The Town of Washington, Connecticut
Minutes: Inland Wetlands Commission, 2003
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Inland Wetlands Commission, 2003 |
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December 10 •November 25 •November 12 •October 22 •October 8 •September 24 •September 10 •August 13 •July 23 •July 9 •June 25 •May 28 •May 14 •May 14 Hearing •April 23 •April 9 •March 26 •March 12 •February 26 •February 12 •January 22 •January 8 •Meetings in 2002
December 10, 2003
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Marguerite Purnell, Mark Picton.
Alternates Present: Candace Korzenko.
Alternates Absent: Anthony Bedini, Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Atty. Ann Martindale, Arthur Howland, Bruce Bennett, Regine Laverge, Atty. Robert Fisher, Brian Neff, Dorothy and Raymond Bolek, Peter Marcucio, Kimberly Allen, Ross Gentile, Maria Taylor, Hank Randall.Regular Business
Dorothy Hill called the meeting to order at 7:10 p.m. and seated members Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton and Alternate Candace Korzenko for Marguerite Purnell.
MOTION: To ADD to the Agenda, 1.Randall - 53 River Road to Enforcement and 2.Washington Montessori School - IW-01-08 to Other Business. By Mrs. Gray, seconded by Mrs. Korzenko and passed 5-0.
Mrs. Hill seated Marguerite Purnell when she arrived at 7:13 p.m. and thereby un-seated Candace Korzenko.
Pending Applications
Ficalora, IW-03-54, 13 Winston Drive, Construct Dwelling.
Atty. Ann Martindale and Arthur Howland, L.S.& P.E., and Pasquale Guiliano, neighbor, were present. Mrs. Hill requested a live signature on the authorization letter, dated 12-9-03. Atty. Martindale pointed out Lot 59 A was purchased in 1972 along with three other lots in this subdivision with a family purpose in mind. Mr. Howland submitted revised plans," Alternative C', Proposed Sanitary Disposal System, Church Hill Corp. Lot 59A, Church Hill Road by Arthur Howland, L.S.& P.E., dated July 25, 2003 and revised 12-9-03." He said that he addressed the drainage coming from the bordering Guiliano property by repositioning the proposed driveway, shortening the footprint of the house and installing a culvert under the proposed driveway approximately halfway down; water would no longer flow to the building site; 500 square feet at the back corner of the proposed house site would still remain in wetlands; four cubic yards of material would be added. During a site inspection, Mr. Picton observed the stream (flowing east-west along the border of the Guiliano property) originating from the lower corner of a hayfield/lower corner of a stone wall and continuing in a well established and hardened channel and containing a collection of rocks - in the area at the exit point of Mr. Guiliano's 4" pvc pipe, there is a deposition of silt which directs water onto the Ficalora property and creates a new stream (roots are still showing) which runs down toward the proposed house site. Mr. Picton thought the water should be re- established in its natural and Historical path along the border. Mr. Guiliano said that he is concerned about a solution which would wash out his driveway on Fiddlehead Lane and he submitted a letter, dated 12-10-03. Mr. Howland pointed out the contours of the property direct subsurface water from one-half of the proposed house site (situated at a high point) toward Fiddlehead Lane and flows the other way from the other half of the house site. Members agreed that Mr. Ficalora cannot fix a stream on Mr. Guiliano's property. Mr. Picton advised installing a spreader at the outlet of the newly proposed culvert under the driveway to decrease the velocity of water into a sheet-flow and possibly constructing a 30' armored swale on the Ficalora property on the downhill side to direct water back into the original stream bordering the Guiliano property.
Members agreed that a three bedroom house is better suited for this lot and would require a shallower septic system, less fill and a decrease in the use of water by 150 gallons of water per day. Mr. Howland said the Health Dept. has approved a septic system for a four bedroom house.
Mr. Picton thought the Commission should look at the original subdivision approval to determine if there were any stipulations or limitations. Atty. Martindale submitted a copy of the deed, Volume seventy eight, pages 159-163, and members reviewed the deed re the third parcel. And they reviewed a portion of the re-subdivision map # 356, dated 1974 without finding any restrictions.
Mrs. Korzenko thought a review of the above cited plan by another expert opinion is in order. Members agreed to consult Bob Oley, P.E., at Land Tech Consultants and have Mr. Howland do his revisions first, including a clearly delineated limit of disturbance. Members hoped that the neighbors could agree to work together to clean out the silt from the stream on the Guiliano property; Atty. Martindale said that if any such agreement is reached, she will submit the details.
Auchincloss, IW-03-57, 5 Kielwasser Road, Cut Trees & Brush, Stabilize Stream Banks, Planting.
Bruce Bennett, Kent Greenhouse, was present and he submitted a work sequence, a portion of a map, "Inland/Wetland Proposal for 5 Kielwasser Road by Kent Greenhouse-n.d." and photos. He decreased the number of trees proposed for removal from thirty six to twenty six and stones, blocking the front of the culvert, would be removed and packed by hand onto the banks for twenty feet upstream of the culvert. Invasives would be removed in an area on the side of the driveway and native species would be planted. During a site inspection Mr. Picton observed ten dead ash trees and ten more with weak tops. He said that his idea is to save the canopy and take out ten to twenty trees by hand without a machine and do this just in one area, check for progress in one to two years before proceeding to a previously un-managed area. Ms. Purnell pointed out the winter is a good time to work because it provides conditions for less disturbance.
MOTION: To APPROVE the application, IW-03-57, submitted by Auchincloss to cut trees and brush, stabilize stream banks and re-plant the listed native species at 5 Kielwasser Road and with the following conditions: 1.Only the mostly dead and damaged trees are to be cut; heavy operating equipment is not to be used - sections of logs can be carried out by hand. 2.The only area to be cleared is the previously cleared/managed area; the limit of management is to be the westernmost stream. 3.Invasives are to be removed only by hand-held equipment and with a preference that invasive plants not be grubbed out; but if grubbing is done, a weed wrench or other hand-held equipment is to be used. Invasives are to be removed only in the area outlined in yellow on the section of map, "Inland / Wetland Proposal for 5 Kielwasser Road by Kent Greenhouse" submitted at tonight's meeting (12-10-03) and are not to be removed below the driveway. 4.Riprap armoring is to be done only on the stream banks 20' (twenty feet) up-steam of the culvert closest to the house. 5.The Commission will make a Site Inspection during the 2004 Summer. By Mr. Picton, seconded by Mr. La Muniere and passed 5-0.
Mr. Picton expressed his concern about seeing so much destruction of woodland.
Laverge, IW-03-62, 228 Bee Brook Road, Stream Crossing.
Regine Laverge and Atty. Robert Fisher were present. Mr. Fisher said that re the alternative approach proposed during the 11-25-03 meeting, he found out the new driveway route requires a substantial retaining wall and a lot of fill; Brian Neff, P.E., agreed to review the plans and make suggestions. Ms. Laverge pointed out the ZBA Commission would also have to approve fourth party use of the existing driveway and the neighbors would have to agree to this. Members wondered if the alternative approach decreased the impact to wetlands and watercourses. Mr. Picton pointed out that several structural drainage issues would need to be included in the plans for the alternative approach; slopes would need to be stabilized during construction, a 150' long gutter installed along the driveway, the engineer to consider more culverts installed every 150' and riprap added to the outlets of the drainage pipes. Mr. La Muniere would like to see the gutter ripraped as well.
Mrs. Hill did not see a problem with how the previous plan, "Plan & Profile, Regine Laverge, Lot 2, Bee Rrook Road by C.C.A., Inc., dated Dec.14, 1994" was engineered and Mr. Picton agreed it was well done. Mrs. Hill said the members could act on the previous plan tonight but thought the substantial requests for the alternate plan should be addressed by the engineer first.
Neuhaus, IW-03-64, 147 Kinney Hill Road, Drainage Installation.
Brian Neff, P.E., submitted a revised plan, "Yard Drainage Plan, Lee Neuhaus, 147 Kinney Hill Road by Brian E. Neff, P.E., dated 11-10-03and revised 12-5-03." He moved the piping and riprap apron north to an area outside the 100' review area; the wetlands were flagged, the perc tests done and another survey done; the original subdivision map is filed in the Town Clerk's office, record #245, but a site plan for a house is not recorded. Mr. Neff said the western side of the lot is very wet and he chose a compact area for development close to Kinney Hill Road; a swale would be installed along the north border to catch the flow of water coming from the bordering property and direct it to the rear of the property with the outlet at the edge of the tree-line.
MOTION: To APPROVE the application, IW-03-64, submitted by Neuhaus to install drainage at 147 Kinney Hill Road per the revised plan, "Yard Drainage Plan, Lee Neuhaus, 147 Kinney Hill Road by Brian E. Neff, P.E., dated 11-10-03 and revised 12-5-03" and with the condition that prior to house construction an application is to be submitted to the Inland Wetlands Commission. By Mrs. Hill, seconded by Mrs. Gray and passed 5-0.
Ms. Purnell noted every effort had been made to minimize the impact to wetlands and watercourses and requests had been addressed. She said water would now be flowing east of the wetland.
Bolek, IW-03-65, 83 East Shore Road, Dock, Sea Wall, Retaining Wall, Deck.
Dorothy and Raymond Bolek submitted a revised plan, "Proposed Dock Improvements,
Raymond Bolek, Conn. Route 45 by C.C.A., L.L.C., dated 12-8-03;" Ron George, P.E., added a wall curve. Mr. Ajello. E.O., submitted a photo. Members reviewed photos of the dock in 1961 and Mr. and Mrs. Bolek submitted copies of these photos. Mr. Bolek said their purpose is to replace what was there and to stabilize the shoreline; the wall protects the shoreline from heavy summer wave action and the wall wings create an area of shallow water for their grandchildren.
Ms. Purnell pointed out the property is on a State right of way; an application needs to be submitted to the State Highway Dept. and the D.E.P. Mr. Bolek said the State wants to see an application filed with the Inland Wetlands Commission first.
Members are concerned with the continuous armoring of the lake and the Bolek's proposal to use cement blocks instead of natural armoring such as boulders. Members asked for supporting facts for the claim that the same footprint would be used; the historical dock needs to be clearly depicted on the plans as the basis for the right to re-build. Members also requested a plan that doesn't increase the permanent structural area - could have the wall wings curve out within the footprint of the deck and they requested the fence be included on the plans.
Marcucio, IW-03-66, 45 Dark Entry Road, Construct Swale.
Peter Marcucio said David Beers, prior E.O., requested the existing detention basin. Ms. Purnell said it made sense to have a detention basin on the other side. Mr. Ajello pointed out the existing basin is located immediately adjacent to the wetland and if the primary basin is placed on the other side, then there would be less material going to the existing basin and less incentive to clean it out; gravel and sandy material is in the existing basin now. Members advised Mr. Marcucio to not clean out the existing basin and to allow it to re-vegetate and to then maintain the new basin on the other side.
MOTION: To APPROVE the application, IW-03-66, submitted by Marcucio to construct a swale at 45 Dark Entry Road and with the condition that the secondary detention basin indicated on the drawing, "Dark Entry Road, Lot NO. 3, dated 11-25-03" be constructed to a size approximately 6' x 8' (six feet by eight feet) and 2'-3' (two to three feet) deep. By Ms. Purnell, seconded by Mr. Picton and passed 5-0.
Mrs. Hill noted that the Commission does not expect the existing detention basin to be cleaned out.
Gentile, IW-03-68, 38 Winston Drive, Construct Dwelling.
Kimberly Allen and Ross Gentile submitted revised plans, " Plot Plan and Grading Plan, Ross Gentile, 38 Winstone Road by Trinkus Engineering, L.L.C., dated October 30, 2003 and revised no date." Mr. Gentile said they decided to flip-flop the house and put the driveway on the other side to avoid the large amount of cutting and fill required on the steep side; he said they are also concerned about the existing ledge and the zoning limits. Mr. Picton pointed out they do not know the location of the wetlands and he suggested an alternate course for the driveway, following the contour line, which would be a much better driveway and less likely to erode. Mr. Ajello suggested using the well-formed existing driveway, which is away from the wetland; he said the house could be 15' back and rotated to have easier access to the garage; Mr. Picton agreed the house could be moved away from the stream, the driveway moved away from the outlet of the stream and the house re-oriented. Mr. Picton also pointed out that moving the septic tank was not expensive.
Mrs. Hill suggested the Commission hire a consultant to verify if any wetlands exist on the site. All the members agreed.
New Applications
Wadsworth, IW-03-70, 12 Winston Drive, Construct Dwelling.
Brian Neff, P.E., said this application offers a three bedroom house, which would involve a smaller area of disturbance; both the footing drain and curtain drain above the driveway intercept surface and sub-surface water and direct water to two places with spread aprons at both outlets; the house footprint remains the same and the deck makes sense at the back of the house where there is a steep drop-off because it would not require fill. Mr. Picton requested: 1) The tree line be clearly indicated on the plans as the limit of disturbance and language included to further emphasize that the area beyond the limit is restricted from any changes. 2)Re-graded contours be shown on the plans. 3)Submit what would be done to grade around the house.
Taylor, IW-03-71, 38 New Preston Hill Road, 2-Lot Subdivision.
Maria Taylor and Brian Neff, P.E., were present. Mr. Neff said the site would be subdivided for potential development on Lot 2; the existing house is situated on 7.6 acres; Lot 2 would contain 10.2 acres, outside of the 100' review area and clear of streams; there is a conservation easement area on the east side; the wetlands are flagged.
The Commission will make a Site Visit on Thursday, January 8, 2004 at 9:00 a.m.
Enforcement
Mrs. Hill recused herself, as she is a longtime neighbor.
Randall, IW-03-V12, 53 River Road, Disturbance of Wetlands/Mowing in Wetlands
Hank Randall said that only certain areas in the field are wetlands and other areas are allowed to be lawn and that he needs to resolve this situation because of a long-awaited upcoming closing to sell his house. Ms. Purnell pointed out to Mr. Randall that documentation needs to be presented to back up his claim of permitted areas of lawn. Mr. Ajello submitted a time line of events, covering the basic features and including after-the fact activities and violations, one of which was recorded on the Land Records in November 1999 because there had been no response to enforcement letters sent regarding the mowing of this wetland field. Mr. Ajello said the most recent violation has been restored as much as possible and the area seeded and mulched; also the stone wall was approved, so the only issue remaining is enforcing the restriction to mow the meadow only once per year. Ms. Purnell noted Mr. Randall received a permit in 1993 to enlarge the pond with the condition the meadow be limited to mowing once per year, so there has been ten years of mowing against the agreement. Ms. Korzenko pointed out that Mr. Randall cannot mow this time of year, cannot do a restoration this time of year and cannot mow in the future if he doesn't own the house after the closing.
Mr. Ajello suggested the members ask Mr. Randall to have his lawyer draw up a deed restriction to follow the Land Records for future owners, which would limit the mowing of the wetland meadow to one time per year and leave the meadow as a natural wetlands habitat and allow no further clearing of the woodland. All agreed. Mr. Picton volunteered to speak to Mr. Randall's attorney about this and also request the deed restriction be enforced by the Inland Wetlands or the Conservation Commission. Members agreed to let Mr. Picton resolve this so Mr. Randall can sell his house.
Pending Applications
Meyers, IW-03-58, 5 West Church Hill Road, Clean Silt Basin.
Ms. Purnell said she doesn't have a problem with this maintenance. Mr. Ajello reported the difficulty in accessing the basin with equipment; he will measure the pond and call Mr. Meyers to ask for clarification of the pond dimensions and ask how the equipment will reach the pond.
Meyers, IW-03-59, 5 West Church Hill Road, Re-build Stone Wall.
Mr. Ajello reported that this is a basic job and he sees no problems; half of the wall has been done. Members decided to add the clarification that the wall be two feet high.
MOTION: To APPROVE the application, IW-03-59, submitted by Meyers to re-build a 2' (two foot) high stone wall at 5 West Church Hill Road. By Mr. Picton, seconded by Ms. Purnell and passed 5-0.
Town of Washington, IW-03-63, 59 East Shore Road, Install Fence.
Members agreed the possibility of impact to the lake is minimal.
MOTION: To APPROVE the application, IW-03-63, submitted by the Town of Washington to install a fence at 59 East Shore Road. By Ms. Purnell, seconded by Mr. La Muniere and passed 5-0.
Town of Washington, IW-03-60, Tinker Hill Road, Drainage Installation.
Mrs. Hill noted they are waiting for an engineered plan.
Katz, IW-03-67, 136 Nichols Hill Road, Repair Wall.
Mr. Ajello reported this proposal involves more than a wall - there is a dam downstream of the wetlands and the pond measures on tenth of an acre or more. He noted the application is lacking in detail. The Commission will make a Site Visit on Thursday, January 8, 2004 at 9:45 a.m.
Pending Applications
Morse Estate, IW-03-69, 313 Nettleton Hollow Road, Construct Driveway.
Mrs. Hill noted that no plans had been submitted to review.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mr. Ajello reported that Mr. Beck told him the invasives would be removed this week if possible. Mr. Ajello observed timber harvesting occurring in a pine forest and informed Janet Hill who will consult with the selectmen.
Brown, IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill noted that requested information has not been submitted to date. Members agreed to consult their attorney, Michael Zizka, after the holidays.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mrs. Hill noted that requested information has not been submitted to date. Mr. Ajello reported that Mr. Ross sent a letter, dated 11-24-03, in response to Mr. Ajello's letter, dated 11-17-03. Members agreed that their understanding is that Mr. Ross does not intend to complete the restoration as directed and they agreed to consult Attorney Michael Zizka after the holidays.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In and Near the Wetlands.
Mr. La Muniere said the requested restoration to remove fill to the depth of the original surface has only been done in the area adjacent to the stream; Mr. Picton said the fill has been removed from an area 12' back from the stream and it appears that the fill has not been removed to 25' back from the stream as directed. Mrs. Hill, Mrs. Gray, Mrs. Korzenko, Mr. Picton and Ms. Purnell agreed the restoration needs to be completed, otherwise they are not doing their job. Mrs. Hill will ask Land Tech Consultants to provide a soil scientist to determine the original surface level.
Enforcement Officer's Report and Actions Taken
Mr. Ajello reviewed his 12-10-03 report. Updates on Daley Alldredge, IW-03-44 D, Gentile, IW-03-68 and Bolek, IW-03-65 were included.
Other Business
Washington Montessori School, IW-01-08, 240 Litchfield Tnpk., Construct School.
Ms. Purnell said that she has nothing new to report.
Consideration of Minutes
The minutes of the regular meeting of November 25, 2003 were accepted as amended.
Page 1, under also present, add Dorothy and Raymond Bolek.
under motion, 1st line- add 1) before IWC; 2nd line - add 2) before Marcucio; 3rd line - add 3) before Washington.
Page 2, under motion, 5th line - delete passed and insert failed.
under Ficalora, heading - delete 10 Sunrise Lane and add 13 Winston Drive.
number 7) - delete The soil scientist thought the water would probably
return to non-wetland soil.
9th line up from bottom - add well before water.
10th line up from bottom - add including those down-slope after wetlands.
11th line up from bottom - add undated before letter.
12th line up from bottom - delete dated and insert received.
Page 3, 1st line - add when he arrived after Picton and add and Mr. Bedini was thereby un-seated
after p.m.
under Ficalora, last line - delete would and insert will and delete nor and insert or.
under Laverge, 3rd line - delete one of
4th line - delete her and correct spelling of fourth.
5th line - delete the existing bridge and.
9th line - delete The roadway over the bridge is considered a highway
right of way and belongs to the State.
last line - delete to modify and insert to explore modifications to
Page 4, under Bolek, 7th line - delete per and insert by.
above Marcucio - add Anthony Bedini recused himself as he is a neighbor.
under Gentile, 6th line - delete requested and insert suggested.
Page 5, 3rd line - delete post and insert from the date of .
under Enforcement Officer's Report, 3rd line - correct spelling of Pearlstine.
under Ross, 1st line - add is after Picton and add ing after will.
Page 6, under Beck/Brown, 1st line - delete requests and insert requested information.
heading of Wertheimer and 3rd line - correct spelling of Wertheimer.
under Randall, 1st sentence - delete bulldozer and insert track loader.
Page 7, under motion to adjourn - add at 11:50 p.m.
MOTION: To ACCEPT the November 25, 2003 Regular Meeting minutes as amended. By Mr. Picton, seconded by Mrs. Gray and passed 5-0.
The minutes of the regular minutes of November 12, 2003 were re-accepted as amended.
Page 5, under Armstrong, 9th line - delete garage and insert building.
Page 6, under motion, 5th and 6th line - delete garage; setback from the wetlands not to be any closer than 12 feet on either side of the building and insert building; bringing the setback of the building on both ends 12 feet closer to the wetlands.
MOTION: To ACCEPT the November 12, 2003 Regular Meeting minutes as re-amended. By Mrs. Hill, seconded by Mrs. Gray and passed 5-0.
The minutes of the special meeting re Ficalora, IW-03-54 of December 3, 2003 were accepted as amended.
Correct spelling of Guiliano throughout.
MOTION: To ACCEPT the December 3, 2003 Special Meeting minutes re Ficalora - IW-03-54 as amended. By Mrs. Hill, seconded by Mr. Picton and passed 4-0-1. Mr. La Muniere abstained as he did not attend this meeting.
The minutes of the special meeting re Gentile, IW-03-68 of December 3, 2003 were accepted as amended.
MOTION: To ACCEPT the December 3, 2003 Special Meeting minutes re Gentile - IW-03-68 as amended. By Mrs. Hill, seconded by Mr. Picton and passed 4-0-1. Mr. La Muniere abstained as he did not attend this meeting.
The minutes of the special meeting re Marcucio, IW-03-66 of December 3, 2003 were accepted as written.
MOTION: To ACCEPT the December 3, 2003 Special Meeting minutes re Marcucio - IW-03- 66 as written. By Ms. Purnell, seconded by Mrs. Hill and passed 4-0-1. Mr. Picton abstained as he did not attend this meeting.
Administration
Sheinfeld, IW-02-61 ATF, Record Conservation Easement and Mylar Map.
Mrs. Hill said that she is working on this matter.
Administration Meeting
Members scheduled an administration meeting on Wednesday, January 7, 2004 at 6:30 p.m.
MOTION: To ADJOURN the meeting by Mrs. Hill. All agreed at 1:10 a.m., December 11, 2003.
Filed Subject To Approval
Respectfully submitted,
Katherine Moquin, Land Use Secretary
December 19, 2003
November 25, 2003
Members Present: Dorothy Hill, Charles La Muniere, Marguerite Purnell, Mark Picton.
Members Absent: Helen Gray.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Robert Weber
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Brian Neff, Atty. Arthur Howland, Atty. Robert Fisher, Dorothy and Raymond Bolek, Ronald George, Laureen Marcucio, Karla Donnelly, First Selectman Richard Sears.Regular Business
Dorothy Hill called the meeting to order at 7:00 p.m. and seated members Dorothy Hill, Charles La Muniere, Marguerite Purnell at 7:08 p.m., Mark Picton at 8:13 p.m., Candace Korzenko for Helen Gray and Anthony Bedini for Mark Picton.
Mrs. Hill seated Marguerite Purnell at 7:08 p.m.
MOTION: To ADD to the Agenda Authorization of the IWC 2004 Calendar under Administration, Marcucio IW-03-66 and Katz IW-03-67 and Gentile IW-03-68 under New Applications and Washington Montessori School IW-01-08 under Other Business. By Mr. Bedini, seconded by Mr. La Muniere and passed 5-0.
Pending Applications
Wadsworth, IW-03-50, 12 Winston Drive, Construct Dwelling.
Brian Neff, P.E., submitted a revised feasibility plan, "Subsurface Sewage Disposal System, 12 Winston Drive by Brian E. Neff, P.E., dated 8-20-03 and revised 11-13-03." He answered the members' questions and explained the following: 1.The wetlands were re-flagged and the topography done. 2.The development area is the driest spot and the farthest possible site from the wetlands. All of the development is within the 100' review area. The tree line and limit of disturbance is shown on the above cited plan. 3.The drainage is directed away from the well and septic; a modified riprap spreader would be installed at the pipe outlets to disperse the water into a sheet flow before it goes back to the woods. An 8' deep, screened curtain drain would be installed to intercept water from above the septic and the driveway. 4.The existing grade is 15%. 5.Fill would be added to the leaching fields. Ms. Purnell expressed concern about this constrained lot and the probable expansion of development by subsequent owners and she stated her preference for a three bedroom house plan. Mr. Neff thought this four bedroom house plan is a standard house size and downsizing to a three bedroom house involves shortening the length of the three septic trenches but would probably keep the same house footprint. Mrs. Korzenko
Wadsworth con't:
asked about the difference in water usage. Mr. Neff said the calculation used estimates 150 gallons per day per bedroom.
MOTION: To APPROVE the application, IW-03-50, submitted by Burnley Wadsworth to construct a single family dwelling at 12 Winston Drive per the revised feasibility plan, "Subsurface Sewage Disposal System, 12 Winston Drive by Brian E. Neff, P.E., dated 8-20-03 and revised 11-13-03." By Mrs. Korzenko, seconded by Mr. La Muniere and passed 1-4.
(Motion to Approve - Application Denied)
Mrs. Hill, Mr. Bedini, Ms. Purnell, and Mrs. Korzenko voted nay as they think a three bedroom house on this constricted site would provide less impact to wetlands and watercourses.
Ms. Purnell pointed out that incremental impacts to wetlands and watercourses eventually reachs a threshold whereby downhill streams cannot handle the water flow. Mr. Neff stated his understanding that an application for a three bedroom house could be submitted at the next meeting.
Ficalora, IW-03-54, 10 Sunrise Lane, Construct Dwelling.
Arthur Howland, P.E., L.S., submitted revised feasibility plans, "Alternative "A", Proposed Sanitary Disposal System, Church Hill Corp. Lot 59A, Church Hill Road by Arthur H. Howland, L.S.& P.E., dated July 25-03 and revised 11-11-03" and "Proposed Sanitary Disposal System, Church Hill Corp. Lot 59A, Church Hill Road by Arthur H. Howland, L.S.& P.E., dated July 25, 2003 and revised 11-11-03." He answered the members' questions and explained the following: 1.As requested, he submitted alternative ways to handle the water on the property; water is now being discharged from a bordering property to the proposed house site; he proposes a riprap swale to channel this water to a very deep ditch on the south eastern boundary/corner of the property. 2.He proposes grading at the back of the house that would diffuse water into a sheet flow. 3.He proposes a riprap swale to direct water to a shallow ditch and a pipe under the driveway. 4. The footing drain, collecting surface water, would have a riprap spreader. 5.Mr. Ficalora has a right of way over Fiddlehead Lane for ingress and egress but he does not have a drainage easement. 6.The Health Dept. approved a septic for a four bedroom house. The house footprint including the garage is 30'x 70'. All of the proposed development is within the 100' review area. 7.The limit of disturbance and five wetlands flags are marked on the above cited map. The soil scientist thought the water would probably return to non-wetland soil. Ms. Purnell noted there would be 4,400 square feet of wetlands re-graded. Mrs. Hill noted the closeness of the proposed impervious driveway (2/3 or more of the house footprint) to the wetlands. Members expressed their preference for a three bedroom house on this constrained lot, which would result in a reduction of water usage, less digging in the 100' review area and less impact to the wetlands.
