beagenda

MINU= TES

&nb= sp;

CONSERVA= TION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

&nb= sp;

WATERTOWN HIGH SCHOOL TECHNOLOGY CENTER

THURSDAY= , DECEMBER 14, 2006 - 7:15 PM

PRESENT: = ; &n= bsp; = ; Glenn Duplissie

= &nb= sp; = &nb= sp; Ron Jones, Secretary

= &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; 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 9:25 p.m.

2. &nb= sp; Roll Call

Mr. Jones, Secretary, executed the Roll Call.

Mr. Zawadzki, Chairman, asked Ms. Sturgis to sit in for Mr. Thermer, in his absence.

Mr. Zawadzki, Chairman, asked Ms. Russ to sit in for Mr. DiBona, in his absence= .

3. = Public Participation

&= nbsp; None

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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DECEMBER 14, 2006

PAGE 2

4.         = Action on Minutes

&nb= sp;

= A.      =            Regular Meeting, May 11, 2006

= B.      =            Continuation of Public Hearing, June 15, 2006, App. #547, Watertown Woods, L= LC

= 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:p>

= O.      =           Public Hearing, August 10, 2006, App. #567, Zohra Rafey<= /span>

= 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 of Public Hearing, September 14, 2006, App. #563, Gold= en 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

= X.      =            Continuation of Public Hearing, November 16, 2006, App. #573, Herit= age Development Group

= Y.      =            Continuation of Public Hearing, November 16, 2006, App. #578, Antho= ny Caruso

= Z.      =             Regular Meeting, November 16, 2006

        &= nbsp;   MOTION:       (Mr. = Duplissie, sec. Mr. Polletta) to Table Items 4A through 4Z as presented.

&nb= sp;

        &= nbsp;   Discussion:       None<= o:p>

&nb= sp;

=             M= OTION PASSED UNANIMOUSLY

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 3

&nb= sp;

5.         = Pending Applications

&nb= sp;

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 December 14, 2006, then a decision is require= d by February 16, 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 Bunker Hill Road, Watertown, CT.

&nbs= p;

        &= nbsp;   Discussion:       None<= o:p>

&nb= sp;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

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, Oakville, CT 06779

  = ;            &n= bsp;         Mr. Mazzettini: I have this changed from lat time = from 34 x 34 to 30 x 30 to 26 x 26 and now it's 10.8 feet from the edge of the regulated area so it's about 14 or 15 feet from the watercourse instead of right on top of it.

  = ;            &n= bsp;         Mr. Polletta: So you reduced the size of the house?

  = ;            &n= bsp;         Mr. Mazzettini: Yes, as much as possible.

  = ;            &n= bsp;         Mr. Polletta: About 25.5 from the road, is that = what the regulations call for?

  = ;            &n= bsp;         Mr. Mazzettini: It's supposed to be 25, we had it 26, I brought it to 25.5, even closer.

  = ;            &n= bsp;         Mr. Duplissie: And you would have to go for a var= iance in order to get it any father away?

  = ;            &n= bsp;         Mr. Mazzettini: Right.

  = ;            &n= bsp;         Mr. Duplissie: And they don't typically want to g= rant a variance and make it non-conforming?

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 4

  = ;            &n= bsp;         Mr. Rafey: Not for new houses. The= y have a self created hardship.

  = ;            &n= bsp;         Mr. Duplissie: I think at this point he's done wh= at he had to do and all his options are exhausted except for going to the Zoning Board of Appeals. I think at = this point we vote.

  = ;            &n= bsp;         Mr. Zawadzki: Or try another site.<= /p>

  = ;            &n= bsp;         Mr. Duplissie: You mean move to another site?

  = ;            &n= bsp;         Mr. Zawadzki: Yea.

  = ;            &n= bsp;         Mr. Duplissie: It's a lot, we have to grant him permission. 'We cannot refuse= him permission. He's done what he= has to do. He's met the Town's P & Z regulations and he's out= of our wetlands, he's in the upland review at this point. He's even reduced the size of his = house in order to accommodate giving us 10,.8 feet form the edge of the water.

