MINU=
TES
CONSERVA=
TION
COMMISSION/INLAND WETLANDS AGENCY
REGULAR
MEETING
THURSDAY=
, NOVEMBER
16, 2006 - 7:15 PM
PRESENT: =
; &n=
bsp; =
; Glenn
Duplissie
=
&nb=
sp; =
&nb=
sp; Joseph
Polletta
=
; &n=
bsp; =
&nb=
sp; Edwin
Undercuffler, Vice Chairman
=
&nb=
sp; =
&nb=
sp; James
Zawadzki, Chairman
ABSENT: =
; &n=
bsp; =
; =
Lucia
DiBona
=
&nb=
sp; =
&nb=
sp; Ron
Jones, Secretary
=
&nb=
sp; =
&nb=
sp; Charles
Thermer
ALTERNATES PRESENT: =
; Denise
Russ
=
&nb=
sp; =
&nb=
sp; Martha
Sturgis
ALTERNATES ABSENT: =
; <=
/span>Peter Peluso
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.
Zawadzki, Chairman, called the Regular Meeting to order at 8:00 p.m.
2. &nb=
sp; Roll
Call
Mr.
Duplissie, Acting Secretary, executed the Roll Call.
Mr.
Zawadzki, Chairman, asked Ms. Russ to sit in for Mr. Thermer, in his absenc=
e.
Mr.
Zawadzki, Chairman, asked Ms. Sturgis to sit in for Mr. Jones, in his absen=
ce.
3. =
Public
Participation
Ted
Hardt, Professional Engineer
Mr.
Hardt: I
presented the Highview Estates Application. Right now we're in Planning and Zo=
ning
and I'd like to start off by requesting a clarification of the Commission&#=
8217;s
rules and regulations. The qu=
estion
is does the Commission grant conceptual or feasibility approvals?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 2
Mr.
Zawadzki: No.
Mr.
Hardt: Th=
at's
all I really needed to know, because the Planning and Zoning Commission is
telling us to get a feasibility or conceptual approval but I’ve been
telling them you don't do that, but I would request to, I guess, show you w=
hat
the Planning and Zoning Commission is requesting. They want to put a right of way ov=
er a
piece of wetlands and I'd like to maybe add it on to the end of the Agenda =
so
we can just show you what it is. It's
up to you. I don't have to sh=
ow it
to you, basically I think to fill my obligation and tell the Planning and Z=
oning
Commission that we don't get feasibility or conceptual approvals from the
Wetland Commission.
Mr.
Undercuffler: He=
would
need an application, wouldn't he?
Mr.
Zawadzki: We=
ll
yes, to have any discussion on it, but what do you guys think?
Mr.
Hardt: If
you want to see what Planning and Zoning is requesting . . . . and show you
what they're asking for.
Mr.
Zawadzki: Wa=
nt to
put it under New Business, 8B?
&=
nbsp; MOTION: (Mr.
Polletta, sec. Mr. Duplissie) to Add Agenda Item 8B under New Business.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
4. =
Action
on Minutes
=
A. =
Regular Meeting, May 11, 2006
=
B. =
Continuation of Public Hearing, June 15, 2006, App. #547,
=
C. =
Continuation of Public Hearing, June 15, 2006, App. #546, Patrick
Graziano
=
D. =
Continuation of Public Hearing, June 15, 2006, App. #549, Patrick
Graziano
=
E. =
Regular Meeting, June 15, 2006
=
F. =
Special Meeting Public Hearing, July 6, 2006, App. #552, Anthony Ca=
ruso
=
G. =
Special Meeting Public Hearing, July 6, 2006, App. #556, Water &
Sewer
=
H. =
Special Meeting Public Hearing, July 6, 2006, App. #557, Donald Cur=
tiss
=
I. =
&nb=
sp;
Continuation of Public Hearing, July 20, 2006, App. #549, Patrick
Graziano
=
J. =
Regular Meeting, July 20, 2006
=
K. =
Continuation of Public Hearing, August 10, 2006, App. #552, Anthony
Caruso
=
L. =
Continuation of Public Hearing, August 10, 2006, App. #556, Water &=
amp;
Sewer
=
M. =
Continuation of Public Hearing, August 10, 2006, App. #557, Donald
Curtiss
=
N. =
Public Hearing, August 10, 2006, App. #563, Golden Acres, LLC
=
O. =
Public Hearing, August 10, 2006, App. #567, Zohra Rafey
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 2
=
P. =
Regular Meeting, August 10, 2006
=
Q. =
Continuation of Public Hearing, September 14, 2006, App. #552, Anth=
ony Caruso
=
R. =
Continuation of Public Hearing, September 14, 2006, App. #557, Dona=
ld
Curtiss
=
S. =
Continuation f Public Hearing, September 14, 2006, App. #563, Golden
Acres, LLC
=
T. =
Regular Meeting, September 14, 2006
=
U. =
Public Hearing, October 12, 2006, App. #573, Heritage Development G=
roup
=
V. =
Public Hearing, October 12, 2006, App. #578, Anthony Caruso
=
W. =
Regular Meeting, October 12, 2006
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Table Items 4A through 4W as presented.
&= nbsp; Discussion: None<= o:p>
5. =
Pending
Applications
A. &n=
bsp; Application
#573 of Heritage Development Group, Inc. for construction of Age Restricted
Planned Residential Development on Bunker Hill Road, Watertown, CT.
If
a Public Hearing is Closed on November 16, 2006, then a decision is require=
d by
January 19, 2007.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Ms. Russ) to Table Application #573 of Heritage Development Group, Inc. for construction of Age Restricted
Planned Residential Development on
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 3
B. =
; Application
#575 of Domenic Mazzettini for construction of a single family dwelling on =
Lot
#268 - 271 Russell Avenue, Oakville, CT.
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by November 18, 2=
006.
&=
nbsp; &nbs=
p; Domenic
Mazzettini, Lot #268-271 Russell Avenue,
=
; &n=
bsp; Mr.
Mazzettini: I just came up because I'm running=
into
a tight schedule, and the problem we're having is the house, at the corner
there was going to be 2.5 feet from the regulated edge, if you recall from =
last
month. Well now we're proposi=
ng to
change it to 34 house to a 26 x 26 and gain to be 13 feet from there without
changing the land property because I can't get anymore land, so I'm willing=
to
drastically drop the size of the house.
=
; &n=
bsp; Mr.
Rafey: This is the site plan that was submitted with the application. Mr. Mazzettini wants to make some
changes to this plan.
=
; &n=
bsp; Mr.
Mazzettini: Right, I think the change from the engi=
neer
wanted to change it from 30 x 30 I believe, 30 x 34, to 26 x 26 to gain 13 =
feet
from the corner.
=
; &n=
bsp; Mr.
Zawadzki: It was 30 x 34, you're going to ch=
ange
it to 26 x 26?
=
; &n=
bsp; Mr.
Mazzettini: Correct.
=
; &n=
bsp; Mr.
Polletta: So the house is going to be 26 x 2=
6?
=
; &n=
bsp; Mr.
Mazzettini: Yea, and I would gain 13 feet here to k=
eep it
away from this.
=
; &n=
bsp; Mr.
Duplissie: On this site here, it's a 10 foot =
site
setback from the side property line, and I don't know what Planning would s=
ay,
but wouldn't it be better on this site to move this house closer to the
property line and keep them away from the stream?
=
; &n=
bsp; Mr.
Rafey: They can apply for a variance, they can go to the Zoning Board of App=
eals
if they want.
=
; &n=
bsp; Mr.
Duplissie: But you're saying you're tight, you wan=
t to
start construction.
=
; &n=
bsp; Mr.
Mazzettini: Yes, I want to start construction.
=
; &n=
bsp; Mr.
Duplissie: This Winter?
=
; &n=
bsp; Mr.
Mazzettini: Well start it somewhere hopefully by th=
e time
we go to Planning and Zoning and finish everything.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 5
&=
nbsp; &=
nbsp; Mr.
Duplissie: Do you want to=
start
next Spring?
&=
nbsp; &nbs=
p; Mr.
Mazzettini: As soon as
possible, pretty much.
&=
nbsp; &=
nbsp; Mr.
Rafey: As I mentioned at =
the
last meeting, the Zoning Board of Appeals doesn't want to create new houses
that are non-conforming to the Zoning Regulations. If there is an existing situation
sometimes they give variances for additions, but this is a new lot, they wo=
n't
want to create a new non-conforming property.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Well I'm confu=
sed
because when you say it's a new lot, if it was a new lot we wouldn't grant
this, we would say no, but it's an existing lot.
&=
nbsp; &=
nbsp; Mr.
Rafey: It's an existing l=
ot but
for a new building, and usually the Zoning Regulations doesn't encourage us=
to
create non-conformities. The =
Zoning
Regulations encourage getting rid of the non-conforming we already have.
&=
nbsp; &=
nbsp; Mr.
Duplissie: But in this ca=
se
wouldn't it be better to pull him away from the stream as much as possible?=
&=
nbsp; &=
nbsp; Mr.
Rafey: If they want to tr=
y,
especially if the abutting property owners don't have any objection to the
house being closer to their property.
If they can get a letter (inaudible) variance. They have to go to the Zoning Boar=
d of
Appeals.
&=
nbsp; &=
nbsp; Mr.
Mazzettini: But I already=
have
this layout, that's why I'm not sure what's going on with that, I can't gain
anymore land, so that’s why I thought if I dropped the house size and
keep it within the 10 foot x 15 foot to the street and the property line, it
would still gain like 10.5 feet to the water. Before it was 2.5, now it would be
13. That's a significant chan=
ge.
&=
nbsp; &=
nbsp; Mr.
Rafey: It's hard to pictu=
re it
if you don't have a plan to show how you're going to locate that house on t=
he
lot.
&=
nbsp; &=
nbsp; Mr.
Mazzettini: I'll ask for =
an extension
until the December meeting so I can get it all drafted up from the engineer=
.
&=
nbsp; &=
nbsp; Ms.
Sturgis: Will shrinking t=
he
size of the house get you far enough away from the stream?
&=
nbsp; &=
nbsp; Mr.
Duplissie: No, it will ne=
ver be
far enough.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: And (inaudible)=
13
feet from the stream too, right?
&=
nbsp; &=
nbsp; Mr.
Mazzettini: It's from the=
edge
of the regulated area, not the actual wetlands, where the regulated area
starts, it would be 13 feet from there.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 6
&=
nbsp; &=
nbsp; Mr.
Duplissie: 13 feet from t=
he
edge of the stream.
&=
nbsp; &=
nbsp; Mr.
Mazzettini: No, from the
wetlands. I think that's quit=
e a but
of change from 2.5 feet.
&=
nbsp; &=
nbsp; Mr.
Polletta: Again, was this=
an
existing lot?
&= nbsp; &= nbsp; Mr. Mazzettini: Yes, it was.<= o:p>
&=
nbsp; &=
nbsp; Mr.
Polletta: It was existing
before, not creating now?
&=
nbsp; &=
nbsp; Mr.
Mazzettini: No, the guy I=
'm
buying it from was here at the last meeting and he was paying taxes.
&=
nbsp; &=
nbsp; Mr.
Polletta: If it was exist=
ing, I
would look at it different if you were trying to do it today. So you're trying to make the house
smaller so you're a little more away from the regulated area.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Are you making=
2
stories or 1?
&=
nbsp; &=
nbsp; Mr.
Mazzettini: Two.
&=
nbsp; &=
nbsp; Mr.
Polletta: (Inaudible.)
&=
nbsp; &=
nbsp; Mr.
Mazzettini: I don't know
(inaudible). (Tape #1, Side B=
ended
- may have missed some.)
&=
nbsp; &=
nbsp; Mr.