A three page letter was submitted from Pasquale and Adrienne Guiliano, 19 Winston Drive, dated 11-21-03 stating their concerns about the drainage situation. Mr. Ajello asked Mr. Guliano to address the water now flowing from his property onto Lot 59A; in this area all of the land slopes to the northeast and water is finding its way along their driveway. Mr. Howland will read and address the Guliano's letter.
Members agreed that further consideration of this application is needed. The Commission will make a Site Visit on December 3, 2003 at 9:00 a.m.
Mrs. Hill seated Mark Picton at 8:13 p.m.
Ficalora, IW-03-55, 10 Sunrise Lane, Construct Dwelling.
Arthur Howland, L.S., P.E., submitted a revised plan, "Proposed Sanitary Disposal System, Church Hill Corp. Lot 56A, Church Hill Road by Arthur H. Howland, L.S.& P.E., dated 8-6-03 and revised 11-17-03." Mr. Picton noted the submitted revisions and pointed out the existing grade is not steep.
MOTION: To APPROVE the application, IW-03-55, submitted by Anthony Ficalora to construct a single family dwelling at 10 Sunrise Lane per the revised plan, "Proposed Sanitary Disposal System Plan, Church Hill Corp. Lot 56A, Church Hill Road by Arthur H. Howland, L.S. & P.E., dated 8-6-03 and revised 11-17-03." By Mr. La Muniere, seconded by Mrs. Korzenko and passed 5-0.
Ms. Purnell noted the revisions were done per request, all development is outside the 100' review area, provisions were made to deal with the short term impacts of construction. She does no think there would be short term nor long term impacts.
Laverge, IW-03-62, 228 Bee Brook Road, Stream Crossing.
Atty. Robert Fisher answered the members questions and explained the following: 1.There is an existing bridge and shared driveway to her house. This application proposes a new bridge and two wetland crossings to access the other part of her property, already subdivided. One of her neighbors opposes letting a forth family use the driveway. 2.He envisions an alternative in which the existing bridge and a short part of the driveway is shared to a point where a separate driveway continues; this scenario would eliminate another bridge crossing Bee Brook and one of the two wetland crossings and a lot of cutting and filling; Ms. Laverge agrees to this alternative and he is willing to speak with the engineer to ask about the amounts of cutting and filling involved. The roadway over the bridge is considered a highway right of way and belongs to the State. Ms. Korzenko thought the width of the shared section of the driveway could be widened on the west side, the side owned by Ms. Laverge. Members agreed the alternative suggested would decrease the impacts to Bee Brook and other wetlands and they agreed Atty. Fisher could present this new approach to the neighbors with the Commission's favor and he could ask the engineer to modify his plans.
New Applications
Neuhaus, IW-03-64, 147 Kinney Hill Road, Drainage Installation.
Brian Neff, P.E., said this is a proposal to construct a swale parallel to the northern boundary to collect surface drainage run-off coming from a pipe on the bordering property, 145 Kinney Hill Road. He said this is a feasibility plan - the property is for sale. Mr. Bedini noted the driveway is proposed for construction on the north side of the property which has an existing 10-15% grade and he noted the swale would not be within the 100' review area. The Commission will make a Site Visit on December 3, 2003 at 9:45 a.m.
Bolek, IW-03-65, East Shore Road (June Road), Docks, Lake Wall, Retaining Wall, Deck.
Dorothy and Raymond Bolek and Ron George, P.E. were present. Mr. George answered the members' questions and explained the following: 1.A deteriorating concrete and wood deck, canti-levered over the lake, would be removed. 2.Two new plastic docks would be installed, one
Bolek con't:
for a boat and one for recreational use; the floating docks are lightweight and environmentally safe. 3.A wood deck would be constructed on top of a poured concrete pad. 4.A lake wall
would be constructed by placing 1 1/2 high x 4'wide concrete blocks on top of a stone base; the considerable weight of the blocks would keep the stone from moving. 5.A 4 1/2 high retaining wall would be constructed to contain any erosion. 6.To deal with the water run-off from Rt.45, grading would be done on the west side and stone put down. The steep drop between the road and the lake edge would be flattened per the retaining wall. The Commission will make a Site Visit on December 3, 2003 at 10:30 a.m.
Marcucio, IW-03-66, 45 Dark Entry Road, Construct Swale.
Laureen Marcucio answered the members' questions and explained that water goes over the driveway in the area where the driveway splits and creates icy conditions during the winter. She said that an armored riprap swale would be constructed and a culvert installed under the driveway with an open basin at one end; a detention basin exists at the other end and this would be cleaned out; hay bales and a silt fence would be used during construction. The Commission will make a Site Visit on December 3, 2003 at 11:15 a.m.
Gentile, IW-03-68, 38 Winston Drive, Construct Dwelling.
Karla Donnelly, Blaze Design - Building, answered the members questions and explained the following: 1.The property was purchased with a septic already installed and with an existing driveway. 2.Water comes across the road into a catch basin and directs water onto this property. 3.The Health Dept. approved a three bedroom house plan; the Health Dept. will not allow more bedrooms. Mr. Ajello said there is an existing 18" concrete pipe taking water from one wetland across the proposed house site to a wetland on the other side. Mrs. Korzenko requested the wetlands to be flagged. Mr. Picton thought it would be useful to look at the feasible house site on the original subdivision map. The Commission will make a Site Visit on December 3, 2003 at 8:45 a.m.
Pending Applications
Madoff, IW-02-42, 241 West Shore Road, After the Fact Fence/Revision to Permit.
Mr. Ajello said the fence was installed within the 100' review area. Members agreed to deny the revision request. Mr. Ajello will write a letter to Mrs. Madoff to request a new application be submitted.
MOTION: To DENY the revision to Permit, IW-02-42, submitted by Paula Madoff for an after the fact fence construction at 241 West Shore Road because of a lack of detailed information and specifically a map. By Ms. Purnell, seconded by Mr. Picton and passed 5-0.
Auchincloss, IW-03-57, 5 Kielwasser Road, Cut Trees and Brush, Stabilize Stream Banks, Planting.
Mr. Ajello reported that he approved the 30 trees marked for removal; a few elms and a few black cherry would remain. Members re-read the minutes from the last meeting, 11-12-03, and they read the E.O. Report. Mr. Ajello will call Mr. Bennett to tell him not to cut any trees
Auchincloss con't:
until the members visit the site. The Commission will make individual Site Visits before the next meeting.
Ms. Purnell noted today's Tuesday meeting equals thirteen days, not the fourteen required, post the last meeting, 11-12-03, so the Commission cannot vote on the applications received on 11-12-03.
Meyers, IW-03-58, 5 West Church Hill Road, Clean Silt Basin.
A work sequence and sketch, dated 11-13-03, and the $10.00 State fee were submitted. Mrs. Hill noted the existing catch basin is 12'x 6' not the 15'x 9' proposed now and material would be spread 41' north of the pond. Mr. Ajello will make a site inspection and report his findings at the next meeting, 12-10-03.
Meyers, IW-03-59, 5 West Church Hill Road, Re-build Stone Wall.
The $10.00 State fee was submitted. Members reviewed the sketch, "Robert Meyers, 5 West Church Hill Road, dated 11-5-03." The Commission will make individual Site Visits before the next meeting.
Katz, IW-03-67, 136 Nichols Hill Road, Repair Wall.
Mrs. Hill noted the agent authorization letter is missing a live signature; Ms. Moquin will call to request a signature and site plan/sketch. Mrs. Hill noted the wall proposed for repair, is a reflecting pond's retaining wall.
Administration
Mr. Bedini offered to work-up a system for listing citations sent for violations and follow-up procedures on his Excell data base program re Mark Picton's idea for a quick review list to help them keep track of the status of violations.
Enforcement Officer's Report - Actions Taken
Mr. Ajello reviewed his 11-25-03 report. Updates on Hildmann/34 Popple Swamp Road, Arciola/9 Dark Entry Road, Schwartz/West Shore Road, Finch/Mt. Tom Road, Lloyd/149 Whittlesey Road, Levy/Kady/129 Wykeham Road, Pearstine/36 Carmel Hill Road and Randall/53 River Road were included.
Enforcement
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mrs. Hill noted the requested as-built had not been submitted. Mr. Picton will talk to Atty. Michael Zizka about the possibility of using court action. Mrs. Hill thought Mr. Ross should have time to respond to the letter, dated 11-17-03, sent to him. Members agreed to discuss the situation at the next meeting on 12-10-03.
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Brown, IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill noted requests have not been submitted to date re both these violations.
Mrs. Korzenko thought the three longstanding violators, Beck IW-02-V1, Brown IW-02-V3 and Ross IW-02-V4, in fairness, should be treated the same.
Wertheiner, IW-03-V11, 106 Shearer Road, Logging Operation.
Mr. Ajello said the property has been sold and Richard Johnson remains in the position of property manager; Mr. Johnson promises to remove the bridge sections from the intermittent stream. Members agreed to take Wertheiner off the agenda but continue review it via the E.O.
Report.
Randall, 53 River Road.
Mr. Ajello reported another violation has taken place - a bulldozer was used in an area in or near wetlands and stabilization of the disturbed area has not been done to date. Mrs. Hill noted there is no confirmation of wetland soils present. Mr. Ajello said the work was done close to the stream. Mr. Ajello will send a letter of violation to Mr. Hank Randall.
Other Business
Montessori, IW-01-08, 240 Litchfield Tnpk., Construct School.
A letter, dated 11-15-03, from Alex Mc Naughton was submitted. Ms. Purnell and Mr. La Muniere will inspect the vernal pools and possibly request a stay in the removal of material, previously approved. Members agreed to the proposed water test if it is in addition to Randy Bernard's, Hydro-Technologies, Inc., water testing plan. Members discussed the pros and cons of Montessori's offer of money for an environmental cause in lieu of attempting creation of new vernal pools - one of the permit conditions. Ms. Purnell will ask Betsy Corrigan, Conservation Commission, to make a site visit with her to see if they can locate a viable site for a vernal pool. Mrs. Hill noted the Commission is not ready to release the $25, 000.00 bond until all issues are resolved.
Consideration of Minutes
The 10-22-03 Regular Meeting minutes were accepted as amended.
Page 1, under Leddy, Line7, delete "the 36" rail tops at the same height of the wall on the patio side"
under Leddy, Line 8, replace #3 with #4 and delete "152' curtain, delete parentheses
" " Line 10, replace #4 with #5 and delete "A drain next to the driveway
would be installed at a future date as well a water garden"
Page 2, under Washington Montessori, Line 6, delete "Water did not leave the property after the
storm events of this summer (2003)"
" " " Line 14, delete parentheses and add- which- after pools.
Page 3, under Ficalora, Line 4, spelling Myles and replace "an associate" with- soil scientist.
under Schwartz, Line 6, replace "systemic" with- cut-stem
" " , Line 8, add - in early autumn- after plants
Page 4, under Auchincloss, Line 6, delete "dead"
Regular Meeting - 10-22-03 con't:
Page 7, bottom, spelling Wertheimer.
MOTION: To ACCEPT the October 22, 2003 Regular Meeting minutes as amended. By
Mr. Picton, seconded by Ms. Purnell and passed 5-0.
The 11-12-03 Regular Meeting minutes were accepted as amended.
Page 1, under the first motion, add- Laverge IW-03-62 and Town of Washington, Fence- after
Business
before Pending Applications add- Mrs. Hill seated Ms. Purnell at 7:05 p.m.
Page 3, from the bottom up Line 8, replace "recommended the Commission" with- made a
motion to
MOTION: To ACCEPT the November 12, 2003 Regular Meeting minutes as amended. By Ms. Purnell, seconded by Mr. La Muniere and passed 4-0-1. Mr. Picton abstained as he did not read these minutes.
The 11-18-03 Special Meeting minutes for Laverge were accepted as written
MOTION: To ACCEPT the November 18, 2003 Special Meeting minutes for Laverge - IW-03- 62 as written. By Mrs. Hill, seconded by Mrs. Korzenko and passed 4-0-1. Ms. Purnell abstained as she did not attend this site inspection.
Other Business
IWC meeting's Calendar for 2004
Mrs. Hill said she checked the dates of meetings against a 2004 calendar; members authorized the IWC 2004 Calendar.
Sheinfeld, IW-02-61 ATF
Mrs. Hill noted Atty. Robert Fisher submitted the requested revisions on the map, "Site Analysis Plan, 112 Lower Church Hill Road by T. Michael Alex, L.L.S., dated July 1996 (circled penciled additions/corrections by G.Bender 12-5-03) Ms. Purnell reviewed the map and thought the limit of disturbance had been expanded in the pool area. Mrs. Hill will work with Atty. Fisher to complete an accurate map and she double-checked with the members re her authority to sign for the Commission when the mylar map and conservation easement are recorded with the Town Clerk.
MOTION: To ADJOURN the meeting. By Mrs. Korzenko.
FILED SUBJECT TO APPROVAL
Respectfully submitted, Katherine Moquin, Land Use Secretary
Dated December 8, 2003
November 12, 2003
MEMBERS PRESENT: Mrs. Gray, Mrs. Hill, Mr. La Muniere, Mr. Picton, Ms. Purnell
ALTERNATES PRESENT: Mr. Bedini, Mrs. Korzenko
ALTERNATE ABSENT: Mr. Weber
STAFF PRESENT: Mr. Ajello, Mrs. J. Hill, Mr. Solley
ALSO PRESENT: Mrs. Dyer, Ms. Matteo, Mr. Kleinberg, Mr. Howland, Mr. Sabin, Atty. Blum, Ms. Rhinehart, Mr. Armstrong, Ms. Small, Mr. Bennett, Residents, PressRegular Business
Mrs. Hill called the meeting to order at 7:00 p.m. and seated Members Gray, Hill, La Muniere, and Picton.
MOTION: To add subsequent business not already posted on the agenda. By Mrs. Gray, seconded by Mr. Picton, and passed 4-0. (Ms. Purnell was not yet seated.)
Pending Applications
Dyer/#IW-03-46/273 Sabbaday Lane/Replace Culverts
Mrs. Hill noted at the last meeting the information presented had not been complete and the green sheet of the application form had not been filled out. Mrs. Dyer explained two existing 6 ft. long, 8" culverts along the footpaths between the house and cottage would be replaced. She said no filling or additional trenching would be required and there would be no changes made to the paths. Considering the small scope of the job, Mrs. Hill asked that the contractor use a small tractor excavator. Mr. Ajello completed the green form.
MOTION: To approve the application, #IW-03-46, submitted by Mrs. Dyer to replace two culverts along the footpaths at 273 Sabbaday Lane with the condition that there be no disturbance to the existing soil other than at the actual site of each culvert. By Mr. Picton, seconded by Ms. Purnell, and passed 5-0.
Ficalora/#IW-03-54/13 Winston Drive/Single Family Dwelling
Mr. Howland, engineer, presented a site plan revised according to input from the 10/30 site inspection, "Proposed Sanitary Disposal System Plan Prepared for Church Hill Corp. Lot 59A," by Mr. Howland, revised to 11/11/03. The revisions included the addition of the location of the existing watercourse and of a proposed grass swale and the redirection of the curtain drain into the existing watercourse. Mrs. Hill noted the map had also been revised in August 2003 to show a four bedroom septic system and asked why this had been done as the system was so close to the wetlands. Mr. Howland said the owners proposed a four bedroom house. Mrs. Hill questioned why an A-2 map had not been submitted. Mr. Howland stated all the corners had been located as for an A-2, but on the Class D map submitted, the adjoining property owners had not been noted. There was a lengthy discussion about the drainage plans; including concentration and velocity of the runoff, whether the proposed swale should be rock lined, whether the water would channel to the sides of the lot, whether there was an acceptable way to respread the runoff over the hillside, etc. Mr. Howland did not recommend the swale be rip rapped because he said it was not steep. He also thought the best plan was to direct the water to the existing ditch where it would be kept away from the septic system and where there would be no problem with overflowing the banks. He noted there would be a flat swale along the driveway, which would flow to a new culvert at the bottom pending approval of the Board of Selectmen. It was the consensus the map should be revised to include a note that there be no clearing of vegetation beyond the limit of disturbance line, which should follow the wetlands boundary as closely as possible.
Ficalora/#IW-03-55/10 Sunrise Lane/Single Family Dwelling
Mr. Howland, engineer, reviewed the map, "Proposed Sanitary Disposal System Plan Prepared for Church Hill Corp. Lot 56A," by Mr. Howland, revised to 8/6/03 and said there had been no further revisions. Mr. La Muniere expressed his concern about the potential for scouring at the outlet of the footing drain. Mr. Picton noted it was good that the drainage had been routed around the house and septic area and asked that a grassed swale to spread the flow at the outlet be shown on the plans. Mr. Howland will submit a revised map at the next meeting.
Levy-Kady/#IW-03-56 ATF/129 Wykeham Road/Deposition of Fill, Planting
Atty. Blum and Mr. Sabin, landscape architect, were present. Mrs. Hill noted at the last meeting she had asked the Commissioners to put their thoughts in writing and that all had read Atty. Blum's 10/30/03 letter. It was noted the application was for the work already done and the planting of a few additional trees. Mr. Picton submitted a copy of the USDA soils map and pointed out a 150 ft. wide wetland band running through the property mostly on the east side of the stream where most of the filling had been done. Atty. Blum said the Regulations state this map may not be accurate, but Mr. Picton countered it was a good indication there were wetlands in this area. Atty. Blum did not dispute the area was filled, but did dispute the Commission's contention that there were wetlands in the area where the fill was deposited. Mr. Sabin said the wetlands had recently been flagged and it had been determined there were none in the fill area. He referred to the map, "Site Analysis Plan," by Mr. Alex, dated September 2003, pointed out the location of existing trees in upland soil, and noted although there is a wetlands system on the property, it narrows down in the vicinity of the road crossing. He also stated less than 10 cubic yards of fill had been deposited. Mr. Picton outlined the issues/questions he thought should be considered by the Commission prior to action on the application. 1) Is there the potential for an adverse impact on protected resources? He thought there was an impact to the wetlands corridor as that resource had been replaced with another soil type. 2) Were there feasible and prudent alternatives? He thought there were as screening from Wykeham Road could have been accomplished without the deposition of fill. 3) In the case of an after the fact application, would the Commission have approved the proposed activity were it not after the fact? He thought the planting would have been permitted, but not the deposition of material. 4) Is mitigation proposed to offset the damage done? He noted no mitigation was proposed. 5) Would restoration work, if so ordered, cause more damage to the wetlands. He noted this was a subjective question, but thought it was not unreasonable to require this area to be restored. He also pointed out that the Commission had ordered other property owners to remove fill from wetlands and it would be unfair to those people to adhere to lesser standards in this case. When Atty. Blum objected and said again the fill had not been placed in wetlands, Ms. Purnell and Mr. Picton responded that core samples had not been taken and as the USGS map indicated it was wetlands, Atty. Blum could not prove it was not. Mrs. Korzenko noted the Commission's charge is to protect wetlands and watercourses through compliance with the Regulations, which would include enforcement actions when violations occur. Atty. Blum said there had been no violation as landscaping is permitted by right. The Commissioners noted the owner had not applied for an exemption. Atty. Blum stated "filling" had not been described in the Regulations and therefore, the regulation was not logical and had no meaning. Ms. Purnell agreed with Mr. Picton and said it was unlikely the Commission would have permitted filling in a wetland or in the area immediately adjacent to the wetland if the activity had been applied for. Mr. Sabin made the following points. 1) The USDA map is a guide only. Wetlands are determined by soil type and a soil scientist had determined the area was not wetlands. 2) There was an assertion at a previous meeting that the trees had been planted on Town property. This is not true. 3) There was also a statement that the property owner was a repeat offender. This was not true. 4) The area in question is located at the edge of a road with a long history of impact. While there may have been impact to the regulated area (not to the wetlands), it was insignificant and so restoration was not warranted. Mr. Picton recommended the Commission deny the application on the basis that it does not permit fill to be deposited in a wetlands or adjacent to a wetland and to follow up with an enforcement letter requiring the fill to be removed down to the original surface within 25 feet of the east side of the stream. He thought this work could be completed in a day and that the new trees could then be planted at the original grade. Atty. Blum submitted a written withdrawal of the application and asked the Commission to be specific regarding any restoration it would require. Mr. Picton advised the attorney that if the owner did not respond to the satisfaction of the Commission, a notice would be filed on the Town Land Records. It was noted enforcement would be discussed later in the meeting.
Auchincloss/#IW-03-57/5 Kielwasser Road/Clearing, Streambank Stabilization, Planting
Mr. Bennett, landscape architect, was present. Mr. Picton's 10/30/03 site inspection report was circulated. Mr. Bennett explained the trees were diseased and the owner had been clearing out the dead ones each year and had put in some replacement plants to serve as screening. He said the dead trees and limbs were hazards to both the driveway and the Town road and that he did not think a permit was required to clear out dead wood. Ms. Purnell stated any activity that alters the indigenous character of the wetlands is a regulated activity. Mr. La Muniere noted the planting and activity already completed and said the Commission would guard against further destruction of the canopy. The "Map for Site Work at the Strachan Property," by Kent Horticultural Svcs., no date, depicting the proposed work areas in color on an A-2 map was reviewed. Mr. Bennett proposed to remove 52 of approximately 250 trees so there would be a one time disturbance and read his 10/20/03 letter submitted at the last meeting. This letter described all the work proposed including work along the stream bank. The following concerns were raised: 1) Ms. Purnell about the disturbance that would be caused by pulling out the root systems of invasive species, 2) Mrs. Korzenko about the possibility of cutting healthy trees, and 3) Mr. Picton about taking down the canopy as that would change what would grow below. Mr. Bennett thought adequate canopy would remain and offered to mark the trees to be cut. Mr. Picton advised him only invasives should be cut and should be cut individually with hand held equipment and that the area should not be converted to lawn as had been done elsewhere on the property. The proposed stream bank stabilization was discussed, but it was noted there were no specifications submitted regarding how this would be accomplished. The Commissioners will reinspect the site on their own and Mr. Bennett will submit additional information on the bank stabilization for the next meeting.
New Applications
Town of Washington/#IW-03-60/Tinker Hill Road/Install Culverts, Repair Road
Selectman Solley was present on behalf of the Town. Mrs. Hill read both the 11/7 and 11/10/03 letters from Mrs. Luckey, which briefly described the proposed work. Mr. Solley said the five existing culverts would be replaced and approximately 1600 feet of the gravel base of the road repaired and asked that an emergency approval be granted. Mr. La Muniere noted the culverts would concentrate the runoff and increase the velocity of the flow and so said the water must be spread out at the discharge points. Mrs. Hill read the 11/12/03 letter from Mr. Kleinberg, who urged a thorough review of the application due to the sensitive environment in this area, the alleged adverse impact caused by the work already completed, and the legal ramifications of the work proposed. Mrs. Hill noted Tinker Hill Road had not been discontinued at the 11/12/03 Town Meeting and issues pertaining to the discontinuance were not under the Commission's jurisdiction. Mr. Picton thought the work proposed was more than routine maintenance. Mr. La Muniere suggested the Commission reinspect the site as there were "extreme" conditions there, much erosion had already occurred, and no engineering report had been submitted. Mr. Solley noted the Board of Selectmen and road foreman had given Mrs. Rhinehart and her contractor approval to begin work so it could be completed before winter. Mrs. Rhinehart spoke of her need to access her property from Tinker Hill Road due to the unacceptable conditions on Perkins Road. Ms. Matteo, adjoining property owner, did not agree this merited emergency action, thought the work to be done might impact the road's use as a greenway, and feared the change in the drainage due to the culvert work would impact her septic system, which is located next to Tinker Hill Road. She thought a site plan and engineer's report should be required. Mr. Ajello noted at least one of the new pipes, #2, was causing a drainage problem and was cutting a new channel through the area. Mr. Picton noted the Commission must protect the downhill properties and had many questions regarding the drainage. Mrs. Hill asked for an engineered plan, but Mr. Solley said it would be Mrs. Rhinehart's responsibility, not the Town's, to submit it. There was a brief discussion about whether a public hearing was warranted, but it was the consensus this decision could not be made prior to the receipt of a detailed engineer's plan, which would include information on bank stabilization, size of rip rap, culvert sizes, watershed calculations, peak flow rates, proposed grades, etc. Mrs. Hill advised the adjoining property owners that if a public hearing were scheduled, they would be notified.
Other Business
Armstrong/72 Mygatt Road/Request for Transfer of Permit #IW-99-16 and Revision of Permit
Mr. Armstrong was present. Mrs. Hill read the 11/5/03 letter, which requested the transfer of the permit to Mr. Armstrong and Ms. Small and proposed to move the garage to ground level at the side of the house to avoid an 8 ft. cut into the site. Mr. Armstrong said this change would decrease the potential for erosion problems and would assure proper drainage of the driveway. The map, "Subsurface Sewage Disposal System," by Mr. Neff, revised to 11/4/03 was reviewed and compared to the original map dated 11/1/98. It was noted the proposed change to the footprint would bring the garage 12 feet closer to the wetlands on both sides of the house. Drainage on the property was reviewed. Mr. Picton noted the contour lines were shown at the same elevation on both maps and that the limit of clearing would not change due to the relocation of the garage. It was the consensus the revision was relatively minor as it would not require a change in elevation. Mr. Picton asked that the parking area/back up distance out of the garage come no closer to the wetlands and Mr. Armstrong agreed to maintain the setback as shown on the map.
MOTION: To approve the transfer of permit #IW-99-16 for construction of a single family dwelling at 72 Mygatt Road to Mr. Armstrong and Ms. Small and their request to revise the permit to relocate the garage; setback from the wetlands not to be any closer than 12 feet on either side of the building as shown on the map, "Subsurface Sewage Disposal System," by Mr. Neff, revised to 11/4/03. By Ms. Purnell, seconded by Mrs. Gray, and passed 5-0.
New Application
LaVerge/#IW-03-62/228 Bee Brook Road/Stream Crossing
Mrs. LaVerge was present. Mrs. Hill read the 11/7/03 letter submitted with the application. Mrs. LaVerge noted the Commission had granted a permit for the crossing ten years ago, but it had since expired. While she was submitting the same plans with the current application, she said she understood they were now ten years old and was willing to be flexible with the design. Ms. Purnell noted that best management practices for erosion and sedimentation control have changed over the last ten years. Various maps by CCA, Mr. Alex, and Mr. Neff were briefly reviewed. Mr. Picton noted the bridge with concrete abutments was proposed at the wetlands' narrowest point, but that slope stabilization and erosion in non wetlands areas were issues. Mrs. Korzenko asked for a letter from CCA that the original plans submitted meet the new erosion control standards and Mrs. LaVerge agreed to contact the engineers. A site inspection was scheduled for Tuesday, November 18, 2003 at 9:00 a.m. It was thought the Commissioners might have additional questions for the engineers once they had inspected the property.