  = ;            &n= bsp;         Mr. Mazzettini: From the edge of the regulated area, the water is farther away.

  = ;            &n= bsp;         Mr. Rafey: Can you put some kind of barrier where you pr9psoe that hay bale?

        &= nbsp;           &nbs= p;   Mr. Mazzettini: That's a doub= le silt fence and hay bale.

        &= nbsp;           &= nbsp;   Mr. Rafey: I mean during the construction, something permanent, can you put like a little stone wall or something to separate the regulated area from your back yard?

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Afterwards I = don't see why not.

        &= nbsp;           &= nbsp;   Mr. Rafey: Is that something = you want to . . . . .

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I'm not going= to do it before construction though.

        &= nbsp;           &= nbsp;   Mr. Rafey: No, after. If you have no plans for the other= side of the property, can that be a conservation easement area to be left natura= l as a mitigation to . . . .

        &= nbsp;           &= nbsp;   Mr. Zawadzki: Yea, I w3as goi= ng to say, (inaudible) stone wall . . . . .

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 5

        &= nbsp;           &= nbsp;   Mr. Duplissie: If he brings t= he hay bales a foot and a half closer to the house when you're installing your hay bales, so that after you're done with construction, I know there's a lot of (inaudible) on the property and you're going to dig out a lot when you're putting in your foundation, while the machine is there, just drop your rocks and build yourself a little 1 foot high wall up against your hay bale, and = just leave the hay bales and the silt fence there, don't take them out. They'll eventually rot away and th= en your stone wall will be right there.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: No problem.

        &= nbsp;           &= nbsp;   Mr. Duplissie: That will deli= neate it and then you can have like the Chairman said, I would not be adverse at = all to having the rest of that property beyond that stone wall as all conservat= ion easement so that nothing else goes in there.

        &= nbsp;           &= nbsp;   Mr. Zawadzki: It would make it easier then if you had the stone wall to maintain it.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: So pretty muc= h you're going to cut my property down from the whole square to just on left side of= the wall.

        &= nbsp;           &= nbsp;   Mr. Duplissie: It's all wetla= nds anyway.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I understand.=

        &= nbsp;           &= nbsp;   Mr. Duplissie: You didn't fla= g the rest of the piece, the other side of the street, but if you look at it that's all lowlands, you can tell by the skunk cabbage on the property so that's proba= bly all wetland anyway. He's aski= ng that you make it a conservation easement, don't try to put lawn in there or= try to fill it.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: So pretty muc= h I'll have no lawn if I (inaudible).

        &= nbsp;           &= nbsp;   Mr. Duplissie: (Inaudible.)

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Right, it's in that, but say on the other side in the far corner, if I want to put grass, I can't do that.

        &= nbsp;           &= nbsp;   Mr. Duplissie: No, it's wet anyway. Without walking this = I'm assuming it's all wetlands.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I don't know,= I never walked on the other side. We'= ve been just to the water. I don’t' recall . . . .

        &= nbsp;           &= nbsp;   Mr. Duplissie: I've been over= to the other side.

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 6

        &= nbsp;           &= nbsp;   Mr. Rafey: And how can you ac= cess that? You have to cross the b= rook to get to that corner.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Well half the= road is still covered. Remember wh= ere that pipe came out?

        &= nbsp;           &= nbsp;   Mr. Rafey: Do you want to go = to the corner, to the street, and then go around?

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Sure, I don't= know.

        &= nbsp;           &= nbsp;   Mr. Zawadzki: We are trying t= o make the best of a bad situation here and this never should have been a lot in t= he first place.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I really don'= t know what to say about it. If ther= e are dead trees I'd rather cut them down, if stuff has to be removed I'd rather = cut them down.

        &= nbsp;           &= nbsp;   Mr. Rafey: If it's a dead tre= e you are allowed to do that, you can call me and I will tell you to go ahead and= cut it.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I'm not sure = when I do that though, but I know that's going to limit (inaudible).