Duplissie: I've seen that
stream, and the watercourse changes its direction and the watercourse (inau=
dible)
direction but it changes all the time (inaudible). One week it's here, the next it's
there. 13 feet, (inaudible)
distance on a (inaudible). As=
far
as the construction goes, we can always ask him to put the same thing, we'll
have a double silt fence, we should ask for that along with the riverbank c=
ause
we know he's going to disturb the area, so if we put at least 2 silt fences=
on
the down gradient side, but I'd want to build my house, I'm afraid for you =
to
build your house there, but we have no right to stop him from building that
house, cause it's an accepted lot.
I think at this point he's done what he had to do, outside of going,=
and
we're talking to you and asking you and you're saying they don't really wan=
t to
grant and make it a non-conforming for a new lot so . . . .
&=
nbsp; &=
nbsp; Mr.
Rafey: We don't encourage=
that
but they can go to Z.B.A. for a permit.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Well it seems t=
o me
it would make even more sense to bring it out and encroach into the 25 foot
setback.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 7
&=
nbsp; &=
nbsp; Mr.
Duplissie: That's what I'm
saying. Yea, if they could do=
this,
instead of 25 and 15 from the road, cause there's a house up here 10 feet f=
rom
the road.
&=
nbsp; &=
nbsp; Mr.
Polletta: The house next =
door
is closer to the road?
&=
nbsp; &=
nbsp; Mr.
Mazzettini: Yea, up the s=
treet.
&=
nbsp; &=
nbsp; Mr.
Rafey: I think that entire
neighborhood is non-conforming.
Most of those houses are very close to the road.
&=
nbsp; &=
nbsp; Mr.
Duplissie: I think it wou=
ld be
worth it to go, at least to one meeting for the Z.B.A. and ask them.
&=
nbsp; &=
nbsp; Mr.
Mazzettini: I'm looking a=
t it
too, if it's 15 feet from the road, how long is the average car? Will it be sticking out into the r=
oad?
&=
nbsp; &=
nbsp; Mr.
Duplissie: On the uphill =
over
here I don't mind that you park your car on a gravel driveway or something =
right
here, but to put your house right on the stream, if we could move you anoth=
er
10 or 15 feet away you've already moved it by going to a smaller footprint,=
and
if we could change and get you closer to the property line and closer to the
road, you could put the driveway on the easterly side (inaudible) side of t=
he
house, so that your cars would be off the road but now you would be closer =
to
25 feet from the stream, so if that stream, what’s the name of that
stream? Unnamed, but you can =
tell
it's already washed a 6 x 20 length of culvert, 50 foot downstream. It shows that it was connected to =
the other
one.
&=
nbsp; &=
nbsp; Mr.
Mazzettini: I know there'=
s a
connector there but in my opinion I'm not sure it came from there.
&=
nbsp; &=
nbsp; Ms.
Sturgis: Are you talking =
about
a driveway between the house and the stream (inaudible)?
&=
nbsp; &=
nbsp; Mr.
Duplissie: Well I would p=
refer
his house be away from the stream.
&=
nbsp; &=
nbsp; Ms.
Sturgis: But if you put an
impervious surface like a driveway
. . ..
&=
nbsp; &=
nbsp; Mr.
Duplissie: Gravel but tha=
t would
still be better than (inaudible) there's a bunch of things he can do.
&=
nbsp; &=
nbsp; Mr.
Rafey: The Zoning Board of
Appeals meets on January 24, 2007.
They don't have a meeting in December.
&=
nbsp; &=
nbsp; Mr.
Polletta: I think this
gentleman tried to do the best he can with what he has and I think by reduc=
ing
the size and gaining another 10 to 15 feet, I think we should go and approv=
e it
because it's an existing lot.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 8
&=
nbsp; &=
nbsp; Mr.
Rafey: But if we can get =
an extension
until next month so we can see the plan to see how it will look.
&=
nbsp; &=
nbsp; Mr.
Polletta: No, I know, but=
I'm
saying for him to go before the Zoning Board of Appeals and wait another 2
months and if they're going to approve it . . . .
&=
nbsp; &=
nbsp; Mr.
Mazzettini: And then I ha=
ve to
start all over from the beginning.
&=
nbsp; &=
nbsp; Mr.
Duplissie: No, you wouldn=
't
have to start all over with us.
We'd get you right in after your Zoning Board of Appeals meeting.
&=
nbsp; &=
nbsp; Ms.
Sturgis: My thought with =
the
gravel driveway is what are you doing later on (inaudible)?
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Well it's a
regulated activity.
&=
nbsp; &=
nbsp; Ms.
Sturgis: I know, but then
(inaudible).
&=
nbsp; &=
nbsp; Mr.
Zawadzki: It's a difficult
lot. Normally we wouldn't eve=
n . .
. .
&=
nbsp; &=
nbsp; Mr.
Duplissie: We wouldn̵=
7;t
approve a lot like this, this is normally open space, but it’s a lot =
so
we're locked in.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: We already cros=
sed
this bridge, it's already an existing lot.
&=
nbsp; &=
nbsp; Ms.
Sturgis: Well I guess I'm
trying to say (inaudible) not worried about putting a gravel driveway behind
the house or something. I don=
't know
if it's going to get you anything (inaudible).
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Well okay, so w=
e'll
table this until our next meeting and you can bring a drawing so we can loo=
k at
it and go from there.
&=
nbsp; &=
nbsp; Mr.
Duplissie: So you'll gran=
t us a
35 day extension?
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Yes.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Table Application #575 of Domenic Mazzettini for construction 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
NOVEMBER 16, 2006
PAGE 9
C. =
; Application
#576 of Cherry Avenue, LLC for construction of a three-lot residential
subdivision on Cherry Avenue, Watertown, CT.
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by November 18, 2=
006.
&=
nbsp; &nbs=
p; David
Rhodes, Compass Engineering Group
&=
nbsp; &nbs=
p; Mr.
Rhodes: Remember last mon=
th you
(inaudible). As you suggested=
to
move everything out of the buffer area, we went to P & Z and they basic=
ally
threw me out. They shut it
down. (Inaudible) and 5 votes
against it.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: What ground=
s?
&=
nbsp; &=
nbsp; Mr.
Rhodes: They don't allow =
common
use driveways in this zone. I
couldn't talk them out of (inaudible).
&=
nbsp; &nbs=
p; Mr.
Duplissie: So we're down =
to a 2
lot subdivision?
&=
nbsp; &=
nbsp; Mr.
Rhodes: 3 lot subdivision=
. Now this is the plan that we discu=
ssed moving
everything out of the buffer area, common use driveway over
&=
nbsp; &nbs=
p; Mr.
Duplissie: So we're going=
to
push aside Alternate #2?
&=
nbsp; &=
nbsp; Mr.
Rhodes: Right.
&=
nbsp; &nbs=
p; Mr.
Rafey: This is what you s=
uggested
at the last meeting but P & Z said no.=
You are looking at it from a different perspective, and they are loo=
king
at it from their own perspective.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Moosa, they=
allow
common driveways in certain zones?
&=
nbsp; &=
nbsp; Mr.
Rafey: I looked it up in =
the Regulations,
I think they said they don’t like common driveways in an R-12.5 zone.=
&=
nbsp; &nbs=
p; Mr.
Undercuffler: But there's=
no
regulation against it?
&=
nbsp; &=
nbsp; Mr.
Rafey: They don't mind co=
mmon driveways
in R-70's or R-90 zones, those are larger parcels, but on small areas they
don't like it. But for the We=
tlands
Commission, as a feasible and prudent alternative with the least amount of
impact, Alternative #3 is the best plan, it has no impact on the wetlands or
the setback area.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 10
&=
nbsp; &nbs=
p; Mr.
Rhodes: I've taken (inaud=
ible)
off of 3 and combined it into Alternate 2R. Essentially what we have is
&=
nbsp; &=
nbsp; Mr.
Duplissie: Where does the=
drainage
from the driveway go from
&=
nbsp; &nbs=
p; Mr.
Rhodes: Basically it's th=
e same
as, it's virtually flat in through this area here.
&=
nbsp; &=
nbsp; Mr.
Duplissie: But this is al=
l downhill
right so it is going to end up down here?
&=
nbsp; &nbs=
p; Mr.
Rhodes: Yes.
&=
nbsp; &=
nbsp; Mr.
Polletta: Will it end up =
in the
buffer or end up on the road?
&=
nbsp; &=
nbsp; Mr.
Rhodes: In the buffer.
&=
nbsp; &nbs=
p; Mr.
Polletta: You cannot put =
like a
curb in?
&=
nbsp; &=
nbsp; Mr.
Rhodes: It drops down 3% =
from
Cherry, flattens out here, and comes back at 3% (inaudible).
&=
nbsp; &nbs=
p; Mr.
Polletta: You cannot try =
to (inaudible)
point it over there and drop it into the catch basin on
&=
nbsp; &=
nbsp; Mr.
Rhodes: (Inaudible) do fi=
lling.
&=
nbsp; &nbs=
p; Mr.
Polletta: No, I’m t=
alking
about right in the road, before the catch basin here on the lower point, it
will not drain in there?
&=
nbsp; &=
nbsp; Mr.
Rhodes: No, it's too high=
.
&=
nbsp; &nbs=
p; Mr.
Duplissie: You'd end up w=
ith
all that runoff from that driveway down to the wetlands.
&=
nbsp; &=
nbsp; Mr.
Rhodes: Here's the invert=
for
the catch basin.
&=
nbsp; &nbs=
p; Mr.
Polletta: So this is your
lowest point, right here?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 11
&=
nbsp; &=
nbsp; Mr.
Rhodes: Yes.
&=
nbsp; &nbs=
p; Mr.
Polletta: So what are you=
doing
with the water when it reaches over here?
&=
nbsp; &=
nbsp; Mr.
Rhodes: It's (inaudible)
wetlands. The development is =
not
paving the driveways, to be left in gravel.
&=
nbsp; &=
nbsp; Mr.
Duplissie: It's still goi=
ng to
drain downhill, especially with the rain we're getting tonight, it's all go=
ing
to end up . . . .
&=
nbsp; &nbs=
p; Mr.
Polletta: Yea, but how ca=
n we
protect the runoff, before it enters the wetlands?
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Does there =
have
to be a certain distance between driveways?
&=
nbsp; &=
nbsp; Mr.
Rhodes: No. What we have here is the zoning,
requires 175 building square (inaudible) front setback line, that dictates =
this
line here, that's why I can't bump it up anymore.
&=
nbsp; &=
nbsp; Ms.
Sturgis: You can't call t=
his a
road, instead of calling it a driveway?
&=
nbsp; &=
nbsp; Mr.
Rhodes: No, they don't al=
low
that. We'd have to build a 30=
foot
road, drainage.
&=
nbsp; &=
nbsp; Ms.
Sturgis: Like a narrow ro=
ad?
&=
nbsp; &=
nbsp; Mr.
Rhodes: I don't know, but=
(inaudible)
3 lots.
&=
nbsp; &=
nbsp; Mr.
Polletta: Is there anythi=
ng you
can design to protect the wetlands?
Is there anything you can do rather than just dropping this water in=
to
the wetlands at the edge of the road?
&=
nbsp; &=
nbsp; Mr.
Rhodes: You can put in a
drywell and runoff ditches.
&=
nbsp; &=
nbsp; Mr.
Polletta: I don't like ho=
w it
is going right into the wetlands, but if you could show me something that w=
ould
work, I would look at it different, but I agree with Mr. Duplissie, all of =
this
water is going to go right in, and if you have a downpour like tonight, it =
will
create a mess here.
&=
nbsp; &=
nbsp; Mr.
Rhodes: The only thing we=
could
do is just divert it here and (inaudible) buffer area (inaudible) shallow
detention basin and let it bleed off, and then you're disturbing more buffer
area.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Right, but you =
can
put in curtain drains or something?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 12
&=
nbsp; &=
nbsp; Mr.
Rhodes: Right now the uti=
lities
are only down about 5 feet.
Sanitary water in that area.
&=
nbsp; &=
nbsp; Mr.
