beagenda

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 3

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&= nbsp; &nbs= p; 7. = Disturbance of 1,790 sq. ft. of wetland setback area on Lot 12 (72 cubic yard cut within wetland setback).

&= nbsp; &nbs= p; 8. = Disturbance of 602 sq. ft. of wetland setback area on Lot 13 (9 cubic yard cut within wetland setback).

&= nbsp; &nbs= p; 9. = Disturbance of 4,128 sq. ft. of wetland setback area on Lot 18 (207 cubic yard cut within wetland setback).

&= nbsp; &nbs= p; 10. Distu= rbance of 1,352 sq. ft. of wetland setback area for extension of sewer line.<= /o:p>

&= nbsp; &nbs= p; 11. Distu= rbance of approximately 140 sq. ft. of wetland by construction of a concrete weir = for detention basin #4.

&= nbsp; &nbs= p; 12. Insta= llation of erosion and sedimentation control systems in the wetland/watercourse and= the 50 foot wetland buffer zone.

&= nbsp; &nbs= p; 13. Disch= arge of storm drains into wetlands/watercourse.

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&= nbsp; &nbs= p; At this Hearing interested persons may be heard and written communications received. A copy of the appli= cation is on file at the Planning and Zoning Office, 51, <= st1:address w:st=3D"on">Depot Street, Suite 502, <= st1:City w:st=3D"on">Watertown, CT.

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&= nbsp; &nbs= p; Dated at Watertown, CT this 31st day of March, 2005

&= nbsp; Dated at Watertown, CT this 7th day of April, 2005

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&= nbsp; &nbs= p; Ron Jones, Secretary

&= nbsp; &nbs= p; Conservation Commission/

&= nbsp; &nbs= p; Inland Wetlands Agency”

&= nbsp; Mr. Undercuffler, Vice Chairman, read aloud the Ground Rules for the record, as follows:

“Rules For Condu= ct of Public Hearing

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

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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.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 4

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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.

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

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5. After the Commis= sion 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.

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

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

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

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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.

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

&nbs= p; &= nbsp; Charles Spath, Engineer, Stewart Somers Company, Southbury, CT=

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&= nbsp; &nbs= p; Mr. Spath: We were hired by the client, M= r. Joseph Polletta, to propose this subdivision. The subdivision consists of 19 lot= s, 17 new lots are proposed on this subdivision.= There is an existing house at the entrance of the proposed road, that’s included in the subdivision because of a lot line revision with that parcel. Mr. Polletta own= s that parcel also. On the area there’s 27 acres of land here, there’s about 6 acres of wetlands. We’re looking= at disturbing; originally we submitted a proposal for the total disturbance of about 7,000 sq. ft. We revised those plans after talking with Mr. Rafey and Mr. Berger regarding some comm= ents that were made and some ideas that we had, by 3,000 sq. ft.; we’re looking now at about 4,300 square feet of disturbance of wetlands.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 5

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And where that disturb= ance is, is at the beginning of the road there’s a pocket of wetlands that exists. Part of that wetlands= is in a lawn area, it’s being mowed right now so it’s wetlands soils,= but I’d say about half the road width, as you look down the road, is being mowed as a lawn. The other ar= ea of wetlands that’s getting disturbed has to also do with the road. It’s up in an area about 900= feet up the road there’s an area there that there’s a wetlands cross= ing. This area was also disturbed recen= tly by the installation of a 16 inch water main.&= nbsp; I believe it happened about a year and a half ago, so that area ther= e is also disturbed wetlands where we’re crossing, it’s not a new ar= ea of wetlands that we’re disturbing, and included in that area is a sma= ll disturbance for the driveway of Lot #5 which is . . . . . yes, and that are= a is also disturbed by the water line that was recently put in, so what we’= ;ve designed here is, we are not doing any new disturbance. All the soils have been disturbed already, except at the beginning of the road a portion of the beginning of = the road as it would be to the west or as you’re looking up the road to t= he right that is a natural wetland in its natural state. In that area there, what we’= ve done to revise the disturbance, to try and limit the disturbance is we prop= osed an 18.5 foot wide culvert so it would stand 18.5 feet and it would be about= 4.5 to 4.9 inches high off the natural ground as it is out there now. It would be 2 feet cover above tha= t to the road, and on the edge of that we proposed two retaining walls made out = of either modular block or concrete. We’d like to do the modular block, but we still have to get the details on that with Planning. There is a connection shown to Mallory Road, we do not intend to make that connection= if possible. We believe that connection isn’t necessary and we don’t believe it’s necessary for any type of emergency services. The lots that are shown here now a= re all accessed off the new road, except for Lot #18 which is on the corner of = Echo Lake Road and Ice House Road. Out of the whole 6 acres of wetlan= ds, there’s .1 that is being disturbed, so what we tried to preserve here= is we tried to preserve all of the wetlands and to utilize the knowledge that = we have to do the least amount of disturbance to this property.

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&= nbsp; &nbs= p; For alternatives we looked at connecting to Mallory Road, but it wouldn’t= be prudent or feasible to connect to Mallory Road because we would not be able to fully dev= elop this property. We’d be = able to get under the Regulations about 3 lots off this parcel and we would stil= l be looking for a crossing to develop the rest of this parcel. We’ve also looked at the connection, there’s an existing driveway for a house as you pass by, there’s an adjoiner, it’s not really an adjoiner, it’s re= ally a parcel within our parcel that has an easement that crosses Mr. Polletta’s piece that’s 30 feet wide. We looked at connecting there and = have determined, because there’s an existing 16 inch water line in there, there’s poor fill in that area and we need to keep an access to that = land owned that actually more disturbance would be in that area, the same amount= or more disturbance would be proposed in that area, trying to keep, digging up= the 16 inch water line trying to keep an access open to that land owner.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 6