        &= nbsp;           &= nbsp;   Mr. Rafey: That area is regul= ated by the wetland regulations. T= he wetland and 50 foot setback area, they're all regulated and you cannot touch that anyway.

        &= nbsp;           &= nbsp;   Mr. Zawadzki: Technically if = you went in there you'd have to do it with our permission and all we're saying = is by putting the boundary there why it will remind you every time that it shouldn't be altered from its present state.

        &= nbsp;           &= nbsp;   Mr. Duplissie: If you're look= ing at it, if you take the wetlands on the other side plus the 50 foot upland revi= ew area, I don't think you would have 10 feet along the easterly side of that property. I don't think there= is a full 10 feet there of dry land.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: That's fine, = you got to do what you got to do, right?

        &= nbsp;           &= nbsp;   Mr. Duplissie: If you want to= pay for having, wetland boundary on the other side and then you bring it back to Moosa and say there is a 50 foot upland review area and it leaves me 30 fee= t up there, can I put a lawn up there, we won't stop you, but at this point I'd = like to mark it a conservation easement. If you want to have it flagged . . . .

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I can do that= down the line.

        &= nbsp;           &= nbsp;   Mr. Dup0lissie: You can do th= at down the line.

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 7

        &= nbsp;           &= nbsp;   Mr. Rafey: Once you put a con= servation restriction on it you can't touch hit.&nbs= p; If you want the remaining of this land to be a conservation restrict= ion area, that's it.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: So I would ne= ver be able to change that back.

        &= nbsp;           &= nbsp;   Mr. Rafey: Basically the limi= ts of disturbance would be the location of this silt fence and hay bales.

        &= nbsp;           &= nbsp;   Mr. Duplissie: On this side, correct.

        &= nbsp;           &= nbsp;   Mr. Rafey: And if you put a conservation restriction area on the other side . . . .

        &= nbsp;           &= nbsp;   Mr. Duplissie: Can we put som= e kind of verbiage in there that if he wants to have the other side flagged, in or= der to go onto the other side, if he wanted to . . . . .

        &= nbsp;           &= nbsp;   Mr. Rafey: Then that should b= e done before you make a decision. D= o you want to wait another month?

        &= nbsp;           &= nbsp;   Mr. Mazzettini: No. What happens if I don't want to . = . . . .

        &= nbsp;           &= nbsp;   Mr. Polletta: Can we make it a condition of the approval?

        &= nbsp;           &= nbsp;   Mr. Rafey: Or you can put a conservation easement area on all the wetlands and 50 foot upland review ar= ea, and if you can hire a soil scientist to flag the wetlands on the other side, and we see where the 50 foot . . . .

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Well I'm not = sure if there are flags on the other side yet, I can call and find out.

        &= nbsp;           &= nbsp;   Mr. Duplissie: No, when we we= re out there there wasn't.

        &= nbsp;           &= nbsp;   Mr. Polletta: Because it's an existing lot, can he do this after if he decides to do it, if we don't make= the whole thing a conservation easement?

        &= nbsp;           &= nbsp;   Mr. Zawadzki: Well that's wha= t we are trying to decide.

        &= nbsp;           &= nbsp;   Mr. Polletta: But it's an exi= sting lot. So after he builds the h= ouse, if he wants to do something he has to flag it and come back before the boar= d.

        &= nbsp;           &= nbsp;   Mr. Rafey: No based on the regulations the wetlands and 50 foot upland review area is regulated anyway. And one inch of this = map is 20 feet. If you take 2.5 inch= es on the other side of the brook, basically most of that area is . . . . .<= /o:p>

        &= nbsp;           &= nbsp;   Mr. Duplissie: That's what I = said, that whole property, that southwesterly line here is already to the corner. You understand?<= /o:p>

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 8

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Now what happ= ens if I want to make it a conservation easement?