Polletta: Water and sewer=
is
only down 5 feet?
&=
nbsp; &=
nbsp; Mr.
Rhodes: Yes.
&=
nbsp; &=
nbsp; Ms.
Sturgis: Is there any way=
that
we can request, as a Commission, that they reconsider this idea of a shared=
driveway? Like you said, there's no regulati=
on.
&=
nbsp; &=
nbsp; Mr.
Rafey: We don't have to f=
ollow
the zoning regulations, you have to follow your own regulations. There is an existing, there is a
feasible and prudent alternative that they can develop this land without go=
ing
into the wetlands or the 50 foot setback area.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: We can approve
Alternate #3, right?
&=
nbsp; &=
nbsp; Mr.
Rafey: Yes.
&=
nbsp; &=
nbsp; Mr.
Duplissie: The fact that P
& Z doesn't like it has nothing to do with us.
&=
nbsp; &=
nbsp; Mr.
Rafey: They can (inaudibl=
e). It's not your job to enforce the z=
oning regulations
of this Town, you have your own regulations.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Either the sha=
red
common driveway to Lots #2 and #3, or eliminate Lot #3 just to stay out of =
our
buffer, whichever way they go about it doesn't really matter.
&=
nbsp; &=
nbsp; Mr.
Rafey: They can go and ta=
lk to them
but this Commission should look at how we can reduce the impact on the wetl=
ands.
That's is your job.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Alternate #3 i=
s what
we suggested.
&=
nbsp; &=
nbsp; Mr.
Rafey: We spent a lot of =
time
on this, I mean this is the third night that we are talking about this, (in=
audible)
commission made suggestions, the engineer provided a nice plan that meets a=
ll
of our requirements.
&=
nbsp; &=
nbsp; Mr.
Polletta: I would go with=
that
one.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Alternate #3 o=
r a 2
lot subdivision; it doesn’t matter to me. Alternate #3 does exactly what we
want. Everything is totally o=
ut of our
setback area.
&=
nbsp; &=
nbsp; Mr.
Polletta: So why don't we=
stick
with Alternate #3 and let Planning and Zoning do what they got to do.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 13
&=
nbsp; &=
nbsp; Mr.
Duplissie: It works for m=
e.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Yea, they c=
an
make an exception.
&=
nbsp; &=
nbsp; Mr.
Duplissie: In this instan=
ce I'd
rather have that shared common driveway, let them deal with it, and keep th=
em
away from that totally, that's a nice little wetland area.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Well you on=
ly
have one driveway running back there rather than 2. I mean even if it wasn't in the we=
tlands.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Yea, right now
Alternate #2 has 2 driveways coming down, and
&=
nbsp; &=
nbsp; Mr.
Rafey: Can I suggest that=
if
the Commission wants to make a decision, that entire wetland area and the 50
foot setback area should be designated as conservation restricted area and =
it
should be placarded so that future homeowners know that there is no disturb=
ance
in that area. Entirely they a=
re protected
by the wetlands regulations but we always want to put a conservation restri=
ction
on it.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Do you have any
problem with that?
&=
nbsp; &=
nbsp; Mr.
Rhodes: No.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Going back =
to
this point about the water coming down from
&=
nbsp; &=
nbsp; Mr.
Rhodes: It's overland flo=
w.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: But it's go=
ing to
flow this way, or will it come down here?
&=
nbsp; &=
nbsp; Mr.
Rhodes: It will flow down=
to
here and kind of spread out over this way.=
This driveway on this Alternate 2R is basically the same location as
Alternate #3.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: Let's go to=
#3.
&=
nbsp; &=
nbsp; Mr.
Rhodes: (Inaudible) up he=
re
just for safety in case (inaudible).
&=
nbsp; &=
nbsp; Mr.
Undercuffler: So this wil=
l all
be swales or whatever coming downer?
&=
nbsp; &=
nbsp; Mr.
Rhodes: Correct. It flattens out in this area here =
and
then it goes up.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: But there is a =
low
spot there and then it kind of bellies?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 14
&=
nbsp; &=
nbsp; Mr.
Rhodes: Right, but the lo=
w spot
is away from the . . . .
&=
nbsp; &=
nbsp; Mr.
Duplissie: Yea, but you'r=
e away
from the upland review area, you’re 15 20 feet. What's the scale on it? 40 scale, and it looks like you're=
close
to 20 feet away, right?
&=
nbsp; &=
nbsp; Mr.
Rhodes: Yea, you do 10 fe=
et
from the buffer area.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Rather than be=
ing on
Alternate 2R, you’re in the buffer and only 20 feet away from the
wetlands with that driveway. =
I'd
rather be 60 feet away with a common driveway than 2 feet away with a gravel
driveway.
&=
nbsp; &=
nbsp; Mr.
Berger: I honestly haven'=
t spent
a lot of time reviewing this yet, because it was too many things up in the =
air
and ,moving around. I look at=
the increase
in runoff due to the additional rooftop and he's got that going into
infiltrators, which will be properly sized, so as far as the increase in ru=
noff
that would address any concerns I have.&nb=
sp;
Sediment and erosion control, he's got quite a bit of stuff on here,=
if
you were to move forward, but I'd certainly want to reserve the right for m=
inor
technical revisions based on a final review of the plan.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Well we have to
either decide tonight or schedule a public hearing if there is public inter=
est. How do you feel about that?
&=
nbsp; &=
nbsp; Mr.
Polletta: I don't think t=
hat if
we use this plan really there's not that much disturbance. We can with the 50 feet on this pl=
an but
if we use the other plan where he goes through the wetlands and the 50 foot
right of way, then I would say, but if we stay with this plan . . . .
&=
nbsp; &=
nbsp; Mr.
Duplissie: Alternate #3 n=
o, but
Alternate #2R I would say there is enough interest for a public hearing.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Well it's a maj=
or
activity. If we went with 2R =
you're
talking about significant activity.
&=
nbsp; &=
nbsp; Mr.
Duplissie: 2R is 3,200 sq=
uare
feet of upland review area, but 2 driveways, coming down . . . . .
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Not a significa=
nt
activity, at least in my opinion.
&=
nbsp; &=
nbsp; Mr.
Duplissie: I agree.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 15
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. Sturgis) to Approve Alternate #3 for Application #576 of Cherry Avenue, LLC for constructi=
on of
a two-lot residential subdivision on Cherry Avenue, Watertown, CT subject t=
o technical
review by the Town Engineer, and all wetlands and upland review area to be a
conservation easement, with placards every 50 feet., as well as subject to
standard conditions.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
D. =
; Application
#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; Michael
Quicquaro,
&=
nbsp; &nbs=
p; Mr.
Quicquaro: Unfortunately =
Bob
Smith from the Torrington Area Health District was supposed to be here toni=
ght.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Yea, that was my
understanding too.
&=
nbsp; &nbs=
p; Mr.
Rafey: Do you want to pas=
s this
and then talk about it later?
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Move Application #577 of Michael Quicquaro for installation of an onsite septic system a=
t 52
Flint Lock Road, Watertown, CT to Agenda Item 5H.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
E. =
; Application
#578 of Anthony Caruso for construction of an 8-lot residential subdivision
"Waters of Winnemaug" located between
&=
nbsp; &nbs=
p; If
a public hearing is Closed on November 16, 2006, then a decision is require=
d by
January 19, 2007.
&=
nbsp; &nbs=
p; Mr.
Polletta: Can we change this to 7 lots?
&=
nbsp; &nbs=
p; Mr.
Rafey: Originally when th=
ey
submitted it they said
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 16
&=
nbsp; &=
nbsp; Mr.
Polletta: Okay, so itR=
17;s 7
lots.
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Polletta) to Table Application #578 of Anthony Caruso for construction of an 8-lot residential subdivi=
sion
"Waters of Winnemaug" located between Caruso Drive and Flint Lock
Road, Watertown, CT.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
F. =
; Application
#579 of Ronald Clemente for construction of an above ground pool and deck a=
t
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by December 15, 2=
006.
&=
nbsp; &nbs=
p; Elizabeth
Clemente,
&=
nbsp; &nbs=
p; Ms.
Clemente: We went with th=
e idea
of moving the pool to outside the existing deck. My husband did the measurements.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well we said we
needed to be at least 4 feet away from the deck?
&=
nbsp; &nbs=
p; Ms.
Clemente: Yes.
&=
nbsp; &nbs=
p; Mr.
Duplissie: The pool will =
be 4
feet away from the existing deck?
&=
nbsp; &nbs=
p; Mr.
Rafey: It can be attached=
to
the deck if they want.
=
; &n=
bsp; Ms.
Clemente: Yea, I'm not so sure what we're going t=
o do
with the 4 feet away from the deck.
=
; &n=
bsp; Mr.
Duplissie: (Inaudible) be attached?
=
; &n=
bsp; Mr.
Rafey: Yes, the only thing that they can =
keep
10 feet distance from the house, they need a setback of 5 feet from the rea=
r property
line. If it's attached to the=
house
or less than 10 feet, the setback from the rear property line becomes 30 fe=
et. They need a variance anyway, I thin=
k they
want to go to the Zoning Board of Appeals for a variance.
&=
nbsp; &nbs=
p; Ms.
Clemente: Yes, now we nee=
d a variance
because now we're closer to the brook.
&=
nbsp; &nbs=
p; Mr.
Rafey: No, how far is the=
deck
and the pool is from the rear property line?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 17
=
; &n=
bsp; Mr.
Clemente: We are 86 feet in. I measured from the street to the =
deck
and that was 86.6 feet.
&=
nbsp; &nbs=
p; Mr.
Duplissie: From the stree=
t to
the back of the deck?
&=
nbsp; &nbs=
p; Mr.
Clemente: Well the proper=
ty
lines aren't 21 from the street to the brook.
&=
nbsp; &nbs=
p; Mr.
Duplissie: 121, I don't s=
ee
that. Okay I see that.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: And the bro=
ok is
your property line?
&=
nbsp; &nbs=
p; Mr.
Clemente: Yes.
&=
nbsp; &nbs=
p; Mr.
Polletta: From the rear o=
f the property
then you've got more than 30?
&=
nbsp; &=
nbsp; Mr.
Clemente: Right, we've go=
t 35
feet. To the deck.
&=
nbsp; &nbs=
p; Mr.
Rafey: From the existing =
deck
you have 35 feet to the rear property line?
&=
nbsp; &nbs=
p; Mr.
Clemente: Exactly.
&=
nbsp; &nbs=
p; Mr.
Rafey: How wide is the po=
ol?
&=
nbsp; &nbs=
p; Mr.
Clemente: 12 feet.
&=
nbsp; &nbs=
p; Mr.
Rafey: And you want to ke=
ep 4
feet distance?
&=
nbsp; &nbs=
p; Mr.
Clemente: No. I want to attach right to the deck=
.
&=
nbsp; &nbs=
p; Mr.
Rafey: How wide is the po=
ol
deck?
&=
nbsp; &nbs=
p; Mr.
Clemente: 12 feet.
&=
nbsp; &nbs=
p; Mr.
Rafey: 24, you have 11 fe=
et
from the rear property line. =
You
should go to the Zoning Board of Appeals for a variance of 19 feet. (Tape #2, Side A ended - may have =
missed
some).
&=
nbsp; &nbs=
p; Mr.
Duplissie: When we were o=
n that
site the other day from the existing edge of the deck in the rear of the ho=
use,
towards the stream, they probably have somewhere around 55 feet, I know it's
more than 35 feet, so I can't tell you that it doesn't add up properly.
&=
nbsp; &nbs=
p; Mr.
Clemente: Well 35 feet, I=
don't
know if you saw how the brook runs . . . .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 18
&=
nbsp; &nbs=
p; Mr.
Duplissie: It comes in an=
d goes
. . . . .
&=
nbsp; &nbs=
p; Mr.
