr.
Rafey: If they go from
&=
nbsp; &nbs=
p; Mr.
Undercuffler: E=
ven
though those 2 lots are in
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 28
&=
nbsp; &=
nbsp; Mr.
Rafey: Yes. Instead they allow the driveway (i=
naudible)
but not more than 2 houses, but their question is if they submit an applica=
tion
to this Commission, which is a tough question, if this Commission is going =
to
consider this. We had a meeti=
ng
with them and my suggestion was to go to the Planning and Zoning Commission
first, and if the Commission really wants this road to be built, if it is
acceptable to the Planning and Zoning Commission.
&=
nbsp; &nbs=
p; Mr.
Polletta: T=
his
was never filed?
&=
nbsp; &=
nbsp; Mr.
Rafey: It was filed but t=
hey
didn't initiate the work, that is why the wetland permit expired. Whatever permits they had they all
expired.
&=
nbsp; &nbs=
p; Mr.
Polletta:
Including Planning and Zoning?
&=
nbsp; &=
nbsp; Mr.
Rafey: Yes.
&=
nbsp; &nbs=
p; Mr.
Polletta: So
(inaudible)?
&=
nbsp; &=
nbsp; Mr.
Rafey: Yes.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Go
ahead with your suggestion, they go to Planning and Zoning.
&=
nbsp; &=
nbsp; Mr.
Rafey: They have 2 altern=
atives. If this Commission, the Planning a=
nd
Zoning Commission allows them to put a road here through this wetland so th=
ey
can submit an application for 5 lots, with a condition that this is like a
temporary cul de sac with a 50 foot right of way here, because there is ano=
ther
piece of land that's owned by Bushka, I think. This is how it was approved, that =
in the
future this could be built here and this lot would have access from this ro=
ad
and frontage on this road, but without building this, they even cannot put 5
lots, they can only put 4 lots, even if you allow them to come here with a =
cul
de sac. A few people before c=
ame to
the Planning and Zoning Office and at that time Mary was there and she was
telling almost everybody, Chuck was there, that this was not an option, they
won't even consider this coming from Middlebury Road because there are a lo=
t of
wetland impacts, we told almost everybody if they were interested they coul=
d go
to Middlebury and talk to them and if you can get a permit to access the
property from this road, which one of the applicants they got a permit for 2
lots. I think now the questio=
n is,
this expired, this doesn't exist, they wanted to get some feedback from this
Commission, but I suggested they go to the Planning and Zoning Commission
before they came to this Commission to see how the Commission wanted to dev=
elop
this area. Do they really wan=
t to
have a public road going through this property and to the property line to =
this
other piece?
&=
nbsp; &nbs=
p; Ms.
Sturgis: B=
ut is
there another road over here, what does it do, just dead end?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 29
&=
nbsp; &=
nbsp; Mr.
Rafey: Nothing is there n=
ow.
&=
nbsp; &nbs=
p; Ms.
Sturgis: B=
ut I mean
if you extend this thing down, what does it touch on?
&=
nbsp; &=
nbsp; Mr.
Rafey: This touches anoth=
er
piece of land which is probably 20 or 30 acres of land that . . . . .
&=
nbsp; &nbs=
p; Ms.
Sturgis: B=
ut
this is just going to be a dead end because there's no road.
&=
nbsp; &=
nbsp; Mr.
Rafey: It's a temporary d=
ead
end up to here, with a future 50 foot right of way in order to develop this
lot, but I don't know if the Planning and Zoning Commission really wants th=
is
to happen.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: W=
here
is the wetlands?
&=
nbsp; &=
nbsp; Mr.
Rafey: This dark line, th=
is is
the wetlands, this area is all wetlands.
&=
nbsp; &nbs=
p; Many
people talking at once (inaudible).
&=
nbsp; &=
nbsp; Mr.
Rafey: I think in one of =
the
calculations somebody said 9,900 square feet of direct wetland impact, plus
whatever the 50 foot setback is associated with this development.
&=
nbsp; &nbs=
p; Mr.
Polletta: Y=
ou
have to treat this as a new application.
&=
nbsp; &=
nbsp; Mr.
Rafey: It's a new applica=
tion,
there's nothing existing.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: S=
o then
they'd have to go to the State, wouldn't they, cause it's over 5,000.
&=
nbsp; &=
nbsp; Mr.
Rafey: Yes. They need a State approval.
