beagenda

&nb= sp;

MINUTES<= o:p>

&nb= sp;

CONSERVA= TION COMMISSION/INLAND WETLAND AGENCY

PUBLIC H= EARING

WATERTOWN HIGH SCHOOL LIBRARY

THURSDAY, OCTOBER 14, 2004 - 7:30 P.M.

APPLICAT= ION #505 – GUERNSEYTOWN FARMS, LLC

&nb= sp;

PRESENT: &nb= sp; = &nb= sp; Bernard Beauchamp=

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

&nb= sp; = &nb= sp; = &nb= sp; Joseph Polletta

= &nb= sp; = &nb= sp; Charles Thermer

= &nb= sp; = &nb= sp; Edwin Undercuffler, Vice Chairman

= &nb= sp; = &nb= sp; James Zawadzki, Chairman

ABSENT: = ; &n= bsp; = ; = Glen Duplissie

ALTERNATES PRESENT: &nbs= p; Martha Sturgis

ALTERNATES ABSENT: = ; <= /span>Susan Atwood

= &nb= sp; = &nb= sp; Peter Peluso

OTHERS PRESENT: = ; &n= bsp; Chuck Berger, Town Engineer

= ; &n= bsp; = ; &n= bsp; = ; Moosa Rafey, Assistant Wetlands Enforcement Officer

1. = Call Meeting To Order

Mr. Zawadzki, Chairman, called the Public Hearing to order at 7:45 p.m.

= ; Mr. Zawadzki: I apologize for the delay, we had a little technical difficulty but we’re on line now.<= /p>

2. &nb= sp; Roll Call

Mr. Jones, Secretary, executed the Roll Call.

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

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 2

&nb= sp;

Mr. Jones, Secretary, read aloud the Legal Notice as follows:=

“Legal Notice

The Conservation Commission/Inland Wetlands Agency of the Town of Watertown will hold a publ= ic hearing at 7:30 p.m. on Thursday, October 14, 2004 at the Watertown High Sc= hool Library 324 French Street, Watertown, CT to hear and act upon the following application deemed a significant activity the Conservation Commission/Inland Wetland Agency pursuant to Section 2.1 (dd1-7) of the Watertown Inland Wetl= ands and Watercourse Regulations.

Application #505 of Guern= seytown Farms, LLC to conduct the following regulated activities involves in the construction of Guernseytown Farms, Phase III consists of 10-lot residential subdivision located on Gue= rnseytown Road and Killorin Road, Watertown, CT in an R-70 Residential Zoning Dis= trict.

1. = Disturbance of approximately 4,500 sq. ft. of wetland setback area by construction of a driveway on Lot #70.

2. = Disturbance of approximately 200 sq. ft. of wetland setback area by installation of foo= ting and roof drains on Lot #61.

3. = Disturbance of approximately 350 sq. ft. of wetland setback area by grading for a septic system on Lot #62.

4. = Disturbance of approximately 600 sq. ft. wetland setback area by construction of a hous= e on Lot #69.

5. = Installation of erosion and sediment control measures within wetlands setback areas.

At this Hearing interested persons may be heard and written communications received. A copy of the application is on fi= le at the Planning and Zoning Office, 51 Depot Street, Suite 502, Watertown, CT.

Dated= at Watertown, CT this 30^th day of September, 2004.

Dated= at Watertown, CT this 7^th day of October, 2004.

Ron Jones, Secretary

Conservation Commission/I= nland Wetlands Agency”

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 3

&nb= sp;

Mr. Zawadzki, Chairman, read aloud the Ground Rules for the record, as follows:=

“Rules For Conduct of Public Hearing

1. = The applicant, or his representative will make his formal presentation to the Commis= sion stating the proposed regulated activities, the wetland impacts, and the alternatives, which were considered by the applicant.