Clemente: Right, so from =
that
part of the driveway down, it's like 35 feet. What you're saying to the deck is
probably farther . . . .
&=
nbsp; &nbs=
p; Mr.
Duplissie: Right, and what
we're saying, from the edge of the deck, and let’s just use 50 feet, =
if
you use 50 feet from the edge of the deck and you're putting in a 12 foot p=
ool,
that's going to leave you 37 feet from the edge of the pool to the stream w=
hich
is your back property line, you don’t need a variance.
&=
nbsp; &nbs=
p; Ms.
Sturgis: Well you have an=
other
12 feet for something around the pool.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Are you putting
another deck on the back side of the pool?
&=
nbsp; &nbs=
p; Mr.
Clemente: No. See where the deck is, that's on t=
he
side there, that's going to be right butted up against the (inaudible).
&=
nbsp; &nbs=
p; Mr.
Rafey: But it goes around=
the
pool the way it is.
&=
nbsp; &nbs=
p; Mr.
Clemente: I'm not the bes=
t for
drawing.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Right now you'=
re
showing the deck going further.
This is the edge of the pool line.&=
nbsp;
If you keep the deck on the same line, don't go past it this way, and
you keep this edge from here to the stream 35 feet, the you don't need a
variance. Cause your pool is =
only
12 feet, so you can come back towards to the house if you want to (inaudibl=
e). Your driveway is right here somewh=
ere,
but if you put the deck on this side, you're going to need a variance from =
the
Zoning Board of Appeals.
&=
nbsp; &nbs=
p; Mr.
Polletta: How did you get=
(inaudible)
map, you went to the Town Hall?
&=
nbsp; &nbs=
p; Mr.
Clemente: I had (inaudibl=
e) 121
feet.
&=
nbsp; &nbs=
p; Mr.
Polletta: From the other =
guy's
property?
&=
nbsp; &nbs=
p; Mr.
Clemente: No. 80 feet from here.
&=
nbsp; &nbs=
p; Mr.
Duplissie: I know it's no=
t . .
. .
&=
nbsp; &nbs=
p; Mr.
Rafey: If from the road t=
o the
back of the deck is 86 feet, they have 35 feet left and the pool is 12 feet=
and
if they want to keep a 4 foot distance on that, it's up to them. Just 12 feet and 35 minus 12 is 23=
feet,
so they need a 7 foot variance.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 19
&=
nbsp; &nbs=
p; Mr.
Duplissie: Yea. That's what these numbers state, b=
ut if
I remember correctly there was more than 35 feet from the edge of this
e4xisting deck to the edge of the bank of the river or stream, whatever you=
have
back there, it's a lot more than 35 feet.
&=
nbsp; &nbs=
p; Mr.
Rafey: I think I measured=
it
and 35 feet is correct. If the
Commission makes a decision before we issue a coning permit I will go there
anyway to check that.
&=
nbsp; &nbs=
p; Mr.
Duplissie: At this point =
we're
saying yes, if they're keeping it the 12 foot, we’re saying yes to th=
is?
&=
nbsp; &nbs=
p; Mr.
Rafey: If you approve this
location behind the deck, (inaudible).
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well yea the di=
stance
back there is . . . .
&=
nbsp; &nbs=
p; Mr.
Rafey: And after that the=
y need
a zoning permit, and before I issue a zoning permit I have to go to the
property to do all the measurements.
If they need a variance they have to go to the Zoning Board of
Appeals. If they have 30 feet=
from
the edge of the pool to the property line, then they won't have to.
&=
nbsp; &nbs=
p; Mr.
Duplissie: So you'll go c=
heck
that and we can say yes to this location.
&=
nbsp; &nbs=
p; Mr.
Rafey: But the Commission=
has
to approve this first before they get a zoning permit.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Ms. Russ) to Approve Application #579 of Ronald Clemente for construction of an above ground pool and de=
ck
at 62 Frances Ann Drive, Oakville, CT as shown on this map.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
G. =
; Application
#580 of Northrop Grunmann Space & Mission System Corp. for a soil
remediation project at 100 New wood Road,
&=
nbsp; &nbs=
p; If
a public hearing is not held, then a decision is required by December 15, 2=
006.
&=
nbsp; &nbs=
p; Tamera
Brook Devine, Northrop Grunmann Space & Mission System Corp.
&=
nbsp; &nbs=
p; Ms.
Brook Devine: I was here =
last
month. I don't have anything
further to add.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: We couldn't app=
rove
it at last month's meeting anyway, so are there any questions? It seems straightforward. Yea, something has to be done,
you’re talking about a couple hundred square feet of clean up, remedi=
al .
. . .
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 20
&=
nbsp; &nbs=
p; Ms.
Brook Devine: 100 square =
feet
at most.
&=
nbsp; &nbs=
p; Mr.
Polletta: Everyone will b=
e done
by hand, no machines?
&=
nbsp; &nbs=
p; Ms.
Brook Devine: There will =
be
hand digging and then probably putting it in 5 gallon pails and bringing it=
up
in 55 gallon drums and then it will be removed from the site. We put hay bales in along the edge=
of
our delineated work zone. New
grading area, I think when we had our preapplication meeting, we talked abo=
ut
not bringing in new material but regrading the existing material that's
there. We didn't want to intr=
oduce anything.
&=
nbsp; &nbs=
p; Mr.
Duplissie: I think we went
through this all last month, but we couldn't approve it because of the time=
.
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Ms. Russ) to Approve Application #580 of Northrop Grunmann Space & Mission System Corp. for a soil
remediation project at 100 New wood Road,
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
H. =
; Application
#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; Mr.
Zawadzki: Bob Smith is st=
ill
not here.
&=
nbsp; &nbs=
p; Michael
Quicquaro,
&=
nbsp; &=
nbsp; Mr.
Quicquaro: Last month I
understand I was on the Agenda, but I was unaware of that, I never got any
letters or anything so we (inaudible).&nbs=
p;
Nothing has really changed as far as the design of the system at
all. Really all the questions=
were
about the placement of the system and after the field walk I presented your
suggestions to my engineer and basically his answer was that the soils in t=
he
area where you were suggesting were not suitable for the system. And it was suggested that more san=
d be
used for the system, some fake up for that (inaudible) and basically he's
saying no matter what, once you hit the soils that aren't suitable there wi=
ll
be problems. My only alternat=
ive
for (inaudible) system is pretty much where it is.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Yea, we were
suggesting to move it back towards your stone wall there which is where, you
showed existing boxes, is that where it is now? Up against the stone wall?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 21
&=
nbsp; &=
nbsp; Mr.
Quicquaro: Yes. The current system is right in fro=
nt of
the stone wall. The longer fi=
eld is
closer to the wall and the shorter one is farther away.
&=
nbsp; &=
nbsp; Mr.
Zawadzki: So we were aski=
ng him
if both systems could be moved back towards the house.
=
; &n=
bsp; Mr.
Quicquaro: Right, and basically the soils tha=
t were
good for the system were removed and so that . . . .
= ; &n= bsp; Mr. Zawadzki: During the original construction?<= o:p>
=
; &n=
bsp; Mr.
Quicquaro: Right. To the best of their ability to te=
ll
what happened, looking at what's happening there now and the way the tests =
had
shown for percolation and what not, that's the best explanation that can be
determined at this point. Tha=
t's
why the system is where it is. He
basically kept testing downward until he found soil that was suitable. We had a soil scientist as well th=
ere
doing these tests.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: And so basicall=
y you
brought Mr. Smith to verify that's the most practical solution?
=
; &n=
bsp; Mr.
Quicquaro: Yea, he's familiar with this since=
4
months after I moved into this house the system wasn't working correctly an=
d I've
been there 8 years, so it's just gotten to a point now where I'd like to (i=
naudible)
and hopefully this will be the solution.
&=
nbsp; &nbs=
p; Robert
Smith, Registered Sanitarian, Torrington Area Health District
&=
nbsp; &nbs=
p; Mr.
Smith: When Mr. Quicquaro=
said
to me that the Commission had entertained the possibility of possibly just
pushing the system back up the hill and bringing in more sand, I thought it
smarter to show up and maybe educate just a little bit. We determined that when the origin=
al
house was built, that a lot of the soil was stolen out of the back yard.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 22
&=
nbsp; &nbs=
p; We
went up to look at what was originally determined to be his septic reserve
area. As the Commission Membe=
rs are
aware of for new construction, there is an area set aside for a primary and=
an
area set aside for a reserve, and essentially the reserve area so set aside=
so
that if during the construction of a home the primary area is messed up for
whatever reason, and stuff happens, that there is this fall back area. Well what we found, from doing all=
of
the testing as we approached the lake, was that the soil had been removed a=
nd
just a smingling of topsoil put back so enough to get an okay lawn. Now as far as the septic system and
bringing in more sand, what happens is all we really do when we bring in sa=
nd
is that the sewage is filtered through the sand, the septic sand as it drops
downward, but hits this impervious layer and then scoops parallel to the gr=
ade,
so what we would expect, or my expectation would be partially treated afflu=
ent
would be bringing out at the toe of the slope where we bring in more sand,
that's why we look at putting it into what we refer to as the "b"=
horizon,
we remove the topsoil, we look at that low layer and in his neighborhood th=
at
"c" horizon would be more of a hardpan really tight compact
soil. These top two layers we=
re
stolen, for lack of a better =
term,
to a point that we determined was the starting area on (inaudible) conserva=
tion
easement. And what we looked =
at, I
believe the conservation easement out here is 100 feet.
=
; &n=
bsp; Mr.
Zawadzki: Well you've got a lake offset the
easement is not, it's about more like 50 here, it's just inside the 50 foot
wetland boundary.
&=
nbsp; &=
nbsp; Mr.
Quicquaro: I think we sta=
yed
outside the 50 foot.
=
; &n=
bsp; Mr.
Zawadzki: Yea, you're in there a little.
=
; &n=
bsp; Mr.
Smith: Just a little bit into that 50 foot
wetland offset. Now what we c=
an do
to satisfy the Commission Members is the engineer's recommendation by desig=
n is
my recommendation by approval is the septic system be put in as close to th=
ose
naturally occurring soils that are still (inaudible). We know they're there in the origi=
nal
conservation easement because that was a no fly zone, they weren't allowed =
to
get down there and steal soil, they would have gotten caught. What we can do and offer up to the
Commission is that when it comes time to do the installation, we can explore
this design and look up the hill and if we can go 5 more feet we can certai=
nly
do that, or your edification, the public health code requires 50 feet from =
the
septic system to open water, so except for that scant area on which would be
that's standing at the lake looking at the back of the house on the right h=
and
side or the southeasterly corner rather we're just barely . . . .
=
; &n=
bsp; Mr.
Rafey: (Inaudible) hundred.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 23
&=
nbsp; &=
nbsp; Mr.
Smith: I'm sorry. Okay you can see that 50 feet wetl=
and
off that buffer, where that yellow road is just crossing into it? Torrington Area Health District ha=
s a
septic regulation if 75 feet from wetlands and you all have a 100 foot and =
what
we have to do is we're going to take the existing septic system, in order to
make this fit, because we're now down to crunch time, in order to make this
septic system ft is what we're going to do is install the septic system take
the old system off line, allow the existing sewage that's in that lower tre=
nch
to percolate into the ground and it's going to be my recommendation that th=
ey
get pumped out, from the distribution box so we get as much effluent out of
there as possible and then take that upper trench and turn it into a curtain
drain, because we still have this groundwater problem from the boulders . .=
. .
&=
nbsp; &=
nbsp; Mr.
Duplissie: Upstream water=
down
towards the lake, bypass the septic system so that you're not getting (inau=
dible).
&=
nbsp; &=
nbsp; Mr.
Smith: Right, and I will
certainly promise the Commission that if you folks are okay with this propo=
sed
installation, that we will explore up the hill to a point that we come to w=
here
they stopped stealing soil and we'll make that our go point and work our way
backwards.