&=
nbsp; &nbs=
p; Ms.
Sturgis: T=
hey
can't sneak into it down here on
&=
nbsp; &=
nbsp; Mr.
Rafey: No, that's Middleb=
ury.
&=
nbsp; &nbs=
p; Mr.
Berger: (=
Inaudible)
zoning issues where do we really want lots in
&=
nbsp; &=
nbsp; Mr.
Polletta: These lots are =
in
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 30
&=
nbsp; &nbs=
p; Mr.
Berger: T=
hey
are accessed through
&=
nbsp; &=
nbsp; Ms.
Sturgis: There's no way, =
this
piece is in Middlebury?
&=
nbsp; &nbs=
p; Mr.
Berger: N=
o, the
Town line continues along here, this is undeveloped to the east.
&=
nbsp; &=
nbsp; Ms.
Sturgis: You can't pull a=
road
down here somehow?
&=
nbsp; &nbs=
p; Mr.
Berger: W=
ell you
an but you still have to get out over there, and then that's a wetland impa=
ct
that's a trade off from doing what some would say is bad planning versus im=
pact
to the wetlands. This guy at =
one
point had a loop road proposed concept, remember that? The Planning and Zoning Commission
didn't like a loop road accessing lots from Middlebury so when this was
approved this sort of solved that problem but it impacted almost 10,000 squ=
are
feet of wetlands.
&=
nbsp; &=
nbsp; Mr.
Polletta: But it looks to=
me
that you're saying this is the way to go in. If this was not wetlands this (ina=
udible). It's up to us now to . . . . .
&=
nbsp; &nbs=
p; Mr.
DiBona: D=
on't
they have to go to the Army Corps for that?
&=
nbsp; &=
nbsp; Mr.
Rafey: There are also exa=
mples
in Town, one is on
&=
nbsp; &nbs=
p; Mr.
Polletta: I=
f this
is the way to go, maybe we should look at it.
&=
nbsp; &nbs=
p; Many
people talking at once (inaudible).
&=
nbsp; &=
nbsp; Mr.
Polletta: Are you looking=
for
any input from this Board (inaudible)?
&=
nbsp; &nbs=
p; Mr.
Desimone: It
would be useless for me to buy a piece of land and not develop it.
&=
nbsp; &=
nbsp; Mr.
Polletta: Well you should=
buy
it subject to approval and then if you don't like what you hear, then you d=
on't
buy it.
&=
nbsp; &nbs=
p; Mr.
Desimone: Y=
ou
said before I come to Planning and Zoning and I have to go to the State . .=
. .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 31
&=
nbsp; &=
nbsp; Mr.
Rafey: This is the Wetland
Commission. We have another l=
and
use commission in Town, the Planning and Zoning Commission. I think (inaudible) to go to them,=
tell
them, go and talk to them and see how they want this land to be developed.<=
span
style=3D'mso-spacerun:yes'> If they make a recommendation to t=
his Commission
to consider this as a good alternative to develop this land, then you can
submit an application and come back.
&=
nbsp; &nbs=
p; Ms.
Sturgis: B=
ut he
also has to go to the State, doesn't he, cause (inaudible).
&=
nbsp; &=
nbsp; Mr.
Rafey: That is another is=
sue
(inaudible) at the same time you can (inaudible).
&=
nbsp; &nbs=
p; Mr.
Polletta:
Everybody (inaudible) but you don't know how it's going to turnout, =
you
should but subject to approval. No
approval, you don't buy. You =
have
to do all this work and Moosa and Chuck probably tell you what you have to =
do
to get it done, but right now we can't promise anything. &=
nbsp; &=
nbsp; Mr.
Undercuffler: Do you want=
to
add anything? &=
nbsp; &nbs=
p; Mr.
Desimone: W=
e all
in this together so . . . . &=
nbsp; &=
nbsp; Mr.
Berger: Remember not only=
this Commission
but the Planning and Zoning Commission as well as the State D.E.P. Army Cor=
ps
of Engineers because you're impacting greater than 5,000 square feet of
wetlands, you're going to need a permit from the, so in addition to local
permits you also have state and federal level permits you have to get. &=
nbsp; &nbs=
p; Mr.
DiBona: I=
t gets
complicated. &=
nbsp; &=
nbsp; Mr.