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The site line is not as (inaudible) as the other proposal, the one that we have here now, so we loo= ked at that, and that area there, the site line as you look to the west, there’s a little crown in the road, and where you’d be looking (inaudible) it shortens it by about 80 to 100 feet, so we have looked at th= at as an alternative. We’ve looked at coming in the side road as an alternative and we’ve also lo= oked at putting a road off of this, bringing through Mallory and extending a turnaround down towards the wetlands in this area here, and because of the grade and the amount of fill there, that was not feasible, we found out, so what we’re looking at doing here now is there’s an actual grade= out there where they put in the water line and we’re looking to hold that grade that’s out there now for the majority of the road. The only area that there’s a= cut is where we come from the road there’s a hill and there’s a sli= ght cut in there, I believe it’s about 6 feet, and you can verify that Jo= hn, or about 200 feet. All the detention has been taken care of throughout recent revisions. We’ve taken care of all the detention through two different detention ponds. Prior to this we were looking at u= sing the wetlands area as a natural detention and we called D.E.P. and we were t= old to look away from that because they would include that in the amount of wetlands disturbance so we revised the original plans to show two detention ponds. What we have proposed = here, the detention ponds meet a 100 year storm.= That may be able to, we’ll have to talk with Chuck Berger, bec= ause of the large area of detention below this, may be able to be sized smaller, sized for a 50 year storm which is what your Regulations call for. They say be sized for 50, but look= at 100. So what we have here is = just to briefly go over disturbances the beginning of the road, which is reduced= by a span of, it’s actually a metal pipe with the retaining wall is buil= t on a modular block, which will be a decorative block, or out of concrete, and = the other area that we’ve walked, and I believe most of the Commission has waked, has already been disturbed and we’re looking to put the road on the side of that disturbance.

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&= nbsp; &nbs= p; I do have a letter from the Water Company regarding at the time of the walk, there was a lot of seepage in that area, and I have a letter form the Water Company that I‘d like to submit that does show their intent to repair that as I said on the walk. W= e told them to hold off on that now because we were currently in front of the Wetl= ands Commission for review.

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&= nbsp; &nbs= p; I also have, what we’re looking to do is there was a problem that was created some years ago where there was supposed to be, a site was developed= and there was supposed to be detention put into that site, that detention was n= ot installed and Mr. Polletta has been meeting with the Town, I have a letter = from 2002 recognizing the problem that I’d like to submit, that Mr. Pollet= ta is going to take care of, we’ve talked to Chuck Berger and Mr. Polletta’s cost that will be taken care of. He was looking at the Town doing r= epair work to that area up to the point where we submitted the subdivision.<= /o:p>

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 7

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There is also, Oak Str= eet there is no current drainage on Oak Street, and there has been an easement provided that’s adjacent to our property, so what we’ve done is we’ve extended that easement and are providing drainage to our proper= ty line at this time where it can be, the Town can later connect that street i= nto that drainage, so that should alleviate any water problems along Oak Street= , or help alleviate, or at least have the outlet and that will be detained in our drainage system. Yes. We proposed gross particle separat= ors, two gross particle separators before the detention basins, these are units = that will collect the sand and sediment. After they leave the gross particle separators there’s also 4 = bays in these detention ponds so the sediment gets collected in the first part of the detention pond, water will flow into the second part and it will have plenty of time before, also the wetlands after it is a large flat wetland, = as you can see on the map, so there will be no problems with this subdivision = with Echo Lake with sediment. It&#= 8217;s a great distance that it has to travel.&nb= sp; We have to be careful more of the lots on the end just during construction sedimentation control to make sure that that’s stabilize= d, but it’s (inaudible) distance the closest point is Lot 9.

These plans have brief= ly been revised. We didn’t= meet with the public water representative regarding the sewer. Sewers would have to be brought up= to this site. We’re lookin= g at bringing sewers from the intersection of Ice House Road, westerly up Echo Lake Road to the beginning of this road, and continuing on to the end of this road with sewers, so all of these sites would be served by sewer and also public wate= r, so no wells would be on this site. We’re looking to take at least 2, possibly 3 that now have sep= tic systems close to wetlands and putting them on the sewer system. How many were there? 3 are? So the closest house is 300 feet t= o Echo Lake.

Along with that I was = asked to show a map, we’re trying to work with the Conservation, or Parks a= nd Rec regarding a trail. In the= Plan of Development there was always supposed to be a trail, they’d like f= or there to be a trail around this lake, and Mr. Polletta is aware of that. I have a map that I’ll put u= p in a minute, you want to get that map John?&nbs= p; We have an area that’s approximately shown now because we have= not met with Parks and Rec due to the weather, but I believe, Moosa you got a letter, I know Mary got a letter and you probably have it in your record . = . . .

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&= nbsp; &nbs= p; Mr. Rafey: I gave it to the Commission and th= ey will read it into the record.

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&= nbsp; &nbs= p; Mr. Spath: That they are looking for a trail a= nd I was getting in contact with Mary over the last month and a half trying to g= et a good time to walk out there and look at what existing trails there were, bu= t we were just able to do that lately, we have not connected to walk the area wh= ere the proposed trail is.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 8

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&= nbsp; &nbs= p; On this map here there’s a dashed line.= It comprises of 4.95 acres and of that acres there is 4.95 ends up b= eing 18% of the total area of the land. As it is now that’s shown in conservation, that can be given in fee when we get to Planning, but at a minimum by the next meeting that we h= ave here, I will have a delineation at least where the conservation easement ca= n be too, and that can be held. It= may end up being in fee to the Town, but we do not want to say that at this poi= nt because we’re not sure, but there will be a trail proposed. What we’re looking to do is = offer the trail to be proposed and maybe give the materials for the trail to be built. I think there’s = going to have to be a small footbridges put across a couple of little streams in = the area, so we’re looking at maybe working with Parks and Rec or the Boy Scouts that they can have a part in this.

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&= nbsp; &nbs= p; For the record I do have the public hearing notice and those letters that IR= 17;d like to submit. Here’s = the receipts. That letter is actu= ally an overview by Chuck Berger. = I can submit the other letter from 2002 at the next meeting, I don’t believ= e we have it here tonight. The oth= er letter is stating the repair work that they’re intending to do regard= ing the water line installation.

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&= nbsp; &nbs= p; Mr. Berger: To quickly, it’s dated Augus= t 12, 2003, this was a result of a request made by Mr. Polletta, I believe, to the Public Works Subcommittee to look at a drainage issue coming off of the Mallory Road area. As Mr. Spath said when = that area was developed, a portion of that subdivision, which is Mallory Road, did not incorporate a= ny detestation into that development activity. There’s an existing drainage system in Mallory Road that discharges down towards Echo Lake Road into the wetland area upstream of the existing driveway crossing as well as the new driveway crossing. I believe what this memo says, wit= hout reading the whole thing over right now, is that it recognizes that there wo= uld not be detention provided, however there is a very large drainage area to t= he north of Echo Lake Road that drains under the road into that wetlands area = and really the existing driveway crossing serves as a detention area. I think the concern was that the p= ipe that runs behind the existing farmhouse, I think you’ve all been out there, the concern was the increase off of Mallory Road was causing damage = to that drainage pipe behind the farmhouse, but the increase off Mallory Road = is small compared to the over flow that’s coming down from north of Echo Lake Road down into that wetland area, detained at the existing driveway crossing, so by the time you get to the back of the farmhouse there’s really no impact.