&=
nbsp; &nbs=
p; Ms.
Sturgis: Where does the c=
urtain
drain go to?
&=
nbsp; &nbs=
p; Mr.
Smith: The curtain drain =
itself
runs in generally a north/south direction and the discharge end of it, at t=
his
point it goes from percolated pipe to solid pipe and discharges to the area
just above the conservation easement, just inside that 50 foot wetland setb=
ack
line so that our level of expectation is we wouldn't get a lot of erosion, =
that
the conservation easement itself will slow the water down just get it out i=
nto
an area so we won't get a big problem in the lake. Just shy, that's 50 feet from the =
open
water, so this maybe 45 feet of land that that water can come out onto. Obviously as part of my job, we wa=
nt to
make sure that we're not picking up sewage from the old septic system and
discharging it towards the lake, that's why we're going to do, we're going =
to
work our way back out from the lake and pump that up and have the family wo=
rk
off an empty tank while this is all being done, (inaudible).
=
; &n=
bsp; Mr.
Duplissie: So you'll be physically on the sit=
e when
they're digging so that you'll (inaudible) it as far back as you can pull i=
t up
towards the house you will?
&=
nbsp; &nbs=
p; Mr.
Smith: Absolutely.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 24
&=
nbsp; &=
nbsp; Mr.
Duplissie: That's #1. #2 is this conservation easement a=
rea on
this, and I don't want to pick on you, but when we were on the site, that w=
hole
area is conservation easement around the lake, but when we were on the site
there are two areas that are mowed all the way down to the lake, on one side
and the other. There is a who=
le
area that goes down this way and then another one down to this side.
=
; &n=
bsp; Mr.
Quicquaro: I think it's just from walking.
=
; &n=
bsp; Mr.
Duplissie: It's a big area. When it's a conservation easement =
is
means you don't remove shrubs, you don't make paths, you don't put sheds on
it. I think there is a shed o=
n this
side.
&=
nbsp; &=
nbsp; Mr.
Quicquaro: It's a tree fo=
rt.
=
; &n=
bsp; Mr.
Duplissie: Not so much you, but we've had oth=
ers
who have just brought their lawn all the way down to the edge of the
water. I just want you to be =
aware
of that. Don't go anymore, I =
can
see that there are areas that have been done and it's nice around the lake,=
you
want to have access to it, but don't open it up anymore, okay?
&=
nbsp; &=
nbsp; Mr.
Quicquaro: Sure.
&=
nbsp; &=
nbsp; Mr.
Duplissie: I think Bob wi=
ll help
you with the sanitation end.
There's not much we can do.
Do we want you to put your septic system there? No.
But right now we don't have a choice. Your septic system is leaching int=
o the
lake, it's percolating out and running right down to the lake, so we're bet=
ter
off treating that before it gets to the lake so we don't have a choice so I
think we have to go with this.
=
; &n=
bsp; Mr.
Rafey: No. Bob, is this the la=
st
reserve area for the septic system?
What happens if this system fails?
=
; &n=
bsp; Mr.
Smith: Hopefully I'll be retired.
What we can do is if this fails, and at some point it will, level of
expectation is 25 or 30 years, at the point when this fails, this system wi=
ll
have to be dug out and put back in the same spot because he has no original
"b" horizon. Now th=
ere
will be, obviously with frost heaving and moving the soil around some aerat=
ion,
so of that we'll get some "b" horizon back but nothing that's goi=
ng to
be substantial enough to put a septic system on the uphill side of this and=
the
installation of this new curtain drain will certainly dictate where this new
septic system, beyond this one, will go.
=
; &n=
bsp; Mr.
Quicquaro: For a regular property, what do yo=
u do,
just alternate between the two?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 25
=
; &n=
bsp; Mr.
Duplissie: Well you'd have an alternate area,
that's why you have a reserve area.
&=
nbsp; &nbs=
p; Mr.
Quicquaro: After 30 years=
it
goes to the other one.
=
; &n=
bsp; Mr.
Duplissie: You're already on your reserve area
because . . . .
&=
nbsp; &=
nbsp; Mr.
Quicquaro: (Inaudible) af=
ter
that, then what are you going to do?
=
; &n=
bsp; Mr.
Duplissie: Bob just said this system would ha=
ve to
be totally excavated, you'd have to bring in new material, put in new galle=
ys, they're
coming out with new stuff every day, I think they've got some new stuff com=
ing
out right now, so who knows what they’ll come out with in 15 years.
=
; &n=
bsp; Mr.
Quicquaro: No, but I want to get with a typic=
al
situation where there is a designed area and an alternate, so in 30 years, =
what
is the expectation at this point?
It sounds like most systems don't last more than 30 or 40 years. So do we just keep on using the
alternates, and then 40 years from then . . . . .
=
; &n=
bsp; Mr.
Duplissie: You were here earlier and you hear=
d that
some of these little camps on the lake have a 75 gallon drum as a septic ta=
nk
and it's been using for 50, 70 years.
&=
nbsp; &=
nbsp; Mr.
Quicquaro: People don't h=
ave an
infinite amount of space on their lots so . . . .
&=
nbsp; &=
nbsp; Mr.
Duplissie: Well typically=
you
have a larger lot than this and you have alternate space. You have been robbed. Your system should be working.
&=
nbsp; &=
nbsp; Mr.
Quicquaro: But an alterna=
te is
only one other area, yours and (inaudible) so if a house is 100, 200 years =
. .
.
=
; &n=
bsp; Mr.
Duplissie: We can't make you have 5 alternate=
s.
&=
nbsp; &=
nbsp; Mr.
Rafey: (Inaudible.)
&=
nbsp; &=
nbsp; Mr.
Zawadzki: Yea, dig it out=
and
start over.
&=
nbsp; &=
nbsp; Mr.
Duplissie: Yea, that's th=
e only
thing you can do.
&=
nbsp; &=
nbsp; Mr.
Quicquaro: So other peopl=
e who
have to do the same thing as me (inaudible).
&=
nbsp; &=
nbsp; Ms.
Sturgis: It might not fai=
l.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 26
&=
nbsp; &=
nbsp; Mr.
Duplissie: And people do =
it all
the time.
&=
nbsp; &=
nbsp; Mr.
Quicquaro: But in 30 year=
s the
(inaudible) life gets expected.
=
; &n=
bsp; Mr.
Duplissie: My house was built in 1963 and I h=
ave a
septic system, and my septic system works absolutely wonderful, I have no
problems with it. Of course I=
have
sewers running (inaudible) I could always attach to, but the system works
wonderfully.
&=
nbsp; &nbs=
p; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to approve Application #577 of Michael Quicquaro for
installation of an onsite septic system at
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; &nbs=
p; (Tape
#3, Side A ended - may have missed some.)
6. &n=
bsp; New
Applications
&=
nbsp; None
7. &n=
bsp; Old
Business
&=
nbsp; A. Application
to amend the CCIWA Permit #541 issued to Ronald Delaney, Jr. to permit
additional regulated activities on
=
; &n=
bsp; Mr.
Zawadzki: Do you have any further comments, =
Mr.
Delaney?
&=
nbsp; &nbs=
p; Ron
Delaney, Jr.,
&=
nbsp; &nbs=
p; Mr.
Delaney: Not at this poin=
t. The only thing I could mention is I
contacted the State Forrester and he's coming down, I believe it's either t=
he
27th or 28th of this month to give recommendations as far as any plantings
along the area where those hemlocks are because the hemlocks are all
dying. I have no comment unti=
l he looks
at it cause he was there a number of years ago and recommended that all the
hemlocks be removed from that whole area and all the large ones were taken =
out
but the small ones were left and they're starting to get diseases now as we=
ll.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Okay, and you c=
an get
something in writing from him?
&=
nbsp; &nbs=
p; Mr.
Delaney: I'm going to ask=
for
something in writing.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 27
&=
nbsp; &nbs=
p; Mr.
Zawadzki: It's a sensitive
subject with the neighbors because of the privacy barrier.
&=
nbsp; &nbs=
p; Mr.
Delaney: Well Liam is her=
e right
now and he could probably fill you in on that (inaudible). I talked to them a couple of times=
and
we're in full agreement, I hope we are, as to the best way things could be =
worked
out there so the bank will not go down anymore and do this on a very gradual
basis.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well the other =
thing
I think we needed was an engineered plan for the erosion control there for =
the
water, and did you talk to Roy Cavanaugh?
&=
nbsp; &nbs=
p; Mr.
Delaney: I did talk to Roy
Cavanaugh.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Since our . . .=
.
&=
nbsp; &nbs=
p; Mr.
Delaney: Since our discus=
sion,
no I did not.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Because I have a
feeling that it might be a joint venture between yourself and the Town since
it's the Town's drainage that comes into the culvert. I don’t know what Roy Cavana=
ugh
said earlier. What did you ta=
lk
about?
&=
nbsp; &nbs=
p; Mr.
Delaney: Basically what h=
e said
is what he recommended I do is take any stones that I have there and place =
them
either in the base of that water area or going up the bank a little bit and
plant little sprits along the banks.
&=
nbsp; &nbs=
p; Mr.
Polletta: But when we lef=
t that
morning we thought you were going to talk with him and get back to us, so y=
ou
didn't have a chance to speak with him?
&=
nbsp; &nbs=
p; Mr.
Delaney: I did not realiz=
e that
I was supposed to talk to him at that point in time. I apologize, cause I certainly wou=
ld
have.
&=
nbsp; &nbs=
p; Mr.
Polletta: That's what I
understand, that you were going to talk to him to see what you had to do.
&=
nbsp; &nbs=
p; Mr.
Delaney: Well I just took=
some
stuff out that was there along the edge of the bank.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 28
&=
nbsp; &nbs=
p; Mr.
Duplissie: That's just on=
that
one spot there was stuff on the edge of the bank, but this whole side yard,
when you're looking at your house from the road, on the left hand side ther=
e's
all wetlands, 4 feet from the house.
We had granted you a right of way, I think we put a 15 or 20 foot sp=
ace
along the left hand side of your house for the initial excavation and when =
we
were on that site with you we talked about excavating and pulling it forward
when you dug the foundation rather than around the house and that gave you
access, but the whole left hand side of your house is all wetlands which is
you're supposed to stay out of. You
have since graded that whole area and seeded it. At this point I don't, it's wetlan=
ds, it
was wetlands and it still is wetlands and I would like it posted and I want=
to
make it a conservation easement and I want no more action within that wetla=
nd
area. This whole side of the =
house,
this whole piece over here is wetlands and he's not supposed to be mowing i=
t,
not supposed to be grading it, not supposed to be in it, not supposed to be
seeding it.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Yea, we should =
have
some mitigating, remedial action here so that would encompass an engineered
plan for that erosion control for that whole gully there. Really it's not part of the origin=
al
application and I'm not sure we should be amending the original application=
but
have another application.
&=
nbsp; &nbs=
p; Mr.
Polletta: But it's already
disturbed now, I think now you make it even worse if you go there and remov=
e it
(inaudible) probably if you put something so nobody goes over there and let=
it
grow, don't cut the grass, leave it alone, let it grow naturally.
&=
nbsp; &nbs=
p; Mr.
Duplissie: It's wetlands,=
and
you're not supposed to be in it.
&=
nbsp; &nbs=
p; Mr.
Polletta: Right, so I mea=
n you
already disturbed it. The thi=
ng is
we spent a lot of time trying to protect the wetlands and then all of a sud=
den,
I didn't know, you're a builder, you've been around a long time so you knew
that we went out of our way, we could have said make the house smaller, we
never said that, but we gave you 15 or 20 feet to work around and you went
around and you filled in all this area.&nb=
sp;
Whatever you did it's disturbed, you see what I'm saying?
&=
nbsp; &nbs=
p; Mr.
Delaney: I never worked a=
round
the wetlands before in my life.
&=
nbsp; &nbs=
p; Ms.