Rafey: Now it's up to you=
, if
you want the easy way, this is the easy way with 2 lots, but if you want to=
go
through all that, then you have to come from here. &=
nbsp; &nbs=
p; Mr.
Undercuffler: B=
ut
what you're saying, 2 lots the Town may not even . . . . &=
nbsp; &=
nbsp; Mr.
Berger: That's why it's
important to go to Planning and Zoning (inaudible) because they may say they
don't want any lots from Middlebury into &=
nbsp; &nbs=
p; Susan
Glenn, Realtor &=
nbsp; &nbs=
p; Ms.
Glenn: I was under the
impression that this was proposed already to the Planning and Zoning Commis=
sion
by another group, maybe last week. &=
nbsp; &=
nbsp; Mr.
Rafey: There is another g=
roup
who wants to go for a preliminary discussion with the Planning and Zoning C=
ommission. CONSERVATION COMMISSION/INLAND WETLANDS AGENCY REGULAR MEETING SEPTEMBER 14, 2006 PAGE 32 &=
nbsp; &nbs=
p; Ms.
Glenn: B=
ut
they haven't presented it? &=
nbsp; &=
nbsp; Mr.
Rafey: No. &=
nbsp; &nbs=
p; Mr.
Undercuffler: O=
n this
same property? &=
nbsp; &=
nbsp; Ms.
Glenn: Yes. &=
nbsp; &nbs=
p; Mr.
Berger: T=
here
are probably a half dozen or so people who are interested in this property =
and
quite honestly Mary used to tell them that this is not an option, it impacts
too much wetlands, and pushing them more towards this alternative. In the past several meetings with
applicants we have been softening from that position because there are a lo=
t of
other issues associated with it. No
guarantee you're going to get a wetland permit. &=
nbsp; &=
nbsp; Mr.
Desimone: Not even if we =
build
a bridge over it? &=
nbsp; &nbs=
p; Mr.
Undercuffler: P=
retty
long bridge. &=
nbsp; &=
nbsp; Mr.
Rafey: It's too early to =
talk
about those details. &=
nbsp; &nbs=
p; Mr.
Desimone: R=
ight
now there are a lot of pipes, actually it's not a bridge, they're about 4
inches and I guess 12 inch PBC pipes going around, (inaudible) so it's not
really . . . . . &=
nbsp; &=
nbsp; Mr.
Berger: That's what is on=
the
original approved subdivision, which is a whole series of 12 inch pipes in =
here
and here. Things like that th=
ese
days, not only to this Commission but also to the State level, you may have
hard a little bit of talk tonight about the arch structures having more open
with a (inaudible) bottom which is more money. &=
nbsp; &nbs=
p; Mr.
Polletta: Y=
ou
should have somebody look at it, decide, before you buy it. (Inaudible) say I don't want to bu=
y it,
I don't want to spend a lot of money, the amount of money doesn't apply to =
us,
we don't care if you spent $1.00 or $1,000,000, but just to advise you, I w=
ould
buy it subject to approval. &=
nbsp; &=
nbsp; Mr.
Desimone: Thanks. CONSERVATION COMMISSION/INLAND WETLANDS AGENCY REGULAR MEETING SEPTEMBER 14, 2006 PAGE 33 9. =
Communications
and Bills &n=
bsp; =
; Mr. Rafey: This is a new requirement fro =
the
State regarding (inaudible) regarding public hearing by land use commissions
and boards. I sent a copy of =
this
to Franklin Pilicy to see how we can adopt this. Basically they want to have a data=
(inaudible)
email system that if anyone is interested to be invited to these public
hearings, they can register on that email list and we can automatically send
them notices every time there is a public hearing. &=
nbsp; &nbs=
p; Mr.
Polletta: I=
s this
more work for you? &=
nbsp; &=
nbsp; Mr.
Rafey: Yes. But first we have to create that
database and somebody should have to come to our office to help Ms. Allen a=
nd
myself because we don't have time and we really don't know how to do that, =
but
then we can automatically send emails whoever is interested in coming to a
public hearing. &=
nbsp; &nbs=
p; Mr.
Undercuffler: S=
o this
is talking about public hearings that we initiate including . . . this woul=
dn't
include like tonight's public hearing? &=
nbsp; &=
nbsp; Mr.
Rafey: Any public hearing=
, if
people are interested they can come.