        &= nbsp;           &= nbsp;   Mr. Duplissie: Nothing, it's = still there, you can walk on it, just don't cut any trees, don't put any fill on = it.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: No, if I don'= t want to make it a conservation easement? If I just wanted to leave it as is, without any stamp on it.

        &= nbsp;           &= nbsp;   Mr. Duplissie: You still can'= t use it.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I understand = that, but why do I have to put a stamp on it?

        &= nbsp;           &= nbsp;   Mr. Duplissie: Once you make = it a conservation easement nobody can do it either. Not just you or the next one, once= you sell the house, that's what happens, once you transfer ownership to somebody else, they don't care. If it'= s a conservation easement, then we'll make it and it's done.

        &= nbsp;           &= nbsp;   Mr. Undercuffler: But the oth= er people still wouldn't be able to go within that 50 foot setback.=

        &= nbsp;           &= nbsp;   Mr. Mazzettini: So if I'm mar= king it, I'm just protecting it if I eventually sell the house, it's protecting = it from other people.

        &= nbsp;           &= nbsp;   Mr. Polletta: Or you, anybody, right.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: So I don̵= 7;t think it makes a difference then if I don't make it a conservation, I'm kin= d of lost on this, I'm sorry.

        &= nbsp;           &= nbsp;   Mr. Duplissie: When you look = at it, this is your street that comes through, and I'm looking at it from the road side, from the street to the corner of the property, I don't even think you have 50 feet, so that's the upland review area, so you cannot build or do anything in that upland review area without coming to us, so from that poin= t if you follow that line down, maybe the back corner of the property 10 feet wi= de to a triangular shape over here, is probably the only piece you could ever = do anything on without coming to us anyway, which is really nothing, so what they're sa= ying is that what we're asking for is the tradeoff, is that typically we don't w= ant you within that 50 foot upland review area which is where your house is rig= ht now, so we're saying we're giving you this, give us that on the other side, make it all conservation easement and we'll give you the agreement to put y= our house on.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: So if I say n= o . . . .

        &= nbsp;           &= nbsp;   Mr. Rafey: If you come here I= will show you how much area is already covered by wetlands. This is 50 feet.=

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PAGE 9

        &= nbsp;           &= nbsp;   Mr. Duplissie: This is your s= tream, here is your 50 foot buffer, so you can't build on that anyway, so if you follow that 50 foot down on the stream, this is the only area that's upland review area that you can build or do something in it.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Right, but if= I can't do anything without coming back here anyway, so what's the sense of making it a conservation?

        &= nbsp;           &= nbsp;   Mr. Duplissie: You would have= to have it flagged and show us the area in order for us to give, you can't bui= ld on it so and your setback area is there.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: But if I'm wo= rking over here why do I have to have this all flagged?

        &= nbsp;           &= nbsp;   Mr. Duplissie: Well we want t= his flagged, we want you to flag the perimeter. Typically what we ask for is a flag every 50 feet. That's a placa= rd on a tree or a post or whatever.

        &= nbsp;           &= nbsp;   Mr. Zawadzki: Then it gets wr= itten into the deed and it's permanent.

        &= nbsp;           &= nbsp;   Mr. Duplissie: You still can = walk down there (Tape #3, Side A ended - may have missed some).

        &= nbsp;           &= nbsp;   Mr. Zawadzki: You just can't = clear it or mow it.

        &= nbsp;           &= nbsp;   Mr. Duplissie: You can cut tr= ees. If you look at it this way, your 5= 0 foot upland review area is this whole piece, which is where your house would go,= so they're saying that if we're giving you this piece, give us this one in ret= urn.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: Yea, but look= at the size difference. I lose everything.

        &= nbsp;           &= nbsp;   Mr. Duplissie: No, you don't = lose anything, you can't do anything in there anyway, so you're not losing anywa= y. Just make the rest of the piece conservation area, simple, build your house.

        &= nbsp;           &= nbsp;   Mr. Polletta: Did you own the= lot or did you buy the lot?