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Mr. Undercuffler: Who was the developer = that didn’t provide the detention pond?

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 9

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Mr. Berger: I don’t recall a= nd I don’t think I contained it in that memo, that goes back quite awhile.=

Mr. Spath: I don’t have that either. I’d just like to state, as Chuck said, that area is now being used where there was an altern= ate where the road would be as a detention area now and it would probably be be= tter left undisturbed. It’s = acting well now, but we are increasing the pipe size after that to help any proble= ms that may arise in the future. (Tape #1, side A ended – may have missed some.)

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        &= nbsp;           &nbs= p;   Mr. Undercuffler, Vice Chairman, read aloud the following letter into the recor= d:

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“Mr. Joseph Poll= etta

36 Zoar Avenue

Oakville, CT

Re:       Repair to Water Easement by = Mark Forte Construction Company

Echo Lake Road to Lake Road, Town of Watertown

= ;

Dear Mr. Polletta:

This is to inform you that Mark Forte Construction C= ompany will restore your easement, particularly in the vicinity of the wetlands pi= ece by May 31, 2005. If you direc= t Mark Forte not to undertake the work, the Water & Sewer Authority will consi= der you to be satisfied with the current situation and there will be no further obligation on the part of Mark Forte Construction Company or the Town of Watertown. Please contact us if you have any questions.

Very Truly Yours,.

Frank T. Jodaitis

Superintendent

Water & Sewer Authority”

        &= nbsp;           &nbs= p;   Mr. Spath: Upon receipt of that letter from Jo= seph Polletta we advised them, because the wetlands was flagged and it’s slightly different than what was shown on the original proposed easement wa= ter line installation map, we advised him to not undertake that work at this time. I would like to point out that the= plans have been revised and just recently submitted to Chuck Berger a couple of d= ays ago and also to Moosa after the last walk.= We’re looming forward to any comments by Chuck and hopefully by the next meeting we can address any comments that you may have or we will be going (inaudible) an extension if needed.&= nbsp; I’d also, these plans have also been dropped off, I let Moosa = know that Chris Allen, from Land Tech, correct?

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 10

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Mr. Rafey: Land Tech Consultants.=

Mr. Spath: And they’re loca= ted in our same two so we dropped those off for Moosa and he’s going to revi= ew those plans. That’s a t= hird party review. For people who weren’t here at the first meeting, the Commission was looking at havi= ng a third party review because of the proximity of this to the lake, so Mr. Polletta has agreed to employ Land Tech and they are currently reviewing the new set of plans that we dropped off to them.

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        &= nbsp;           &nbs= p;   Mr. Undercuffler: Yea, actually the Commission selected Land Tech and Mr. Polletta is paying for it.

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        &= nbsp;           &nbs= p;   Mr. Spath: Yes, so that has been undertak= en and I’ve wrote Mr. Rafey’s letter that they should have comments by= the next meeting, so we’re looking to address those comments. I’d also like to point out, = not to do with the wetlands, but it does have to do with the application, I was ma= de aware tonight that there was a discrepancy possibly in the property line an= d I did tell these people, I took down their numbers, it was on the westerly property line along Oak St= reet. At my first glance I don’t b= elieve there is any discrepancy, but I am going to take a look at this and contact= the owners and whatever owners I can’t contact I’ll have an answer = at the next meeting, but I am going to look at (inaudible) early in the week.<= span style=3D'mso-spacerun:yes'> That concludes my presentation at = this time. Mr. :Pilicy would like = to say something.

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        &= nbsp;   Atty. Pilicy: Not at this time.

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        &= nbsp;           &nbs= p;   Mr. Undercuffler: We’ll open up now to the Commission members. Does anyb= ody have any discussion? Myself, = I find this going a little bit overboard in terms of the number of lots and the am= ount of disturbance. There’s= an awful lot of these lots that are right up at the edge of the buffer and no = way is construction going to occur without disturbing, and maybe in some cases = obliterating the buffer in that area. I th= ink there’s problems with Lots #18, #15, #5, the driveway goes through the buffer and across wetlands, Lot #12 there’s really no room, Lot #11 is right on the buffer line, Lot #10 I think the driveway could be moved out of the buffer or away from the buffer, off of the buffer and Lot #4 is directl= y on the edge, and I think it’s very unrealistic to think that you can bui= ld a house right up at the edge of a buffer and not affect the buffer, the buffe= r is there for a reason, so I think this needs to be looked at very strongly. I’m not sold on the idea tha= t that entrance road really can’t come in on that existing area, the initial area. As you say it’s a= lready been disturbed. Why disturb t= he new area. So that’s I think= a question mark? I don’t = know if anybody else has any other comments.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 11

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        &= nbsp;   Mr. Jones: In the letter that you wrote, or th= at has been written to Mr. Jodaitis, mentioned May 31, 2005 as the date after which you will assume that there is no problem.&= nbsp; Is there any particular reason why that date is so soon? It’s only a little bit more = than a month away so it doesn’t give us much time to make a decision here.

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        &= nbsp;           &nbs= p;   Mr. Spath: That actually does not have to= do with this application. What t= hat was, when that water line was installed, there was a problem because of the installation of water line had rerouted some water and started to sheet flow from a natural flow that was there before the installation so we contacted = the water company prior to even hiring us, I believe, and that was their commen= t, that they would look at repairing that.&nb= sp; I told him just to hold off on it.&= nbsp; It looks like right now that they will not be doing any repair at th= is time, so you would probably be giving up the right, unless he does talk with the water company he may have to take up that himself. I would like to just address a cou= ple of comments that you made. Since= the first application we did pull out, 15 is totally out of the buffer area. On a few of these lots, I do have a proposal I can put up here, on a few of these lots I proposed where it̵= 7;s really going to a buffer area, to put up stone walls that would be put up before the tree clearing would happen not to allow any skitters to go within that buffer and an engineer would monitor those, and Moosa is already going= to monitor those, but if you look at this development now in relation to the houses that are surrounding t, those houses are pretty well spread out. If you look at the total area of t= his parcel that’s being left, I do have at, you have to get up and see it, but I do have a limit of disturbance area shown on there that is saving alm= ost all the woods that’s out there except for the drive and the house, it’s really tight around the house, and what would have to happen is = when those houses are put in, those stone walls would have to be placed on about= 3 lots to ensure that it would not be encroached upon the buffer more than what’s shown on the plans. I can show, I have a Lot #5 and a #18, I was going to do something for #15 and Mr. Polletta, I have to talk to him, he’s willing to do it on a few of the lots, but we are trying to stay out of the buffer area. Lot #5 we moved the house, Lot #5 is within the buffer area, the house is not = within the wetlands, but within the buffer area.&= nbsp; On one side we reduced it to totally not be within the buffer and we configured the house to be an L and I have a plan I can put up just to show= the proposed stone walls on that lot. I don’t believe all the lots, as you mentioned are that type. It’s not . . . . .