Pending Applications
Madoff/#IW-02-42/241 West Shore Road/Revision of Permit
Mrs. Hill noted Mrs. Madoff had been sent a letter on 11/5/03 requesting additional information, but that she had not yet responded.
Wadsworth/#IW-03-50/12 Winston Drive/Single Family Dwelling
Mrs. Hill noted the Commission was waiting for information from Mr. Neff, engineer, and that there was only one more meeting within the 65 day time limit. Mr. Ajello was asked to contact Mr. Neff.
Wilson-Marbledale Pub/#IW-03-53 ATF/258 New Milford Turnpike/Septic Repair
Mrs. Hill noted the application had been received at the last meeting, the repairs were required by the Health Department, and the work had already been completed. The system is located under the parking lot.
MOTION: To approve the application, #IW-03-53 ATF, submitted by Ms. Wilson to repair the Marbledale Pub septic system at 258 New Milford Turnpike. By Ms. Purnell, seconded by Mr. Picton, and passed 5-0.
New Applications
Meyers/#IW-03-58/5 West Church Hill Road/Clean Silt Basin
Meyers/#IW-03-59/5 West Church Hill Road/Rebuild Stone Wall
It was noted an additional $20 was due for fees and that neither application included a completed "green form." Also, while copies of the 1998 approvals were included, no plans had been submitted. Mr. Ajello was asked to call Mr. Meyers to request a site plan and construction sequence. It was decided to wait for this information before scheduling a site inspection.
Town of Washington/#IW-03-63/59 East Shore Road/Install Fence
Mrs. Hill reviewed the application and hand drawn site plan for a 45 ft. long fence with gate to be located approximately 68 feet from Lake Waramaug. It was thought there would be no impact to the wetlands.
Enforcement
Beck/#IW-02-V1/132 Calhoun Street/Cutting, Clearing in Wetlands
Mr. Ajello contacted Mrs. Beck who reported the invasives would be cut as soon as a qualified person is found to identify them. Mr. Beck was out of town, but will call Mr. Ajello when he returns.
Brown-Longview Landing, Inc./#IW-02-V3/96 Romford Road/Dam Failure
Mrs. Hill read the 10/24/03 and 10/27/03 letters explaining the reasons for the delay in submitting the additional documentation required by the Commission.
Ross/#IW-02-V4/10 Sunny Ridge Road/Wetlands Restoration
Mr. Ross had telephoned the office on 11/3 to report that he was not sure if he would be able to attend the 11/12 meeting and he had not yet received the revised plans from his engineer. It was the consensus that the original enforcement order remains in effect and that Mr. Ajello should write a strong letter to Mr. Ross to advise him that there is a deadline for completing the remediation work required by the Commission and that if this work is not completed to the satisfaction of the Commission, further steps will be taken to compel compliance.
Boies/#IW-03-V7/27 Cook Street/Illegal Deposition, Erosion
Mrs. Hill noted this item had been resolved and could be taken off the agenda.
Levy-Kady/#IW-03-V6/129 Wykeham Road/Deposition In and Near Wetlands
It was the consensus a letter would be sent to the owners that 1) the original enforcement order remains in effect and 2) all the fill placed within 25 feet of the east side of the stream must be removed down to the previous grade. Ms. Purnell thought material deposited on the opposite side should also be removed, but Mrs. Hill pointed out there was no file and no enforcement report on that activity. The letter will also inform the owners they must apply for either an exemption or a permit if they wish to do any other work in this area. Mr. Picton will draft a letter and get it to Mr. Ajello to mail.
Wertheimer/#IW-03-V11/106 Shearer Road/Logging Operation
Mr. Ajello had not yet contacted the caretaker, Mr. Johnson, as requested.
Enforcement Report
Mr. Ajello reviewed his 11/12/03 report. Updates on Fraley/Popple Swamp Road, Guliano/Winston Drive, Hildeman/Popple Swamp Road, Lloyd/Whittlesey Road, Randall/53 River Road, and Miller/Nettleton Hollow Road were included. He also noted he had approved applications submitted by Boies/27 Cook Street for a garage and Hammerstein/27 Scofield Hill Road for a fence.
Administration
Mr. La Muniere announced there would be a seminar on water problems in NW Ct. on Thursday, 11/13 at St. John's parish hall. Speakers from Rivers Alliance and the HVA would be participating.
Those interested in attending were reminded about the annual CACIWAC meeting on 11/15.
Ms. Purnell noted she had spoken with Mr. Martin, Zoning Chairman, and Mr. Canavaro, road foreman, regarding stormwater regulations. She was concerned about runoff being diverted from town roads and from one private property to another and thought this was a continual problem. Mrs. J. Hill noted the Zoning Commission would soon resume work on updating Section 14 of the Zoning Regulations, which would include provisions for managing stormwater runoff.
Mr. La Muniere noted the importance of preserving water quality is stressed in the Plan of Conservation and Development. He asked who was responsible for the testing. Mrs. J. Hill said the 1993 Plan recommended the Conservation Commission be responsible for monitoring water quality, but as far as she knew this had not been done. Ms. Purnell said WEC does limited testing. It was thought WEC and the Conservation Commission should work together to monitor water quality.
Mrs. Hill noted Mrs. Luckey had sent letters to Mrs. D. Hill, Mr. Picton, and Mr. Ajello authorizing them to issue citations under the new fine ordinance.
It was noted all the Commissioners had received the letter from Mrs. Friedman concerning the fine ordinance and the ongoing enforcement efforts by the Wetlands Commission.
Other Business
Sheinfeld/110 Lower Church Hill Road/Conservation Easement
Mrs. Hill said she had received a proposed conservation easement, but that it did not include schedule A on which it was based. She will contact Mr. Sheinfeld to discuss this matter. It was noted both the Wetlands Commission and the Planning Commission must approve the revised mylar before it is filed on the Land Records.
Consideration of the Minutes
The 10/30/03 Site Inspection minutes for both Ficalora applications were accepted as corrected. The spelling of Ficalora was corrected in each and it was noted Mark Picton was spelled with a k not a c.
MOTION: To accept the 10/30/03 Special Meeting minutes for Ficalora - #IW-03-54, Ficalora - #IW-03-55, and Auchincloss - #IW-03-57 as corrected. By Mrs. Hill, seconded by Mr. Picton, and passed 5-0.
MOTION: To adjourn the meeting. By Mrs. Gray.
Mrs. Hill adjourned the meeting at 11:59 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
October 22, 2003
MEMBERS PRESENT: Mark Picton, Helen Gray, Dorothy Hill, Charles LaMuniere.
MEMBERS ABSENT: Marguerite Purnell.
ALTERNATES PRESENT: Candace Korzenko, Anthony Bedini at 7:26 p.m.
ALTERNATES ABSENT: Robert Weber.
STAFF PRESENT: Michael Ajello, Katherine Moquin.
ALSO PRESENT: Barbara Leddy, Robert Leddy, Alex Mc Naughton, Arthur Howland, Thomas Lappala, Dirk Sabin, Atty. Leonard Blum, Bruce Bennett, Atty. Maryjo Andrews, Curtiss Smith.Regular Business
Mark Picton called the meeting to order at 7:02 p.m. and seated Members Mark Picton, Helen Gray, Dorothy Hill, Charles LaMuniere and Candace Korzenko for Marguerite Purnell.
Pending Applications
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Barbara and Robert Leddy were present and submitted seven pages of plans, "Barbara and Robert P. Leddy, 82 Baldwin Hill Rd., Remove Existing Deck & Construct Patio, dated 10-22-03." They answered the members' questions and explained the following: 1.The existing deck is 83' from the pond and the proposed patio would be 75' from the pond. 2.The plans show the silt fence at about 33' from the pond; the silt fence would be the limit of disturbance. 3.The height of the terrace wall is 8' on one end and 6' feet on the other end; the 36" rail tops at the same height of the wall on the patio side. The patio is a few steps down from the house. 3.A 152' curtain drain (pipe with 1& 1/4 " washed stone) was hand dug this summer (2003) and water now filters across the lawn to the brook. 4. No fill is going to be added below the patio wall. 5.A drain next to the driveway would be installed at a future date as well as a water garden.
Anthony Bedini joined the meeting at 7:26 p.m.
MOTION: To APPROVE the application Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House / Enlarge Patio per page three of the plans submitted tonight, "Barbara and Robert P. Leddy, 82 Baldwin Hill Rd., Remove Existing Deck & Construct Slate Patio, dated 10-22-03" and with the following conditions: 1.No fill is to be added to the area below the terrace wall. 2.The distance between the existing pond and the silt fence is to be at least 30' (thirty feet.) 3.The silt fence is to be the limit of disturbance. By Mrs. Korzenko, seconded by Mrs. Gray and passed 5-0.
Motion to Add Business Not on the Agenda
MOTION: To ADD Strachan, IW-03-57 to the Agenda under New Applications. By Mrs. Hill, seconded by Mrs. Korzenko and passed 5-0.
Pending Applications
Washington Montessori School, IW-01-08, 240 Litchfield Tnpk., Construct School.
Alex Mc Naughton, Secretary/Treasurer, was present and submitted a report by Randy Bernard, Hydro Technologies, Inc., dated August 21, 2003 and results from testing the water quality on May 1, 2003, and a proposed planting plan for the two detention basins by Jodi Chase, Ecologist, dated October 6, 2003. He answered the members' questions and explained the following: 1.A biannual schedule of water quality monitoring is proposed and the results would be submitted to the Commission. 2.Water did not leave the property after the storm events of this summer (2003); one retention pond filled and flowed into the other retention pond which has not overflowed to date; both retention ponds stay wet and range from 0-1' of water continuously. 3.The area below the athletic field is stable now with matting installed to hold the turf. 4.The school driveway went through a vernal pool and the school agreed to remediate by creating two vernal pools. He consulted Hank Gruner, Science Center of CT., who, ethically, does not believe in remediation and does not participate in this type of work. He also consulted Dr. Michael Klemens, Herpetologist, who said that it sounds like gravel vernal pools (only support elastic amphibians) would be created and he said that this is not the time of year to build a vernal pool and furthermore he is not interested in overseeing the construction of two gravel vernal pools. He also consulted Sean Hayden who said that he is not qualified and not interested. He suggested other alternatives to creating vernal pools, i.e. a gift to the Washington Conservation Commission. 5.He proposed hand digging the silt out of the existing vernal pools and putting it into 5 gallon buckets and taking it off the property. 6.According to Jodie Chase, Ecologist, the wet detention basins will not support the plant life proposed in the original planting plan. A dense shrub community to encourage wildlife is now proposed for planting around the detention basins.
Members agreed with the proposed water quality monitoring schedule, agreed that the existing vernal pools could be cleaned out now, by hand, down to the old leaf level, agreed that the proposed planting for the detention basins is a good one and won't interfere with cleaning out the basins, agreed that the restored slopes below the athletic field needs to be inspected next July (2004) and agreed that the remediation for the lost vernal pool cannot be resolved until next Spring (2004.)
Members requested the following: 1.Someone who is on site everyday be assigned the responsibility of checking for any negative effects from storm water. 2.The swale at the bottom of the athletic filed is to be cleaned out on a regular basis so that it functions well. 3.A copy of the notes from the experts Mr. Mc Naughton consulted re this meeting be submitted.
Mr. Mc Naughton said that he will assign Eric Havermill, Facilities Co-ordinatior, the task of monitoring storm water effects, submitting a report at the same time as the water quality report and he will err on the side of not cleaning it out enough' when he digs the silt out of the existing vernal pools.
MOTION: To APPROVE the following Activities for the Permit Washington Montessori School, IW-01-08, 240 Litchfield Tnpk., Construct School: 1.The two existing vernal pools are to be cleaned out by hand to the level of the leaf layer at most. 2.Surface water quality monitoring is to be conducted according to the recommendations by Randy Bernard, Hydro Technologies, Inc. 3.Silt Fencing is to be removed under the
guidance of Michael Ajello, Enforcement Officer. By Mrs. Hill, seconded by Mrs. Gray and passed 5-0.
New Applications
Ficalora, IW-03-54, Winston Drive, Construct Drive.
Arthur Howland, P.E., was present. He answered the members' questions and explained the following: 1.This 2.88 acre lot and the one on Sunrise Lane (road not built yet) are contiguous and from the same sub-division. 2.The wetlands are flagged and the test holes dug (an application has been submitted to the Health Dept.) 2. He found a suitable location for the septic and then fit the house site to it. The feasibility house plan calls for four bedrooms. 3.All of the house site is within the 100' upland review area; the sub-division was created before a wetlands commission was formed; he weighed the pros and cons of a better site for the leaching fields against the benefit of distance from the wetlands.
Ficalora, IW-03-55, Sunrise Lane, Construct Dwelling.
Arthur Howland, P.E., was present. He answered the members' questions and explained the following: 1.This 2.88 acre lot has a high water table. 2.The house site including the septic reserve is outside the 100' upland review area except for the discharge footing drain. 3.Spencer Miles, an associate, flagged the wetlands.
Mark Picton requested that the silt fence be the limit of disturbance and that the plans show the tree line as the limit of clearing.
The Commission will make a Site Visit on Thursday, October 30, 2003 at 9:00 a.m. for both IW-03-54 and IW-03-55.
Mr. Howland will make sure the wetland flags are readable and he will stake the proposed driveway.
Schwartz, IW-03-52, 173 West Shore Road, Remove Invasives.
Thomas Lappala, Arbor Services of CT., was present. He answered the members' questions and explained the following: 1.He would spray the herbicide in August 2004 and again six weeks later and then plant New England wet mix seeds. 2.He is licensed as an Aborist but he would be under William Pollack's Turf license. 3.The herbicide, Prosecutor binds with soil particles, even muddy water soil particles; once Presecutor is diluted in water (preparation) it is not highly toxic to any plants. 4.The systemic application method is not on the label of Prosecutor and therefore cannot be used.
5. Herbicides need to be applied to mature plants so that it is guided to the roots in the way that plants guide the nutrients of their flowers to the roots.
Mr. Bedini consulted D.E.P. about removing invasives from a site next to a lake, with a stream running through it; the D.E.P. had no problem with spraying an
Schwartz con't:
herbicide on such a site and recommended two applications during early Autumn while leaves are still green and not starting to turn brown.
Mr. LaMuniere said that cutting invasives doesn't work if even a small amount of rhizome is left. He said the Commission can review the situation next summer 2004 to be sure that conditions are dry and water is not flowing.
Mrs. Gray is against cutting the invasives unless the seeds can be bagged.
MOTION: To APPROVE the application Schwartz, IW-03-52, 173 West Shore Road, Remove Invasives with the following conditions: 1.A licensed professional is to be present during the spraying of the stand of phragmites. 2.No substitution is to be used for the herbicide Prosecutor. 3.Before spraying commences, the Inland Wetlands Commission is to be contacted to arrange a Site Visit. By Mrs. Korzenko, seconded by Mr. LaMuniere and passed 4-0-1. Mrs. Hill abstained as she did not visit the site.
Levy, IW-03-56 ATF, 129 Wykeham Road, Stone Wall/Fill/Plantings.
Dirk Sabin, Landscape Architect, and Atty. Leonard Blum were present. Mr. Sabin submitted a map/survey, "Site Analysis Plan, Caroline A. Levy, 129 Wykeham Road by T. Michael Alex, L.S., dated September, 2003" which shows the wetland line flagged. Mr. Sabin answered the members' questions and explained the following: 1.An existing stone wall goes through the stream. 2.The amount of fill added is minor, probably 10 cubic yards; he doesn't think that fill was placed in the wetlands. 3.The hemlocks create a buffer from the road and Mrs. Levy would like to add more hemlocks. 4.The area is stable now/ no erosion is present; he observed a rocky stream bottom. 5.Removing the hemlocks would not serve a purpose and he sees a benefit to having a buffer between the road and the wetlands.
Atty. Leonard Blum does not think a punitive action is called for as there is no evidence of fill in the wetlands; he feels there is an innate bias here because of the violation and it is not justified; he quoted the Inland Wetlands and Watercourses Regulation 4.1 D and said this deposition of material was not significant.
Members pointed out the following: 1.Our job is to protect the wetlands. 2.The applicant did not prove that the fill was placed outside the wetlands. 3.It is important to be fair to residents who follow the regulations and after-the-fact applications are the Commission's biggest problem. 4.There was a flagrant disregard for a direct order from the Chairman, Dorothy Hill to cease planting immediately; the applicant has taken a long time to resolve this violation. 5.There is a consensus that a permit would not have been given to these activities (planting and constructing a stone wall in wetlands) if an application had been submitted in the first place. 6.It would not be damaging to remove the hemlocks and it would be easy to remove them as burlap encloses their roots. 7.They are keeping the Enforcement Order in place and they are still asking for the wetland site to be restored.
Auchincloss, IW-03-57, 5 Kielwasser Road, Cut Trees and Brush/Stabilize Stream Banks/Planting.
Bruce Bennett, Kent Horticultural Service, was present and he pointed out that Margaret Auchincloss is the owner of this property. He answered the members' questions and
Auchincloss con't:
explained the following: 1.This estimated two acre area is wet with several water courses (draining off the road) running through it; the stream banks have been eroding through the years and stones from an existing stone wall would be used to armor them. 2.There are 54 dead trees including ash, elm and cherry; the stumps would remain and a ground cover of aggressive species, including hay-scented fern, planted. Some Red Maples and Sugar Maples would remain. 3.A track machine (with cables) would be used
Auchincloss con't:
to pull out the dead trees (chained into bundles); a skidder would not be used. 4.Where all the streams converge is a trench caused by erosion and it is filled with invasives which would be cleared. 5.In the future, an evergreen screen would be planted. 6.He has maps and soil types which he will bring to the next meeting. He will mark the trees in question.
The Commission will make a Site Visit on Thursday, October 30, 2003 at 10:15 a.m.
Old Business
The Gunnery, IW-00-63, 22 South Street, Construct Driveway.
Atty. Mary Joe Andrews and Curtiss Smith, Bradford Smith & Son, were present. Atty. Andrews said that she represents the school and is here to see about what happens procedurally.
Mr. Picton and Michael Ajello, E.O., visited the site and were concerned about water being directed along the driveway instead of flowing normally from one wetland to another.
Mr. Smith answered the members' questions and explained the following: 1.He spoke to Marc Beroz, Soil Scientist, who felt that he conservatively mapped these wetlands soils and found only one narrow water course from surface water. 2.He contacted Dudley Ashwood, P.E., who designed the driveway with a pitch high to low - his concept was to allow the surface water to sheet flow across the driveway in its natural direction; paving the driveway became part of the plan because of the 10% grades present; they do not plan to use the driveway during the winter or to plow it; this design is environmentally friendly and does not channel the water.
Mr. Picton consulted Atty. Michael Zizka about this permit; he confirmed that the permit issued to build this driveway as submitted stands and that the statement "driveway to nowhere" is not at issue here; the site of the future soccer fields is not within the Commission's jurisdiction.
Mr. Picton directed Mr. Smith to come in with a revision if there is a problem with the water flow as designed.
Ms. Moquin, Land Use Secretary, will change the permit period from 4 years to 5 years as regulated and send a corrected permit and a letter to Susan Graham, Director, citing the obvious typing error.
Pending Applications
Morse Estate, IW-03-33, 313 Nettleton Hollow Road, Remodel House/Enlarge Patio.
Bob Oley, Land Tech Consultants, left a message that he did not receive Brian Neff's grading plans/ hydraulic calculations. Mr. Picton noted the application 65 day time extension was up.
MOTION: TO DENY the application Morse Estate, IW-03-33, 313 Nettleton Hollow Road, Construct Driveway, without prejudice due to incomplete information. By
Mrs. Hill, seconded by Mrs. Korzenko and passed 5-0.
Madoff, IW-02-42, 241 West Shore Road, Revision to Permit.
Mr. Picton noted that no new information had been submitted to date. Ms. Moquin, Land Use Secretary, will send a note to Mrs. Madoff requesting additional information.
Dyer, IW-03-46, 273 Sabbaday Lane, Re-place Culverts.
Natalie Dyer submitted a drawing and a work sequence description - members agreed that there are not enough details to review; Ms. Dyer is still waiting for material to submit from Pete Bennett.
Gutierrez, IW-03-49, 13 Dark Entry Road, Septic Repair.
Brian Neff , P.E., had submitted a revised plan, "Septic System Repair Plan, Mr. & Mrs. Luis Gutierrez Residence, 13 Dark Entry Road by Brian E. Neff, :.E., dated 9-18-03 and revised 10-09-03" and a copy of the letter he sent to Daudelin/Arciola, owners of the bordering property. The revised plan shows the septic moved and the water from the basement sump pump going into a catch basin and the curtain drain directing water to the swale on the bordering property.
Members noted that Brian Neff's revision essentially covered the Commission's requests; the septic system has failed and there are no prudent alternatives; water directed into the neighbor's swale would benefit the neighbor's property.
MOTION: To APPROVE the application Gutierrez, IW-03-49, 13 Dark Entry Road, Septic Repair per the plan, "Septic System Repair Plan, Mr. & Mrs. Luis Gutierrez Residence, 13 Dark Entry Road by Brian E. Neff, L.E., dated 9-18-03 and revised 10-9-03." By Mr. LaMuniere, seconded by Mrs. Korzenko and passed 5-0.
Wadsworth, IW-03-50, 12 Winston Drive, Construct Dwelling.
Mr. Picton noted that Brian Neff, P.E., agreed at the last meeting to add a flagged watercourse missing from the plan and revisit the design to show how the water would be effectively handled.
New Applications
Wilson/ Marbledale Pub, IW-03-53 ATF, 258 Litchfield Tnpk., Septic Repair.
Mr. Picton noted that the Commission can take action at the next meeting.
Laverge, IW-94-64, 226/228 Bee Brook Road, Construct Bridge, Driveway/ Wetlands Crossings - Extension of Permit.
Members agreed that too much time has elapsed to consider an extension for this five year permit which ended in 1999 and that the Inland Wetlands and Watercourses Regulation 11.10 allows a request for a permit extension to be filed no later than 35 days before the end of the time period; the $25.00 fee will be credited to a new application.
MOTION: To DENY the Request for an Extension of the Permit LaVerge, IW-94-64, 226/228 Bee Brook Road, Construct Bridge/Construct Driveway/ Wetlands Crossings. By Mrs. Korzenko, seconded by Mrs. Gray and passed 5-0.
Mayfair Properties, L.L.C., IW-03-36, Woodbury Road, Restoration Plan.
Mr. Trevenen had submitted a planting plan, "100' Wetland Set Back Planting Proposal, May Flower Inn, Washington, CT. by Tom Laford, dated 9-23-03." Members agreed to accept this plan.
MOTION: To APPROVE the Planting Plan for the Permit Mayfair Properties, L.L.C., IW-03-36, Woodbury Road, Restoration Planting Plan as submitted. By Mr. Picton, seconded by Mrs. Gray and passed 5-0.
Jepsen/Dore, IW-03-25, 144 East Shore Road, Revision - Construct Stairs.
Mr. Ajello reported that stone had been deposited with his permission and 6 x 6 pressure- treated stairs with stone in-between had been constructed - a good job was done where before there existed a slippery path.
MOTION: To APPROVE the Revision to the Permit Jepsen/Dore, IW-03-25, 144 East Shore Road, Construct Stairs as submitted. By Mrs. Hill, seconded by Mrs. Korzenko and passed 5-0.
Enforcement
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In and Near Wetlands.
Members discussed the pros and cons to ordering a restoration of the area in question and agreed to come to the next meeting with written notes expressing their opinions.
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mr. Picton and Mr. Ajello made a site visit and noted that there are spindly, undeveloped barberry and multi-flora rose growing on the site. Members agreed to review this again in one month.
Brown, IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill noted that the D.E.P. came to look at the dam and did not think they are interested but they will consult their boss.
Wertheiner, IW-03-V11, 106 Shearer Road, Logging Operation.
Mrs. Gray noted that the property was sold. Mr. Picton asked Mr. Ajello to write a letter to the new owner requesting the bridges left in the intermittent streams be removed.
Ross, IW-03-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mr. Picton noted the as-built has not been submitted and members discussed how to proceed in directing Mr. Ross to finish removing fill from the wetland as requested.
Administration
Members talked about the proposed revisions for the Zoning Regulations. Mr. Picton asked members to submit their comments in writing at the next meeting. Mrs. Korzenko noted this is a good chance to compare our regulations regards uniformity.
Old Business
Sheinfeld, IW-02-61 ATF, Record Mylar Map.
Mrs. Hill noted Mr. Sheinfeld has not recorded the mylar map with the Town Clerk to date.
Consideration of Minutes
Regular Meeting - September 24, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting on September 24, 2003 as amended. By Mrs. Korzenko, seconded by Mr. Picton and passed 2-0.
Site Inspections - September 30, 2003 re: Ross IW-03-45 and Gutierrez IW-03-49 and Wadsworth IW-03-50.
MOTION: To ACCEPT the Minutes of the Site Inspections on September 30, 2003 re: Ross IW-03-45 and Gutierrez IW-03 49 and Wadsworth IW-03-50 as written. By Mrs. Korzenko, seconded by Mr. Picton and passed 2-0.
Public Hearing re: Proposed Revisions to the Inland Wetlands and Watercourses Regulations - October 8, 2003.
MOTION: To ACCEPT the Minutes of the Public Hearing on October 8, 2003 as amended. By Mrs. Korzenko, seconded by Mr. Picton and passed 2-0.
Regular Meeting - October 8, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting on October 8, 2003 as amended. By Mrs. Korzenko, seconded by Mr. Picton and passed 2-0.
Site Inspections - October 14, 2003 re: Schwartz IW-03-52 and Lloyd IW-03-22.
MOTION: To ACCEPT the Minutes of the Site Inspections on October 14, 2003 re: Lloyd IW-03-22 and Schwartz IW-03-52 as amended. By Mr. Picton, seconded by
Mrs. Korzenko and passed 2-0.
MOTION: To adjourn the meeting. By Mrs. Korzenko.
Mr. Picton adjourned the meeting at 12:42 a.m. October 23, 2003.
FILED SUBJECT TO APPROVAL
Respectfully submitted, Katherine Moquin, Land Use Secretary
Respectfully submitted, filed subject to approval.
Katherine Moquin, Land Use Secretary
October 31, 2003
October 8, 2003
Members Present: Mark Picton, Charles LaMuniere, Marguerite Purnell at 6:53 p.m.
Members Absent: Helen Gray, Dorothy Hill.