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I own the lot pretty much, a non-refundable deposit.

        &= nbsp;           &= nbsp;   Mr. Duplissie: Does that make sense?

        &= nbsp;           &= nbsp;   Mr. Mazzettini: No, I still d= on't like making it a conservation easement.

        &= nbsp;           &= nbsp;   Mr. Duplissie: It's a conditi= on of approval.

        &= nbsp;           &= nbsp;   Mr. Mazzettini: I understand = that, all right that's fine, I agree to that.

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PAGE 10

        &= nbsp;   MOTION:       (Mr. = Polletta, sec. Ms. Russ) to Approve Application #575 of Domenic Mazzettini for construction of a single family dwelling = on Lot #268 - 271 Russell Avenue, Oakville, CT subject to standard conditions = and a conservation easement, and the demarcation of a stone wall on the other sid= e of the hay bales.

&nbs= p;

        &= nbsp;   Discussion:       None<= o:p>

&nbs= p;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

C.      = ; Application #578 of Anthony Caruso for construction of an 8-lot residential subdivision "Waters of Winnemaug" located between Caruso Drive and Flint Lock Road, Watertown<= /st1:City>, CT.

        &= nbsp;           &nbs= p;   If a public hearing is Closed on December 14, 2006, then a decision is require= d by February 16, 2007.

        &= nbsp;           &nbs= p;   Mr. Duplissie: I think we just made it conditional that they have to work o= ut any of the minor details with Chuck. I think subject to the conditions that we have, the stone wall, howe= ver they're going to do that demarcation and then whatever minor problems they = have to correct with Chuck, I think they're fine.

        &= nbsp;           &nbs= p;   Mr. Undercuffler: They seem l= ike pretty minor points and they were in agreement with everything.<= /span>

        &= nbsp;           &= nbsp;   Mr. Rafey: Also subject to the approval of the septics systems by the Torrington Area Health District.

        &= nbsp;           &nbs= p;   Mr. Zawadzki: Well that's the biggie, if they don't approve lots #2 and #7, then it's a 5 lot subdivision= .

        &= nbsp;           &= nbsp;   Mr. Duplissie: Lot #7 already has an approved septic system, they're just trying to change it = from a 3 to a 4, but they do have a 3 bedroom approved. Was that #2? I'm sorry. The one on the lake side is the on= e that has minor problems, but it's subject to them getting approval obviously for that septic system.

        &= nbsp;           &= nbsp;   Ms. Sturgis: If they get the approval from us, then they're going to get the approval for the septic sys= tem is the way it's going to work. So unless somebody deters from that wetland underneath the road . . . .

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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PAGE 11

        &= nbsp;   MOTION:       (Mr. = Duplissie, sec. Mr. Polletta) to Approve 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 subject to standard conditions and what was just set fo= rth.

&nbs= p;

            Discussion:       None<= o:p>

&nbs= p;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

6.  &n= bsp;      New Applications

        &= nbsp;   None

7.  &n= bsp;      Old Business

        &= nbsp;   A.        Application to amend the CCIWA Permit #561 issued to Town of Watertown Department of Pu= blic Works for relocation of an existing road drainage pipe on Hard Rock Road, Watertown, CT.

        &= nbsp;           &nbs= p;   Chuck Berger, Town Engineer, on behalf of Department of Public Works