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Mr. Undercuffler: Some of these lots, there’s actually no almost, no usable back yard or side yard thatR= 17;s not in the buffer and it’s not reasonable to assume that when people = buy a lot they’re not going to use the buffer.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 12

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  &nbs= p;            &= nbsp;        Mr. Spath: And that’s why we proposed to put up the stone walls to demarcate that area and what that doe= s is instead of putting up signposts with signs, there’s actually a stone = wall that would be on the map of record filed that delineates them.

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        &= nbsp;   = ;           Mr. Duplissie: Did I hear you properly that Lot #15 has been eliminate= d?

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        &= nbsp;   = ;           Mr. Spath: No, it’s not within the buffer area. We don’t have (inaudible) proposed within the buffer, but I did mention = on the walk through that I would put some stone walls on a few of the properti= es and those would be installed prior to clearing the properties.

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  &nbs= p;            &= nbsp;        Mr. Duplissie: And that’s the l= ot that he’s talking about where the house is 15, 20 feet away from the buffer?

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        &= nbsp;   = ;           Mr. Spath: From the buffer.

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        &= nbsp;           &nbs= p;   Mr. Duplissie: And you’ll put a stone w= all on the buffer line?

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        &= nbsp;   = ;           Mr. Spath: On Lot #15 we would put a stone wall right on the buffer line, yes.

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        &= nbsp;   = ;           Mr. Duplissie: But that’= ;s not on this map?

        &= nbsp;   = ;           Mr. Spath: No. I did work on two lots that I can = show, I plan on doing about 4 lots, I can do another one, I was saying 3 but I ca= n do 4 that will have the stone wall.

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  &nbs= p;            &= nbsp;        Mr. Duplissie: Lot<= /span> #5 you have on this m= ap, you have stone walls on both sides . . . . .

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        &= nbsp;           &nbs= p;   Mr. Spath: I have an area shown here for = Lot #5, a preliminary plan that I did, on a larger = scale.

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        &= nbsp;   = ;           Mr. Duplissie: Can I see that= ?

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  &nbs= p;            &= nbsp;        Mr. Spath: Lot #5 is tucked between = two lobster claws of wetlands (inaudible).

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        &= nbsp;   = ;           Mr. Duplissie: So this is the= edge of the wetlands and this is the edge of the 50 foot buffer? This is Lot= #5, the two stone walls. The driveway and the house are within that 50 foot setback area, or the corner = of the house is, and those 2 stone walls basically the length of the lot.=

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 13

&nb= sp;

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Undercuffler: And where’s the driveway ther= e?

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: Right here on Lot #5. Lot #6 is different, he hasn’t done that one,= he just put this one (inaudible).

&nb= sp;

Mr. Undercuffler: So is the driveway goi= ng through the buffer?

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: The driveway is go= ing through the wetlands, just at the beginning where it’s already distur= bed by the water line, it’s in that clear opening. This was the disturbed area that we walked, where the water line went through, and that’s where the drive= way is going through, the already disturbed area. If Mark Forte was to go out there = and repair this, he’d be repairing that area, they’d be in there marking around in that area, so we’re trying to keep within the area = that was already disturbed. But I = can propose, Lot #5 is because it’s st= uck between two wetlands, it’s like if there was 100 foot review area, you’d have to have 260 feet between the wetlands to fit any houses in there. If you look at the are= a in Lot #5 that’s dry land, it’s the same area or larger than the s= ize of the house, as this house, larger, this, larger, Lot #5 is actually one of the nicest lots to propose a house on.&nbs= p; It sits well in there.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: I think Lot #18 is another example where there’s real= ly no room around that house, it’s really stuck down in there, that’s= the one that’s up along . . . . .

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: Lot #5 and #18 are the ones within the buffer area.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: I think in general, we’re trying to protect the wetlands and you can go anywhere= you want, just stay out of our wetlands.

&nb= sp;

  &nbs= p;            &= nbsp;        Mr. Spath: In general looking at = the whole piece of property here, . . . . . all of the wetlands, the large are = of wetlands is being protected and will be protected by conservation easement.=

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Undercuffler: And that we appreciate, but th= ere are others that aren’t being protected, that’s what we’re after.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 14

&nb= sp;

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Spath: Well it is being protected, we’re proposing to protect it with out stone walls on those lots. We are trying to stay, what weR= 17;ve done on Lot #5, the small area that’s being crossed on the driveway if you look on the map, where the wetlands is is disturbed on the field, if you need to walk that again I can’t show that, but that was that whole fl= at area where the water line went through and our road was off the very edge o= f disturbance. I believe everybody remembers that= , so even though it shows on the map that it’s a green line, if need be I’d like to show the people in the field again exactly what you’= ;re talking about crossing because it’s already disturbed and we’re talking about having an excavation company come in and fix that, and for the small amount of disturbance we’re just across that already disturbed wetlands, I think, if you take a look at the map, but you all have to take a look at what it looks like in the filed, is what I’m trying to say in= the end. We’re not crossing= a pristine wetlands in that area.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: Does anybod= y else on the Commission have any comments?

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Duplissie: I’d like to have more ti= me to look at it.

&nb= sp;

Mr. Undercuffler: Yea, definitely.<= /o:p>

        &= nbsp;   = ;           Mr. Duplissie: I mean we just= got these, this is a new one submitted today, this is the first time we’re looking at it, we walked the site on Saturday and it was nice, we got to see exactly where these lots are going to be and some of the houses were staked out, unfortunately once we had this again and this is some wetlands on there and obviously we want to take care of the wetlands. When it comes to the 50 foot setba= ck area, when you encroach on that, I don’t have a problem with that as = long as we protect the wetlands that are downstream of it, but when you cross the wetland I have a problem. So I’d like to take some time, and maybe even walk this again and you’ll have to stake your wetlands and exactly where we’re goin= g to cross it.