Sturgis: Didn't we talk a=
bout
(inaudible) fell off like this and actually should go in and make that a li=
ttle
more (inaudible). I (inaudibl=
e)
towards an engineered plan that describes something to us.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 29
&=
nbsp; &nbs=
p; Mr.
Duplissie: Well the origi=
nal
design on this shows the topography and that shows it's probably a 2:1 or 3=
:1
slope, the original slope on the side of that bank and now it's a 1:1 slope=
, I
mean it's like this now, and it used to be like this, it was a nice tapered
slope, and now it's a 1:1 slope up there.&=
nbsp;
You're standing 10 feet above the stream where you used to stand on =
the
side of a nice sloped embankment.
And when you have a heavy rain like we're having tonight, it's washi=
ng
down and it's pulling all that stuff right down the stream with it.
&=
nbsp; &nbs=
p; Mr.
Polletta: And you don't h=
ave
any silt fence up there right now so there's nothing there. I'm just saying you planted whatev=
er you
did, but the thing is already disturbed so probably what we could do is just
protect it, just put some silt fence.
&= nbsp; &nbs= p; Mr. Duplissie: But we have to correct that embankment, we don't want to leave that embankment like that.<= o:p>
&=
nbsp; &nbs=
p; Mr.
Polletta: No, we've got to
clean it to protect, I think last time we said if you go over it with the E=
ngineering
Department they will tell you what they want. If there is a rock on the bottom, =
a rock
on the side, that's between you and them and make sure it's done right, but
definitely we have to put some silt fence.
&=
nbsp; &nbs=
p; Mr.
Duplissie: We want drawin=
gs.
&=
nbsp; &nbs=
p; Mr.
Delaney: You want some si=
lt
fence on the edge there?
&=
nbsp; &nbs=
p; Mr.
Polletta: Whatever, you h=
ave to
show it to us and whatever the Town requires you should do it. See Moosa and our engineer and the=
y'll
tell you.
&=
nbsp; &nbs=
p; Mr.
Rafey: I think there are 2
different issues that we re discussing.&nb=
sp;
There are restoration of that watercourse, that should be the subjec=
t of
a new application. After Mr.
Delaney talks to the Town's Public Works Department, if they agree to work =
with
Mr. Delaney, they can submit a new application as a new project and we need
some detailed engineering design for that.=
But that watercourse is very deep and very wide so I don't know how =
much
they want to fill and what kind of side slopes and if they use their (inaud=
ible)
for whatever they want to do, how many trees they want to cut, that should =
be
the subject f a new application.
The issue that Mr. Duplissie is talking about is extra wetlands impa=
ct
on this lot next to the house. If
you want to work on that as an amendment to the existing permit, I don't ha=
ve a
problem, but the restoration of the watercourse, that's a major project and=
it
should be submitted under a new application with some plans and drawings on=
the
engineering design.
&=
nbsp; &nbs=
p; Mr.
Polletta: I agree.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 30
&=
nbsp; &nbs=
p; Mr.
Duplissie: Well as far as=
the
amendment to the existing is that we never put a conservation easement on t=
hese
wetlands.
&=
nbsp; &=
nbsp; Mr.
Rafey: But you did approv=
e I
think 400 square feet of impact on the wetlands.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Correct, which=
is
(inaudible).
&=
nbsp; &nbs=
p; Mr.
Rafey: Mr. Delaney graded=
that
wetland area and now the impact is more than what was approved. If you want to discuss that issue =
as an
amendment to the existing permit that is fine, but the restoration of a
watercourse should be separate from the existing permit cause that has noth=
ing
to do with this. That is a se=
parate
issue and should be discussed as a new application.
&=
nbsp; &nbs=
p; Mr.
Polletta: What I was sayi=
ng
before is that when we went on the field trip, that brook did not look as b=
ad
as it looked last time, so why should the Town pay for something that he
created, that was not there before?
All the stumps and rocks and concrete, it wasn't there before, I did=
n't
see it unless some other members saw that, so I think it should be cleaned =
by the
owner of the land, then put an application in, but I think he should remove=
all
that stuff now before you get (inaudible).
&=
nbsp; &nbs=
p; Mr.
Rafey: You can ask Mr. De=
laney
to fix the slope on that side of the house, but if they want to do the broo=
k,
that should be (inaudible).
&=
nbsp; &nbs=
p; Mr.
Polletta: No, whatever is
disturbed now, whatever he did now that was not there before, do you know w=
hat
I'm talking about? N other wo=
rds
before the brook was pretty clear so the water . . . . now you're got stone,
pieces of concrete, you’ve got rocks, you've got all kinds of junk in=
it
so I'm saying remove that so the water will flow down, then whatever you ha=
ve
to do with the Town Engineer to redo that brook, I agree with Moosa, that
should be a separate application.
&=
nbsp; &nbs=
p; Mr.
Delaney: Those stumps tha=
t are
there have been there for probably 20 or 30 years.
&=
nbsp; &nbs=
p; Mr.
Polletta: I saw pieces of
concrete over there that I didn't see before. Glenn, did you see those before?
&=
nbsp; &nbs=
p; Mr.
Duplissie: No.
&=
nbsp; &nbs=
p; Mr.
Delaney: There’s on=
e area
where there's concrete there that I brush out trying to get rid of that and=
put
it in the dumpster.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Did the brush h=
ide
the concrete?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 31
&=
nbsp; &nbs=
p; Mr.
Polletta: There was nothi=
ng
there. I'm in the construction
business like you are. I hate=
to
use the word stupid, I'm not stupid, but they were not there. So the concrete, I never saw the c=
oncrete,
our Board members said he see the pieces of concrete and stuff like that, y=
ou
know yourself that you pushed some stuff, whatever you fixed, whatever you =
did,
so we're just saying fix it up a little bit so it looks halfway decent for =
you
and the neighbors don't get mad.
&=
nbsp; &nbs=
p; Mr.
Duplissie: So do we put a
conservation easement now on the wetlands, just leave the 400 square foot a=
rea
that we gave him as a limit of disturbance alongside the left hand side of =
the
house, then I would like to post that and bring all that new lawn area that=
was
(inaudible) back to original.
&=
nbsp; &nbs=
p; Ms.
Sturgis: That will come o=
n the
restoration part. Putting it =
back
the way it was, isn't that the restoration application?
&=
nbsp; &nbs=
p; Mr.
Rafey: It's up to the
Commission, but do you want to wait until they finish the job there and see
what kind of impact is involved, and after everything is resolved and then =
if
you want to put a conservation restriction area over that whole area then y=
ou
can do that.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Okay, so we ca=
n hold
off on that until the job is done?
&=
nbsp; &nbs=
p; Mr.
Rafey: Yes.
&=
nbsp; &nbs=
p; Mr.
Delaney: Knowing as far a=
s that
area there, I'm 63 now and I’ve been mowing that for about 45 or 50 y=
ears,
I was a young boy when I started mowing that. I never realized there was a probl=
em in
mowing it.
&=
nbsp; &nbs=
p; Mr.
Polletta: Maybe you did, =
but
right now it's like new grass.
&=
nbsp; &nbs=
p; Mr.
Delaney: I did plant new =
grass
in there, yes.
&=
nbsp; &nbs=
p; Mr.
Polletta: And you're not =
supposed
to basically. You know that, =
you're
smart.
&=
nbsp; &nbs=
p; Mr.
Duplissie: When you came =
in for
then application we told you it was wetlands, it was flagged by the wetland=
s,
when we walked out on the site, it was flagged as wetlands, so we said you =
had
to stay out of it we were granting you permission to build the house, not to
regrade the area, not to put new loom there, not to put seed in it, we gran=
ted
you just that little easement in the wetland, that's not to be (inaudible).=
&=
nbsp; &nbs=
p; Mr.
Zawadzki: So what are we =
saying
here? We have 2 separate thin=
gs
here. The conservation easeme=
nt for
the area and also the restoration of the watercourse which would be a separ=
ate
application.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 32
&=
nbsp; &nbs=
p; Mr.
Duplissie: I think we sho=
uld
make a conservation easement regardless and post it.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well if we go b=
ack in
and remove concrete and so forth, there's additional disturbance.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Well we'll hav=
e to
approve that additional disturbance.
That's a separate issue.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well that's wha=
t is
in front of you now is an amendment for the permit that we granted.
&=
nbsp; &nbs=
p; Mr.
Duplissie: What happened =
is
they went in and disturbed the wetland area, so we're amending it and asking
for it to be a conservation easement now.&=
nbsp;
It will be a separate application to go in and remove anything from =
the stream
but before they remove that they'll have to talk to Cavanaugh and talk to an
engineer and give us some (inaudible) about how they’re going to do t=
hat construction,
in a separate application, but for tonight the amendment is to make that a
conservation easement, all that wetland area, to within 10 feet of the hous=
e.
&=
nbsp; &nbs=
p; Ms.
Sturgis: Would it be prud=
ent to
just wait until he gets his new application before we do anything, to make =
sure
we okay that?
&=
nbsp; &nbs=
p; Mr.
Duplissie: I would like t=
o make
it a conservation easement so that there's nothing then without our approva=
l.
&=
nbsp; &nbs=
p; Mr.
Polletta: I agree.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: But this
application talks about the banks and cutting down the trees. I think that's all a separate appli=
cation. I don't think that's an amendment.=
This is treating this as an amendm=
ent,
but we said that really should be a new application with plans.
&=
nbsp; &nbs=
p; Mr.
Polletta: (Inaudible)
restoration of the watercourse?
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Well I'm lo=
oking
at what they submitted here. =
It
says he wants to stabilize the banks.
Rip rap, stone, vegetation, etc.&nb=
sp;
He wants to cut down exiting diseased hemlock trees.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Then we need dr=
awings
and all that.
&=
nbsp; &=
nbsp; Mr.
Undercuffler: And we said=
that
ought to be a new application.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Recommended pla=
ntings
and the whole bit.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 33
&=
nbsp; &nbs=
p; Mr.
Undercuffler: That would =
be a new
application, not the way it's called out here. So I don't think, I think we ought=
to
deny what he's got here and come in with a new plan.
&=
nbsp; &nbs=
p; Mr.
Polletta: That's fine wit=
h me.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Cause there=
's no
detail on the amendment. I'm =
concerned
about taking all those hemlocks down.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well he's alrea=
dy
arranged for the Forrester and I think that's a good move to get a professi=
onal
opinion on that and (inaudible) fairly specific.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: But just to=
come
in and say well the trees are dying, they ought to be cut down, they didn't
look that bad to me, and if they're taken out, I think something ought to be
put in to replace it.
&= nbsp; &nbs= p; Mr. Zawadzki: Yea, well he mentioned that too, willow plantings, but of course they take a long time.<= o:p>
&=
nbsp; &nbs=
p; Mr.
Undercuffler: I think tho=
se wert
to go on the right hand side, if I'm not mistaken, on the side towards the
house, but on the other side where the hemlocks are, I don’t know wha=
t's
going to go in there, probably nothing.
&=
nbsp; &nbs=
p; Mr.
Delaney: He's talking abo=
ut
putting in White Pine (inaudible).
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Well that w=
ould
be part of the plan when you make a proposal.
&=
nbsp; &nbs=
p; Mr.
Polletta: So what do we d=
o,
deny this application?
&=
nbsp; &nbs=
p; Mr.
Undercuffler: I would thi=
nk so.
&=
nbsp; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to Deny the amendment for CCIWA Permit #541 issued to Ronald Delaney, Jr. to permit additional
regulated activities on
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 34
&=
nbsp; &nbs=
p; Mr.
Zawadzki: So we're denyin=
g the
amendment to you Permit #541, so you need to come back with a proposal for =
what
is described here on Page 2, installation of rip rap, installation of energ=
y dissipaters,
removal of existing vegetation along the watercourse and present that as a
separate proposal with details of engineering drawings and that sort of
thing, I’d start by tal=
king
to Mr. Cavanaugh and your Forrester.