Alternates Present: Anthony Bedini, Candace Korzenko, Robert Weber at 6:53 p.m.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Valerie Freedman.Mark Picton call the Public Hearing re: Proposed Revision to the Inland Wetlands and Watercourses Regulations to order at 6:46 p.m. on Wednesday, October 8, 2003. Members seated were Mark Picton, Charles LaMuniere, Candace Korzenko for Dorothy Hill and Anthony Bedini for Marguerite Purnell.
Mrs. Korzenko explained the revisions which include the fee schedule, dropping Conservation Commission from the title and putting the authority to collect fees for consultant services under their own governance per the advice of Atty. Michael Zizka because the Inland Wetlands Commission is empowered by the State, not the Town; the Zoning Commission and Zoning Board of Appeals Commission consultant fees are both governed by a Town Ordinance.
Mr. LaMuniere thought the introductory statement should state clearly that the applicant would bear the expense of consultant fees - as it reads now, the applicants responsibility for consultant fees appears father along in the text.
Marguerite Purnell was seated at 6:53 p.m. and Anthony Bedini was re-seated for Helen Gray. Robert Weber also joined the public hearing at 6:53 p.m.
Valerie Freedman, Resident, praised this revision, saying it is important for a Commission to be able to consult a professional different from the one hired by the applicant and she said that it is long overdue.
Members discussed changing the revision text and decided that it could be updated when revisions to the entire Inland Wetlands and Watercourses Regulations, which are now being developed , were presented to the public. Mrs. Korzenko assumes this revision takes effect immediately.
MOTION: To CLOSE the Public Hearing at 6:58 p.m. by Mrs. Korzenko, seconded by Ms. Purnell and passed 5-0.
Respectfully submitted, filed subject to approval,
Katherine Moquin
Land Use Secretary
October 15, 2003Members Present: Mark Picton, Charles LaMuniere, Marguerite Purnell.
Members Absent: Helen Gray, Dorothy Hill.
Alternates Present: Anthony Bedini, Candace Korzenko, Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Brian Neff, Thomas Lappala, James Strub.Mark Picton called the Regular Meeting to order at 7:03 p.m. on Wednesday, October 8, 2003. Members seated were Mark Picton, Charles LaMuniere, Marguerite Purnell, Candace Korzenko for Dorothy Hill and Anthony Bedini for Helen Gray.
MOTION: To ADD to the Agenda under Administration a vote on the Fee Schedule - Proposed Revision of the Inland Wetlands and Watercourses Regulations and under Administration a discussion of the State's New Time Lines for Land Use Applications and Public Hearings and under Administration a discussion of Storm Water Regulations/Issues and under New Applications Schwartz IW-03-52. By Mr. Picton, seconded by Mrs. Korzenko and passed 5-0.
Pending Applications
Morse Estate, IW-03-33, 313 Nettleton Hollow Road, Construct Driveway.
Brian Neff, P.E., was present and he said that he mailed his grading plan and hydraulic calculations to Land Tech Consultant 1 1/2 weeks ago.
Brown, IW-03-43, 125 Shearer Road, Construct Dwelling.
Brian Neff, P.E., was present and submitted a revision to the plan, "Soil Erosion and Sediment Control Plan, Brown Residence, 125 Shearer Road by Brian E. Neff, L.E., dated 7-28-03 and revised 10-6-03." He answered the member's questions and explained the following: 1.The house site was moved 20' to the east, adding extra clearance to the tree line. 2.The septic is a gravity flow system. 3.The pool house is 700-800 square feet. 4.The soil scientist examined soils within a few hundred feet of the building envelope - he did not find wetland soils in the area below the septic site until he was off the property.
Members noted that the applicant moved the house site as requested and the soil scientist did not identify wetland soils in the stream overflow area on the western edge of the house site.
MOTION: To APPROVE the application Brown, IW-03-43, 125 Shearer Road, Construct Dwelling per the drawing, "Soil Erosion and Sediment Control Plan, Brown Residence, 125 Shearer Road by Brian E. Neff, L.E., dated 7-28-03 and revised 10-6-03." By Ms. Purnell, seconded by Mr. LaMuniere and passed 5-0.
Gutierrez, IW-03-49, 13 Dark Entry Road, Septic Repair.
Brian Neff, P.E., was present. He answered the members questions and explained the following: Silt and clay soil is present in the septic area, so water does not percolate through but stays near the surface. The drainage is designed to collect water coming naturally out of the wetland and direct it around the septic to allow room for waste water to filter. The curtain drain on the west side ends at the boundary of the property and the pipe comes to the surface at the outlet - this water would then follow the same direction along the swale which is proposed for installation on the bordering property. Mr. Neff said that this drainage plan will help the property next door. The Health Dept. permit is pending; as septic repair is a necessity, the Health Dept. will issue a permit.
Mrs. Korzenko, Mr. Picton and Mr. Weber visited the site. Members discussed the difficult situation they find when dealing with subdivision lots which would not be approved building lots today because of extremely wet conditions but were approved years ago and they weighed any possible impact, from water proposed to be directed to the bordering property swale, to possible alternatives. Members asked Brian Neff to notify the neighboring owners, Daudelin/Arciola, of his proposed plan before the Commission acts on this application and if possible to obtain a drainage easement. Mr. Picton requested the catch basin location be moved 20' farther from the wetland and drainage water be re-directed to the swale from the exit-point now shown on the plans,
"Septic System Repair Plan, Mr. & Mrs. Luis Gutierrez Residence, 13 Dark Entry Road by Brian E. Neff, L.E., dated 9-18-03."
Mrs. Korzenko and Ms. Purnell requested a solution to accommodate water coming from the sump pump, possibly a vegetative filter installed at the outlet.
Wadsworth, IW-03-50, 12 Winston Drive, Construct Dwelling.
Brian Neff, P.E., was present. He said that a drainage easement for a neighboring property is in place. Candace Korzenko, Mark Picton and Robert Weber visited the site on 9-30-03; they noted that there is water (from the road and going in a north-easterly direction) running across the property in a number of places and one well defined channel that runs through the proposed septic area and they noted the wetlands are flagged. Mr. Picton requested a well thought out plan that shows how the wetlands and watercourses would not be impacted. Mr. Neff will do more research and make a site inspection.
Ms. Purnell noted that this is a feasibility plan for the purpose of selling the property.
Schwartz, IW-03-52, 173 West Shore Road, Remove Invasives.
Thomas Lappala, Arbor Services of CT., Inc., was present. He answered the member's questions and explained the following: 1.There are 8-10' tall phragmites growing in a 4000 square foot area; probably 40,000 plants in all, so a systemic application onto each individual plant would be an enormous job. Some ferns and sedges are also growing in this wet area; phragmites only grow in wet soil. 2.His proposal is to spay a round-up type herbicide material, Prosecutor, made by the Lesco Co.; he submitted a copy of the label and a sheet of technical information. He would not use a big dose - probably 8 oz. in 3 gallons of water from a back-pack. 3.The area is too wet for a brush hog to access; the stems could only be clipped because they are very tough. 4. Fall is the best time to spray.
Schwartz con't: He does not have a license from the State. Prosecutor would be bound by soil particles so there is only a minimal chance for it to reach the lake; he would not apply the herbicide when rain is due, otherwise it would not work.
Mr. Ajello understands that repeated applications are necessary.
Ms. Purnell pointed out that there is much more knowledge about invasives growing in coastal areas; she said the Nature Conservancy could muster 20 volunteers to work on a systemic application of the herbicide to a crop of invasives.
Mr. Bedini will call D.E.P. to ask for advice from their invasive species experts.
The Commission will make a Site Visit on Tuesday, October 14, 2003 at 9:00 a.m.
Old Business
The Gunnery, IW-00-63, 22 South Street, Construct Driveway.
James Strub, Law Clerk for Secor, Cassidy & McPartland,P.C., representing Michael and Marjorie Stern, 54 South Street (abutting neighbors of Gunnery School) was present. He submitted a letter, dated 10-8-03, from Atty. Gail E. McTaggart, which poses questions about the permit given to the school for a driveway to access athletic fields which are no longer part of the plan.
Members discussed the legitimacy of the permit; they agreed to pass the information to their attorney, Michael Zizka and then to ask Susan G. Graham, Head of The Gunnery, if any changes were made to the plans submitted for the permit. Members will look at the file individually and Mr. Picton will write a letter to Atty. Michael Zizka asking for advice. Mrs. Korzenko will draft a letter to Susan Graham. Ms. Purnell will talk to Dorothy Hill.
Pending Applications
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Mr. Picton noted that there is no new information to date; the application's 65 day extension ends on 11-2-03.
Madoff, IW-02-42, 241 West Shore Road, Fence-Revision to Permit.
Mr. Picton noted that a drawing and measurements need to be submitted.
Ross, IW-03-45, 10 Sunny Ridge Road, Re-build Stonewall.
Candace Korzenko, Mark Picton and Robert Weber made a Site Inspection on 9-30-03; the actual length of the stonewall is 212' not 250' as submitted. Members discussed the way to specify where the stonewall is to end and noted that they had the stone wall dimensions listed on the application.
MOTION: To APPROVE the application Ross, IW-03-45, 10 Sunny Ridge Road, Re-build Stonewall per the description on the application form and per the stone wall as shown and highlighted in red on the photo-copy section of the map, "Repair Stone Wall, dated 9-12-03" and with two conditions: 1. The southern end of the stonewall is to end at a distance no closer than 50' (fifty feet) from the marked wetland located south of the stone wall. 2. No change is to be done to the grade existing on the east side of the stone wall facing the recently restored wetland. By Mr. Picton, seconded by Ms. Purnell and passed 5-0.
Dyer, IW-03-46, 273 Sabbaday Lane, Re-place Culverts.
Mr. Picton noted that Natalie Dyer is waiting for Pete Bennett to submit more information.
Horace Mann School/John Dorr Nature Laboratory, IW-03-47, 220 Nettleton Hollow Road, Well / Waterline.
Mr. Ajello reported that the work had gone well.
MOTION: To APPROVE the application Horace Mann School, IW-03-47, 220 Nettleton Hollow Road, Install Well and Waterline as submitted. By Ms. Purnell, seconded by Mrs. Korzenko and passed 5-0.
Steep Rock Assoc., IW-03-48, Steep Rock Reservation/Tunnel Road, Cross Shepaug River.
Mr. Ajello reported that the crossing is actually located 100' downstream of the Hauser Bridge and it is clear that this is the same pathway used previously.
MOTION: To APPROVE the application Steep Rock Assoc., IW-03-48, Steep Rock Reservation/Tunnel Road, Cross Shepaug River as submitted and with one condition that the stability of the banks be reassessed at the end of the work and if necessary remediation/stability is to be conducted. By Ms. Purnell, seconded by Mr. Bedini and
Passed 5-0.
Ms. Purnell said that if the banks are armored after the crossings have ceased, then she does not see any long term impacts.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mr. Ajello reported that there was no communication from Mr. Beck.
Mrs. Korzenko noted that there had been a frost. Mr. Picton thought the best course for the Commission to take, would be to wait until Mr. Beck asked for the violation to be removed from the Land Record and at that time address his requirements. All agreed.
Brown, IW-02-V3, 96 Romford Road, Dam Failure.
A letter from Jodi Brown, dated 9-24-03, had been submitted; Mr. O'Sullivan, P.E. will produce the requested water shed analysis.
Mr. Ajello reported that stone had been deposited at the toe of the dam.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mr. Picton noted that Mr. Ross is expected to submit the requested as-built at the next meeting on October 22, 2003.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In and Near Wetlands.
A letter, dated 10-7-03, from Atty. Leonard Blum had been submitted; he said the requested information would be submitted for the October 22, 2003 meeting.
Mr. Picton cannot even imagine a legitimate purpose for filling a wetland.
Boies, IW-03-V7, 27 Cook Street, Deposition in Drainage Gorge, Erosion.
Mr. Ajello said that the riprap spreader, at the terminus of the drainage pipe and extending to the top of the gorge, is still to be installed; he appreciates Mr. Boies' ongoing cooperation.
Wertheiner, IW-03-V11, 106 Shearer Road, Logging Operation.
Mr. Ajello said there is no progress to report.
Montessori School, IW-01-08, 240 Litchfield Tnpk., Drainage Basins, Swale, Silt Fence, Vernal Pools.
Mr. Ajello instructed Mr. McNaughton to clean out the drainage swale and Mr. McNaughton put this task on highest priority. In re the vernal pools, Mr. McNaughton is waiting to hear from a specialist.
Enforcement Officer's Report and Actions Taken.
Hildmann, IW-03-15, 34 Popple Swamp Road, Revision to Permit.
Mr. Ajello said the pole barn cover over manure is shown on Brian Neff, P.E.'s approved plan.
Boies, IW-03-51 D, 27 Cook Street, Construct Pole Barn.
Mr. Ajello approved this DeMinimus application; the pole barn was constructed in the parking area and consists of six posts with enough room for one car.
Morrill, 88 Gunn Hill Road.
Mr. Ajello reported that the silt fences worked well during the construction period but the Town road crew recently flushed out road culverts with a fire truck hose and material washed onto the site. Ms. Morrill used stones to build a bigger and better spreader which will afford more protection.
Santoleri, 240 West Shore Road.
Mr. Ajello thought the impact to Dr. Holzworth's tree is extremely minor.
Deveraux-Glenholme School.
Mr. Fitzherbert, Director, hired Chris Allen of Land Tech Consultants to prepare an application.
Lloyd, IW-03-22, 149 Whittlesey Road.
Mr. Ajello submitted pictures and reported that work is done along the banks of the Shepaug River and stones placed under the deck; work is starting along the banks of the Bantam River. After looking at the pictures, members want to see the work in person.
The Commission will make a Site Visit on Tuesday, October 14, 2003 at 9:30 p.m.
Consideration of Minutes
Members decided to review the minutes at the next meeting.
Pond, 153 West Shore Road.
Mr. Ajello submitted pictures.
DePecol, 252 Bee Brook Road.
Mr. Ajello submitted pictures and he described how the bridge was being constructed.
Kauff, 82 Old Litchfield Road.
Mr. Ajello reported that it looked like the recent heavy rain blew the dam out; he recommended a natural wetland habitat, downstream of the dam, be left untouched.
Administration
Revisions to the Zoning Regulations
Members will review the proposed revisions and write down possible changes and discuss what the Commission will recommend at the next meeting.
Revision to the Inland Wetlands and Watercourses Regulations
MOTION: To APPROVE the Revision to a portion of the Inland Wetlands and Watercourses Regulations re: Fee Schedule as presented at the Public Hearing tonight. By Mrs. Korzenko, seconded by Mr. Bedini and passed 5-0.
New Revision of the State Regulations
Members discussed the effect of this revision to their application process. Mr. Bedini will contact the State Attorney General's office to ask about the timing in the acceptance of applications.
Storm Water Issues/Discharge
Ms. Purnell asked the members to schedule a get-together with the Zoning Commission and Town Road Crew to discuss ideas and proposals to deal with storm water situations. Members agreed that a smaller committee would be the best format for discussion purposes. Ms. Purnell will talk to Elaine Luckey, First Selectman, Hank Martin, Zoning Chairman, Janet Hill, Zoning Officer, and to Roger Canavara, Town Road Crew Foreman.
Old Business
Sheinfeld, IW-02061 ATF, Record Mylar Map.
Mr. Ajello said that Mr. Sheinfeld agrees to record the mylar map with the Town Clerk.
Mr. Ajello submitted pictures of the newly installed pool fence.
MOTION: To Adjourn the Meeting by Mrs. Korzenko. All agreed at 10:40 p.m.
Respectfully submitted, filed subject to approval, Katherine Moquin
Land Use Secretary
October 17, 2003
September 24, 2003
Members Present: Mark Picton, Marguerite Purnell.
Members Absent: Helen Gray, Dorothy Hill, Charles LaMuniere.
Alternates Present: Candace Korzenko, Robert Weber.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Brian Neff, Vincent Forese, Glenn Sherratt, William Ross.Mark Picton called the Meeting to order at 7:02 p.m. on Wednesday, September 24, 2003. Members seated were Mark Picton, Marguerite Purnell, Candace Korzenko for Charles LaMuniere, Robert Weber for Dorothy Hill.
MOTION: To ADD the following to the AGENDA: Proposed Revisions for the Washington Zoning Regulations under Administration, Discussion of the Revision for the Washington Inland Wetlands and Watercourses Regulations under Administration, Schwartz, IW-02-59 D, under Enforcement Officer's Report, and Montessori School, IW-01-08, under Enforcement Officer's Report. By Ms. Purnell, seconded by Mr. Weber and passed 4-0.
Pending Applications
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Mr. Picton noted that nothing new has been submitted to date.
Morse Estate, IW-03-33, 313 Nettleton Hollow Road, Construct Driveway.
Brian Neff, P.E. was present and he will bring his grading plan to Land Tech Consultants.
Fish, IW-03-42, 201 Wykeham Road, 2-Lot Subdivision.
Mr. Picton noted that a letter, dated 9-18-03, has been submitted declaring a withdrawal of this application for re-subdivision.
Brown, IW-03-43, 125 Shearer Road, Construct Dwelling.
Brian Neff, P.E. was present and he said the owners and their architect are working on a revision of their plan. Mr. Picton pointed out that the stream overflow on to the land, along the western edge of the house site, is not marked on the Site Plan, "Soil Erosion & Sediment Control Plan, The Brown Residence, 125 Shearer Road, by Brian E. Neff, L.E., dated 7-28-03."
New Applications
Steep Rock Assoc., IW-03-48, Steep Rock Reservation/Tunnel Road, Cross Shepaug River.
Vinney Forese, Contractor, was present. He answered the members questions and explained the following: 1.The only way to reach the trail in need of repair is to cross the Shepaug River. The easiest spot to cross along the whole river is the same site (just below the Hauser Bridge) used during the construction of the bridge - the banks here have the most gradual grade and the water in this area is usually low during the summer. The banks here were armored with gravel for the bridge construction process; the banks are not expected to be torn up during the proposed truck crossings; a few limbs would be trimmed along the banks in order to protect truck mirrors; he might move over a few of the larger stream bed rocks by hand. 2.The plan is to haul 25 loads of fill with 1 1/4 " processed gravel in a 4 yard dump truck (provides larger wheels and less trips) and also take across a 4-wheel tractor with a bucket; these vehicles are in good condition/ nothing is leaking. 3.The stockpile would be located just past the tunnel within a large turn-a-round.
Mr. Forese depicted the temporary stockpile location on the map, "Trail to be Repaired, Crossing just below Hauser Bridge" as directed by Mr. Picton. Ms. Purnell said that the banks might need stabilizing after the crossings take place. Mr. Ajello will make a site inspection.
Horace Mann School/John Dorr Nature Lab, IW-03-47, 220 Nettleton Hollow Road, Well Waterline.
Glenn Sherratt, Director, was present and asked for an expedited permit to drill a new well and install a waterline/electric line to their distribution center. He answered the members questions and explained the following: 1.Two out of their three wells have gone dry and this presents an urgent need to supply water as mandated by the State Public Water Supply provisions; they are currently trucking in water. The State is making a site inspection tomorrow. 2.The waterline would run 800' from the well head under an existing driveway, under an existing culvert and under an existing lawn; the trench (3'wide x 6'deep) would not be left open but be filled in as they go along excavating and placing the pipe and wire; the waterline/electric line would be pulled under the culvert at 6' down under the road and to the center as much as possible because the septic line is located in the same area, cutting to the right under the intermittent stream and hugging the left side of the road. 3.Hay bales would be placed on the down side of the driveway.
Mr. Weber thought boulders had probably been placed under the road bed as support, so placing the waterline below the culvert might make a mess or require a new route. Members agreed to authorize the proposed work to start now and have the permit process continue as an after-the fact application. Mr. Picton set guidelines: 1.The excavator is to fill in the trench as they go along the course with no more than twenty feet open at a time. 2.An additional silt fence/hay bales is to be installed. 3.Workers are to follow Mr. Ajello's recommendations.
MOTION: To APPROVE the application, # IW-03-47, submitted by the Horace Mann School to install a well and waterline at 220 Nettleton Hollow Road on an Emergency Basis. By Mr. Picton, seconded by Mr. Weber and passed 4-0.
Ross, IW-03-45, 10 Sunny Ridge Road, Rebuild Stone Wall.
William Ross was present. He submitted pictures, answered the members questions and explained the following: 1.The stone wall is 250 linear feet starting at the southern edge of the road; it is not going anywhere near the wetland; it is estimated to be 42" high and 34" wide. 2.A silt fence would be placed on the boundary of the re-planed wetland. 3.A Bob-Cat would be used to move around material.
As directed by the members, Mr. Ross marked the two ends of the stone wall in red on a portion of the map, "Topographic Map, William & Judith Ross, Sunny Ridge Road and Nettleton Hollow Road by Bradford E. Smith & Son, dated 1-28-91."
The Commission will make a Site Visit on Tuesday, September 30 at 9:00 a.m.
Enforcement
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
William Ross was present and submitted an as-built, "Filled Wetlands To Be Restored by Bradford E. Smith & Son, dated March 19, 1991." He answered the members questions and explained the following: Curt Smith, Bradford E. Smith & Son, determined that three different drawings of the same site had been done by their company: The first shows the road running into the wetland and the second shows the road out of the wetland and through the trees. Originally one section of the road was dipped lower than it is now.
Members asked for Bradford E. Smith & Son to sign-off on an as-built showing the road, the wetland and the tree. Mr. Ross said he will ask for the stone wall to also be depicted.
New Applications
Gutierrez, IW-03-49, 13 Dark Entry Road, Septic Repair.
Brian Neff, P.E., was present. He answered the members questions and explained the following: 1.The Health Dept. permit is pending. The septic is designed for a four bedroom house. 2.A soil survey does not show wetland soils present at the septic site. 3.It looks like water from the wetland runs laterally across the back yard. Water needs to be kept away from the septic - he proposes to install a catch basin at the lowest point adjacent to the wetland and re-direct surface and sub-surface water around the septic.
Ms. Purnell thought that a water course exists across the back yard. Mr. Picton said that if they determine that a water course exists, then they might not want to come close to the wetland with sub-surface drainage.
The Commission will make a Site Visit on Tuesday, September 30, 2003 at 9:30 a.m.
Wadsworth, IW-03-50, 12 Winston Drive, Construct Dwelling.
Brian Neff, P.E., was present and he submitted a map, "Subsurface Sewage Disposal System, Church Hill Corp., Subdivision Lot 70 A, 12 Winston Drive, by Brian E. Neff, L.E., dated 8-20-03." He answered the members questions and explained the following:
1.This is an approved subdivision lot, which Mrs. Wadsworth wants to sell with all the approvals in place. The plan is for a hypothetical four bedroom house. 2. This is a difficult 4.5 acre lot with a compact area of development; a watercourse flows across the back (north.) The proposed house site is on the southeast corner of the property, very close to the road and the driest area. 3. Wetland flags are set in place. It is possible to
Wadsworth con't:
move the house site farther away from the wetland but he is not sure where the other wetlands extend to.
Members speculated that this lot might better accommodate a three bedroom house proposal.
The Commission will make a Site Visit on Tuesday, September 30, 2003 at 10:00 a.m.
Madoff, IW-02-42, 241 West Shore Road, Revision to Permit.
Mr. Ajello said that a fence had been installed to protect the Madoff's young children from the road. Mr. Picton tabled their review of this after-the-fact revision request until more information is submitted.
Dyer, IW-03-46, 273 Sabbaday Lane, Re-place culverts.
Mr. Picton tabled their review until Mrs. Dyer submits a drawing and more information
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting and Clearing in Wetlands.
Mr. Ajello said there is nothing new to report. He will take pictures of the site.
Brown, IW-02-V3, 96 Romford Road, Dam Failure.
Mr. Picton spoke to Jodi Brown who said that they were having difficulty obtaining a hydrolic study from their engineer. Mrs. Brown said that they will retain the services of a different engineer so that they can comply with the Commission's requirement.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In or Near Wetlands.
Mr. Ajello sent a letter, dated 9-19-03, to Mr. Kady stating the Commission's un-acceptance of further delay in producing a soil science report. Mr. Picton spoke to Mr. Kady and answered his concerns by explaining that the Commission is only doing their job and that conducting their business at a meeting is a public matter. Mr. Picton read a letter, dated 9-24-03, from Atty. Leonard Blum stating a soil science report will be submitted within 30-60 days.
Members discussed the fact that a letter, dated May 22, 2003 had been sent to Mr. Kady requesting immediate installation of sediment and erosion controls, wetland soil mapping to be done and an application to be filed; sediment and erosion controls have not been installed and wetland soil mapping has not been done to date. Members agreed to wait until the October 22, 2003 meeting to evaluate the status of this situation.
Boies, IW-03-V7, 27 Cook Street, Deposition in Drainage Gorge, Erosion.
Mr. Ajello said that he is pleased with the results of the gorge clean-up; there is erosion at the top of the gorge and he will recommend to Mr. Boies that he install a hand placed splash pad, which extends up the bank of the gorge, at the terminus of the pipe.
Members expressed appreciation for Mr. Boies' undertaking the solution to a problem which he did not create.
Wertheimer, IW-03-V11, 106 Shearer Road, Logging Operation.
Mr. Ajello will make a Site Visit soon.
Schwartz, 173 West Shore Road, Remove Invasives.
Mr. Ajello reported the following: 1.Jocelyn Schwartz talked to a tree service about removing invasives -phragmites from a 5000 square foot area across from the boat house; this site is about 80-100' from the lake shore. 2.He described to her the method of hand cutting followed by painting the stems with herbicides but this seems too time consuming for 5000 square feet. 3.The tree service wants to spray glyphosate on the invasives and Ms. Schwartz is asking for advice. 4. He will check to see if this tree service has a license to remove invasives.
Members discussed the importance of proper guidance for this large an area adjacent to the lake and the need for monitoring any growth from the seed bank which will surely be present; they also noted that there is a native species of phragmites but only molecular analysis (genotyping) could determine which species is growing on this site. Members agreed to ask for an application with a proposal for a well-founded method to remove invasives and then the Commission can evaluate the work proposed.
Ms. Purnell recommended Judy Singer, Pesticide Coordinator at D.E.P., as a contact for information.
Montessori, IW-01-08, Litchfield Tnpk., Drainage Basins, Swale, Silt Fence, Vernal Pools.
Mr. Picton asked for the swale located at the bottom of the athletic field's slope to be dug out tomorrow to allow water to be directed into the silt basin and not go past the silt fence. Mr. Ajello will direct Alex McNaughton to have this done.
Enforcement Officer's Report
Santolleri, IW-03-39, 240 West Shore Road, Retaining Wall/Fill/Stone Terrace/Drainge Swale/Fence/Irrigation System.
Mr. Ajello reported that the swale was effective post the recent heavy rainfall; some pea sized stone spread to the grass but nothing reached the lake.
Lloyd, IW-03-22, 149Whittlesey Road, River Protection/Armoring.