&nb= sp;

Mr. Spath: I’d like to stak= e the exact areas on Lot #5, so you could take= a look at where that is. Make it clear, and we are aware that this public hearing will be open at least to t= he next meeting, I think we’re willing to give an extension after that t= o do this.

&nb= sp;

Mr. Jones: Mr. Spath, on the table alteration of regulated area in many places you have an n/a and the n/a cou= ld be not applicable or not available. If it’s not applicable, I would assume it would probably a zer= o, but could you explain just what the n/a means?

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 15

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: Not applicable, th= at there’s (inaudible).

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Jones: That means zero?

&nb= sp;

Mt. Spath: Yes, I believe there i= s, I can show you quick and go over it with you.

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Jones: No, that’s fine. If it means zero, fine. I have one question here because I’m probably the last person to be a full time member here, but if it follows that we don’t have the report from the outside agency and we don’t have Mr. Berger’s report yet, and so on, I’m just wondering how it is best to m= ove this program on because it seems to me that no decision will be made tonigh= t so I was wondering if we could talk about maybe you could clue me in on how we could make the best time while we’re here.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: I think ton= ight was basically to get the feeling of everybody involved and then we’ll have a chance to study the plan, get the consultant’s report and over= the next month or so come to a conclusion.&nbs= p; All we can do tonight is ask the obvious questions that we see now, I’m sure more and more will pop up.&= nbsp; If nobody else on the Commission has anything I’ll open it up = to the public. Stand and approac= h the microphone and state your name and address.

&nb= sp;

        &= nbsp;           &nbs= p;   Tom Cannavaro, Lake Road and Oak Street, Watertown, CT 06795

Mr. Cannavaro: I live on the corner o= f Lake Road a= nd Oak Street,= right here. I’m on a well, I don’t have city water, I’m not attached, but I have a sewer. What guarantee do I have, he says there’s a minimal disturbance, there’s 13 items in here that they’re disturbing, that’s not minimal to me, that’s the whole thing. In the 43 years = that I lived there, Joey Zappone tried to build there, two other banks tried to bu= ild there and they were turned down, what’s changed in 43 yeas that he ca= n do all this and the Town is doing nothing to stop it?

Mr. Undercuffler: Well we recognize this= is an application, this is not approved at this point.

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Cannavaro: Yea, I just want to get the message, there’s a natural brook that flows out of there and my well must come= out of there, so what guarantee to I have, with these disturbances that they’re saying is minimal, my God (inaudible) that my well won’= t be hurt and if my well is hurt, how am I going to be guaranteed the expense of tying in? Is Polletta going t= o pay for it in the future? So get = the banana (inaudible) they’re going to hit and run and leave us there, we’ve lived there all my life plus that map is not right. If this guy didn’t look it u= p, he’s 30 feet into my daughter’s property and she has a deed on, that’s been surveyed and looked at, I didn’t see you guys there= Saturday, I live right in, I’m in the yard, if you want to go in my yard, say oh fine, come up any time you want.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 16

&nb= sp;

  &nbs= p;         Mr. Undercuffler: We were there, we didn’t walk all the way up because we had walked that part before and seen all that, we didn’t walk all the way to the end but we walked all the rest of it.

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Cannavaro: A lot of the disturbance (inaudible;) nobody has ever built back there that I know of, in 43 years t= hat I’ve been there. The disturbance I think they’re talking about is when the tornado hit Watertown, that’s where it came, right through the back yard, it tore down half of my yard and all the trees in the woods there, so a lot of the disturbance that I think they’re talking about must be from the torna= do, because I’ve never seen a construction truck or anything back there o= ther than a water line. The one th= ing I will say though, Mark Construction Company is the best construction company I’ve ever seen. Our str= eets are beautiful, in perfect shape, they did a beautiful job putting the water line through. That’s ab= out it, there’s too many things to talk about, so let other people talk.<= span style=3D'mso-spacerun:yes'> Thank you.

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Undercuffler Does the applicant want to res= pond to that initial question at all?

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: I’d just lik= e to say that no additional wells will be put in on this subdivision and our lan= d is down gradient of his, we should not affect his water by digging a foundatio= n in the ground 6 or 6.5 feet, so there’s no additional wells to take away= his water. Also I’d like to= say the disturbance area that I saw I didn’t see anything from a tornado,= but it was from the water line installation.

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Cannavaro: I’m not concerned about = the ruining my well, but if he starts filling in this wetland and this brook, what’s to stop anything from going back through that brook that’= ;s behind Bruce Ennis’ house? This is me here, this property is not here, it’s right here. There’s a line here, you guy= s I don’t know where you got your information from or your map, or you didn’t look well enough, but you have 30 feet from my property from t= he middle of my yard here, it doesn’t belong to you, it’s going do= wn here (inaudible).

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: I’ll take a = look at that.

&nb= sp;

        &= nbsp;   = ;           Mr. Cannavaro: But you’= re saying you’re doing a lot of fllling in of things, the brook is here,= if somebody is polluting the area here, why won’t it feed back into my w= ell?

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: What’s shown= on that plan, the construction is actually graded towards that wetland, itR= 17;s graded to go down along side it. This area here is graded that way, and this is graded that way, it’s not graded towards that wetlands.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 17

&nb= sp;

&nb= sp;

        &= nbsp;   = ;           Mr. Cannavaro: This is a depression, between 5 and 6 it goes down like that.

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: That area is to be= left undisturbed and we can show some limits of disturbance in that area for the next meeting to address any comments that he has.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: Thank you.<= span style=3D'mso-spacerun:yes'> (Tape #1, Side B ended – may= have missed some.)