&nbs= p;

2. = All comments, discussions and observations shall be made through the Chair, aft= er proper recognition by the Chairman. This is necessary to ensure that only one person at a time speaks on= any issue, thus making it easier for everyone to understand and for clearer, le= gal transcription.

3. = All persons addressing the Commission shall begin by first clearly stating their name and address for the record. If necessary, the person may be asked to spell his name for the record.

&nbs= p;

4. = Following the presentation of the application, the Conservation Commission/Inland Wetlands Agency will ask specific questions of the applicant.

&nbs= p;

5. = After the Commission has asked its questions of the applicant, I shall then allow= any members of the public who wish to speak either in favor of this application= or against it, to address the Commission.

&nbs= p;

6. = I shall then allow the applicant to respond to the comments of the members of= the general public.

&nbs= p;

7. = I shall then allow any members of the general public who wish to present any additional information or clarifying discussion, to do so.=

&nbs= p;

8. = I shall provide an opportunity for the applicant to respond to these addition= al remarks if he or his representative so wishes.

&nbs= p;

9. = The Conservation Commission/Inland Wetlands Agency has 35 days from the date th= at the Public Hearing commences to complete the Public Hearing. The Commission may ask the applica= nt for a 35 day extension of the Public Hearing period if the Commission requires = any additional information or wishes to schedule a Site Walk to observe the situation for themselves.

&nb= sp;

&= nbsp; 10. The Conservation Commission/Inland Wetland Agency has 65 days from the date when the Public Hearing is Closed to render its decision.”

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 4

&nb= sp;

3. = Hearing of Applications

&nb= sp;

&= nbsp; A. Application #505 of Guernseytown Farms, LLC for construction of Guernseytown Farms Esta= tes Phase III, 10-lot residential subdivision located on Guernseytown Road and Killorin Road, Watertown.

&nb= sp;

&= nbsp; &nbs= p; Recess or Adjourn Public Hearing must be Closed by Nove= mber 17, 2004.

&nb= sp;

&nbs= p; &= nbsp; Franklin Pilicy, Attorney Representing the Applicant=

&nb= sp;

&= nbsp; &nbs= p; Atty. Pilicy: As part of the application rec= ord we’ve provided a report from the wetland ecologist Jody Chase, but we note that there’s a page that appears to be left off, it’s prob= ably still in the copy machine so instead of reading this into the record tonigh= t, we’ll provide the additional document, we expect you’ll be keep= ing the Public Hearing Open and we will provide the complete report to Moosa an= d he can circulate it and then we can read it into the record at the next Public Hearing session if necessary. At this point I’ll have Mr. Sakonchick run through the wetlands aspects = of Phase III.

&nb= sp;

James Sakonchick, Professional Engineer, Kratzert & Jones

Mr. Sakonchick: We’re here for= the third phase of this subdivision and I thank the Commission for their patien= ce in Phases I, II, and III and your additional attention for Phase III. The darkest color green is Phase I currently under construction, and by the way that road is paved right now so you can really see the work that has been done. Phase II has been approved by this Commission and the subdivision approved by Planning and Zoning and we’= ;re now here for Phase III, which in many ways is the easiest to design because there are no new roads proposed as part of this phase. I’d like to note for the rec= ord that when I first started this business in 74, there would have been a road proposed, we would have had a road going right over here, we would have reclaimed half the wetlands and filled it and created a subdivision that way. Even as recently as 10 y= ears ago we probably would have proposed a road over here with lots on both sides taking advantage of developing a dead end road for the marketability aspect= of it.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 5

&nb= sp;

This alternative is graphically depicted on this exhibit which was attached to the engineering report including drainage computations that are part of the record, already submitted. And what you would notice is exactly that, development of a dead end road coming off of Killor= in Road, lots on existing Guernseytown Road, lots on the west side of the prop= osed road, and lots on the east side, and by positioning the septic system to the front and the well and these wetlands to the back, it could be built that w= ay, but on today’s standards it’s not what I believe feasible and prudent because alternatives exist. The alternative is to take advantage of the existing Killorin Road and Guernseytown Road and just have dri= veways come off those roads to lots concentrating our development in the area that= is outside of the wetlands and outside of the wetlands buffer.