Mr. Ajello reported that armoring of the river banks started two days before the heavy rainfall - no excavation took place, instead rocks were tumbled down and maneuvered into place with levers.
Marbledale Pub, New Milford Tnpk.
Mr. Ajello requested an application be filed for newly installed septic fields.
Consideration of Minutes
Regular Meeting - September 10, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting on September 10, 2003 as amended. By Mr. Picton, seconded by Ms. Purnell and passed 4-0.
Corrections/Amendments ( relevant pages ) are attached to the end of these minutes.
Site Inspection re: Fish IW-03-42 - September 16, 2003
MOTION: To ACCEPT the Minutes of the Site Inspection re: Fish IW-03-42 on September 16, 2003 as written. By Ms. Purnell, seconded by Ms. Korzenko and passed 4-0.
Old Business
Sheinfeld, IW-02-61 ATF, Record Mylar Map.
Mr. Picton noted that the mylar map has not been recorded to date.
Randall, 53 River Road, Request Release - Enforcement Order from Land Record.
Mr. Picton said that Dorothy Hill offered to research this situation; he tabled their review until a later date.
Administration
Town Fine Ordinance Draft
Members discussed a few directions the Fine Ordinance underwent regarding the authority of the Commission.
Proposed Revision to the Inland Wetlands and Watercourses Regulations.
Members discussed fine-tuning the wording of a few sentences regarding consultant's fees and expenses. Mr. Picton said that even if nothing is changed in this proposed revision, he would still be pleased with it; Ms. Purnell agreed. Mrs. Korzenko noted that much of the language in the revision came from the State Regulations because it is clear and easy to understand.
Proposed Revision to the Zoning Regulations.
Members agreed to review this document at home before the next meeting.
State Statute 22 A- 42- C2
Members discussed De Minimus applications; Ms. Purnell pointed out that the Commission can defer to their Agent a proposal involving no greater than minimal impact to wetlands or watercourses; Ms. Korzenko noted that the State does not use the word De Minimus and the Washington Inland Wetlands and Watercourses Regulations will be changed at some point to reflect this, perhaps calling De Minimus - Agent Approval.
MOTION: To ADJOURN the Meeting by Mr. Picton. All agreed at 10:47 p.m.
Katherine Moquin, Land Use Secretary October 3, 2003
Respectfully submitted, filed subject to approval
September 10, 2003
Members Present: Mark Picton, Helen Gray, Dorothy Hill, Charles LaMuniere, Marguerite Purnell at 7:15 p.m.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Mildred Pond, Brian Neff, Susan Branson, William Ross.Note: URA = 100' Upland Review Area.
Mark Picton called the Regular Meeting to order at 7:02 p.m. on Wednesday, September 10, 2003. Members seated were Mark Picton, Helen Gray, Dorothy Hill, Charles LaMuniere, Marguerite Purnell at 7:15 and Candace Korzenko for Marguerite Purnell from 7:02-7:15 p.m. and again at 10:30 p.m.
MOTION: To ADD to the Agenda under Enforcement, Madoff IW-02-42 and under Consideration of Minutes, Site Visit - August 5, 2003 re; Montessori School IW-01-08, VanDeventer / Maillefert IW-03-34 and Morse Estate IW-03-33. By Mr. Picton, seconded by Mrs. Hill and passed 5-0.
Pending Applications
Pond, IW-03-40, 153 West Shore Road, Install Rocks on Lake Shore.
Mildred Pond was present and she submitted a revised drawing, "Mildred Pond, 153 West Shore Road, Survey Map, dated 9-10-03," to show a decrease in the area proposed for rock placement and to show no changes proposed for the section of beach along the shore line; the installed rocks would be the same size as those rocks existing around the base of the boat house. She changed, dated and initialed the work sequence narrative to reflect the new 2 1/2 width for the area of rock placement.
Mr. Picton recommended that Ms. Pond verify her property boundary line in relation to her proposed work.
MOTION: To APPROVE the application Pond, IW-03-40, 153 West Shore Road, Install Rocks on Lake Shore per the revised drawing, "Mildred Pond, 153 West Shore Road, Survey Map, dated 9-10-203" and with the following conditions: 1. The filling of rock is not to exceed a distance of 2 1/2 ' (two and one-half feet) out from the stone wall sitting on the west side of the beach. 2. Placed rocks are not to exceed the height of the stone wall; placed rocks are to slope down from the stone wall to beach level. 3. The rocks are to be placed by hand and no machines are to enter the beach area. By Mr. Picton, seconded by Mrs. Hill and passed 4-0-1. Mr. LaMuniere abstained as he did not visit the site.
Pond con't:
Mr. Picton noted that it is not the job of the Commission to prevent weeds from growing but the proposed placement of rocks is not extensive and will not detract ecologically; he is not looking to see vegetation suppressed along the shoreline nor filling done in low lying areas; it will become a more natural looking shoreline.
Mrs. Hill agrees that this activity will not detract ecologically.
Ms. Purnell appreciates the reduction in the amount of rocks and changed location farther from the lake; the larger size rocks will not migrate into the lake.
Morse Estate, IW-03-33, 313 Nettleton Hollow Road, Construct Driveway.
Brian Neff, P.E., was present; he is working on a grading plan. Members reviewed the drainage plan, "Proposed Driveway Drainage Plan, Joseph Wanag, Potash Hill Road & Nettleton Hollow Road by Brian E. Neff, L.E., dated 7-15-03." Mrs. Hill noted that Land Tech Consultants wants to see a grading plan before reviewing the proposal. Members agreed to continue any discussion at the next meeting.
Steep Rock Assoc., IW-03-41, Christian Street/Route 202, Re-place Culvert.
Susan Branson, Executive Director, and Brian Neff, P.E. were present. Mr. Neff submitted a letter, dated 9-10-03, with his recommendations for the proposed replacement culverts. He thought that the water would overflow the farm road during a big storm but the stream seems to be intermittent.
Ms. Purnell requested the pipes be embedded into the stream bed in order to create a substrate consistent with/to mimic the system there now for the amphibians, insects and other creatures.
MOTION: To APPROVE the application Steep Rock Assoc., IW-03-41, Christian Street/Route 202, Re-place Culvert per the specs in the letter from Brian E. Neff, P.E., dated 9-10-03 and with one condition that the two culvert pipes be embedded 2" (two inches) into the stream bed. By Mr. LaMuniere, seconded by Mrs. Gray and passed 5-0.
Ms. Purnell noted that an engineer looks at the effects of moving water while the IWC looks in addition at somewhat different issues, i.e. Ecological issues.
Ms. Branson asked if an application is required for trucks and machines to cross the Shepaug River at the Tunnel Road to reach a trail needing repair but situated well beyond URA; the crossing site would be the same one used during the construction of the suspension foot bridge; truck crossings would take place during low water time. Members agreed that an application is necessary.
Fish, IW-03-42, 201 Wykeham Road, 2-Lot Subdivision.
Brian Neff, P.E., was present. He answered the member's questions and explained the following: 1.This is a 5 bedroom, feasibility, house footprint; final plans might show a footprint that is different but the footprint would probably be located in the same spot. 2.It is possible to have a walkout basement and not fill around the lower end of the foundation so that grading could be done without going into the URA. 3.The building restriction area adjacent to the house site prohibits structures but does not exclude anything underground or exclude the driveway. 4.The building site contains Woodbridge soils and is more than 100' to intermittent water courses and 150' to wetlands. 5.This subdivision provides a Conservation Easement area. He thinks that this is doable house site.
Fish con't:
Members discussed this property which previously presented to them as one lot for one house and approved (after weighing the pros and cons) a long driveway with seven culverts to reach a good building site in a back field; now they have been asked to consider a second house site constricted by intermittent streams, wetlands and a building restriction area; _____ slopes exist and they do not want to see any clearing, grading or construction within the regulated area; they could frame the approval with a condition that there be no encroachment or activity within the URA but they feel that it might not be realistic to expect no ____ use of the land around the house; the submitted plans do not include grading.
The Commission will make a Site Visit on Tuesday, September 16, 2003 at 9:00 a.m.
Brown, IW-03-43, 125 Shearer Road, Construct Dwelling.
Brian Neff, P.E., was present and he answered the member's questions and explained the following: __ Plans show the proposed tree line; most of the clearing proposed within the URA is south of the house site where there is an existing stone wall protecting the stream and this stream is up-grade of the house site and directed across the slope by the old wood road bed (nothing is draining down;) the house site drainage runs parallel to the stream and wetlands along the western edge of the house site; he pointed out to the homeowners the need to stay within the limits of clearing submitted in their application; the wetlands have been flagged.
Members discussed the proposed house site and clearing proposed within the URA; on one side, the edge of the house is 10' from the URA but there is room to move the house to the northeast. Some members thought that there will not be an impact to wetlands using the proposed limit of disturbance and they want to respect the homeowner's / architect's reasons for the house location. And some members thought that moving the house 30' or so would be a prudent alternative and not an unreasonable request but they would also like to know the homeowner's reasons for choosing this site. Mr. Neff will __relay this to the homeowners. Mrs. Hill asked that the homeowner's ideas regarding this issue be submitted in writing.
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Mr. Picton noted that they received a request for a 65 day extension for the permit. Mr. Ajello said there is no other new information to date.
Enforcement
Ross, IW-02-04, 10 Sunny Ridge Road, Wetlands Restoration.
William Ross was present and he submitted a letter, dated 9-8-03, and a portion of a survey map, "Sunny Ridge Road, Nettleton Hollow Road" showing the flagged original wetland and the wood road skirting the edge of the wetland. Mr. Ross thought that the stakes belonged on the left side of the road; he said that if the stakes now marking the boundary of the wetland are used, then the trees are too close to the road and one tree, which would then have to be removed, is older than the map.
Members discussed the restoration plan approved for the wetland boundary in question and they disagree with Mr. Ross. Mr. Picton, speaking for all the members, requested a surveyed as-built of the entire restoration area including the wood road and trees, saying that this is such an important project and the as-built will define the boundary and show if the work was done in conformance with the approval plan. Mr. Ross will call Bradford Smith and Son to do the as-built and he will return for the October 8, 2003 meeting. Ms. Purnell said the Commission appreciates all the work Mr. Ross has done to date.
New Applications
Alldredge/Daly, IW-03-44 D, 300 West Shore Road, Addition.
Mr. Ajello reported that the house is not close to the lake shore but sits within the URA, the proposal is for enlarging the second floor without changing the footprint, there is access to the site from the road and the work presents no risk to the lake. Mr. Picton recommended that the applicants take care to keep the light weight scraps picked up; Mr. Ajello said that there exists vegetation and brush protecting the shoreline. Mr. Ajello will approve this DeMinimus application.
Enforcement Officer's Report
Montessori School, IW-01-08
Mr. Ajello reported the following: 1. The school sign was installed along with pressure treated guard rails along the driveways; he will talk to the school about the pressure treated wood. 2. Sod was installed on the athletic field and the surrounding steep slopes were graded, seeded and mulched but heavy rain washed out this accomplishment and now it needs to be re-done; stabilization blankets had not been required in the permit. 3. The bio-filtration basin and the silt basin have not been dredged to date.
Mr. Picton asked if the swale, located at the bottom of the athletic field's steep slope, had been dug out and the silt fence repaired; the swale was filled with silt which caused the silt fence to be pushed in and silt to flow into the woods;) Mr. Ajello will request this be done.
Ms. Purnell thought that maybe just the material dumped on the wrong side of the silt fence could be removed and maybe the vernal pools would restore on their own. Mr. LaMuniere said that unless the drainage problems are addressed, there will be continued impairment of the vernal pools.
Knudsen, 236 Nettleton Hollow Road.
Mr. Ajello submitted pictures; he said that the pond dredging might be postponed until next summer because of the water level.
Boies, 25 Cook Street.
Mr. Ajello reported that debris had been cleared out of the gorge, as much as possible by hand; debris embedded in the soil has been left. To date riprap has not been installed at the culvert outlet. Mr. Picton asked Mr. Ajello to report any accelerated erosion occurring at the site.
Jepsen/Dore, IW-03-25.
Mr. Ajello reported that retaining walls, steps and handrails have been added without a request for a revision, which he then asked them to submit.
Madoff, IW-02-42.
Mr. Ajello reported that a fence had been installed within the URA without a request for a revision; Mrs. Madoff wanted a fence along the road for her children. He asked Mrs. Madoff to submit a revision request.
Lloyd, IW-03-22.
Mr. Ajello said that nothing has been done along the riverbanks to date, because of the high waterline.
Martin, Nichols Hill Road.
Mr. Ajello requested a full application for a tennis court and hockey rink within the URA.
Rudins, IW-02-49.
Mr. Ajello said that soil dredged from the________ pond amounted to a small quantity of mucky silt and this was spread over the banks of the EPDM lined pond, well away from wetlands; no vegetation has been planted in the field.
Robbins, Winston Drive.
Mr. Ajello requested a full application for an accessory apartment because there exists a wetland pocket between the house and the pool.
Wertheimer, 106 Shearer Road.
Mr. Ajello said that the area in question has been seeded.
Hildmann, IW-03-15.
Mr. Ajello reported that no further activity has occurred in the fields because of heavy rains. He asked for a revision request to be submitted for a manure shelter.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting and Clearing in Wetlands.
Members reviewed a letter from Mr. Beck, dated 9-5-03 and agreed to let him remove the invasives after the first frost.
Brown, Longview Landing, INC., IW-02-V3, 96 Romford Road, Dam Failure.
Member reviewed a letter from Dr. and Mrs. Brown, dated 8-6-03 and discussed a response. Wanting someone with authority to sign-off on the safety of the dam, members agreed to contact Wesley Marsh, Dam Safety Unit, D.E.P. by sending a letter along with copies of the file materials; a copy of the letter will be sent to Dr. Brown; Mrs. Hill will talk to the D.E.P. Dam Safety Unit.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In and Near Wetlands.
Mr. Ajello said that there is no new information to date. Members discussed a response to no progress happening to date; they agreed that Mr. Ajello will write a letter citing non-compliance with their request to produce a mapping of wetland soils and saying that this leaves them no choice but to require a restoration of the area to its previous condition by removing the trees, plantings, stones and fill.
Brodie, IW-03-V8, 17 Wheaton Road, Dirt Bike Track Thru Wetlands / Goutiere, IW-03-V10, 33 Wheaton Road, Dirt Bike Track Thru Wetlands.
Members reviewed the Site Visit minutes of 8-22-03 and discussed whether certain trees should remain or be permitted for removal.
Brodie/Goutiere con't:
Ms. Purnell recused herself from this vote, as she did not make a Site Visit. Mr. Picton seated Mrs. Korzenko at 10:30 p.m.
MOTION: To APPROVE the Restoration Plan for Brodie, IW-03-V8, 17 Wheaton Road, Dirt Bike Track Thru Wetlands and for Goutiere, IW-03-10, 33 Wheaton Road, Dirt Bike Tract Thru Wetlands per the summary of proposed work in Anthony Bedini's Site Visit Minutes of August 22, 2003. By Mrs. Korzenko, seconded by Mrs. Gray and passed 5-0.
A letter to that effect will be sent to the applicants by Mr. Bedini.
Mr. Picton re-seated Ms. Purnell at 10:40 p.m.
Consideration of Minutes
Regular Meeting - July 23, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting of July 23, 2003 as amended. By Mrs. Hill, seconded by Ms. Purnell and passed 5-0.
Corrections/amendements (relevant pages) are attached to the end of these minutes.
Regurlar Meeting - August 13, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting of August 13, 2003 as amended. By Mrs. Hill, seconded by Mr. Picton and passed 5-0.
Correction/amendments (relevant pages) are attached to the end of the minutes.
Site Inspection - August 22, 2003 re: Brodie IW-03-V8 / Goutiere IW-03-V10.
MOTION: To ACCEPT the Minutes of the Site Visit on August 22, 2003 re: Brodie IW-03-V8 and Goutiere IW-03-V10 as amended. By Mrs. Hill, seconded by Mr. Picton and passed 4-0-1. Ms. Purnell abstained as she did not visit the site.
Site Inspections - September 3, 2003 re: Pond IW-03-40, Steep Rock Assoc. IW-03-41, Brown IW-03043, Ross IW-02-V4.
MOTION: To ACCEPT the Minutes of the Site Visits on September 3, 2003 re: Pond IW-03-40, Steep Rock Assoc. IW-03-41, Brown IW-03-43 and Ross IW-02-V4 as written. By Mrs. Gray, seconded by Mr. LaMuniere and passed 5-0.
Site Inspections - August 5, 2003 re: VanDeventer/Maillefert IW-03-34, Morse Estate IW-03-33.
MOTION: To ACCEPT the Minutes of the Site Visits on August 5, 2003 re: VanDeventer / Maillefert IW-03-34 and Morse Estate IW-03-33 as written. By Mr. Picton, seconded by Mrs. Gray and passed 5-0.
Site Inspection - August 5, 2003 re: Montessori School IW-01-08.
MOTION: To ACCEPT the Minutes of the Site Visit on August 5, 2003 re: Montessori School IW-01-08 as written. By Mrs. Hill, seconded by Mr. Picton and passed 5-0.
Administration
Fine Ordinance Draft
Mr. LaMuniere sent a draft of the Fine Ordinance to Attorney Michael Zizka. First Selectman, Elaine Luckey incorporated Atty. Zizka's recommendations and she said that she wants the Town Ordinance to be totally legal and safe. Mr. LaMuniere and Mrs. Hill worked together to
complete the final draft. Members were asked to review the final draft and to write down and submit any questions.
Sheinfeld, IW-02-61 ATF.
Mr. Sheinfeld did not record the Mylar copy of the map with the Town Clerk to date.
Randall, 53 River Road, Request Release - Enforcement Order from Land Records.
Mrs. Hill said that this is a complicated outcome; Northwest Conservation Service's Soil Survey shows wetlands soils but Mr. Randall's Soil Scientist did not find wetland soils because the wetland soils had been stripped. Ms. Purnell does not think that the requirements have been met.
Santoleri, IW-03-39, 240 West Shore Road, Retaining Wall/Fill/Stone Terrace/Drainage Swale/Fence/Irrigation System.
Mrs. Hill said that plans for the drainage swale have been changed so a revision approval is required. Mr. Ajello will follow-up on this permit.
MOTION: To ADJOURN the Meeting by Mrs. Gray. All agreed at 11:52 p.m.
Respectfully submitted, subject to approval,
Katherine Moquin, Land Use Secretary 9-19-03
August 13, 2003
Members Present: Dorothy Hill, Charles LaMuniere, Marguerite Purnell.
Members Absent: Helen Gray, Mark Picton.
Alternates Present: Anthony Bedini.
Alternates Absent: Candace Korzenko, Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Mercedes Mestre, Peter Bonachea, John VanDeventer, Brian Neff, Joseph Wanag, John Trevenen, Robert Mnuchin, Reece Owens, Darrell Cherniske, Carol Santoleri, Alex McNaughton, Jay Sheinfeld, Mildred Pond, Susan Branson, Mark Riefenhauser, Natalie and Michael Brodie.Dorothy Hill called the Regular Meeting to order at 7:13 p.m. on Wednesday, August 13, 2003. Members seated were Dorothy Hill, Charles LaMuniere, Marguerite Purnell and Anthony Bedini for Mark Picton.
Pending Applications
Mestre, IW-03-35, 187 West Shore Road, Replace Dock/Install Dock.
Ms. Purnell recused herself because she sits on the Lake Waramaug Task Force with Mercedes Mestre. Ms. Purnell noted her research regarding quorums - four members are required to start a meeting but four members are not needed for a vote.
Mercedes Mestre and Peter Bonachea were present. Ms. Mestre said that their lake frontage measures almost 160'. Mr. LaMuniere noted that he visited the site. Members reviewed the important aspects of the application. Mrs. Hill read the work description/sequence and noted that all the necessary information is in the file.
MOTION: To APPROVE the application Mestre, IW-03-35, 187 West Shore Road, Replace Dock/Install Dock as submitted and per the plans, "Mestre/Bonachea Site Plan, dated 7-17-03," "New Rowing Dock, dated 7-17-03," "Replacement of Existing Boat Dock, dated 7-17-03" and "Work Description/Sequence, dated 7-17-03." By Mr. LaMuniere, seconded by Mr. Bedini and passed 3-0.
Ms. Purnell returned to the meeting.
VanDeventer/Maillefert, IW-03-34, 52 Roxbury Road, Wetlands Crossings.
John VanDeventer and Brian Neff, P.E. were present. Mr. Neff answered the member's questions and explained the following: 1. There are four water-bars and three corduroy crossings proposed. Water-bars are used for small amounts of flow such as hiking trails and wood roads and are angled for vehicle traffic. Corduroys are tied together so the angle is not as important. The log corduroys could be removed at a later date or if left for a long period of time, they would decompose and not be detrimental to the water course. 2. He extended the existing wood road to the highest point. There are a few places where the grade is over 15% but the first section is within acceptable grades.
Mrs. Hill noted that there are two areas of gravel over geo-textile. Mr. LaMuniere said that this plan is acceptable for a temporary, exploratory road. Mr. Bedini noted that the Commission will address these issues again when an application comes in for site development.
VanDeventer/Maillefert con't:
MOTION: To APPROVE the application VanDeventer/Maillefert, IW-03-34, 52 Roxbury Road, Wetlands Crossings per the revised drawing "Wood Road Stabilization Plan, The VanDeventer Property, 52 Roxbury Rd. by Brian E. Neff, P.E., dated 8-11-03" and with one condition: This permit is limited to two (2) years and any changes to the roadway are to be submitted to the Inland Wetlands Commission. By Ms. Purnell, seconded by Mr. Bedini and passed 4-0.
Morse Estate, IW-03-33, 313 Nettleton Hollow Road, Construct Driveway.
Joseph Wanag and Brian Neff, P.E. were present. Mr. Wanag said that using Potash Hill Road is a matter of deciding who would pay for upgrading and maintenance. Mr. Neff answered the member's questions and explained the following: 1. The plans include an arch culvert with stone headwalls to go across the watercourse. Most of the swales, along the driveway, lead into catch basins with riprap and a spreader at the end of the piping. The driveway length is 1450'. 2. The topmost 350' driveway section would not have a swale because the area near the top is almost level; water there drains in different directions. 3. The northwest portion of the property is 140' at the closest point from a wetlands or a watercourse. 4. The driveway curves around the proposed septic site (acceptable test results.) This property does not provide a lot of choice for a septic site. 5. Hydraulics determined that a bridge to cross the stream is not needed; also a bridge would cost ten times more. This intermittent stream has a rocky channel and no fish populations; a more major steam would probably have fish populations and require a bridge. 6. The slopes on top of the hill provide a better building site; in terms of the existing possibilities, this driveway site is the best way to get up hill with a 15% or less grade; most of the property is over 25% grade. 7. The driveway would be paved to give it stability.
Ms. Purnell recommended a review of the plans by Land Tech Consultants; she does not know enough to evaluate these plans for this very steep and constrained lot; she wants to be careful that perpetual impacts do not affect the spring, the intermittent watercourse and the watercourse; there would be continual water run-off into the stream from the 1450' long, 18 wide driveway and from time to time storms would shoot water over the catch basins and swales. Mr. LaMuniere agreed that a consultant would clarify things and two heads are better than one; he said that too much sunlight from the large amount of clearing could destroy the under-story. Mr. Bedini said that more information is a better basis.
Mrs. Hill noted that there is a consensus to have Land Tech Consultants review this proposal and to invoke Ordinance 710 (applicant responsible for fees.)
Mayfair Properties, LLC., IW-03-36, Woodbury Road, Construct Driveway.
Mayflower Inn, IW-03-37, 118 Woodbury Road, Widen Driveway.
John Trevenen, Robert Mnuchin, Reece Owens and Brian Neff, P.E. were present.
Members and applicants quietly read the minutes from the Commission's site visit of 8-8-03.
MOTION: To ACCEPT the Minutes of the Site Inspection on August 8, 2003 re: Mayfair Properties, LLC. IW-03-36 and Mayflower Inn, Inc. IW-03-37 as amended. By Ms. Purnell, seconded by Mrs. Hill and passed 4-0.
Ms. Purnell noted that the length of driveway proposed for widening is very short and that two trees and rhododendron would be removed. She asked the other members to review both applications before any motions were put on the table because both of the proposed activities, even though on separate properties, were serving the same development; she wanted to look more carefully at any possible impacts to wetlands or watercourses and perhaps look beyond the 100'upland review
Mayfair Properties, LLC.,/ Mayflower Inn con't:
area; there are wetlands or watercourses on three sides of this large development site, which would entail a sizable amount of clearing. Ms. Purnell went on to say that from a technical standpoint, she did not foresee any impacts and the driveway construction design addressed the road run-off issues.
Mr. LaMuniere said there is a very steep section of proposed driveway on the service road, which might require an additional catch basin or a lower road profile; he is also concerned about the vegetation cut down within the upland review area, which might require another application for a planting restoration plan. Mr. Bedini agreed that a planting plan is required.
Mr. Mnuchin assured the Commission that someone is already working on a restoration plan.
MOTION: To APPROVE the application Mayflower Inn, IW-03-37, 118 Woodbury Road, Widen Driveway as submitted and per the maps, "Soil Erosion & Sediment Control Plan, Fairfield Properties Inn, Woodbury Road (Route 47,) by Brian E. Neff, P.E., dated 7-18-03" and "Grading & Drainage Plan, Fairfield Properties Inn, Woodbury Road (Route 47,) by Brian E. Neff, P.E., dated 7-19-03." By Mr. LaMuniere, seconded by Mr. Bedini and passed 4-0.
MOTION: To APPROVE the application Mayfair Properties, L.L.C., IW-03-36, Woodbury Road, Construct Driveway as submitted and per the plans, "Grading & Drainage Plan, Fairfield Properties Inn, Woodbury Road (Route 47,) by Brian E. Neff, P.E., dated 7-19-03 and revised 7-25-03" and "Soil Erosion & Sediment Control Plan, Fairfield Properties Inn, Woodbury Road (Route 47,) by Brian E. Neff, P.E., dated 7-19-03" and with one condition: a Restoration Planting Plan for the slope on the east side of the property (addressing the cleared area that extends from the edge of the Kirby Brook approximately 100' upslope and runs approximately 400' along Kirby Brook) is to be received and approved by the Inland Wetlands Commission prior to any construction activity taking place. By Mr. LaMuniere, seconded by Mr. Bedini and passed 4-0.
Duchin, IW-03-38, 6 Church Street, Terraces/Fountain/Stone Steps/Re-build Fence, Wall, Steps.
Darrell Cherniske, Kent Horticultural Services, was present.
Members read the minutes of the site visit of 8-8-03.
MOTION: To ACCEPT the Minutes of the Site Inspection on August 8, 2003 re: Duchin IW-03-38 as written. By Ms. Purnell, seconded by Mr. Bedini and passed 4-0.