        &= nbsp;           &nbs= p;   Mr. Berger: As way of brief background, Commission members may recall that in June of this year the Department of Pubic Works was issued a permit to relocate a storm drainage outfall on Hard Rock Road, which is located on Route 6 by the pond that routinely overflows onto Route 6, a little cul de sac that goes in there. The developer, I'm not sure of all= the details or the history of the project, but the developer basically walked a= way from it and left the Town with a storm water outfall on someone else's prop= erty where we do not have the right to discharge storm water to. Therefore we applied for a permit = to relocate the taking the developer's bond money, we applied for a permit to relocate that outfall off of the private property owner and relocate it to = an area where we had a right to discharge the water to. Following receipt of the permit we= did put the project out to bid and the low bid came in about 3 times higher than the amount of money that we had available to relocate the outfall, so Mr. Cavanaugh has come up with a revised plan that will get the storm water out= fall off of the, it won't get it off of the private individual's property but it will relocate the outfall. I = don't know if made that more complicated than I had to. The pipe is still going to stay on= the individual's property but we're going to continue the pipe, I guess it woul= d be on Page 3 of the packet there, shows where we're going to pick it up, swing= the pipe around, and discharge it in an area where we have the right to dischar= ge it to, and the property owner is okay with leaving the pipe there, as long = as he doesn't have to see it above ground, and he will give us the right to do that. That activity results i= n about 100 square feet of wetland impact and 1,100 square feet of upland review ar= ea impact.

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

DECEMBER 14, 2006

PAGE 12

        &= nbsp;           &nbs= p;   Mr. Polletta: Chuck right now= it discharges onto private property?

        &= nbsp;           &nbs= p;   Mr. Berger: Yes.

        &= nbsp;           &= nbsp;   Mr. Polletta: So we're doing exactly the same thing.

        &= nbsp;           &= nbsp;   Mr. Berger: No, where we are proposing to discharge it to we have a drainage easement. Where the outfall of that pipe is = going to be, we have the right to daylight the water. The property owner originally said= I want the pipe ff my property, you don't have the right to put it there, tha= t's why our first design was to bring it back up, dig up the cul de sac and discharge it= in a different direction. When the= bids came in and the property owner realized we didn't have the money to do what= we initially thought we had to do, he agreed it would be all right to lave the pipe on his property as long as we don't daylight the water, so we swing the pipe around and . . . .

        &= nbsp;           &= nbsp;   Mr. Polletta: So this was (inaudible) by the Town?

        &= nbsp;           &= nbsp;   Mr. Berger: Yes.

        &= nbsp;           &= nbsp;   Mr. Polletta: And it was not = completed?

        &= nbsp;           &= nbsp;   Mr. Berger: Correct. I'm not sure of the details but . = . . . .

        &= nbsp;           &= nbsp;   Mr. Polletta: Basically there= is no bond money left?

        &= nbsp;           &= nbsp;   Mr. Berger: There's about $4,= 200 worth of bond money left that we're using to do the work. What we originally got the permit = for, the low bid as $12,500. What = is being proposed here, we will be able to do that within the amount of money that’s available from the developer's bond money.

        &= nbsp;           &= nbsp;   Mr. Polletta: Who originally = built the road?

        &= nbsp;           &= nbsp;   Mr. Berger: I don't know.

        &= nbsp;           &= nbsp;   Mr. Polletta: This guy never finished. I can't believe any= body would do that.

        &= nbsp;           &= nbsp;   Mr. Duplissie: So basically y= ou're just extending the pipe?

        &= nbsp;           &= nbsp;   Mr. Berger: Yes.

        &= nbsp;           &= nbsp;   Mr. Duplissie: Do you have an estimate yet?

        &= nbsp;           &= nbsp;   Mr. Berger: I believe it is w= ithin the amount of money we have available, $4,200.

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

DECEMBER 14, 2006

PAGE 13

        &= nbsp;           &= nbsp;   Mr. Duplissie: Is that the on= ly matter (inaudible)?

        &= nbsp;           &= nbsp;   Mr. Berger: Yes.

        &= nbsp;           &= nbsp;   Mr. Undercuffler: Now you're = saying there is some wetland disturbance? But there was before, wasn't here?

        &= nbsp;           &= nbsp;   Mr. Berger: Before I believer= there was 872 square feet of upland review area disturbance. I look at again, going back to Pag= e 3 in your packet, I think Mr. Cavanaugh is being conservative with his 100 square foot impact because if you look at what's shown on Page 3, we're skirting t= he edge f the wetlands there. Bu= t I think in fairness and to be reasonable he's being conservative and saying t= hat we may, as we construct this and install this length of pipe, we may slight= ly impact and it really will be on a temporary basis, we'll dig it up and put = it back it's not like we're going to be putting fill in there, we'll just be buying a pipe.