There are some impacts= to the wetlands buffer that could not be avoided. For example we have Lot #70 right = over here and in order to have your driveway come up this existing field of Lot = #70, that happens to be within the 50 foot wetlands buffer so that is an unavoid= able impact, but it really doesn’t affect the wetlands because that’s already been disturbed as a hayfield. There was an impact associated with Lot #69 where we would have had a house close to the buffer and Moosa pointed out that we probably should app= ly for a little activity within the buffer in order to be safe so we don’= ;t exceed our permit, and we had actually modified, the list over here actually listed that, however for other reasons we have chosen to combine Lot #68 and #69 into a larger lot so that modification is done and we did submit the modified plan to Moosa and it just simplifies things.

There are two other po= ssible impacts to the wetlands, I think both are kind of water dependent. What is a water dependent use? You have to be near the wetlands b= ecause it has some kind of unique characteristic that makes it suitable. I point out the lot, let me go to a different plan that shows . . . . again<= /span> Phase III is closest to me, located at the top of the sheet, Phase I, Phase= II, Phase III. This lot right her= e in the corner, and if you’re going to have a basement, you’re goin= g to have a footing drain, you want that drain to drain by gravity to the low pa= rt of the lot and guess what, the wetlands are at the low part of the lot, so = we do show a footing drain close to the edge of the buffer, it can’t rea= lly be avoided unless you wanted a house with a sump pump and it just doesnR= 17;t make sense in case they have a power failure.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 6

&nb= sp;

The other lot right ov= er here, there is, even though we don’t show activity directly in the buffer, in one little corner of it there is possible activity near the buff= er and we were applying for a permit for that, and I might point out that what we’re doing with our septic systems here is two things. We could build our septic system b= y just putting a curtain drain above the control floor, or we could build our sept= ic system with fill in order to keep the bottom of the system well above the water; we’re doing both. We’re doing the fill and we’re doing the curtain drain, = and when the curtain drain swings around the system, there has to be a separati= on between the curtain drain and the system, so consequently because we’= re doing this belt and suspenders type of design, superior design, we wind up being close to the buffer at one point and I think it’s a water depen= dent use because we’re protecting the water by doing this superior design.= So that is the nature of our appli= cation here. Taking advantage of the existing roads, driveways off the road, and as you can see, most of the activity with the houses, (inaudible) this house is now elimina= ted on Lot #69, is well away form the wetlands. If the septic syste= m is a little bit closer, but once they are built and it’s a lawn, it’s kind of like a buffer. I have= a similar situation at my house and you can’t help but see the animals scurry around if you’re out early in the morning. Deer in the back yard doesn’= t do well with my wife’s garden but that’s another situation. So that is the nature of our appli= cation and I do think it is reasonable and prudent. You achieve reasonable development= of the land and good protection of the wetlands.

&nb= sp;

Mr. Zawadzki: = So you’re combin= ing #68 and #69 so that you’re retaining the #69, so Lot #68 disappears, is that right?

&nb= sp;

&= nbsp; &nbs= p; Mr. Sakonchick: Technically on the final subdivisio= n plan Lot #70 will become Lot #69, however maybe for clarity of our application s= ince we’re talking about an activity of Lot #70, I would suggest that maybe we should refer to that as #70 for the sake= of this Commission.

&nb= sp;

&= nbsp; &nbs= p; Mr. Zawadzki: Well it doesn’t matter t= o us, just as long as everybody is clear on which one is which. Which was the other lot, you said you’re just touching the corner of the wetlands at #62? No the other one, down at the end.=

&nb= sp;

&= nbsp; &nbs= p; Mr. Sakonchick: Lot #62 is right in here.

&nb= sp;

&= nbsp; &nbs= p; Mr. Rafey: Now the total number of lots f= or Phase III is 9 lots, not 10.