Members reviewed some aspects of this application. Ms. Purnell noted that heavy machinery would be accessing the property from the road and that all the proposed activities would not be in the 100' upland review area and that the impervious surface would be decreased. Mr. Cherniske said that yes only some of the activities would be in the upland review area but all of this property is sensitive and steep.
Mr. LaMuniere noted that existing areas would be re-surfaced, not re-constructed.
MOTION: To APPROVE the application Duchin, IW-03-38, 6 Church Street, Terraces/Fountain/Stone Steps/Re-build Fence, Wall, Steps as submitted. By Ms. Purnell, seconded by Mr. LaMuniere and passed 4-0.
Santoleri, IW-03-39, 240 West Shore Road, Retaining Wall/Fill/Stone Terrace/Drainage Swale/Fence/Irrigation System.
Carol Santoleri and Brian Neff, P.E. were present.
Members read the minutes of the August 8, 2003 Site Inspection.
MOTION: To ACCEPT the Minutes of the Site Inspection on August 8, 2003 re: Santoleri IW-03-39 as written. By Mr. LaMuniere, seconded by Mr. Bedini and passed 4-0.
Santoleri con't:
Mrs. Hill read a letter from Jean Holzworth, adjacent neighbor, dated 8-12-03 and members looked at the accompanying pictures; Ms. Holzworth pointed out that the roots of her very old Maple tree had been damaged by machines during the construction of a new foundation for the Santoleri house and she requested that these proposed activities not include the re-occurrence of machine traffic over these roots.
Ms. Santoleri said that she had no intention of harming the tree and they are staying within the existing swale which does not further encroach the tree. Mr. Ajello said that connecting the drainage might cut some of the Maple tree roots.
Mrs. Hill noted the Health Dept. report by Suzanne Von Holt, Sanitarian, dated 7-21-03, prohibited an irrigation system in the back of the house. Mr. Neff said that he had a discussion with Ms. Von Holt about this report and that she had not been aware that the proposed plan aims at keeping the septic dry; he said that all of the Health Codes are adhered to in his plan and technical requirements for health issues are different from and do not affect the issues addressed by the IWC.
Ms. Purnell noted that the new foundation/building used the existing footprint but the proposed screen porch would increase this footprint; the lot size is small compared to the house and she noted that the roofed porch would increase impervious surface.
Ms. Santoleri said that she reduced the size of the driveway in order to keep the lot coverage to 16% and she applied to ZBA for a variance.
Mr. Bedini noted that there is 28' between the house and the tree. Mrs. Hill noted that the tree drip line measures 30'. Mr. Neff said that the irrigation system involves very narrow (a few inches) and shallow trenching of 1'-18". Ms. Purnell pointed out that the tree is not a inland wetland concern as it does not sit adjacent to the lake.
MOTION: To APPROVE the application Santoleri, IW-03-39, 240 West Shore Road, Retaining Wall/Fill/Stone Terrace/Drainage Swale/Fence/Irrigation System as submitted and per the plan, "Landscape Alterations, Santoleri, 240 West Shore Rd., New Preston, CT., 7/03 CMB, by Carol Santoleri, dated 7-18-03" and with one condition: In order to protect the 300 year old tree sitting on Jean Holzworth's property, as little digging as possible is to be done to install the drainage swale and irrigation system and the irrigation system is not to encroach upon the drip line of the tree. By Mr. Bedini, seconded by Mrs. Hill and passed 3-1-0. Ms. Purnell voted nay because she is not in favor of 1) any alterations on a lakefront lot that would increase the impervious surface coverage beyond 10% (as water quality impacts will occur) or 2) changing the topography around the lake - this site is perfectly usable as it is. The 16% impervious surface coverage of this proposal does not sit well with her.
Washington Montessori School, IW-01-08, 240 Litchfield Tnpk., Revision to Permit.
Alex McNaughton, Secretary/Treasurer, was present. He answered the member's questions and explained the following: 1. Two 4" square posts would be placed as close to the 30 marker as possible (Mr. McNnaughton initialed and dated this entry in his revision request letter of 8-5-03.)
2. The reason for placing the sign in this location is to alert delivery people in enough time for them to avoid slamming on their brakes - safety on Route 202.
Mr. Ajello said that he did not think there would be a significant impact and the wooden (not pressure treated) posts have a 5-10 year life expectancy.
MOTION: To APPROVE the Revision of the Permit Washington Montessori School IW-01-08 to Install a Sign in Wetlands per the Letter by Alex McNaughton, dated 8-5-03 and amended tonight at this meeting. By Ms. Purnell, seconded by Mr. Bedini and passed 4-0.
Mr. McNaughton said that he came to this meeting to also discuss restoration of the vernal pools and other projects ( one is the long-term maintenance and water quality monitoring program) because they are in the final phase of construction and they are preparing to obtain a Certificate of
Washington Montessori School con't:
Occupancy to allow students to start school in two weeks; he is ready to sod the field and hydro-seed the sides (he placed himself in charge of all the landscaping, not the contractors.)
Ms. Purnell and Mr. LaMuniere expressed concern about the large amount of silt breeching the silt fences and entering the vernal pools, especially the western-most vernal pool. Mr. LaMuniere recommended forming a swale, along the edge of the field where there is massive erosion, to direct storm water. Ms. Purnell noted that there remains plantings to be done around the detention and bio-detention basins and the first step in restoring the two vernal pools is to hire a restoration biologist as a consultant and that it is critical to remove the silt using only shovels and hand digging.
Mr. McNaughton asked the members to consider a money donation to a conservation group as an alternative to restoring the vernal pools and he noted that there is a $25,000.00 bond with the Town to cover any activity left to be done; he is willing to increase the amount of the bond. He said that Bill Jenks, Building Inspector, does not agree to sign a temporary permit.
Mrs. Hill read the permit # IW-01-08 including the conditions not met to date.
Mr. McNaughton generously offered to continue this discussion after the other waiting applicants had their turn. Mrs. Hill accepted and members thanked him for his kind offer.
Sheinfeld, IW-02061 ATF, 110 Lower Church Hill Road, Revision to Permit.
Jay Sheinfeld was present and he answered the member's questions and explained the following:
He is proposing to re-locate the pool fence out from the pool farther than allowed in his permit. The fence comes in 11' lengths and these straight lines do not allow the fence to follow the curve of the pool and therefore in some places the fence extends out from the pool at different distances (2' and 11' and 6' and 10 1/2 ). 2. The greater walking space provided with this new plan also serves safety issues including enough room for emergency access to this side of the pool.
Mrs. Hill noted that the permit # IW-02-61 ATF contains a condition that the pool fence within the conservation area is to sit 3' from the edge of the pool. Members discussed their concerns about going against a permit as written, a permit which allowed the pool to remain in a conservation easement area and their concerns about invading farther into the conservation area. Members discussed various ways to compromise and spent time explaining their position to Mr. Sheinfeld when he objected to their concensus.
MOTION: To APPROVE the Revision to the Permit Sheinfeld IW-02-61 ATF to Install a Pool Fence within the Conservation Easement Area at a distance of 5' (five feet) from the edge of the water and following the curvature of the pool to allow reasonably safe access to that part of the pool. By Mr. LaMuniere, seconded by Mr. Bedini and passed 3-1-0. Ms. Purnell voted nay as this revision violates the conservation easement, allows further encroachment into the upland review area and exceeds the permit as written (as a compromise, the IWC had allowed the pool to remain in place with the provision that a fence would be installed at a distance of 3' (three feet) from the pool along the side that extends into the Conservation Easement area).
New Applications
Pond, IW-03-40, 153 West Shore Road, Install Rocks on Lake Shore.
Mildred Pond was present and she answered the member's questions and explained the following:
1. Lake currents bring sediment every year to her shore and she has quite a job removing the weeds growing in the this sand between the stone wall and the lake. 2. She does not use this area but would like to keep it free of weeds and proposes to place rocks to cover the whole sandy area as a solution; her goal is to be free of the maintenance of this site and she is open to alternative solutions.
Mr. Ajello said that this shore area contains heavy wet sand. Ms. Purnell thought that the boathouse acts as a jetty and the adjacent cove area acts with a different response. Members discussed various alternatives.
Pond con't:
The Commission will make a Site Visit on Wednesday, September 3, 2003 at 9:00 a.m.
Steep Rock Assoc., IW-03-41, Christian Street/Route 202, Re-place Culvert.
Susan Branson, Executive Director, was present and she answered the member's questions and explained the following: 1. In updating the boardwalk construction, she said there is one big section in which planks were added because of wet mucky conditions. A temporary bridge was installed in place of a few un-safe planks - she is still waiting for a permanent bridge plan. 2. This proposal site is at the entryway of the corn field where Christian Street and Route 202 intersect. A squashed corrugated metal culvert exists there. The Potter brothers use this site to access the corn field and Mr. Macrocostas has a right of way there. 3. She is proposing to remove the one or two existing pipes and install a bigger culvert of 20' long x 12" diameter that has three times the capacity. Nicholas Solley is the contractor.
The Commission will make a Site Visit on Wednesday, September 3, 2003 at 9:45 p.m.
Fish, IW-03-42, 201 Wykeham Road, 2-Lot Subdivision.
Brian Neff, P.E., was present and he answered the member's questions and explained the following: 1. The house is in the open field area. The proposal is for 10 acres to be designated as a conservation easement area and for 20 acres to be the second lot. Areas over 25% grade cannot be counted in a subdivision according to Zoning and Planning regulations. 2. He advised Mr. and Mrs. Fish not to clear below the stone wall. 3. Septic test holes are staked.
Mr. Ajello said the proposed subdivision line sits roughly between the fourth and fifth culvert. He said that a nice job was done with erosion control during driveway construction.
Mrs. Hill noted that this lot is constrained with the limit of disturbance very close to the construction site. Members will make individual Site Visits before the next meeting.
Brown, IW-03-43, 125 Shearer Road, Construct Dwelling.
Brian Neff, P.E., was present and he answered the member's questions and explained the following: 1. There is a wetlands watercourse behind the building site. It looks like the water follows an old wood road. 2. There is an existing driveway. The wetlands were flagged last year. 3. There are three septics proposed for three separate buildings, a barn, house and a pool house. He wants to push the tree line back farther.
The Commission will make a Site Visit on Wednesday, September 3, 2003 at 10:30 a.m.
Enforcement
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mark Riefenhouser, P.E. Bradford Smith & Son, was present and said that Curtiss Smith is out of town. He answered the member's questions and and explained the following: 1. The original proposal was to go back to the 1991 survey line at the original wood road (staked) but the adjacent pine grove has grown and Mr. Ross wants to keep the driveway where it is and not cut down trees. The question is how the Commission wants to finish off downgrading the driveway - a stone wall could be built there.
Mr. LaMuniere said the decision is to cut one big tree or compromise the wetland. Ms. Purnell said that a stone wall would stop the movement of small creatures and was not recommended before.
Mrs. Hill noted that the consensus is to keep the old road and construct the slope back to the original grade - to excavate back to the stakes.
The Commission will make a Site Visit on Wednesday, September 3, 2003 at 11:00 a.m.
Brodie, IW-03-V8, 17 Wheaton Road, Dirt Bike Track Thru Wetlands.
Goutiere, IW-03-V10, 33 Wheaton Road, Dirt Bike Tract Thru Wetlands.
Natalie and Michael Brodie were present. Mr. Ajello said that Ms. Goutiere submitted a note, dated - -03 saying that she asked Mr. and Mrs. Brodie to work with the Commission on her behalf. Mr. and Mrs. Brodie answered the member's questions and explained the following: 1. They repaired the ruts as much as possible given the rainy conditions. 2. The foot path is roughly three feet wide. 3. They asked to cut down two trees which are interfering with a 200 year old willow tree and they want to move the location of a section of the foot path over to drier land closer to the willow tree (involves cutting 30' of brush.) 4. There is a path, which has existed a long-time, around the pond shared with their neighbors, Mr. and Mrs. Danions; in this location, one pine tree is crowding the other small pines.
Ms. Purnell recommended a width of two feet for the foot path. Mrs. Hill asked for a depiction of the stream on their drawing_____________________________________
The Commission will make a Site Visit on Friday, August 22, 2003 at 9:00 a.m.
Goutiere, IW-03-V10, 33 Wheaton Road, Clearing in Regulated Area/Interruption of Water Course.
Mr. Ajello reported the following: 1. Ms. Goutiere is asking to leave in place the telephone poles which span the stream and she is proposing to remove the small rocks and debris by hand but leave the largest boulders in place; right now sediment is building up there.
Mr. LaMuniere recommended leaving the two large boulders on either side of the stream and letting the sediment be cleared naturally by stream flow; he noted that a pipe is situated there.
Washington Montessori School, IW-01-08 - Part Two
Mrs. Hill re-read the conditions of the permit including a direction to follow all the recommendations of Land Tech Consultants; she then read the Land Tech recommendations, some of which have been completed; There remains to be done: a. The construction of two vernal pools. Ms. Purnell said that Janet Hill, Land Use Coordinator, observed some breeching of the 10' vernal pool buffer and asked that care be given to see that the vernal pool fence stands as a limit of activities. Ms. Purnell explained the importance of keeping disturbance to a minimum during re-construction of the vernal pools by removing the silt by hand, not touching areas closer to the wetlands and not removing vegetation along with the silt. Mr. McNaughton offered to do this work himself with his own crew and with the Commission's supervision. b. Rigorous inspection of conditions post storm water events ( Alex McNaughton said that an engineer from D.E.P. came to inspect conditions post each major storm since construction began and this was documented in a log kept at the site) and a long term maintenance and water quality monitoring program (for a five year period post construction with a written report twice a year ). Ms. Purnell recommended using the same tests for water quality, looking for any impacts relating to activities taking place, measuring the turbidity, hydro-technology, TSS ? and testing the same places as before. Mr. McNaughton said that the first test was done May 31, 2001, some testing was done for the brook on the west side; he said the question is what goes to Meeker Swamp? Ms. Purnell recommended asking Randy Bernard what, from his experience, are the best times to test the water. c. Plantings for the detention basins to help wildlife ( Mr. McNaughton said they are planting 170 trees). Ms. Purnell recommended evergreen trees be placed around the detention basins, herbaceous species inside the basins and wondered if a small lip should be built into the detention basins to avoid the basins from becoming sinks for small creatures as Dr. Klemens described. d. Ms. Purnell pointed out that the plunge pool is full of sediment and Mr. McNaughton said that he will check on this and clean the separators out and he will do the same with the catch basins. Mr. McNaughton will report in September and May (after the Spring melt) of each year and he will generate a brief report now for September.) e. Turf management - Mr. McNaughton said that he will utilize organic fertilizers. f. There is a large evergreen, northwest of the main building in Washington, which is to remain. Mr. McNaughton said that he will check but he thinks
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this tree stands outside the disturbance area. 6. Mr. McNaughton asked for a pass on # 13 because he paid Mr. Grafeda, adjacent neighbor, $25,000.00 to plant nine trees and also gave him all the excess stones from the stone walls.
Members discussed signing off on this permit given the conditions still outstanding and they reached a consensus to have Mr. McNaughton and Ms. Purnell work together on vernal pool restoration after a restoration biologist makes a site inspection and report. Mrs. Hill will write a letter to Bill Jenks, Building Inspector, stating the current status of the wetland issues and the applicants earned trust to date and giving a go-ahead for a Certificate of Occupancy.
Pending Applications
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Mrs. Hill noted that there is no new information and she asked Ms. Moquin to call Mr. and Mrs. Leddy
to ask them to submit a letter of request for an extension of the time period for their application.
Enforcement
Springer, IW-03-05 D, 85 West Morris Road, Re-construct Stone Walls/Clearing and Stumping/Top Dress Drive w/Stone.
Mr. Ajello approved this DeMinimus application.
Mayfair Properties, L.L.C., IW-03-06 D, 35 Wykeham Road, Demolish House.
Mr. Ajello approved this DeMinimus application.
Hildmann, IW-03-15, 34 Popple Swamp Road, Revision to Permit.
Mr. Ajello made a site inspection today and reported the road has been roughed in through the wetland, the stockpile area has been graded and there is a compacted course sand area with 2" conduits sticking out; he will talk to Mr. Hildmann about this.
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mr. Ajello sent a letter requesting immediate attention to the removal of invasive growth and a copy was sent to Cynthia Rabinowitz. Jacqueline Dedell, prospective buyer, contacted him about the violation.
Brown, Longview Landing, Inc., IW-02-V3, 96 Romford Road, Dam Failure.
Mr. Ajello said that he did not see any sign of dam erosion after the heavy rain and Dennis O'Sullivan, P.E. called him about a report that he is working on. Mrs. Hill said that she will pursue communication with Dr. Brown.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In and Near Wetlands.
Mr. Ajello said that Mr. Levy is still having difficulty scheduling a soil scientist.
Boies, IW-03-V7, 27 Cook Street, Deposition in Drainage Gorge, Erosion.
Mr. Ajello has not heard from Mr. Boies to date.
Wertheiner, IW-03-V11, 106 Shearer Road, logging Operation.
Mr. Ajello said that he did not make a site inspection but he will check on the intermittent stream, looking in the area close to Route 109.
Knudsen, 236 Nettleton Hollow Road.
Mr. Ajello reported that the August 4 th rainfall topped the dam and blew down the filters despite
the excellent preparation for a dredging operation which now might be done in September or next
year.
Saccamono, 67 Christian Street.
Mr. Ajello asked about guidelines to determine a DeMinimus application status, within 30' of a wetland or potential impact. Ms. Purnell suggested a discussion at the next meeting.
Worobel, 72 Painter Ridge Road.
Mr. Ajello said that Mr. Worobel wants to re-route a drainage trench outside the stone wall with a culvert under the driveway. Mr. LaMuniere and Mr. Ajello made a site inspection together and both think this requires an application. Ms. Purnell said that the water appears to be road run-off.
Administration
Mrs. Hill asked members to give their feedback on the drafted fine ordinance to Mr. LaMuniere.
Mr. Bedini called the Attorney General and received information about minutes taken during a meeting and he handed out copies of his report.
MOTION: To ADJOURN the Meeting by Ms. Purnell. All agreed at 1:30 a.m., 8-14-03.
Respectfully Submitted - Filed Subject To Approval
Katherine Moquin
Land Use Secretary
August 22, 2003
July 23, 2003
Members Present: Dorothy Hill, Charles LaMuniere, Marguerite Purnell.
Members Absent: Helen Gray, Mark Picton.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Joshua Weiner, John Van Deventer, Joseph Wanag, Brian Neff, Mercedes Mestre, Peter Bonachea, Darrell Cherniske.Dorothy Hill called the Regular Meeting to order at 7:05 p.m. on Wednesday, July 23, 2003. Members seated were Dorothy Hill, Charles LaMuniere, Anthony Bedini for Mark Picton and Candace Korzenko for Helen Gray. Mrs. Hill seated Marguerite Purnell at 7:06 p.m.
Pending Applications
Getnick, IW-03-20, 237 West Shore Road, Extend Retaining Wall & Stairs, Remove Soil.
Mrs. Hill read an application withdrawal letter dated 7-10-03, from Paula M. Getnick.
Hackney/Holiman, IW-03-28, 125 West Shore Road, Repair Stone Wall.
Mrs. Hill read an application withdrawal letter dated 7-16-03, from Shauna Holiman and Robert H. Hackney, Jr.
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Mrs. Hill read a letter dated 7-23-03 from Barbara Leddy, which said that due to a busy time they had not prepared a drawing but will submit one as soon as possible.
New Applications
Weiner, IW-03-32 E, 114, 116 Litchfield Tnpk., Farm Pond.
Joshua Weiner was present and he submitted a report with pictures dated 7-22-03, from James E. Gillespie, Certified Forester. Mrs. Hill noted that Mr. Gillespie used the 1970 U.S.D.A. Soil Survey of Litchfield County, which gives only a broad rendering of the soils present on site; Ms. Purnell noted that additional soil borings had not been done. Mr. Weiner answered the members' questions and explained the following: 1. He did not talk to Kathy Johnson, N.R.C.S. 2. The application describes the farming project including the number of trees that would be planted. 3. Planting would begin immediately; he could not plant prior to establishing a water source. 4. He will not be selling excavated soil, which would be counter to his farming enterprise as he would then have to buy soil.
Mr. LaMuniere recommended that a 15' vegetative buffer be established between new pond # 3 and Meeker Swamp. Ms. Purnell agreed with Mrs. Korzenko that the best
way to accomplish this is to leave this border undisturbed and to let it re-grow naturally from it's own seed bank.
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MOTION: To APPROVE the Exemption application Weiner, IW-03-32 E, 114 & 116 Litchfield Tnpk., Farm Pond. with the following conditions: 1. Irrigation from new pond # 3 is to be used for an ongoing farming operation in the area shown on the map, "Map of Property of Joshua M. Weiner # 110, Clifford M. Weiner # 114 & 116, Weiner Tree Farm, dated 7-23-03." 2. The area between new pond # 3 and Meeker Swamp is to be left undisturbed and allowed to stabilize naturally. 3. The time limit for evidence of planting, as submitted, is one year. By Mr. LaMuniere, seconded by Mrs. Korzenko and passed 4-1-0. Mrs. Hill voted nay as she still has reservations and questions.
Van Deventer/Maillefert, IW-03-34, 52 Roxbury Road, Wetlands Crossings.
John Van Deventer was present and he answered the members' questions and explained the following: 1. He and his sister have put the 61.982 acres on the market. The property has been partially mapped by Brian Neff, P.E; in order to utilize the wood road for prospective buyers, they propose to install one culvert and three corduroy crossings and extend the wood road to a high point ( he needs to consult with Brian Neff to determine how many feet.) 2. The optimal area to build a house is the highest point with it's sloping hillsides; they will sell the property intact and hope the buyer will do the same and build one house.
Mr. Ajello made a site visit and reported that there is an intermittent stream to cross and 3-4 drainage areas along the wood road.
The Commission will make a Site Visit on Tuesday, August 5, 2003 at 9:30 a.m.
Morse Estate, IW-03-33, 313 Nettleton Hollow Road, Construct Driveway.
Joseph Wanag and Brian Neff, Civil Engineer were present. Mr. Neff submitted a topographical map, " 15.904 Acres, Site Analysis Plan, Joseph Wanag, 313 Nettleton Hollow Road by T. Michael Alex, L.S., dated June, 2003." Referring to the map, Mr. Neff answered the members' questions and explained the following: 1. The house site is proposed for the western part of the property at the top of the hill; test holes are good. 2. Adjacent wetlands and watercourses located off the property are depicted on this map. 3. This map shows a preliminary lay-out for a driveway; the larger culvert would be used for crossing a watercourse and a second culvert used for crossing a spring; Nettleton Hollow Road decided the location of the first crossing and in order to keep the driveway grade under 15 %, it is necessary to cross the spring; there are unusual lot lines here with a small amount of level area to work with. It looks as if it is easier to access the house site from the top down but this decision is up to the Town.
Mr. Wanag said that he spoke to Elaine Luckey, First Selectman, about Potash Road, which is not formally closed and Ms. Luckey said that she would consider opening it.
The Commission will make a Site Visit on Tuesday, August 5, 2003 at 10:30 a.m.
Mestre, IW-03-35, 187 West Shore Road, Replace Dock.
Mercedes Mestre and Peter Bonachea were present. Ms. Purnell recused herself, as she sits on the Lake Waramaug Task Force with Mercedes Mestre. Mercedes and Peter answered the members'questions and explained the following: 1. They are proposing to replace an existing dock and to add a smaller, lower rowing dock (18' length,) so that
people can safely board their outriggers/sculls. The sculls would be stored right on the edge of the lake. The docks would sit apart - the taller dock would extend out 40' into the
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lake and the lower rowing dock would extend out 27'-30' into the lake. 2. The docks would be built with mahogany wood and attached to existing ledge by installing expansion shields with a steel plate on top. An anchor (a small box of concrete with stainless steel rod implants) would be attached to the docks on the water side.
Mercedes followed Mrs. Hill's direction and added the mooring details to the work sequence narrative.
Ms. Purnell returned to the meeting.
Mayfair Properties, L.L.C., IW-03-36, Woodbury Road, Construct Driveway.
Brian Neff, Civil Engineer, was present and he submitted a topographical map, "Grading and Drainage Plan, Fairfield Properties Inn, Woodbury Road (Route 47,) by Brian E. Neff, L.E., dated 7-19-03." Referring to the map, he answered the members' questions and explained the following: 1. The blue color represents wetlands. 2. The construction site for the new inn is north of the Mayflower Inn and adjacent to the tennis courts (the north side of the property is the highest point with gentle slopes) and the driveway proposed for construction would start by sharing a section of the Mayflower Inn driveway coming off of Route 47; two locations of the proposed driveway are in a regulated U.R.A.; the proposed driveway basically follows existing paths (an existing service road, an existing road to the tennis courts and an existing gravel road to the pond;) the inn construction site and septic sites (one for each building) are out of regulated areas. 3. The percentage of acreage utilized for the proposed development meets Zoning requirements. 4. There is an existing well (already drilled). The site is staked out and a silt fence is depicted on the map. This site is the best location because the rest of the property is steeply sloped; the plan includes detention systems east of the buildings to allow water run-off to filter back into the soil.
The Commission will make a Site Visit on Friday, August 8, 2003 at 9:30 a.m.
Mayflower Inn, Inc.IW-03-37, 118 Woodbury Road, Widen Existing Driveway.
Brian Neff, Civil Engineer, was present and he submitted a plan, "Soil Erosion & Sediment Control Plan, Fairfield Properties Inn, Woodbury Road (Route 47,) by Brian E. Neff, L.E., dated 7-18-03." He said that this is a plan to widen the Mayflower Inn driveway area along Route 47; details for this activity are depicted on the same map submitted for Mayfair Properties, L.L.C. IW-03-36.
Santoleri, IW-03-39, 240 West Shore Road, Construct Retaining Wall/Stone Terrace/Fence - Install Drainage Swale/Irrigation System.
Brian Neff, Civil Engineer, was present. He answered the members' questions and explained the following: 1. Proposed erosion controls and setbacks are depicted on the plan, "Santoleri, 240 West Shore Rd,, New Preston, CT., Landscape Alterations by Carol Santoleri, dated 7-18-03." 2. There is an existing terrace of grass, which would be re-constructed with paving stone. 3. A 30" high retaining wall would be built in the north area behind the house and fill placed behind the wall to change the grade; the building code requires a railing for walls over 30". 4. A drainage swale would be installed in the front of the house and connected to an existing curtain drain, which lies above the septic system; the drainage swale would be a path for storm water flow, as there is a ponding' problem in this area. 5. Measurements for irrigation systems in the front and back yards are on the application form.
The Commission will make a Site Visit on Friday, August 8, 2003 at 8:30 a.m.
Duchin, IW-03-38, 6 Church Street, Construct Terraces/Fountain/Stone Steps - Re-build Fence/Wall/Steps.