        &= nbsp;           &= nbsp;   Mr. Rafey: Chuck, what was the impact?

        &= nbsp;           &= nbsp;   Mr. Berger: 100 square feet of direct wetland impact, 1,100 square feet of upland review area impact.=

        &= nbsp;           &= nbsp;   Mr. Undercuffler: Whereas bef= ore there was no direct wetland impact.

        &= nbsp;           &= nbsp;   Mr. Berger: Correct, 872 of u= pland review area only.

        &= nbsp;           &= nbsp;   Mr. Undercuffler: Well it doe= sn't sound (inaudible).

        &= nbsp;           &= nbsp;   Ms. Sturgis: Well we have to = do it, it's a drainage (inaudible).

        &= nbsp;           &= nbsp;   Mr. Berger: We have to get it= off the private individual's property.

        &= nbsp;           &= nbsp;   Mr. Duplissie: Now is the tim= e of year to do it, low water flow, and get it done.

        &= nbsp;   MOTION:       (Mr. = Duplissie, sec. Mr. Undercuffler) to approve the amendment to CCIWA Permit #561 issued to Town of Watertown Department of Pu= blic Works for relocation of an existing road drainage pipe on Hard Rock Road, Watertown, CT.

&nbs= p;

            Discussion:       None<= o:p>

&nbs= p;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

DECEMBER 14, 2006

PAGE 14

8.         = New Business

&nb= sp;

      &= nbsp;     A.        Conservation Commission/Inland Wetland Agency Meeting Dates - 2007

      &= nbsp;           &nbs= p;     Mr. Zawadzki: Any problems?

      &= nbsp;           &nbs= p;            &= nbsp;    MOTION:       (Mr. = Polletta, sec. Mr. Duplissie) to approve the Conservation Commission/Inland Wetland Agency Meeting Dates for 2007 as presented.

      &= nbsp;           &nbs= p;     Discussion:       None<= o:p>

      &= nbsp;           &nbs= p;     MOTION PASSED UNANIMOUSLY

      &= nbsp;     MOTION:       (Mr. Duplissie, sec. Mr. Polletta) to add Item 8B.

      &= nbsp;     Discussion:       None<= o:p>

      &= nbsp;     MOTION PASSED UNANIMOUSLY

      &= nbsp;     B.         = Letter from Ron Jones

      &= nbsp;           &nbs= p;     Mr. Zawadzki, Chairman, read the following letter into the record:

      &= nbsp;           &nbs= p;     "Dear Jim:

      &= nbsp;           &nbs= p;     This notifies you of my intent not to accept another term on the Inland/Wetland Conservation Commission should it be offered. I do plan to complete the cur= rent term but provide this early notice to allow you to garner a replacement wit= hout any upset in having a full Board that will suffer no case of failure to establish a quorum. I feel privileged to have served and wish you all the b= est.

      &= nbsp;           &nbs= p;     Very truly yours,

      &= nbsp;           &nbs= p;     Ron Jones

      &= nbsp;           &nbs= p;     November 16, 2006"

      &= nbsp;             &= nbsp;   Mr. Duplissie: Your term expi= res?

      &= nbsp;             &= nbsp;   Mr. Jones: January.

      &= nbsp;             &= nbsp;   Mr. Undercuffler: Well he can= 't leave until the new person is on board, right?

      &= nbsp;           &nbs= p;     Mr. Duplissie: Yes, he can.

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

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DECEMBER 14, 2006

PAGE 15

9.         = Communications and Bills

&nb= sp;

      &= nbsp;     A.        Council of Governments of the Cen= tral Naugatuck Valley presentation on Improving Land Use Commission Decision-making.