&=
nbsp; &nbs=
p; Mr.
Delaney: Is there anythin=
g else
at this point that I should do?
(Inaudible) as built from the engineer exactly what is out there,
because they've done an as built.
&=
nbsp; &nbs=
p; Mr.
Duplissie: The as built i=
s only
for the house though, it's not for the limit of the disturbed lands or the
changes in elevation of how you filled in that area. Is he doing an as built of what wa=
s and what
is now on the lands or the stream?
&=
nbsp; &nbs=
p; Mr.
Delaney: All I know is th=
ey
said they've done an as built.
&= nbsp; &nbs= p; Mr. Duplissie: The as built i= s for the house, it's not for what you've changed in the topography of the land.<= o:p>
&=
nbsp; &nbs=
p; Mr.
Delaney: I can't comment =
(inaudible)
cause I know they were out there with sticks and they were measuring.
&=
nbsp; &nbs=
p; Mr.
Rafey: I think they are d=
oing a
final as built before the issue a certificate of occupancy that is required
from the Zoning Department, you have to submit a final as built for the
property that shows all the improvements on the land.
&=
nbsp; &nbs=
p; Mr.
Polletta: Just before we =
close
this, I see some erosion. Don=
’t
you think we should put some silt fence now to eliminate more erosion going=
into
that brook? When we went on t=
he
field trip, the erosion was (inaudible) it looks like it goes right down to=
the
. . . . I mean you don't have any silt fence.
&=
nbsp; &nbs=
p; Mr.
Delaney: (Inaudible) more=
.
&=
nbsp; &nbs=
p; Mr.
Polletta: I didn't see an=
y, but
I'm saying is it close to the brook?
&=
nbsp; &nbs=
p; Mr.
Undercuffler: At the top =
of the
bank.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: You had some up
above.
&=
nbsp; &nbs=
p; Mr.
Polletta: I'm talking abo=
ut a
little more down so it will hold anything from going down to the water. I will make that part of the motio=
n,
that we have to see more silt fence.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 35
&=
nbsp; &nbs=
p; Mr.
Rafey: You already voted =
on
that, so that's something you can talk to Mr. Delaney about. On top of the back on the side of =
the brook,
you need some erosion control, silt fence or maybe hay bales. If they have to dig the ground (in=
audible)
submit an application by next month and we can review it again.
&=
nbsp; &nbs=
p; Mr.
Delaney: Okay.
8. =
New
Business
&=
nbsp; A. Watertown
Land Trust request for permission to retrieve and reposition a footbridge t=
hat
washed downstream at Fleisher Preserve located on
&=
nbsp; &nbs=
p; Mr.
Rafey: I
received this letter from the Land Trust and I didn't think an application =
was
required for this because it's like an emergency situation. There was some flooding on the prop=
erty,
they had a small bridge and it was removed. All they want to do is take the
bridge and put it back where it was before and anchor it so it will stay th=
ere. I just put it on the Agenda for yo=
ur
review and approval. You don'=
t have
to wait for the (inaudible) situation.&nbs=
p;
You can make a motion on this tonight.
&=
nbsp; &nbs=
p; Mr.
Duplissie: H=
ow are
they going to anchor the footbridge?
&=
nbsp; &nbs=
p; Mr.
Rafey: With
a chain or something, there is a drawing.
&=
nbsp; &nbs=
p; Mr.
Zawadzki Like they did on
Tedesco Trail. Mark Tedesco p=
ut
that in for the exact same reason, so if it floods it will tip it around and
get out of the way, but it will stay there because the chain will be strong
enough to hold it in place. R=
ight
now how far down did this go?
&=
nbsp; &nbs=
p; Mr.
Undercuffler: About 100 y=
ards.
&=
nbsp; &=
nbsp; &nbs=
p; MOTION: (Mr. =
Polletta,
sec. Mr. Duplissie) to grant permission to retrieve and reposition a footbr=
idge
that washed downstream at Fleisher Preserve located on
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
&=
nbsp; &nbs=
p; (Tape
#2, Side B ended - may have missed some.)
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 36
&=
nbsp; B. =
Highview
Estates
&=
nbsp; &nbs=
p; Ted
Hardt, Professional Engineer, Milone & McBroom
&=
nbsp; &nbs=
p; Mr.
Hardt: This application w=
as
approved by this Commission back in August. In our deliberations with Planning=
and Zoning,
about a month ago they first asked us to look at conceptual development of =
this
property here which is also the property of the applicant but is not part of
the subdivision. So we showed=
a
short cul de sac to this property.
They came back and said no, we would like to show an access road her=
e,
for the potential through road to Belden Street so we've shown a right of w=
ay
to here, it crosses a wetlands, we don't have any plans to build this, we d=
on't
want to get approval to build it because we don't want (inaudible) build
it. If we show it on the plan=
s,
then they'd be asking us to make that improvement, and we don't want to do
that.
&=
nbsp; &nbs=
p; Mr.
Duplissie: And we don't w=
ant
you in the wetlands.
&=
nbsp; &nbs=
p; Mr.
Undercuffler: Well this h=
as
been specifically discussed too, when this application came up we questioned
whether there was going to be a development up there and were we going to h=
ave
to provide access, we didn't want any part of that.
&=
nbsp; &nbs=
p; Mr.
Hardt: That's correct, an=
d we
basically had to cave in to the Planning and Zoning Commission's request to=
put
a right of way here for future access.&nbs=
p;
What we've done is we've picked basically the narrowest spot at grad=
e,
this (inaudible) profile of existing grades, we put just a profile of what a
road would look like and basically we're following the grades right through
here, run with the contours.
&=
nbsp; &nbs=
p; Mr.
Polletta: What do you pro=
pose (inaudible)
but how wide is that wetlands?
&=
nbsp; &nbs=
p; Mr.
Hardt: It's probably abou=
t 30
feet this way. The area of we=
tlands
within this 50 foot right of way is 1,700 square feet.
&=
nbsp; &nbs=
p; Mr.
Duplissie: That upper pie=
ce
that you're looking at that is owned also by the applicant, do you have
anything that shows the wetlands on that upper piece?
&=
nbsp; &nbs=
p; Mr.
Hardt: Yes, this has all =
been
flagged and it is shown on here.
&=
nbsp; &nbs=
p; Mr.
Duplissie: Just for ha ha=
's I'd
like to see what that other piece (inaudible).
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 37
&=
nbsp; &nbs=
p; Mr.
Hardt: This shows it a li=
ttle
bit better. The wetlands are =
very
confusing down in through here, because basically it's an old farm field, i=
t's
lots of ditches. You can see =
right
here there's a ditch, right through here there's a ditch and an intermittent
watercourse, right here there's a ditch.&n=
bsp;
This gray shaded area is all wetlands, there's fingers, it's a very =
odd
shaped, basically down in here it's very (inaudible).
&=
nbsp; &nbs=
p; Mr.
Duplissie: In your opinio=
n, if
he does develop that other side, what would the access be?
&=
nbsp; &nbs=
p; Mr.
Hardt: Right here.
&=
nbsp; &nbs=
p; Mr.
Duplissie: A dry piece th=
at
comes through there, or you have to access again through wetlands?
&=
nbsp; &nbs=
p; Mr.
Hardt: This is a little t=
iny
ditch here, there's a ditch right there.
&=
nbsp; &nbs=
p; Mr.
Polletta: By that corner =
there's
like a pump station in there?
&=
nbsp; &nbs=
p; Mr.
Duplissie: No.
&=
nbsp; &nbs=
p; Many
people talking at once (inaudible).
&=
nbsp; &nbs=
p; Mr.
Hardt: This is, Dunkin Do=
nuts
is probably right about there.
&=
nbsp; &nbs=
p; Mr.
Duplissie: At that corner,
there's a house on the corner with a pool.
&=
nbsp; &nbs=
p; Mr.
Hardt: Yes. So there is a 70 foot frontage rig=
ht
here, we can come, I mean this is conceptual, we would cross this drainage
ditch here, we'd probably cross this drainage ditch and trying to bisect to
these 2 wetlands here to get up in there.
&=
nbsp; &nbs=
p; Mr.
Duplissie: What about that
other finger that's up on the top there?
&=
nbsp; &nbs=
p; Mr.
Hardt: This here?
&=
nbsp; &nbs=
p; Mr.
Polletta: (Inaudible) whe=
re
that pump station is?
&=
nbsp; &nbs=
p; Mr.
Hardt: I think that pump
station may be up in here. Bu=
t this
I don't believe is 50 feet, I think it's 45 or something like that.
&=
nbsp; &nbs=
p; Mr.
Duplissie: So it's not al=
lowed,
the access from there?
&=
nbsp; &nbs=
p; Mr.
Hardt: Maybe an emergency
access. The site lines here a=
re
very bad, cause if you're here you can't see cars coming around this corner=
or
that corner, and it's on a very steep grade.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 38
&=
nbsp; &nbs=
p; Mr.
Duplissie: Okay, but we h=
ad to
know.
&=
nbsp; &nbs=
p; Mr.
Hardt: I just wanted to s=
how
that to you because we have been pushed and pushed and pushed on this issue=
and
I thought it would be (inaudible).
&=
nbsp; &nbs=
p; Mr.
Duplissie: There's so much
disturbance of wetlands for this whole development that came to us piece ma=
il
for Pond View and for these divisions and then they kept pieces locked away=
and
then they came back to us and said oh yea, but we own this piece and we hav=
e no
way to get into it now because they've sold all the lots on the road and now
they ask our permission and they're doing the same thing again, and that's =
why
I'm saying no. I don't want t=
o get
involved in that again.
&=
nbsp; &nbs=
p; Mr.
Hardt: At last night's Co=
mmission
meeting when they said we have to have a right of way to this other piece a=
nd
to connect over to Belden Street because it's good planning, so they wanted=
me
to go to the Wetlands Commission and get feasibility or conceptual approval
because maybe there's a dry spot to get across here, and there isn't. The watercourse comes down into Hi=
ghgate,
all the way down here, and then it starts to spread out into this wetland d=
own
here.
&=
nbsp; &nbs=
p; Mr.
Polletta: Is there less
disturbance on that corner, where you come in?
&=
nbsp; &nbs=
p; Mr.
Hardt: A little bit less,=
yes.
&=
nbsp; &nbs=
p; Mr.
Polletta: Than if you cro=
ss
this here?
&=
nbsp; &nbs=
p; Mr.
Duplissie: Can you
(inaudible)? In this one here=
, the
area that you're showing a proposed right of way, that area will stay
open? I'm only saying, I don'=
t want
to put a lot and a house there now, because if they do get locked in and we
find out in the future that that is better wetlands to cross than the other=
section
then we may have no choice but to give that (inaudible). But without having something in fr=
ont of
us showing this is so many feet, and this is so many feet . . . .
&=
nbsp; &nbs=
p; Many
people talking at once (inaudible).
&=
nbsp; &nbs=
p; Mr.
Duplissie: We don't give a
conceptual, but at this point I don't want to put a house there right now l=
ike
they did (inaudible).
&=
nbsp; &nbs=
p; Mr.
Hardt: Well we took a hou=
se out
of here, this was a 43 lot subdivision, now it's 42 and we basically had to=
put
that in where there was a house right here.
&=
nbsp; &nbs=
p; Ms.
Sturgis: Why did you have=
to
put that right of way in?
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 39
&=
nbsp; &nbs=
p; Mr.
Hardt: Basically the Plan=
ning Commission
is forcing us to do that for planning reasons, to provide access and hopefu=
lly
in their minds, to provide a through way to
&=
nbsp; &nbs=
p; Mr.
Rafey: If you remember, t=
he
first time they submitted Phase II of Highmeadow, I asked them what their p=
lan
was for that piece, and it's probably in the Minutes, and he said that ther=
e's
too much wetlands on that, we are not going to develop this property, we can
put a house there or something at that time.