&nb= sp;

&= nbsp; &nbs= p; Mr. Sakonchick: Yes, it’s been reduced f= rom 10 to 9.

&nb= sp;

Mr. Zawadzki: = Any questions by the Commission?

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 7

&nb= sp;

&nbs= p; &= nbsp; Mr. Undercuffler: You mentioned about the suspenders and belt on the septic system.&= nbsp; Was that for the one lot or all these lots?

&nb= sp;

&= nbsp; = ; Mr. Sakonchick: We’re d= oing it throughout the subdivision.

&nb= sp;

&= nbsp; = ; Mr. Undercuffler: Is there a = plan that shows where the houses are going to be or you don’t know where t= he houses are going to be?

&nb= sp;

&nbs= p; &= nbsp; Mr. Sakonchick: We have a plan showing= where a house could be, we know the house can be there and the septic system positioned also as shown on the grading (inaudible) G series. And of course the individual homeo= wner might have a different footprint of the house and (inaudible) either at sta= ff level or some reason they think it’s more important and probably refe= r it back to this Commission. On t= he submitted plans G1 is a 100 scale plan showing the overall activity and then G2, G3, G4, and G5 show the additional construction at a larger scale, 40 <= span class=3DGramE>scale or 20 scale.&nb= sp; And looking at G1 you can see where the houses are positioned, the (inaudible) systems are positioned, the drains are positioned and for clari= ty you can turn to G2 and see a more readable scale.

&nb= sp;

&nbs= p; &= nbsp; Mr. Undercuffler: I’m just wonderi= ng if the things you’re talking about here are not close to the wetlands whether the homeowner might decide to move things closer and then just cause more disturbance and of course that would have t= o be controlled by (inaudible).

&nb= sp;

&= nbsp; = ; Mr. Rafey: No, (inaudible) wh= en the homeowner goes to build their house, they submit a plot plan for each individual lot, and then we review that and compare it to the permit they w= ere issued to make sure they don’t go beyond what was approved for the subdivision. If they change anything they have to come back to you.

&nb= sp;

&= nbsp; &nbs= p; Ms. Sturgis: Can you show me on the map whi= ch 2 you put together? These 2 here?

&nb= sp;

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

&nb= sp;

&= nbsp; = ; Ms. Sturgis: So they become what? What’s the number= ?

&nbs= p; &= nbsp; Mr. Sakonchick: 68.<= /p>

&nb= sp;

&= nbsp; = ; Ms. Sturgis: Then there is no= #69 anymore, just 68 to 70?

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 8

&nb= sp;

&nbs= p; &= nbsp; Mr. Sakonchick: I don’t know if = this is confusing or clarifying but I would ask this Commission in their deliberations to call Lot #70, Lot #70.<= span style=3D'mso-spacerun:yes'> Staff will know that when I go for subdivision approval I’m going to renumber Lot #70 to Lot #69.

&nb= sp;

&= nbsp; &nbs= p; Mr. Rafey: Then you can call that combine= d lot Lot #68-69.

&nb= sp;

&= nbsp; = ; Mr. Polletta: I have a questi= on on #68-69. How close is this dri= veway to the wetlands? The area where you go in from the main road.

&nb= sp;

&nbs= p; &= nbsp; Mr. Sakonchick: I believe the Commissi= oner is pointing to Lot #70. Look at sheet G4.

&nb= sp;

&= nbsp; = ; Mr. Polletta: So this is a regulated area.

&nb= sp;

&= nbsp; = ; Mr. Sakonchick: That is a reg= ulated area and when we did the field walk we walked up that (inaudible).

&nb= sp;

&= nbsp; = ; Mr. Polletta: How close is the driveway to the regulated area?

&nb= sp;

&= nbsp; = ; Mr. Sakonchick: On this map you’ll see there is a dotted line and that’s this line right he= re, this line that says 50 foot offset. See how it twirls around like this.= I’m referring to this one that says 50 foot offset, and if you follow this dotted line, it goes like that.