&n= bsp;            = ;           Mr. Undercuffler, Mr. Zawadzki, and Ms. Sturgis said they would go; Mr. Polletta will let Ms. Allen know.

      &= nbsp;     B.         = State of Connecticut Department of Environmental Protection Notice of Intent to Issue General Permits for Various Water Diversion Activities and to Waive Public Hearing<= o:p>

        &= nbsp;   MOTION:       (Mr. Duplissie, sec. Mr. Polletta) to accept Communications and Bills as present= ed.

&nbs= p;

            Discussion:       None<= o:p>

&nbs= p;

        &= nbsp;   MOTION PASSED UNANIMOUSLY

10.       Repor= ts from Officers and Committees

&nb= sp;

            A.        Brook at North and Pine Streets, Wat= ertown - Ron Jones

&n= bsp;            = ;           Mr. Jones: About 2 months ago we had anot= her occasion. I was called by Mr. O'Sullivan who indicted that there wasn't suds this time, this time it was a gray film and it had not rained, so I got in touch with D.E.P, and about a = week later Ed Flowers came out and we met down there, it was a week later, and he suggested we contact the parent authority, the water authority and have the= m do the survey, which we had already talked about 2 years ago. He indicated this was a normal occurrence as far as occasions like this occurring and being of little importance and I sort of agreed with him.&= nbsp; This was not a suds case, it was a slime case, and also it 3was not = due to rain. I checked the various outfalls of storm drains and there wasn't any indication of anything in the= re at the time, and so it sort of fans the way it was before. If it occurs again I'm sure Mr. O'Sullivan will call again.

&n= bsp;           = ;           Mr. Rafey: Does this mean I c= an't call you anymore?

&n= bsp;           = ;           Mr. Jones: I can run down the= re and take a legal sample, I know how to do that. If it were a real problem, but thi= s was slime. It didn't occur the sa= me way the others had, and no one has the slightest idea of what could have caused it. It's very temporary. It hasn't caused any fish kills or= any other problems downstream that I know of, so it seems more or less a tempes= t in a tea pot.

        &= nbsp;           &nbs= p;   Mr. Zawadzki: What's this thing about Ed Flowers= , the D.E.P. inspector?

CONSERVATION COMMISSION/INLAND WETLANDS AGENCY

REGULAR MEETING

DECEMBER 14, 2006

PAGE 16

        &= nbsp;           &nbs= p;   Mr. Jones: He is one of the inspectors for the state and he's been assigned to Watertown when we've called in the past, but he wasn't available at the time and he c= ame a week later.

11.       Repor= ts from Staff

Mr. Rafey: = Patrick Graziano, the applicant for= the 3 lot subdivision on Cherry = Avenue, the Commission approved this, with the condition that a common driveway sho= uld be provided to access 2 lots.

Mr. Zawadzki: His prudent and feasible alternati= ve.

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> Yes, he appealed your decision and= I already sent it to the Town Attorney. We will go to court and fight it.

Mr. Duplissie:<= /b> Now he goes to court to have a jud= ge approve a different decision?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> It's (inaudible) decision, I don't= want to give you too much detail on the public record. If you want I can put it on nest m= onth's agenda under Executive Session.

12.     &n= bsp; Public Participation

&nb= sp;

None=

13.       Adjou= rnment

&nb= sp;

        &= nbsp;   MOTION:       (Mr. = Duplissie, sec. Mr. Polletta) to Adjourn the Regular Meeting at 10:00 p.m.<= /span>

  &nbs= p;         Discussion:       None<= o:p>

  &nbs= p;         MOTION PASSED UNANIMOUSLY

  &nbs= p;         Regular Meeting Adjourned at 10:00 p.m.

&n= bsp;

Respect= fully submitted,

&n= bsp;

&n= bsp;

&n= bsp;

Ronald = Jones, Secretary

Conserv= ation Commission/

Inland Wetlands Agency

  &nbs= p;         _________________= _________________

      &nb= sp;     Lynn M. LaForme, Minutes Secretary