&=
nbsp; &nbs=
p; Mr.
Hardt: I don't know if I =
said
that. I said that we had no p=
lans
to develop that at this time, and that is the truth. I mean all of this is upland here,=
I
mean there is a little basically I think this is all the runoff from Highga=
te,
it doesn't have an associated wetlands with it, it's basically just a ditch
that comes down. I believe th=
is is
an old road of some kind and it has collected water since it traverses the
slope here and now there is an intermittent watercourse ditch right through
here.
&=
nbsp; &nbs=
p; Ms.
Sturgis: If we don't agre=
e that
that right of way is acceptable, how can they tell you to put a right of way
there?
&=
nbsp; &nbs=
p; Mr.
Hardt: Well we have to pu=
t a
right of way there because they're asking for it, but that doesn't mean the
Wetlands Commission has to approve a road or a crossing.
&=
nbsp; &nbs=
p; Ms.
Sturgis: Well that's it, I
don't know why we have to approve a right of way at this point in time.
&=
nbsp; &nbs=
p; Mr.
Duplissie: We're not. We're saying he's asking would you=
, is
this something you would consider and we're saying no.
&=
nbsp; &nbs=
p; Ms.
Sturgis: I don't think th=
ey
should force them, they can't put one in then if we don't okay it, I guess =
is
what I'm saying.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: They're not tel=
ling
them to put it in, they're telling then to show it on the drawing.
&=
nbsp; &nbs=
p; Mr.
Rafey: If this doesn't ha=
ppen,
what is your plan for that piece now?
How will you want to develop it?
&=
nbsp; &nbs=
p; Mr.
Hardt: This piece? We show then basically a plan wher=
e we
could come in off of
&=
nbsp; &nbs=
p; Mr.
Rafey: Is there a wetland
impact here?
&=
nbsp; &nbs=
p; Mr.
Hardt: Yes, there are.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 40
&=
nbsp; &nbs=
p; Mr.
Rafey: What if they deny =
that
one too?
&=
nbsp; &nbs=
p; Mr.
Hardt: Well I mean there'=
s always
the possibility of getting a wetlands denial. I think the other issue is the Pla=
nning
and Zoning Commission wanted to make sure that they were not land locking t=
his
piece of property in anyway, but we have shown that we have enough access o=
ff
of Belden Street. We don't ha=
ve enough
frontage over here on
&=
nbsp; &nbs=
p; Ms.
Sturgis: I just have a pr=
oblem
showing a right of way on a map that implies that somebody has okayed it al=
ong
the line when nobody has okayed it.
I mean (inaudible) showing this right of way. Well there is no right of way.
&=
nbsp; &nbs=
p; Mr.
Hardt: It is a right of w=
ay, it
will be turned over to the Town as a right of way when this is done.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: It's just a dot=
ted line
on the map.
&=
nbsp; &nbs=
p; Mr.
Hardt: If somebody comes =
back
to develop this and they want to come through here . . . .
&=
nbsp; &nbs=
p; Mr.
Duplissie: We have no
choice. We're saying no, we d=
on't
want it.
&=
nbsp; &nbs=
p; Mr.
Hardt: We can submit an
application and go through the process.
&=
nbsp; &nbs=
p; Mr.
Polletta: We say no, but =
I have
to agree with Moosa, when you said there was wetlands all over the place,
that's going to be impossible piece of land to develop cause you have wetla=
nds
on both sides.
&=
nbsp; &nbs=
p; Mr.
Rafey: It was the first
question that we asked, what is the plan here? Somebody said there was too much
wetlands there and probably they will put a house or two . . . . .
&=
nbsp; &nbs=
p; Mr.
Duplissie: I don't know i=
f it
was you in particular but . . . .
&=
nbsp; &nbs=
p; Mr.
Hardt: It wasn't somebody=
from
Milone & McBroom. We agre=
e, in
this area down here is basically the body of slope and water is bleeding out
through this massive hillside, makes it collect and drops over into the
(inaudible) parking lot. That=
's all
I wanted to do, show you and (inaudible).&=
nbsp;
Thank you very much.
&=
nbsp; &nbs=
p; MOTION: (Mr.
Duplissie, sec. Ms. Sturgis) to deny the conceptual plan that was brought
before us.
&= nbsp; &nbs= p; Discussion: None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 41
9. =
Communications
and Bills
&=
nbsp; MOTION: (Mr.
Duplissie, sec. Mr. Undercuffler) to accept communications and bills as
presented.
Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
10. Repor=
ts from
Officers and Committees
&n=
bsp; =
; Mr. Zawadzki: Mr. Jones is not here, so I'll=
read
the letter he submitted: Bott=
om
line is I found no evidence that the (inaudible) had been much greater in
volume earlier.
&n=
bsp; =
; Mr.
Undercuffler: Is there an=
ything
to do?
&=
nbsp; &nbs=
p; Mr.
Zawadzki: No.
&n=
bsp; B.<=
span
style=3D'mso-tab-count:1'> =
Review
of Inland/Wetlands and Watercourse Regulations of the Town of
&n=
bsp; =
; Mr.
Undercuffler: We had a me=
eting,
the committee on regulations, and the State now has revised the revised
regulations, the new model and we cancelled the meeting beaus there was a
question on Moosa's availability to help.&=
nbsp;
I don't know where that stands now.=
I don't know whether it's been resolved or whether we want to go ahe=
ad
and schedule another meeting or wait until it's been resolved.
&=
nbsp; &nbs=
p; Mr.
Rafey: At this moment we don't have an of=
ficial
Wetlands Enforcement Officer, I'm working as the Assistant Wetlands Enforce=
ment
Officer, and they made these changes to the job description. I thought this was a done deal, th=
at the
Town had agreed that (inaudible) land use commissions they approved the job
description. And the same way=
Ruth
Mulcahy, my new boss, she thought this was a done deal and that I would take
the responsibility of the Wetlands Enforcement Officer, but there are some
issues with the Union and the Town that have not been resolved. I had a meeting with Ruth and she
suggested I meet with Chuck Frigon and I did meet with him and he told Ruth
that she should initiate something, send a letter to the Town Council and t=
he
Town Manager requesting this, because at this time we don't have a Wetlands=
Enforcement
Officer, somebody should take this responsibility. I didn't make a packet for you this
month because I'm doing probably 95% of my work is zoning enforcement now b=
ecause
Ruth is new and she's not familiar with the regulations and we have custome=
rs
and telephones, etc.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 42
&n=
bsp; =
; Mr.
Undercuffler: So you thin=
k we
ought to wait a couple of months?
&n=
bsp; =
; Mr.
Rafey: Yes, this is a big
project and I cannot take responsibility at this moment. If they appoint me as the Wetlands
Enforcement Officer then I would be glad to (inaudible).
&n=
bsp; =
; Mr.
Undercuffler: The new
regulations, there really isn't a lot of major change, but there's a lot of
little stuff all the way through.
And we have to look at the whole thing again. It's basically very much the same, =
some
change of wording, and so on, added a few things.
&=
nbsp; &nbs=
p; Mr.
Duplissie: But they recommended that we adopt=
100
foot setback too?
&n=
bsp; =
; Mr. Undercuffler: Yes.
&=
nbsp; &nbs=
p; Mr.
Duplissie: And I think that would just create=
so
much work for us especially with those little lots in Oakville that are 50 x
100, they wouldn't be able to do anything and they would definitely have all
these things in front of us and (inaudible).
&n=
bsp; =
; Mr.
Zawadzki: But you'd wind =
up
just like you just did tonight, it's an approved lot, it's grandfathered and
you wind up building a house there and paying taxes on it, so really we're =
more
interested in new stuff. I me=
an the
100 foot for the new stuff would avoid a lot of development too so that
(inaudible).
&n=
bsp; =
; Mr.
Duplissie: No, but I thin=
k like
tonight, if we had a 100 foot with this 3 lot subdivision on Cherry Street,=
it
would be a 1 lot subdivision.
&n=
bsp; =
; Mr.
Zawadzki: Right, and that=
's a
good thing.
&n=
bsp; =
; Mr. Duplissie: Yes and no. I understand the one end of it whi=
ch
we're protecting the wetlands. It's
another thing to not develop any land, and that 7.5 acre site, I don't have=
a
problem with it as a 2 lot subdivision.&nb=
sp;
I think we're protecting our wetlands with a 2 lot subdivision, but
adding it as a 3 lot subdivision with a driveway going right alongside our
wetlands I don't agree with.
&n=
bsp; =
; Mr. Undercuffler: Well the concept of the upland rev=
iew
area, there's nothing that says you can't have activity in the upland revie=
w area,
it's just that it's (inaudible) approved and if we feel there will be an im=
pact
on the wetlands, then we can deny it, but we can still approve anything wit=
hin
that inland review area.
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 43
&=
nbsp; &nbs=
p; Mr.
Rafey: And there's other factors also inv=
olved
when you review an application.
Each situation is different.
I mean an area that land is flat, even a 50 feet setback area is eno=
ugh;
in an area that you have a steep slope, you want to have 200 feet of setback
area is still very hard to control things.=
If you have that 100 feet setback, you don' have to follow it on each
one of them, but you do have the power to look at that area and see if you =
want
to control things in that area.
&=
nbsp; &nbs=
p; Mr.
Polletta: Will that work on an R-12.5 where =
the
lots are only 100 x 125 let's say?
On an R-12.5 the lots are small and you (inaudible) in the back.
&n=
bsp; =
; Mr.
Rafey: The entire lot wil=
l be
covered by (inaudible). It's a
suggestion, you don't have to do that.
&n=
bsp; =
; Mr. Polletta: According to the regulations
(inaudible).
&=
nbsp; &nbs=
p; Mr.
Duplissie: It just becomes a total 100 foot u=
pland
review area.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well that's why there are applicat=
ions.
&=
nbsp; &nbs=
p; Mr.
Rafey: But you will end up having more ap=
plications
in front of you because now you are looking at those activities within 50 f=
eet
from the edge of the wetlands. If
you have 100 feet setback probably you will have more applications coming to
you for your review.
&=
nbsp; &nbs=
p; Mr.
Zawadzki: Well there are towns around that h=
ave
100 foot setbacks so it would be up to the Conservation Commission in those
towns to see what they're (inaudible).&nbs=
p;
In fact maybe didn't you say that Litchfield had 100?
&=
nbsp; &nbs=
p; Mr.
Rafey: Many towns have 100, 150 . . . .
&n=
bsp; =
; Many
people talking at once (inaudible).
&n=
bsp; =
; Mr. Polletta: What you're saying is if you have =
the
100, but the Board makes the final decision.
&n=
bsp; =
; Mr.
Zawadzki: Well like now, =
we put
pools in the setback area, we do that now.
&n=
bsp; =
; Mr.
Polletta: We put pools in=
the
wetlands.
&n=
bsp; =
; Mr. Undercuffler: So we'll hold off a couple of mont=
hs and
see how this situation (inaudible).
&n=
bsp; =
; Mr. Rafey: If I do mostly drawings in the off=
ice
probably one day but (inaudible) wetlands (inaudible).
CONSERVATION COMMISSION/INLAND WETLANDS AGENCY
REGULAR MEETING
NOVEMBER 16, 2006
PAGE 44
11. Repor=
ts
from Staff
None
12. &n=
bsp; Public
Participation
None
13. Adjou=
rnment
&=
nbsp; MOTION: (Mr. =
Duplissie,
sec. Mr. Undercuffler) to Adjourn the Regular Meeting at 9:50 p.m.
&nbs= p; Discussion: None<= o:p>
&nbs=
p; MOTION
PASSED UNANIMOUSLY
&nbs=
p; Regular
Meeting Adjourned at 9:50 p.m.
Respect=
fully
submitted,
Ronald =
Jones,
Secretary
Conserv=
ation
Commission/
Inland
Wetlands Agency
&nbs=
p; _________________=
_________________