Darrell Cherniske, Kent Horticultural Services, was present and he submitted pictures and a color-coded plan, "Site Concepts, Duchin Residence, 6 Church Street by Kent Designs, dated August, 2002." Referring to the plan, he answered the members' questions and explained the following: 1. Natural field stone and gravel with 6" steel edging would replace an existing bluestone terrace and light grass area (depicted in yellow;) the terrace pitch is planned for 1/8" per foot (the reason for the steel retainers;) every part of this property slopes down. Fieldstone with 3"- 4" of stone dust (placed starting at the bottom and working backward / workers would use a plate compactor) would replace another existing bluestone terrace (depicted in orange.) 2. A large landing stone staircase would be built with 4' high field stones to access the property. 3. A three tiered, closed system fountain would be installed with water cascading into a plastic base container (auto-fill / re-circulates.) 4. Ornamental boulders would be placed to shore up an area depicted in green. 5. An Adirondack style fence with cedar posts would replace the existing aluminum fence (hollow tubing) which sits along the precipice and a large stone retaining wall would be built there in a position pulled in from the edge. 6. A silt fence is proposed along the entire lower perimeter and hay bales would be placed where applicable.
Ms. Purnell wondered if the surface of the proposed terraces was more impervious than hard-packed ground with grass. Mrs. Hill noted that the compaction occurring on a terrace would not be the same as using a driveway.
The Commission will make a Site Visit on Friday, August 8, 2003 at 9:00 a.m.
Pending Applications
Mann, IW-03-31, 51 Calhoun Hill Road, Enclosed Porch.
Brian Neff, Civil Engineer, was present and he said the setback between the house and the pond was approximately 92'. Ms. Purnell noted that the Commission thoroughly discussed this "almost a De Minimus application" at the last meeting and she does not see the possibility for long term impacts to occur.
MOTION: To APPROVE the application Mann, IW-03-31, 51 Calhoun Street, Enclosed Porch as submitted. By Ms. Purnell, seconded by Mrs. Korzenko and passed 5-0.
Enforcement
Hildmann, IW-03-15, 34 Popple Swamp Road, Construct Drive and Horse Riding Ring - Revision.
Brian Neff, Civil Engineer, was present. Mr. Ajello reported: 1. The Hildmanns informed him that their contractor Mr. Lowe has completed the stock pile removal and wants to install another catch basin to drain this area. 2. Some clearing has been done in the area along the road in front of the barn. Ms. Purnell requested a plan for a revision to add a catch basin and expressed her concern about directing water from a point source outlet, which increases water velocity and she recommended changing the grade as a solution. Mr. Neff will contact the Hildmanns.
New Applications
Dedell, IW-03-02 D, 45 Upper Church Hill Road, Construct Pergola, Screened Porch, Arbor / Install Pool Fence, Driveway Fence.
Mr. Ajello said that he approved this De Minimus application.
Saccomano, IW-03-04 D, 67 Christian Street, Re-route Driveway.
Mr. Ajello said that he approved this De Minimus application, which proposed a curving the driveway farther from possible wetlands and depositing gravel. Ms. Purnell thought that due diligence required the Commission to review this '30 feet' from the wetlands' activity via a full application; she said that activities considered De Minimus within 50'- 75' from wetlands could be a slippery slope' to a situation in which the Commission would be held libel. Mrs. Hill did not agree with Ms. Purnell and thought this activity would cause only minimal impact.
Members will make individual Site Visits before the next meeting.
Guliano, IW-03-03 D, 19 Winston Drive, Re-trench & Armor Drainage Swale.
Mr. Ajello said that he approved this De Minimus application.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mr. Ajello said that Mr. Beck told him that he would remove the invasives this Autumn. Members reviewed a letter sent to Mr. Beck, dated June 30, 2003, which directed the invasives to be removed as soon as possible. Members realized Cynthia Rabinowicz, Biologist, was likely busy but they are concerned about garlic/mustard going to seed and the rose and barberry bushes going to berries, which would be spread by birds. And members expressed a determination to enforce their enforcement orders.
Mr. Ajello will send a letter to Mr. Beck telling him to comply with the Commission's letter of June 30, 2003 and to complete the work of removing the invasives by September 1, 2003.
Brown, Longview Landing, Inc., IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill said that she does not think the Commission is quite at the stage of court action and Elaine Luckey, First Selectman, agrees with her. Mrs. Hill wrote a letter to Dr. Brown informing him that the Commission will proceed with court action if he continues to ignore their requests for a professional engineering plan of his dam. Mrs. Hill will call Atty. Michael Zizka, vacationer, again.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mrs. Hill made a site visit today - no one was working at the time and she did not observe any sediment forming from the rain. She said that the wetland boundary stakes north of the pond come close to the wood road and trees and she wondered if the trees might be cut and the road might disappear; she wondered if there is merit to digging out this area all the way back. Mr. Ajello said that the trees would not be cut because they are standing at the original grade and he thought there would be no harm in digging back to the stakes. Ms. Purnell said that a wood road going through the wetlands existed in the past and before the filling was done.
Mr. Ajello reported: 1. The previous soil level is obvious, as soil characteristics are easily evident; the excavator is aware of his charge. 2. The grade in the field is 6' higher from the spread material and rocks are being stockpiled in the field. 4. He did not see Curtis Smith during his site visits. Mr. Ajello will call Curtis Smith to confirm his daily supervision of this work.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing.
Atty. Arthur Weinshank sent a letter, dated July 21, 2003 requesting the permit to be transferred to his wife's name.
MOTION: To TRANSFER Permit # IW-02-54 from Fairbairn to Deborah Weinshank. By Ms. Purnell, seconded by Mrs. Hill and passed 5-0.
MOTION: To RE-LEASE Notice of Violation Fairbairn IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing, from the Land Records. By Mrs. Korzenko, seconded by Mr. LaMuniere and passed 5-0.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In or Near Wetlands.
Mr. Kady called and spoke to Mrs. Hill on the phone today; he is finding it difficult to enlist a soil scientist because of very busy schedules; she asked him to please keep the Commission informed and to push for a soil science report. Mr. Kady also called Mr. Ajello to explain his situation and Mr. Ajello encouraged a constructive climate.
Brodie, IW-03-V8, 17 Wheaton Road, Dirt Bike Track Thru Wetlands.
Goutiere, IW-03-V10, 33 Wheaton Road, Dirt Bike Track Thru Wetlands/Clearing in Regulated Area/Interruption of Water Course.
Mr. Ajello called Ms. Brodie and Ms. Goutiere this evening; they do not have a written plan but they have kept their boys out of the wetlands; ; they want to leave the logs in place for crossing in the future; Ms. Goutiere's son cleared the stream as directed. Mr. Ajello told them that the Commission is waiting for a written plan as specified during the meeting of June 11, 2003.
Boies, IW-03-V7, 27 Cook Street, Deposition in Drainage Gorge, Erosion.
Mr. Ajello reported that there is no new information. Members discussed whether a full application is required and decided to let Mr. Boies continue with the gorge clean-up without the structure of an application.
Wertheiner, IW-03-V11, 106 Shearer Road, Logging Operation.
Mr. Ajello called Judd White, D.E.P. Forester, and faxed him copies of the original permit; Elaine Luckey, First Selectman, is preparing a logging ordinance to establish a term of one year for logging permits and an extension provision of a six months.Mr. Ajello will send a notice of violation to Mr. Wertheimer.
E.O. Report
Deveraux-Glenholm School, Sabbaday Lane.
Mr. Ajello left a message with Mr. Fitzherbert to have Brian Neff, P.E. submit a proposal.
Feldman/Frater, 123 West Shore Road.
Mr. Ajello said that they are asking if they can put in sand for a play area by the stone wall. Members said no, that the only exceptions to putting sand near the lake were for the Town beach or other similar situations.
Montessori School, IW-01-08, 240 Litchfield Tnpk.
Mr. Ajello said that the contractor is approaching the time when he will request a certificate of occupancy'. Ms. Purnell said that first the vernal pools need to be restored according to a condition of the permit; she said it was important to honor the previous Commission's directive and if it is not followed could render the permit null and void.
The Commission will make a Site Visit on Tuesday, August 5, 2003 at 8:30 a.m.
Knudsen 236 Nettleton Hollow Road.
Mr. Ajello reported that the pond dredging permitted four years age is being done now and Eric Nelson, Contractor, intends to drain the pond, repair the dam and re-fill the pond slowly; He recommended a second filtration barrier to be installed in-stream and this is being done.
Madoff, IW-02-42, 241 West Shore Road
Mr. Ajello said the fence installation is a Zoning issue.
Consideration of Minutes
Regular Meeting - June 25, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting of June 25, 2003 as amended. By Ms. Purnell, seconded by Mr. Bedini and passed 5-0.
The corrected/amended minutes are attached to the end of these pages.
Regular Meeting - July 9, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting of July 9, 2003 as amended. By Mrs. Korzenko, seconded by Mr. Bedini and passed 5-0.
The corrected/amended minutes are attached to the end of these pages.
Old Business
La Verge, 226 Bee Brook Road.
Mrs. Hill said that they asked to submit the same information used for previous permit to construct a bridge; she told them to submit new copies because it is much too late for an extension.
Quatrano, IW-02-10
Elaine Luckey, First Selectman, is requesting the Commission to send a violation notice about the lake shore line activity taking place without a permit; Mrs. Hill and Mr. Ajello will write the letter.
Sheinfeld, IW-02-61 ATF.
Mrs. Hill wrote to Mr. Sheinfeld concerning the consultant fee due and asked Dirk Sabin, L.A. to talk to Mr. Sheinfeld about the address confusion (#110 or #112.)
Randall, 53 River Road, Request Release - Enforcement Order from Land Records.
Mrs. Hill said that this is a complicated business and they will address it at the next meeting.
Administration
Mrs. Hill urged members to attend this Friday night's meeting for the Plan of Conservation and Development 2003.
MOTION: To ADJOURN the meeting by Ms. Purnell. All agreed at 12:24 a.m., 7-24-03.
Filed subject to approval
Katherine Moquin, Land Use Secretary
August 1, 2003
July 9, 2003
Members Present: Dorothy Hill, Helen Gray, Charles LaMuniere, Mark Picton, Marguerite Purnell.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Jill and Michael Lloyd, Dirk Sabin, Brian Neff, Josh Weiner.Dorothy Hill called the Regular Meeting to order at 7:05 p.m. on Wednesday July 9, 2003. Members seated were Dorothy Hill, Helen Gray, Charles LaMuniere, Anthony Bedini for Mark Picton, and Candace Korzenko for Marguerite Purnell.
Mr. LaMuniere reported the following candidates had been selected by the Nominating Committee_______: Dorothy Hill to remain Chairman for one year; Robert Weber to become an Alternate Member; Mark Picton to become a Regular Member and Vice-Chairman.
MOTION: To CLOSE the Nominations for 2003-4 portion of the meeting. By Mrs. Gray, seconded by Mrs. Korzenko and passed 5-0.
MOTION: To ACCEPT the Nomination of Dorothy Hill as Chairman and Mark Picton as Vice-Chairman / Regular Member and Robert Weber as Alternate Member. By Mr. LaMuniere, seconded by Mrs. Korzenko and passed 5-0.
Motion to Add Business Not on the Agenda
MOTION: To ADD Wertheimer, 106 Shearer Road / Logging Operation to the Agenda under Enforcement. By Mrs. Hill, seconded by Mr. LaMuniere and passed 5-0.
Mrs. Hill seated Mark Picton and Marguerite Purnell at 7:10 p.m.
Pending Applications
Lloyd, IW-03-22, 149 Whittlesey Road, River Protection/Armoring.
Jill and Michael Lloyd and Dirk Sabin, Landscape Architect were present. Mr. Sabin submitted a revised map, "Proposed Lawn Expansion and Boulder Shore Protection, Jill & Michael Lloyd, 149 Whittlesey Road by Dirk W. Sabin, L.A., dated 5-7-03 and revised 7-9-03," which depicts and numbers the areas to be armored per the Commissions site visit of July 8, 2003. Mr. Sabin answered the members questions and explained the following: 1. The boulders would be placed by hand; machine placement of boulders would occur only in the area ______around the deck ( 45' length.) 2. An estimate of the percentage of shoreline to be armored is approximately 100' (25% Shepaug River frontage) and 120' (25% Bantam River frontage.) 3. The stone steps are proposed at 3-4' wide for weight and stability. 4. The high water mark reached approximately 1/3 up the face of the rocks.
Members reviewed the report, dated June 19, 2003, by Don Mysling, D.E.P. Biologist and Todd Bobowick, U.S.D.A./ N.R.C.S.
Lloyd con't:
Mrs. Hill read a letter from Atty. Robert Fisher, dated July 9, 2003, recommending a vote of approval for this application.
Mrs. Korzenko encouraged the restoration of the peninsula, located at the confluence of the two rivers. Mr. LaMuniere recommended leaving the large boulders in place, not shifting them, at the top edge of the Shepaug River bank in the lawn area. Mr. Picton recommended leaving the duff (leaf litter ) under the Hemlock trees and not excavating the river banks for boulder placement. Some members agreed that the armoring is not necessary except to support the deck area ____________________.
Mrs. Gray recused herself as she did not make a site visit. Mrs. Hill seated Candace Korzenko.
MOTION: To APPROVE the application Lloyd, IW-03-22, 149 Whittlesey Road, River Protection / Armoring as submitted and revised on 7-9-03. By Mrs. Korzenko, seconded by Mr. LaMuniere and passed 3-2. Ms. Purnell voted nay because it is a natural river function and based upon experience, she thought the placement of boulders into the banks of the Shepaug and Bantam Rivers will cause the long term loss of riparian habitat and possibly contribute to erosion and she would like to see a modified version of the proposed plan along with a portion to be done first as an experiment. Mr. Picton voted nay because in his opinion, a sizable amount of the proposed armoring is unnecessary and the approach overdone and he agrees with Ms. Purnell's statements.
Mrs. Hill reseated Helen Gray.
New Applications
Mann, IW-03051, 51 Calhoun Hill Road, Construct Enclosed Porch.
Brian Neff, Civil Engineer, was present and he explained that the old porch would be demolished and a new porch would be built on the same footprint but on top of a basement ( excavation would be done); the porch sits at 90' from the pond.
Mr. Ajello reported that there are continuous and heavily vegetated gardens between the house and the pond, so he does not see the possibility of sediment reaching the pond.
Pending Applications
Getnick, IW-03-20, 237 West Shore Road, Extend Retaining Wall & Stairs.
Mr. Ajello said that he talked to Mr. Getnick about the application time limit and Mr. Getnick told him that he is reconsidering this project.
Hackney/Holiman, IW-03-28, 125 West Shore Road, Repair Stone Wall.
Mr. Ajello said that he left a message requesting more information.
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Ms. Purnell read the July 8, 2003 Site Inspection report, which included the following: 1. The proposed terrace would run the length of the house. 2. A retaining wall is needed. 3. There is a small depression on the east side of the driveway and an alternate way to handle this would be to grade this area to produce a sheet-flow of water. Mrs. Hill noted that Mr. Leddy agreed to submit more detailed plans.
Danion, IW-03-30 ATF, 25 Wheaton Road, Restoration Stream Bank / Planting / Reconstruct Bridge.
Mr. Ajello reported that the trees have been planted. Ms. Purnell noted that anything planted along the stream is ecologically better than grass and that it is not clear who created the lawn.
MOTION: To APPROVE the After the Fact application Danion, IW-03-30 ATF, 25 Wheaton Road, Planting in Wetlands as submitted. By Ms. Purnell, seconded by Mrs. Gray and passed 4-1. Mr. LaMuniere voted nay because he thinks that the submitted planting plan is minus sufficient details and that the Commission should make a site inspection; in these regards, he believes the Commission has not achieved an approach consistent with other applications.
Buttfield, IW-03-01 D, 159 Woodbury Road, Addition of Shed Dormers.
Mr. Ajello reported that he approved this De Minimus application
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mrs. Hill sent a letter to Conn. Soil directing that invasives be cut back by hand.
Brown, Longview Landing Inc., IW-02-V3, 96 Romford Road, Dam Failure.
Members agreed to explore taking Dr. Brown to court because of longstanding non-compliance with requests to a final detailed engineering design for permanent dam repair. Mrs. Hill will speak to the Board of Selectman and follow up with a letter to the Selectmen ( Cc: Dr. Brown and Atty. Michael Zizka.) Members noted that Dr. Brown could end court proceedings at any time by submitting to their requests.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mr. Ajello said that he had not received the start card to date and he will make a site visit.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing.
Mrs. Hill will call Arthur Weinshank, new owner of the property, to ask him to proceed with transferring to his name the permit and then the Commission will release this violation from the Land Records.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In and Near Wetlands.
Mrs. Hill noted that no new information has been submitted to date.
Weiner, IW-03-02 E, 110 Litchfield Tnpk. Revision/New Location Pond # 3.
Josh Weiner was present and he explained that this is a family farm and the area, planned for irrigation from the newly located pond # 3, is the last part of the farm to be developed; there has always been sand at this site.
Members pointed out that the permit was issued for a different piece of property and that he needed to establish for the record that this new pond is part of his farming operation; he could do this with a new application and a planting plan. Members noted that Meeker Swamp is a very important resource and because Meeker Swamp is adjacent to this site, they requested a soil science report and recommended a consultation with Kathleen Johnson, N.R.C.S., who is an Agricultural expert. Ms. Purnell explained that an agricultural exemption does not include an alteration of the indigenous character of the site.
Weiner con't:
Mr. Picton noted that only a test hole had been dug for the original pond # 3. At Mrs. Hill's request, Mr. Weiner depicted the test hole on the drawing, " Map of Property of Joshua M. Weiner, Pond Sites," and signed it. Mr. Weiner pointed out that the test hole revealed that no water existed at an acceptable depth and it would be counter productive to dig deeper there as the result would be the loss of the whole end of the field as a planting site.
MOTION: To DENY the Revision to the Exemption Permit Weiner, IW-03-02 E, 110 Litchfield Tnpk., Revision / New Location Pond # 3, because the new pond exists on a different piece of property and therefore requires a new application and because an agricultural use has not yet been proven. By Mr. Picton, seconded by Ms. Purnell and passed 5-0.
Brodie, IW-03-V8, 17 Wheaton Road, Dirt Bike Tract Thru Wetlands.
Goutiere, IW-03-V10, 33 Wheaton Road, Dirt Bike Tract Thru Wetlands/ Clearing in Regulated Area/ Interruption of Water Course.
Mrs. Hill noted that nothing new has been submitted to date. Mr. Ajello will call Ms. Brodie and Ms. Goutiere.
Boies, IW-03-V7, 27 Cook Street, Deposition in Drainage Gorge, Erosion.
Mr. Ajello reported that Mr. Boies agreed to the Commission's requests and he will clean out the gorge in late July / early August and then install riprap at the pipe outlet and follow-up with a planting plan for the gorge banks.
Wertheimer, IW-03-11, 106 Shearer Road, Logging Operation.
Mr. Ajello reported the following: 1. The Town collected a Bond for a logging operation/ permit at this site in 1999 and the logging continued until recently; the skidder is now broken down and sitting on site. Mr. Schuler does not appear to be a professional forester, his name is not in the State of CT. Directory of Certified Forest Practitioners. 2. An intermittent stream winds through the center of the logging site and wood, modular bridge sections remain to form crossings in 3-4 places. Activity did not take place near the pond. 3. He talked to Elaine Luckey, First Selectman; previously, a system had not been in place to sign off completed work; there needs to be a termination date on the timber harvest permits.
Mr. Ajello will call the State Forester and he will send an investigatory Letter of Enforcement to Alain Wertheimer.
Enforcement Officer's Report
Anderson/ DeSimone, Sunset Lane
Mr. Ajello reported that there is a man-made drainage trench on Sal DeSimone's property, which is used by the Anderson neighbors and the Town as well. He consulted with Janet Hill, Zoning Officer, Elaine Luckey, First Selectman and Roger Canavarro, Road Crew Foreman. The drainage area has become a wetland and is causing problems between the neighbors.
Deveraux - Glenholme School, Sabbaday Lane.
Mr. Ajello reported the following: He met with Gary Fitzherbert, School Agent, for a preliminary discussion about a field drainage plan; there is a well sitting on high ground 50' from a wetland pocket in a field; the school is worried about the artesian well being
Deveraux - Glenholme School con't:
flooded - there is an electric box, sitting a few feet lower than the well-head, that has been flooded; there is a buried 100-150' drainage pipe running through the field and around the well that exits into wetlands - drainage comes from a culvert sitting under the road.
Mrs. Hill pointed out that first this situation needs to be investigated by the Health Dept.
Mr. Picton ventured that planting iris in the wetland pocket might be the better than draining it. The Commission will make individual Site Visits before the next meeting.
Jackson, 69 Wykeham Road.
Mr. Ajello reported that an application is being prepared to propose a garage construction.__________________________________________________
Lecher / Lake Waramaug Task Force, West Shore Road.
Mr. Ajello reported that planting is being done but the ruts remain the same. Ms. Purnell said that the ruts will be repaired.
Morrill, 84 & 88 Gunn Hill Road.
Mr. Ajello reported that trees were being cut near the wetland boundary and he instructed the contractor to limit the clearing and not to cut even dead wood in the wetlands; the permitted line of clearing is not delineated on the plans. Ms. Purnell requested photos of the area.
Pullaro, 23 Calhoun Street.
Mr. Ajello reported that there is a silt fence and a row of hay bales between construction and Canoe Brook; the volunteers are using a two-man, hand-held post hole digger.
Consideration of Minutes
Site Inspections re: Lloyd IW-03-22 / Leddy IW-03-29 / Weiner IW-03-02 E - July 8, 2003.
MOTION: To ACCEPT the Minutes of the Site Inspections - July 8, 2003 re: Lloyd IW-03-22 as written, Leddy IW-03-29 as amended and Weiner IW-03-02 E as written. By Mrs. Hill, seconded by Mr. LaMuniere and passed 5-0.
Administration
A brief discussion was held concerning jurisdiction of Town Commissions. Mrs. Hill encouraged cooperation between them.
MOTION: To ADJOURN the Meeting by Mrs. Gray. All agreed at 10:40 p.m.
Respectfully submitted, filed subject to approval.
Katherine Moquin
Land Use Secretary
July 18, 2003
June 25, 2003
Members Present: Dorothy Hill, Helen Gray, Charles LaMuniere, Marguerite Purnell.
Members Absent: Robert Weber.
Alternates Present: Anthony Bedini, Candace Korzenko, Mark Picton.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Dirk Sabin, Brian Neff, Barbara and Robert Leddy, Gail Danion, Josh Weiner.Dorothy Hill called the Regular Meeting to order at 7:04 p.m. on Wednesday, June 25, 2003. Members seated were Dorothy Hill, Helen Gray, Charles LaMuniere, Anthony Bedini for Marguerite Purnell and Mark Picton for Robert Weber.
Motion to Add Business Not on the Agenda
MOTION: To ADD to the Agenda Sheinfeld IW-02-61 ATF under Enforcement, Report of the Nominating Committee under Administration, After The Fact applications re: Revision to Regulations under Administration and Weiner IW-03-02 E (Revision) under Enforcement. By Mrs. Hill, seconded by Mr. Picton and passed 5-0.
Mrs. Hill seated Marguerite Purnell at 7:10 p.m.
Pending Applications
Maury/Cady, IW-03-10, 67-79 Carmel Hill Road, Property Line Revision & Site Development.
Dirk Sabin, A.S.L.A., was present.
Each member read their notes and discussed their considerations and conclusions. All agreed on the following: 1. Dirk Sabin did an admirable job, both with his presentations and his response to the Commission's requests; the great amount of time and effort put forth was noted. 2. This property is an unusual and valuable natural resource, including a fragile headwater, vernal pool ecosystem, a pristine wetlands/ the last undisturbed headwater wetlands left in Washington and part of a large contiguous forest; the Commission's assignment is to first protect wetlands and watercourses and members needed to approach this decision in the same manner used for other applications. 3. Considerable potential exists for negative immediate and long term impacts; a loss here could not be reversed; a proposed Conservation Easement is not enough of an offset and a resource management plan would be exceedingly difficult to enforce during future years. this property, if divided into six lots of three acres apiece and each lot cleared completely, the result would be eighteen cleared acres as opposed to the proposed clearing of twenty-one acres. 4. There are feasible and prudent alternatives not yet explored, for instance - this property, if divided into six lots of three acres apiece and each lot cleared completely, the result would be eighteen cleared acres as opposed to the proposed clearing of twenty-one acres. 5. There remains unknowns, information gaps which might be important for Commission members to consider.
The notes from each member were submitted into the file for the record.
Maury/Cady con't:
MOTION: To DENY the application Maury/Cady, IW-03-10, 67-79 Carmel Hill Road, Property Line Revision & Site Development for the following reasons, which are not all inclusive; refer to the Public Hearing record:
1. The site is unusually valuable ecologically and insufficient effort has gone into avoiding activities in the most valuable areas, the wetlands and associated surrounding habitat areas. Refer to Dr. Michael Klemens' report dated 5-13-03. The site is identified in the Connecticut Natural Diversity Database and Map (# 37 in Public Hearing file material list) as an area of statewide special concern.
2. Considerable potential exists for immediate and long term adverse impacts from the proposed activities on wetland resources on the property and those downstream. Examples of immediate or short impacts are the likelihood of turbidity and sediment movement and the loss of some species during the clearing and construction. Examples of long term impacts are a faunal shift due to habitat changes and alteration of the natural, indigenous character of onsite wetlands.
3. The mitigation proposed for this adverse impact (example, the conservation easement, meadow buffers and the bio-filter; these first two examples are difficult to monitor and/or enforce) is not sufficient to clearly offset the certain and potential damage.
4. Insufficient information has been submitted on the nature of certain aspects of the application to determine whether the plan can be carried out without additional adverse impacts. Examples are the multiple dams in the watercourse on Lot 1, the conservation easement and the environmental management plan (which has not been provided.)
5. Insufficient consideration has been given to alternatives to the proposed activities, which would not involve significant alteration of wetlands and nearby upland review areas. Examples of possible alternatives are: No ponds, relocated ponds, water features outside of wetlands, less lawn, concrete cistern for fire protection, no clearing for meadow/orchard proposed, alternate uphill location for the Lot 1 drive, relocation of tennis courts and pools out of the Upland Review Area.
By Mr. Picton, seconded by Mrs. Gray and passed 5-0.
Lloyd, IW-03-22, 149 Whittlesey Road, River Protection/Armoring.