&nb= sp;

        &= nbsp;   = ;           John Pearl, Oak Street, Watertown, CT 06795=

Mr. Pearl: I’ve lived on <= st1:Street w:st=3D"on">Oak Street = for 33 years. My property borders the subdivision in question. I ha= ve one problem at this time, and this gentleman may have partially answered this b= ut I want this to go on the record. When the Adams Road and Mallory Subdivision was developed nobody bothered to investigate where = the water runoff from Oak Stre= et and Edge Road would go, it goes right past my house, Oak Street, and goes into the lot d= own below. In August of 97 I pres= ented a petition signed by the people on Mallory Road. Mr. Deleppo of the Town of Watertown looked into the problem and said that the storm drain was needed at the end= of Oak Street.= I gave the Town of Watertown an easement through my proper= ty to install the storm drain and a 15 inch pipe to clear up this matter. As of this date nothing has been d= one on this problem, and I have been told many times thee is no money in the budget. Mr. Deleppo figured t= his project would cost about $37,000 using the Town personnel to do the work. If the problem isn’t fixed, = this would greatly increase the wetland problem that exists in the present time = on the property that is in question here this evening.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: Could you j= ust point to where your property is?

&nb= sp;

        &= nbsp;   = ;           Mr. Pearl: Yes, here I am (inaudible) Lot #5, John Pearl, and here’s the drainage easement that I allowed them to put in, and this = is the piece of property that I gave back to the Town and drops off to Mr. Polletta’s property. Th= is gentleman said I thought he was going to continue this drainage over into, = this is what your plan is, but I’ve been waiting 9 years and so are these people’s back yard. You can’t even walk through them after a heavy rain at the present time.<= span style=3D'mso-spacerun:yes'> Mr. Conticki will purchase this pr= operty from me or my neighbor across the street eventually, the water used to run right straight through and these people made a berm to bring it down through here and water goes downhill, there’s not much you can do with this.<= span style=3D'mso-spacerun:yes'> You can’t walk through these people’s back yards after a heavy yard, so that’s just going to= add to the problem if that’s not fixed, which it’s supposed to be.<= o:p>

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 18

&nb= sp;

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: I think that’s your plan, to fix that, isn’t it?

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: Our plan is to bri= ng the drainage up to that easement and possibly to the road at least for the Town then to continue in the public right of way to fix that or we’ve talk= ed with Chuck Berger regarding that.

&nb= sp;

        &= nbsp;   = ;           The= rese Haberman, 195 Lake Road, Watertown, CT 06795=

&nb= sp;

        &= nbsp;   = ;           Ms. Haberman: I am vehemently opposed to the Lakeview Estates development as presented and in particular = Lots #5 through #10 inclusive adjacent to the Echo Lake in Watertown. Perhaps you have heard the express= ion or some facsimile of it “crap runs down hill”. Well in this case crap runs down h= ill right into the lake. Building= on a high elevation, Lots #5 through #10 will contaminate the wetlands, the stre= am that runs down the middle of the properties and ultimately the lake below.<= span style=3D'mso-spacerun:yes'> These 6 lots are at an elevation o= f 640 to 650 feet above sea level and there’s about an 80 or 90 foot drop d= own to the lake. Further, these l= ots are only a couple hundred feet away from the lake itself on the upside of t= he stream and the wetlands unlike the other lots in the development.

&nb= sp;

As some of you may rec= all from the past, the first major attack on Echo Lake came from the Mt. Fair F= arm Subdivision because of its elevation all of their crap ran downhill and rig= ht into the lake and that development was about a half mile away. Think how much more rapid and effe= ctive the destruction to the lake will be with this plan. Haven’t they done enough to = poor little Echo Lake? Hasn’t Mr. Polletta done enough? He sold the property = to the housing development next to the Reflections Condos on the other side of Echo Lake. Take a drive down Icehouse Road and take a close look= at what that housing development has already done to the lake. Forget about calling this new development Lakeview Drive; Swamp View Street or Swamp Circle is much more fitting if we allow this assault on the lake to continue.=

All of us have let thi= s Town go. We have blindly turned our heads and allowed people to ugly up the Town’s landscape, destroy the trees, streams, wetlands, and lakes and scare away our beautiful wildlife.<= span style=3D'mso-spacerun:yes'> We should have stopped it from hap= pening years ago; we have to stop it now, we need to say no to crams of these ¼ acre lot track housing developments that invade our woods and wetlands. Mr. Polletta wants to destroy one = of the prettiest, pristine hill tops in Watertown. The trees, plants, and wildlife in= this area is incredible. We have a= huge family of wild turkeys, deer, (inaudible) and raccoon bunnies, every type of bird, toads, and dragonflies. We even had a bald eagle nesting in this area which was driven away by the construction of the water main.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 19

&nb= sp;

All we’re asking= for is the preservation of about 10% of development, the upper end, the top for= the development, which is Lots #5 through #10.= When we think about the planned destruction of these beautiful trees after the horrendous damage from the tornado, we have greatly sad. For 16 years since July 10, 1989 my family and my neighbors have watched while this land has slowly nursed itse= lf back to health. How can Mr. Polletta allow this beautiful piece of land to be casually destroyed? To do so in our view is a sin agai= nst God, Nature and Watertown. The design of this development, particularly Lots #5 through #10 is well in keeping with the slum theme he proposed to cram 6 houses in a tiny cul de sac, right on top of one another= and back up so far of a lot that these people will have no back yards and no privacy. We could not have co= me up with a more intrusive tenement like plan if we tried. We suggest that as an alternative = Mr. Polletta could build a trailer park on these sites. It would probably look nicer than = what he’s proposing and maybe at some point we could drive the trailers aw= ay and reestablish the beauty of this soon to be horribly violated land.<= /o:p>

Seriously a suggestion= to Mr. Polletta is to donate the land of these 3 acres for Lots #5 through #10= to the Town for conservation land and build on the remaining lower lots below = the wetland stream. If he would a= gree to do this, he’d preserve the beauty of the hilltop and the wildlife = and would result in minimal obstruction to the wetlands and streams and ultimat= ely to Echo <= st1:PlaceType w:st=3D"on">Lake itself, so we request that you reject Mr. Polletta’s proposal. This is from myself and my (inaudible).

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: Recognize t= hat the Inland/Wetlands Agency’s Charter is to protect the wetlands. Some of the points you’re ra= ising really have to be addressed at Planning & Zoning so make sure you addre= ss them at the proper time.