&nb= sp;

&= nbsp; = ; Mr. Undercuffler: You made an earlier comment about that, that it was already disturbed because it was a hayfield or something like that?

&nb= sp;

&= nbsp; = ; Mr. Sakonchick: Yea, and dist= urbed in a relative sense, comparable to something that has trees growing there t= hat would require tree removal, stumping, than to be relatively less activity t= han just putting a driveway through something that is already graded and hayed. There’s already vehicle access for haying.

&nb= sp;

&nbs= p; &= nbsp; Mr. Zawadzki: Any other questions fr= om the Commission members? If not, I’d like the public to comment at this time and I’d like to rem= ind you to come forward, state your name and address, and then make your commen= ts.

&nb= sp;

&= nbsp; &nbs= p; Atty. Pilicy: I have one further comment. Id’ just like to state, it&#= 8217;s my understanding that the Health Officer has approved all of these lots as suitable for on site septic, however the letter didn’t make it to the Commission. So again thatR= 17;s another reason why we’d ask to Keep the Pu= blic Hearing Open so we have the actual letter from the Health District.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 9

&nb= sp;

&= nbsp; &nbs= p; Mr. Rafey: I’m also, Mr. Chairman, waiting for a report from Mr. Berger (inaudible) application (inaudible).

&nb= sp;

&= nbsp; = ; Mr. Undercuffler: Can you just refresh my memory on where the open space is that will be deeded?

&nb= sp;

&= nbsp; &nbs= p; Mr. Sakonchick: It has been deeded.=

&nb= sp;

Mr. Undercuffler: Well where it is?=

&nb= sp;

&= nbsp; = ; Mr. Sakonchick: The open spac= e is right where my hand is. It’s boundary goes like this.<= /p>

&nb= sp;

&= nbsp; &nbs= p; Mr. Undercuffler: That’s just for Phase II= I.

&nb= sp;

Mr. Sakonchick: The whole thing for Phase I, II, and III was deeded as one parcel.<= o:p>

&nb= sp;

&= nbsp; = ; Mr. Undercuffler: That&= #8217;s already been recorded and all?

&nb= sp;

&= nbsp; &nbs= p; Atty. Pilicy: I know the original deed has b= een delivered to the Zoning Officer. I’m not sure whether I recorded it or, I believe it’s on record but I know it’s signed and (inaudible).

&nb= sp;

Mr. Undercuffler: How many acres is that= ?

&nb= sp;

&= nbsp; &nbs= p; Atty. Pilicy: 28.

&nb= sp;

&= nbsp; = ; Mr. Zawadzki: Well I don̵= 7;t see anything from the public, so at this point, pending our, in lieu of the fact that we’re wanting for additional information, Phase III, etc., Health Department report, we can either keep the Public Hearing open, so at this point I need a motion to keep the public hearing open on Application #= 505, Guernseytown Farms.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #505 – GUERNSEYTOWN FARMS ESTATES, LLC=

OCTOBER 14, 2004

PAGE 10

&nb= sp;

&= nbsp; &nbs= p; MOTION: (Mr. Polletta, sec. Mr. Beauchamp) to Keep the Public Hearing Open for App. #505 of Guernseytown Farms, LLC for construction of Guernseytown Farms Estates, Phase III, 10-lot residential subdivisions loca= ted on Guernseytown Road and Killorin Road, Watertown.

&nb= sp;

Discussi= on: = ; None

&nb= sp;

MOTION P= ASSED UNANIMOUSLY

&nbs= p; Public Hearing Recessed at 8:15 p.m.

Respect= fully submitted,

&n= bsp;

Ronald = Jones, Secretary

Conserv= ation Commission/

Inland Wetland Agency

&nbs= p; _________________= _________________

&nbs= p; Lynn M. LaForme, Minutes Secretary