We already sent a copy of this, the Planning and Zoning Commission a=
lso
received a copy of this and whatever decision the Town makes this will be p=
art
of the Commission's (inaudible) just for your information. 10. Repor=
ts
from Officers and Committees 11. Repor=
ts
from Staff Mr. Rafey:<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo=
ld'> I received training section from D=
.E.P.
2006 Inland/Wetland Commission Planning Program, #3. If anybody is interested I'll give=
you a
copy of this. This is for new
commission members. There are=
2
different dates and 2 different locations.=
It's basically designed for the Wetland Enforcement Officer and some
commission members, the experienced commission members if you are intereste=
d to
go there. Let me know by the =
end of
next week. The cost is $55.00=
per
person. October 20, 25, 28, a=
nd
November 3. One is on a Satur=
day,
October 28th. (Tape #4, Side A
ended - may have missed some.)
&=
nbsp; A. Council
of Governments Central Naugatuck Valley Memorandum 081006 dated August 10, =
2006
concerning revisions in State Statutes Concerning Notice Requirements
None
Mr.
Polletta: Do they have an=
y at
night or on the weekends?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 34
&=
nbsp; Mr.
Rafey: We'll send any not=
ices
we get to the Commission. On
September 6th I was on
Mr.
Polletta: A=
lot
of people don't know, but the Fire District should have known we have rules=
and
regulations.
&=
nbsp; Mr.
Rafey: That is my expecta=
tion.
&=
nbsp; Mr.
Polletta: (Inaudible?)
Mr.
Rafey: I=
think
there is some erosion at the top of the bank of the dam that they have to
repair and this was a recommended situation.
Mr.
Polletta: S=
o they
weren't building a road, they were just using it as an access.
Mr.
Rafey: B=
ut
they have to build a road to get to that point. Previously they had an easement on=
a
private property and recently someone built a house there and I think the h=
omeowner
doesn't like them to be on their property, that's why they already built the
driveway to have access to the pond.
Mr.
Undercuffler: I
wonder if it would make sense to send them a letter just reminding them on =
any
of these, now this is 2 situations, maybe that other one is kind of cloudy
because of Mary's letter, but even so it sounds like they're just oblivious=
to
wetlands and maybe at least a letter to bring this to their attention.
Mr.
Polletta: T=
hat's
what I was saying before, maybe they don't even know that they have to go to
wetlands, they should know, but maybe they don’t. Maybe they need a reminder letter.=
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 35
&=
nbsp; Mr.
Rafey: In the past they c=
ame to
this Commission for projects.
&=
nbsp; Mr.
Polletta: I always get co=
nfused
with the Fire District, it's like they are their own government. Like two separate towns.
Mr.
Undercuffler: T=
hey do
the zoning.
Mr.
Polletta: They
don't have wetlands commissio=
n.
Mr.
Rafey: N=
o,
this Commission covers the entire town including the Fire District.
Mr.
Undercuffler: T=
he
zoning is the main thing, (inaudible).
Mr.
Polletta: But
I've seen more than once, the people in the Fire District do stuff like tha=
t,
maybe they don't know.
Mr.
Rafey: But
I did mention that from now on if they have any project that involves regul=
ated
activities within (inaudible) they should come to the office and submit an
application.
Mr.
Undercuffler: O=
r at
the very least if there is a question (inaudible).
Mr.
Rafey: I=
f you
look at the regulations they have the right to use wetlands for any activit=
ies,
water companies have the right to do that, but I always ask them to come he=
re
so we can look at their plans to see what they are doing so that if we need
erosion and sediment control issues or sometimes we make recommendation to
reduce the impact, look at other alternatives. If they don't come to us, we don't=
know
what they are doing.
Mr.
Polletta: I
agree, I think we should send them a letter.
Mr.
Rafey: I
will make a copy of the minutes and let them know if they have a project th=
ey
should contact our office and make a recommendation. I can write the letter and give it=
to
Mr. Zawadzki to sign.
12. &n=
bsp; Public
Participation
None
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
SEPTEMBER 14, 2006
PAGE 36
13. Adjou=
rnment
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. DiBona) to Adjourn the Regular Meeting at 10:45 p.m.
&nbs= p; Discussion: None<= o:p>
&nbs=
p; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Regular
Meeting Adjourned at 10:45 p.m.
Respect=
fully
submitted,
Ronald =
Jones,
Secretary
Conserv=
ation
Commission/
Inland
Wetlands Agency
&nbs=
p; _________________=
_________________