&nb= sp;

        &= nbsp;   = ;           Paul Bourassa, 43 Mallory Road<= /st1:Street>, Watertown, CT 06795=

Mr. Bourassa: = I want to thank you fo= r the opportunity to speak on this subject tonight and I know there are still a l= ot of questions, some of the commissioners haven’t had time to read the updated plans, and one of a procedural question and you can answer it after= my full statement, is what happens next? Do we have another opportunity to come back and speak once we see the updated plans and you guys have had our questions answers? I’d also like to applaud the Chairman’s comments. Th= ese are very important questions that we have about the wetlands. As far as I’m concerned this= is the first line of defense. If= this development gets past your board, then it’s going to be a lot easier = for people to come and ask for variances once they purchased the property, nobo= dy is there to police it, so you guys are the first line of defense. Me, as an average taxpayer in the = city, I don’t know much about the process, so I’m relying on your expertise to protect us, the taxpayers.&nb= sp; So I’d like you to keep that in mind and maybe you could answer that question about the procedure.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 20

&nb= sp;

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: As far as t= he procedure goes, the Hearing won’t be closed tonight and it may go on = for another 1 or 2 sessions and at that time you’d still have opportunity= to come back and comment and question and so on.

&nb= sp;

        &= nbsp;   = ;           Mr. Bourassa: I know it’= ;s tough to stop development, and I’m not saying it has to be stopped, b= ut I think as all of us as taxpayers know, we have to come up with the best plan= for the city and expect Mr. Polletta to also be a good neighbor as well as he w= ants us to be a good neighbor. I appreciate your time.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: Just to cla= rify what I said earlier, the Inland/Wetland Agency, our job is to protect the wetlands and the associated buffers and watercourses and so on. Our job is not to dictate how many houses can be put on a piece of suitable property, (inaudible) property is built (inaudible), that falls under the subdivision regulations and Plannin= g and Zoning are the people to talk to on that, and they’ll have a Hearing after we’re done, or maybe along with us. Any other comments or questions?

&nb= sp;

        &= nbsp;   = ;           Bru= ce Ennes, 13 Oak Street, Watertown, CT 06779=

Mr. Ennes: Who marks out the wetl= ands, a surveyor?

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: No, they’re, a soil scientist who is certified specifically to do this.

&nb= sp;

        &= nbsp;   = ;           Mr. Ennes: And they’re = hired by you people?

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: No, they= 217;re federally certified, they’re not . . . .

&nb= sp;

        &= nbsp;   = ;           Mr. Rafey: They are hired by = the developer, but this Commission also hired a third party review to review the application and I requested the third party to go on the property and check= the wetlands the way they are flagged to make sure that they are all consistent with what we see on the plans.

&nb= sp;

        &= nbsp;   = ;           Mr. Ennes: In other words Mr. Polletta paid the people?

&nb= sp;

        &= nbsp;   = ;           Mr. Rafey: Yes, he did.<= /o:p>

&nb= sp;

        &= nbsp;   = ;           Mr. Ennes: (Inaudible) mark w= hat he says?

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: No.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 21

&nb= sp;

        &= nbsp;   = ;           Mr. Duplissie: No, these are = State licensed people, just like an attorney or a builder, if you build it wrong = or make it wrong, you’ll lose your license and you won’t make any money anymore. He has to do h= is job the way it’s marked. If it’s wetlands, he marks it wetlands, and if it’s not, he doesn’t put a flag there. He marks the limit of it for us to see. The soil tells us what it is. It’s not a tree, it’s not a bug, the actual soil he take= s a sample of tells us whether it’s a wetlands or not.<= /p>
&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: As far as t= he consultant on that, we selected the consultant after checking, first of all this is a consultant we’ve had do work for us in the past on other development. He has no connec= tion to the applicant. The applica= nt is responsible to pay for it, but that’s the extent of it.

&nb= sp;

        &= nbsp;   = ;           Dav= id Holley, 86 Adams Road, Watertown, CT 06795=

&nb= sp;

        &= nbsp;   = ;           Mr. Holley: We talked on seve= ral occasions about putting a stone wall or the Wetlands Commission, now what’s going to protect the wetlands after personnel buys that property? Who’s going to oversee, I mean everyone wants to do what they want to do on their own property, what’s a stone wall going to stop the person that buys the piece of property from cutting down trees in the wetlands. Is this what the Commission does?<= o:p>

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: There is a Wetlands Enforcement Officer, but recognizing that person can only go so fa= r in seeing violations. Some of th= ese things occur, that’s one of the problems in this property, a lot of i= t is kind of hidden, but there is an Enforcement Officer to look after that sort= of thing.

&nb= sp;

        &= nbsp;   = ;           Mr. Holley: You talked about = the water line that went through the wetlands.= Who approved that water line to go through the wetlands? I mean we’re talking about undisturbed property, we don’t want to go through the wetlands, but t= he water line already goes there and we already disturbed the wetlands in that= one area, so why not disturb it again? That’s what it seems like (inaudible). I just don’t understand, how= did the water line get through the wetlands?&n= bsp; I thought any grading that gets down in the wetlands had to get approved, no matter if it’s a development or not?
&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: This I thin= k was before the present people here, but water companies have certain for better= or for worse, certain rights to do things that maybe the normal person doesn’t have.

&nb= sp;

        &= nbsp;   = ;           Mr. Holley: So they could go = past the Commission to build the water line in there?

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 22

&nb= sp;

&nb= sp;

        &= nbsp;   = ;           Mr. Duplissie: It’s not= just the water company, utility companies in general, the electric company, gas company, they have more rights than we have and sometimes they have a right= to go in and disturb things and they do the minimum that they can to disturbed, but there are times when that happens, where we have water and electricity = and those things have rights. I m= ean they worked on this piece of property and they did minimal damage and they chang= ed the watercourse. That happens= when you dig.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: They’= re going to limit it, too, to where you can put a water line. You cant put it just any place.

&nb= sp;

        &= nbsp;   = ;           Mr. Holley: If any plans do c= hange, you would have to make a revised, I mean unfortunately I only lived in my neighborhood for 9 years, unlike others that have lived here for 34. I lived on Adams Road and I’m directly a= cross from Mallory. I mean I’= d like (inaudible) because I have minimum amount of traffic that comes out of there. Now if there’s g= oing to be a revised plan to that dead end street, it shows right now, penned in area right now, now is that proposed by the Town or the developer to put th= at into that (inaudible)?

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: No, I think= the reason they put it that way was that way they can get more houses on a cul = de sac, if there is a potential in the future of opening up a connection to another section but they’re hoping to not have to open that up as I understand it, that’s their intent.

&nb= sp;

        &= nbsp;   = ;           Mr. Duplissie: It’s not= part of our regulations.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: Yea, we don’t affect that at all.

&nb= sp;

        &= nbsp;   = ;           Mr. Holley: And like you said, there is a lot of people here and hope there’s more to come in the ne= xt couple of meetings do happen because we all do live in that neighborhood, a= nd there’s people that lived here for years and know this area more than= I would ever know in my lifetime cause I have never walked in these woods, an= d I hope they fight for what they beli= eve is true. Thank you very much.

&nb= sp;

        &= nbsp;           &nbs= p;   Tom Cannavaro, Lake Road and Oak Street, Watertown, CT 06795

&nb= sp;

        &= nbsp;   = ;           Mr. Cannavaro: I have a question. Is Mr. Polletta a m= ember of this Board?

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: He is not h= ere tonight, he has recused himself from this, but yes, he is a member of this Commission.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 23

&nb= sp;

&nb= sp;

        &= nbsp;   = ;           Mr. Cannavaro: He has nothing= to say on this, what you say or do wetlands?

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: No.

&nb= sp;

        &= nbsp;   = ;           Mr. Cannavaro The other thing= on the pipeline, I hear remarks why this water line went through. I don’t know why the Town doesn’t address that problem. What I was told was the reason this line came through there is that = you have problems with one of the water tanks, it leaks and you had to fix it, = and you can’t do it without the pressure, if you shut down the tank that’s bad, then you lose that whole side of the Town without it, that’s what somebody told me, and it sounds very legitimate.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: Yea, I think that’s true. Is that right? Yea, that was my understanding.

&nb= sp;

        &= nbsp;   = ;           Mr. Cannavaro: Well it would probably help if the people who are on these things would at least put it in the newspaper and say we have a problem and we need the people’s help, instead of just going in and doing things and not telling anyone.

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: I think tha= t had been publicized.

&nb= sp;

        &= nbsp;   = ;           Mr. Cannavaro: Not the proble= m with the tank, we’ve been asking for sewer and water for 43 years and we n= ever had anything, and the Town told us where to go, they’ll never come up there with, and all of a sudden you’re there with a water line overni= ght, you’re blowing out houses right with the development of the street, a= ll right that’s enough.

&nb= sp;

        &= nbsp;   = ;           Mark Tedesco, 145 Hard Rock Roa= d, Watertown, CT 06795=

Mr. Tedesco: As a developer myself= , and what the Commission is, regarding Lynnfield Acres about a year ago you suggested a walking trail for my development and at first I was a little hesitant and the only thing that perked my interest in in this development,= and I’m not here to pick it apart or talk about open space, but you have a great opportunity that I can see as a resident and a developer to put a gre= at system of active walking trails here, being that it’s on the lake are= a, and I think the Commission should give that some pretty good thought and ma= ybe the applicant’s, maybe mitigation purposes also. I see, does the applicant actually= own to the lakefront?

&nb= sp;

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

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 24

&nb= sp;

&nb= sp;

        &= nbsp;   = ;           Mr. Tedesco: How much open sp= ace right now does he have?

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: What is he proposing here? Do you have t= he answer to that?

&nb= sp;

        &= nbsp;   = ;           Mr. Spath: 18% of the propert= y.

&nb= sp;

        &= nbsp;   = ;           Mr. Tedesco: 18%? I think 10% is what the law is her= e in Watertown. I would really look hard on that w= alking trail. I think it would be a = great incentive.

&nb= sp;

        &= nbsp;   = ;           Mr. Rafey: Regarding the walk= ing trail, we received this letter from the Parks and Recreation Commission if = you want to read it into the record.

&nb= sp;

        &= nbsp;           &nbs= p;   Mr. Jones, Secretary, read aloud the following letter for the record:

&nb= sp;

        &= nbsp;           &nbs= p;   “From Lisa Carew, Recreation Director

        &= nbsp;           &nbs= p;   To Mary Barton, Planning & Zoning Enforcement Officer

&nb= sp;

        &= nbsp;           &nbs= p;   April 13, 2005

&nb= sp;

        &= nbsp;           &nbs= p;   Re:       Echo Lake Walking Trail

&nb= sp;

        &= nbsp;           &nbs= p;   The Watertown Parks and Recreation Commission at their regular meeting on Thursday April 7, 2005 unanimously went on record to affirm their desire to have a walking path all the way around Echo Lake. Please contact me with any questio= ns or concerns.”

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: I think the Commission, speaking for myself at any rate, we strongly support the idea of having a trail around the lake, and I think that is the goal of the applicant. We’re anxiou= s to see just what form that will take, we haven’t seen the details yet but the concept is there. Any Commissioners have any further questions or comments? We need a Motion to continue the .= . . .

&nb= sp;

        &= nbsp;   = ;           Mr. Jones: Reading from the handout for tonight= 217;s program here, proposed subdivisions requires a permit from the Department of Environmental Protection due to the fact that they’ve disturbed more = than 5,000 square feet of wetlands. I was wondering, I haven’t run into D.E.P. involvement yet, could you explain what that means to us and where we stand with the D.E.P.?

&nb= sp;

        &= nbsp;   = ;           Mr. Rafey: That was on my ori= ginal memo for the original plan. T= hey revised their plan. Now it is= less than 5,000 square feet of disturbance to the wetlands. I think it’s 4,300 square fe= et.

CONSERVATION COMMISSION/INLAND WETLAND AGENCY=

PUBLIC HEARING

APPLICATION #521 – GIUSEPPE POLLETTA

SWIFT SCHOOL IMPROVEMENT PROJECT

APRIL 14, 2005

PAGE 25

&nb= sp;

&nb= sp;

        &= nbsp;   = ;           Mr. Undercuffler: I think to = answer your question, though, if it is above the limit, D.E.P. has to be notified = of that. Do we have a Motion to Continue?

&nb= sp;

        &= nbsp;           &nbs= p;   MOTION:       (Mr. Duplissie, sec. Mr. Beauchamp) to Continue the Public Hearing for App. #521= of Giuseppe Polletta for subdivision of a 28.3 acre parcel into 19 residential building lots and construction of associated roadways Echo Lake Road and Ice House Road, Watertown.

&nb= sp;

Discussi= on: = ;      None

&nb= sp;

MOTION P= ASSED UNANIMOUSLY

  &nbs= p;         Public Hearing Recessed at 8:54 p.m.

  &nbs= p;         Mr. Undercuffler, Vice Chairman, called a Recess at 8:55 p.m.=

Respect= fully submitted,

&n= bsp;

&n= bsp;

&n= bsp;

Ronald = Jones, Secretary

Conserv= ation Commission/

Inland Wetland Agency

  &nbs= p;         _________________= _________________

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

“Legal Notice

Inland Wetland Agency