Dirk Sabin, Landscape Architect, was present. Members discussed a report, dated June 19, 2003, submitted by Don Mysling, D.E.P. Biologist, who along with Todd Bobowick, U.S.D.A./N.R.C.S., made a site inspection on June 10, 2003 in the company of Dirk Sabin, Anthony Bedini, Candace Korzenko, Mark Picton and Michael Ajello. Mr. Mysling and Mr. Bobowick observed minor undercutting beneath several large trees along the banks of both the Bantam and Shepaug Rivers and in their opinion the proposal to excavate the river banks and place boulders is quite extreme; they recommended hand placing of smaller boulders beneath undercut trees and hand placed boulders around the piers with low growing shrubs to the river bank instead of lawn; they also recommended restoration of the peninsula area at the confluence of the two rivers, which is "maintained as manicured lawn - this has created sterile near shore and riparian habitat."
Dirk Sabin answered the members' questions and offered the following changes to his proposal: 1. He withdraws working from the stream bed and instead proposes to heel-in boulders at the edge of the rivers in areas where low hanging trees are obviously undercut; this would be done by hand and with a wheelbarrow during average flow conditions (6" to 1' lower than current water level;) some boulders would be placed by hand under the deck ____ by working from above and low bush blueberries would be planted as a buffer (shrubs at the top of the bank and rocks on the slope of the bank.) 2. The purpose for the
Lloyd con't:
armoring is to prevent damage to the banks during a big storm and to save a few large trees.
Members expressed concern about changing river dynamics (potential erosive eddies and currents downstream, changing habitat areas and removing approximately 1/2 yard of bank soil per one yard boulder and pointed out that the condition of these river banks shows the natural function of these riparian systems; they agreed that restoring the peninsula is important and planting low bush blueberries in place of lawn is beneficial.
The Commission will make a Site Visit on Tuesday, July 8, 2003 at 9:00 a.m.
Dirk Sabin will talk to the owners and during the site visit, he will flag areas in the field and depict the flags on the plans.
Jepsen/Dore, IW-03-25, 144 East Shore Road, Repair Stone Wall.
Brian Neff, Civil Engineer, was present and he submitted plans including a work sequence, "Soil Erosion & Sediment Control Plan, Jepsen & Dore Boathouse Renovation, 144 East Shore by Brian E. Neff, P.E., dated 6-10-03." Mr. Neff answered the members' questions and explained the following: 1. The job would be done by hand and the soil taken out in buckets. A note is on the plan to say the concrete would be mixed in a tub. The material pile location is on the plan. 2. The building would be conforming to the existing footprint and have the same height. There would be a 3 1/2 high concrete footing, 3 1/2 high , so it will be below the frost line and the back wall would be re-done. Temporary braces would be taken out and steel supports put in and extended out from the land and anchored in the concrete wall with existing rocks also used as support; nothing would be put in the water. 3. It is possible to work by hand around the tree.
Members requested the following: 1. A tarp be placed under the construction to catch any falling debris. 2. No excavation is to be done in the water. 3. The work area to be limited to the areas of structure shown on the plan. 4. If possible, the old concrete debris is to be removed from the water. Mr. Neff said that he will put these requests on the plans for the contractor and submit the revised plans.
MOTION: To APPROVE the application Jepsen/Dore, IW-03-25, 144 East Shore Road, Re-build Boat House with the following conditions: 1. A tarp is to be used underneath the construction to catch falling debris. 2. The work area is to be limited to those areas of existing structure shown on the plan. By Ms. Purnell, seconded by Mrs. Gray and passed 5-0.
New Applications
Leddy, IW-03-29, 82 Baldwin Hill Road, Remodel House/Enlarge Patio.
Barbara and Bob Leddy were present and they answered the members questions and explained the following: 1. They propose to put a 384 sq. foot addition on the house. The rotting deck would be removed and replaced with a slate patio, which would be lower and 8' larger toward the pond (20' out from the house and within the upland review area at approximately 92' from the pond.) 2. The footing drains would be repaired; the grade is gentle. 3. Thick earthy vegetation and moss exist between the house and the lawn.
Members requested the following be put on the plans: 1. Sedimentation and erosion controls/ silt fence. 2. A construction sequence. 3. A stock pile location. Mr. Leddy depicted the stock pile location on the driveway and silt fence location, signed and dated it.
Leddy con't:
Mr. Ajello recommended placing a curtain drain to run parallel to the garage doors and connect it to the existing drain with an outlet in the lawn; Mr. Leddy will submit plans at the next meeting.
The Commission will make a Site Visit on Tuesday, July 8, 2003 at 10:00 a.m.
Danion, IW-03-30 ATF, 25 Wheaton Road, Restoration Stream Bank / Planting / Reconstruct Bridge.
Gail Danion was present and she submitted a drawing, dated 6-25-03, which showed the proposed location for planting spruce, willow and Red Maple trees, willow shrubs and lilies; she said that she can transplant ferns at a later time. Mr. Ajello noted that the upper holes exist above the brook and the lower holes exist in apparent wetland soils. Ms. Danion pointed out that the fence is the property line.
Members agreed to allow the planting to proceed as better protection for the brook than leaving open holes.
Mr. Ajello pointed out that the bridge replacement would be a simple procedure of picking up the old one and setting down the new one.
Enforcement
Weiner, IW-03-02 E, 110 Litchfield Tnpk., Revision.
Josh Weiner was present and he answered the members questions and explained the following: 1. He is letting the field dry out before moving the material piles; erosion controls are in place. 2. The purpose for the new pond location is for better use of space; the ponds are used for irrigation and a hose interweaving between the trees is not practical at a 300' length; this new #3 pond is key for getting water to the field where he plans to begin planting fruit trees. 3. Pond's #1&2 were originally dug out to obtain sand for the Route 25 construction; he submitted 1940's aerial photos that documents this; his father bulldozed in these ponds and now he is trying to restore them. Mr. LaMuniere noted that new pond #3 sits just 10' from Meeker Swamp and contains 100% fine flood plain sand.
The Commission will make a Site Visit on July 8, 2003 at 10:30 a.m.
Pending Applications
Getnick, IW-03-20, 237 West Shore Road, Extend Retaining Wall & Stairs, Remove Soil.
Mrs. Hill noted that nothing new had been submitted to date.
Hackney/Holiman, IW-03-28, 125 West Shore Road, Repair Stone Wall.
Mrs. Hill noted that nothing new had been submitted to date. Mr. Ajello will contact them to find out the status of the application.
Washington Montessori School, IW-01-08, 240 Litchfield Tnpk., Revision to Permit.
Mrs. Hill read the letter of request, dated 6-18-03, for a revision to move the head and toe of the slope located east of the gym and south of the classroom; members reviewed the proposed revision depicted on a portion of a map.
Washington Montessori con't:
MOTION: To APPROVE the Revision to the Permit Washington Montessori School, IW-01-08, 240 Litchfield Tnpk. By Ms. Purnell, seconded by Mrs. Gray and passed 5-0.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mrs. Hill said that she left a message for Mr. Beck about removing the invasives.
Brown, Longview Landing Inc., IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill noted that nothing new had been submitted to date and that the letter of denial for application Brown IW-03- 09 had been sent.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mr. Ajello reported that work had not started because of rainy weather.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetlands Crossing.
Mrs. Hill and Mr. Picton informed Town Atty. David Miles about the deed and Atty. Miles added language to the deed to state specifically and with dates that the right of way was permitted by the I.W.C. Atty. Arthur Weinshank recorded the deed and mylar map with the Town Clerk. Mrs. Hill will submit copies into the file and at the next meeting call for a vote to lift the permit violation off the Land Records.
Levy/Kady, IW-03-V6, 129 Wykeham Road, Deposition In or Near Wetlands.
Mr. Ajello reviewed the application approach with Mr. Kady and told him that a soil science report is necessary.
Brodie, IW-03-V8, 17 Wheaton Road, Dirt Bike Tract Thru Wetlands.
Goutiere, IW-03-V10, 33 Wheaton Road, Dirt Bike Tract Thru Wetlands/Clearing in Regulated Area/Interruption of Water Course.
Mrs. Hill noted that nothing new had been submitted to date.
Boies, IW-03-V7, 27 Cook Street, Deposition in Drainage Gorge, Erosion.
Mr. Ajello recommended that the work of removing debris be done by hand and noted that the difficulty is caused by the steepness of the gorge slopes. Mr. Ajello will write to Mr. Boies to request a plan to remove the gorge debris, doing the work by hand, as much as possible; install riprap at the pipe outlet and offer his help to stabilize the bank.
Sheinfeld, IW-02-61 ATF, 112 Lower Church Hill Road, In-ground Pool, Modify Deed Restrictions.
Mr. Ajello reported that the pool pump and air filter were moved to the location of the compressor and that a pile of sand stands ready for bedding the pipes after an inspection by the building inspector.
Mrs. Hill explained that Atty. Michael Zizka advised that a neighbor filing a jurisdictional legal action could invalidate permits with an invalid address; she will investigate to find correct address, # 110 or # 112 Lower Church Hill Road.
Rumsey Hall School, IW-03-01, 201 Romford Road, Reconstruction of Dormitory Building.
Mr. Ajello reported that the cloudy water going to Bantam River from the excavation site was quickly remedied by adding stone to the bottom of the pipe inlet and now the water runs clean; the silt fence is perfect.
Surnow/Kyte, IW-02-55, 170 Church Hill Road, Clean Pond.
Mr. Ajello reported that clearing has been done to prepare for pond cleaning and storm damage but a start card has yet to be submitted.
Lecher, IW-03-11, 97 West Shore Road, Shoreline Planting.
Mr. Ajello reported that there are ruts in the roadside area. Ms. Purnell explained that the Lake Waramaug Task Force meeting reviewed the driving that took place in the area planned as a wildflower meadow; the area will be re-graded, additional plantings will be done and some changes made to handle road run-off.
Wertheimer, 106 Shearer Road
Mr. Ajello said that the State Forestry Service contacted Dorothy Hill about timber harvesting; Mr. Ajello has an appointment on Friday, June 27, 2003, with Mr. Johnson, Caretaker. Mrs. Korzenko noted that this property is for sale.
Consideration of Minutes
Regular Meeting - May 28, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting - May 28, 2003, as amended. By Mrs. Hill, seconded by Ms. Purnell and passed 3-0-2. Mrs. Gray abstained as she did not attend the hearing; Mr. LaMuniere abstained as he did not review the minutes.
Public Hearing re: Maury/Cady IW-03-10 - June 11, 2003.
MOTION: To ACCEPT the Minutes of the Public Hearing re: Maury/Cady IW-03-10 - June 11, 2003, as amended. By Mrs. Hill, seconded by Ms. Purnell and passed 5-0.
Regular Meeting - June 11, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting - June 11, 2003, as amended. By Ms. Purnell, seconded by Mrs. Hill and passed 5-0.
Show Cause Hearing - June 11, 2003
MOTION: To ACCEPT the Minutes of the Show Cause Hearing - June 11, 2003, as amended. By Mrs. Hill, seconded by Ms. Purnell and passed 5-0.
Site Inspection re: Lloyd IW-03-22 - June 10, 2003
MOTION: To ACCEPT the Minutes of the Site Inspection re: Lloyd IW-03-22 - June 10, 2003, as amended. By Ms. Purnell, seconded by Mrs. Gray and passed 5-0.
Site Inspection re: Boies IW-03-V7 - June 13, 2003
MOTION: To Accept the Minutes of the Site Inspection re: Boies IW-03-V7 - June 13, 2003, as written. By Mr. Picton, seconded by Ms. Purnell and passed 5-0.
MOTION: To ADJOURN the Meeting by Mrs. Gray. All agreed at 12:25 a.m., June 26, 2003.
Respectfully submitted, filed subject to approval.
Katherine Moquin, Land Use Secretary July 7, 2003
May 28, 2003
SHOW CAUSE HEARING re: Levy/Kady IW-03-V6Members Present: Dorothy Hill, Charles LaMuniere.
Members Absent: Helen Gray, Marguerite Purnell, Robert Weber.
Alternates Present: Anthony Bedini, Candace Korzenko, Mark Picton.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Elaine Luckey, First Selectman, Judy Auchincloss, Kelly Boling, Chris Charles, John Corrigan, Marc Daft, Reporter for Voices, Valerie Freedman, David Lombino, Reporter for Litchfield County Times, Dirk Sabin, Seymour Surnow.Dorothy Hill called the Show Cause Hearing re: Levy/Kady, IW-03-V6, 129 Wykeham Rd., Filling, Landscaping In or Near Wetlands to order on Wednesday, May 28, 2003 at 7:08 p.m. Members seated were Dorothy Hill, Charles LaMuniere, Anthony Bedini for Marguerite Purnell, Candace Korzenko for Helen Gray and Mark Picton for Robert Weber.
Mrs. Hill read the letter to the Commission by Atty. Leonard Blum, dated 5-8-03, asking for a postponement of this Show Cause Hearing.
MOTION: To CONTINUE the Show Cause Hearing re: Levy/Kady, IW-03-V6, 129 Wykeham Road, Filling, Landscaping In or Near Inland Wetlands on June 11, 2003 at 5:50 p.m. By Mrs. Hill, seconded by Mrs. Korzenko and passed 5-0.
Katherine Moquin
Land Use Secretary
June 6, 2003
May 14, 2003
Members Present: Dorothy Hill, Helen Gray, Charles LaMuniere, Marguerite Purnell and Robert Weber.
Alternates Present: Candace Korzenko and Mark Picton.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello and Katherine Moquin.
Also Present: Roger Pratt, Sigrid and Anton Hildmann, Brian Neff, David Wilson, Robert Parker, Paula and Richard Getnick, Jamie Lintner, Dirk Sabin, Brian Baker and Curtis Smith.Dorothy Hill called the Regular Meeting to order at 7:55 p.m., Wednesday, May 14, 2003. Members seated were Dorothy Hill, Helen Gray, Marguerite Purnell, Charles LaMuniere and Robert Weber.
Pre-Application Advice
Beckett, Loomarwick Road, Construct Dwelling.
Roger Pratt, Architect, was present and he answered the member's questions and explained the following: 1.The septic system plan, "Site Plan, Adams-Beckett, New Home, Loomarwick Road by Roger Sherman Pratt, Architect, dated 2-6-03," which shows the existing house, built in the 1920s, at 24" from the wetlands; the existing house has electric and septic pipe going into a stone grotto and needs to be demolished. The site plan, "Preliminary Site Development Plan, Mark D. & Christine Adams Beckett, Single Family Residence, Loomarwick Road by John M. Farnsworth & Associates and J.F.M. Engineering, Inc., dated 5-1-03 and revised 5-12-03," which shows the house site on the other side of this non-conforming lot, because septic system test holes did not qualify. The proposed house site sits as far away as possible from the wetlands at 24' to 30' and the opposite side of the house sits right at the setback line. The existing house is one story and the proposed house is two stories on a smaller footprint. 2.This site was flagged by a soil scientist recently. The proposed septic is 18' from the wetlands. 3.This site is 35,000 sq.ft., almost of an acre.
Members pointed out the Health Code requires 75' distance to the septic system and obtaining a Health permit comes first and they requested the following: 1.If possible, obtain a different septic design that is farther away from the wetlands. 2.Submit the soil science report. 3.Sedimentation and erosion controls. 4.A construction sequence. 5.The location of the soil stockpiles. 6.Grading for the yard and garage. 7.The amount of fill around the garage. 8.An application form with a live signature by the owner. 9.A letter of authorization. 10.Return with a regular application after receiving a Health permit.
Mr. Pratt submitted the two maps cited above.
Pending Applications
Hildmann, IW-03-14 ATF, 34 Popple Swamp Road, Drainage System.
Sigrid and Anton Hildmann and Brian Neff, Civil Engineer, were present. Mr. Neff submitted revised plans, "Drainage Plan, Anton & Sigrid Hildmann Barn, 34 Popple Swamp Road by Brian E. Neff, L.E., dated 4-5-03 and revised 5-8-03," which shows the following revisions: 1.The modified riprap silt basin outlet for catch basin # 6 is pulled back to 25' from the wetlands. 2.Barn roof downspouts on the northwest side of the barn into catch basin # 7. 3.An additional catch basin # 8 on the north side of the barn. 4.A note regarding the yearly maintenance of the catch basins.
Ms. Purnell questioned the wetlands line on the above cited map. Mr. Neff said that the wetlands had been re-flagged and delineated farther from the barn.
Mr. Picton noted that the revisions reflect what the Commission requested.
Mr. LaMuniere noted that there are now three outlets for the barn drainage.
MOTION: To APPROVE the application Hildmann, IW-03-14 ATF, 34 Popple Swamp Road, Drainage System per the revised plan, "Drainage Plan, Anton & Sigrid Hildmann Barn, 34 Popple Swamp Road by Brian E. Neff, L.E., dated 4-5-03 and revised 5-8-03" and with the following condition: Drainage system catch basins and the silt basin are to be cleaned out at least once per year in June or July and a letter submitted to the Commission stating this was done. By Mr. LaMuniere, seconded by Mr. Weber and passed 4-0-1. Mrs. Gray abstained, as she did not visit the site.
Ms. Purnell noted that all the issues have been addressed for this after the fact application.
Hildmann, IW-03-15 ATF, 34 Popple Swamp Road, Construct Gravel Driveway and Horse Riding Ring.
Sigrid and Anton Hildmann and Brian Neff, Civil Engineer, were present. Mr. Neff submitted revised plans, "Horse Riding Ring & Pasture Access Plan, Anton & Sigrid Hildmann, 34 Popple Swamp Road by Brian E. Neff, L.E., dated 4-7-03 and revised 5-14-03," and he explained the following: 1.The layout is altered to propose a gravel driveway for equipment, coming off Popple Swamp Road at a point north of the barn; this gravel drive crosses a shorter (from 285' to 145') span of wetlands and goes through one pasture located northwest of the barn. 2. The proposed horse riding ring is 60' x 180', with a 12" sand base.
Ms. Purnell asked if the horses are to use the gravel drive as well. Mr. Hildmann said that Popple Swamp Road is truly too dangerous for the young untrained horses.
Mr. Picton noted that when the work started to clear land for the pastures, some areas were found to be unsuitable and asked what part of the property was recently flagged for wetlands. Mr. Neff said the northeast quadrant; the rest of the property had been flagged for wetlands during the subdivision planning stage. Mrs. Hildmann said that when they planned the pasture area, they couldn't see that the northwest corner of the property was too wet. Ms. Purnell said the westernmost pasture closest to the barn is too wet to be cleared but the riding ring is located in a pasture already approved as an agricultural exemption. Mr. LaMuniere asked if the originally proposed gravel drive would make a difference, when a portion of this gravel drive is already constructed and the pastures already cleared. The members agreed the better plan would be to allow the northwest pasture to grow back and use the drive originally proposed. Mr. Ajello said that the pastures will turn into seasonal pastures, because valuable horses will not be left to stand in wet muddy ground.
Mrs. Hill asked about the hydrology regarding the channeling of water out of pipe # 15 and pointed out that on the map it is marked # 18. Mr. Neff said this is a low gradient channel and does not require riprap because there is a low velocity; the channel leading into the pipes is open with sloped sides.
Mr. Picton asked about the need for a 40' pipe for the driveway and requested the new pasture limits be indicated on the plan. Mr. Neff said that he would shorten the pipe for the driveway as much as possible, maybe take out a 15' section and he will revise the plan to reflect the decisions made tonight.
Feldman/Frater, IW-03-16, 123 West Shore Road, Install Floating Dock, Repair Stone Wall, Renovate Boat House.
David Wilson, Contractor, was present and submitted photos; he answered the members questions and explained the following: 1.Just the stone wall cap is proposed for replacing; there is to be additional stone wall structural work; no concrete exists within the wall. The plan is to have the excavator (from the road) remove the piers and the cap is to be removed by hand. 2.All of the existing building is to be removed and the building is to be extended over the existing concrete pad and canti-levered for the portion needed to store the length of the scull; the building volume will increase but not the footprint.
Ms. Purnell said that the A 2 survey map does not definitively show the lake shoreline as the property boundary; if this is not their property then filling in behind the retaining wall is filling in the lake. Mr. Wilson said the shoreline is eroding. Mrs. Hill said that the fill proposed would replace what had been there and a uniform cap on the stone wall is a positive outcome; the stones also serve as an anchor for the docks. Mr. LaMuniere said the existing wall is tilting toward the lake. Mr. Weber said that it is clear the stone wall work will repair an existing break.
Ms. Purnell said the only instance of multiple docks allowed on Lake Waramaug is for public use, such as an Inn and the regulations state a dock as of right' and there is the potential here for setting up a precedent. Mr. Picton said that extending the bulk head pertains to the regulated part of this application and the dock portion is not regulated. Mr. Weber said that allowing two docks begs the question of six docks.
MOTION: To APPROVE the application Feldman/Frater, IW-03-16, 123 West Shore Road, Install Floating Dock, Repair Stone Wall, Renovate Boat House per the plans, "Waterfront Improvements, Feldman/Frater, 123 West Shore Road by David R. Wilson, P.E., dated April 17, 2003 and with the following conditions: 1. A statement is to be obtained from T. Michael Alex, L.L.S. regarding the property line relative to the shoreline and submitted to the file. 2. The height of the stone wall is to remain the same. By Mrs. Hill, seconded by Mr. LaMuniere and passed 3-1-1. Ms. Purnell voted nay as she is uncomfortable about the property line relative to the shoreline and she does not agree with permitting two docks. Mrs. Gray abstained, as she did not visit the site.
Fish, IW-03-18, 201 Wykeham Road, Construct Driveway.
Brian Neff, Civil Engineer, was present and submitted revised plans, "Proposed Driveway Plan, Robert Fish Residence, 201 Wykeham Road by Brian E. Neff, L.E., dated 4-15-03 and revised 5-13-03;" he answered the members questions and explained the following: 1.The revision includes a missing depiction of a few stone walls, a new house site farther from the wetlands, a stockpile area, footing drains, the septic system, the well and more room for a turn-a-round area. 2.A way to construct a driveway out of the U.R.A. does not present itself and so in this proposal, the driveway skirts the wetlands and no trees need to be cut; seemed a logical approach, as the majority of tree cutting had already been done; the house site is located in a field, so again there will be no tree cutting. 3.The electrical service conduit is to be installed concurrent with the driveway and is shown on the plan.
Mrs. Hill seated Candace Korzenko for Helen Gray and Mark Picton for Marguerite Purnell, as Mrs. Gray and Ms. Purnell abstained.
Mr. LaMuniere requested that care be taken and a stipulation issued to insure that no trees would be cut within the regulated, mature and beautiful forest on the east side of
the driveway and stone wall; the members debated and then agreed it is not necessary at this point to have this stipulation placed on the Land Records.
MOTION: To APPROVE the application Fish, IW-03-18, 201 Wykeham Road, Construct Driveway per the plans, "Proposed Driveway Plan, Robert Fish Residence, 201 Wykeham Road by Brian E. Neff, L. E., dated 4-15-03 and revised 5-13-03 and with the following conditions: 1. The stone walls existing as a buffer between the driveway and the wetlands are not to be disturbed. 2. No cutting is to be done in the forest on the east side of the driveway and stone walls. By Mr. LaMuniere, seconded by Mr. Weber and passed 5-0.
Daudelin/Arciola, IW-03-19, 9 Dark Entry Road, Construct Dwelling.
Robert Parker, Contractor, was present. Mr. Picton requested a silt trap( an unlined hollow basin) be dug at the end of the swale and he requested the area along the silt fence remain wooded / be the limit of disturbance. Mr. Parker drew, initialed and dated a silt trap at the end of the swale on the plan, "Subsurface Sewage Disposal System, (3) Bedroom Single Family Dwelling, 9 Dark Entry Road by Brian E. Neff, L.E., dated 10-28-00 and revised 2-21-01." Mr. Ajello said that the swale will act as a silt trap, because the existing grades are so gradual.
MOTION: To APPROVE the application Daudelin/Arciola, IW-03-19, 9 Dark Entry Road, Construct Dwelling per the plans, "Subsurface Sewage Disposal System, (3) Bedroom Single Family Dwelling, 9 Dark Entry Road by Brian E. Neff, L.E., dated 10-28-00 and revised 2-21-01 and revised 5-14-03 by Robert Parker, Contractor" and with the following conditions: 1. A silt trap is to be added at the end of the swale. 2. The silt fence line on the west side of the lot is to be the limit of disturbance. By Mr. Picton, seconded by Mrs. Korzenko and passed 5-0.
Mrs. Hill reseated Helen Gray and Marguerite Purnell.
New Applications
Getnick, IW-03-20, 237 West Shore Road, Extend Retaining Wall & Stairs, Remove Soil.
Paula and Richard Getnick were present and they answered the members questions and explained the following: 1.The drawing, "Getnick Residence, Pine Meadow Gardens, dated 4-9-03" shows front and side views. 2.The proposal is to extend a railroad tie retaining wall 20' along the road with a return 4' length of wall perpendicular to the lake.
3.The 6' wide stairs are to be constructed in a section of removed wall. 4.Approximately 8 yards of soil is planned to be removed in order to create a level picnic area, which is to be graded and seeded. A silt fence is to be placed along the lake.
Mr. Ajello visited the site and observed a tree, which leans toward the water; he asked if the excavation would expose the roots of the tree, as roots extend to the width of the crown. Mr. Getnick said that the tree is not on his property and he will report on the extent of the excavation at the next meeting.
The Commission will make Individual Site Visits before the next meeting and they all agreed that this application is straight forward. Mr. Getnick will stake out the area of excavation.
Solley Bros., IW-03-21, 51 Carmel Hill Road, Stream Crossing.
Jamie Lintner, Contractor, was present and he submitted photos; he answered the members questions and explained the following: 1.The map, "2001 DeLorme Topo USA 3.0, Solley Brothers, Proposed Intermittent Crossing, Carmel Hill Rd. by Jamie Lintner, dated April 22, 2003," shows the 32 acre parcel in question; need to cross two intermittent streams (40' apart) in order to access the area planned for logging (tree thinning;) there is an existing old farm road and the streams cross the wood road and hit a small outwash area. 2.A temporary bridge called a pulled corduroy, which consists of a 6-7" pipe 13' long with poles placed on top; no digging will be done; he uses a forwarder for the logs, so no skidder will be used and a tractor can be driven as of right.' 3.This is planned to be done in late June or early July. 4.He will know the amount of logging when all the permits are obtained and the trees are tagged but it is slated for 40,000 board feet and the larger mature oaks will remain and he will target yellow birch, ash and hard maple of medium size (16-18".) 5.He has applied to the Town for a Timber Harvest and he will submit an estimate.
Ms. Purnell explained the logging regulations: To date the Inland Wetlands interest has been in the wetlands crossings and if there was a perception of a potential impact from the upland review area, the Commission made recommendations.
Mr. Ajello noted that he can sign off on this type of application after visiting the site and determining there are no potential problems.
Mrs. Korzenko requested a narrative describing the project and including the estimated board feet to be harvested.
The Commission will make Individual Site Visits before the next meeting. Mr. Lintner will stake out the entrance to the site on Carmel Hill Road.
Lloyd, IW-03-23, 149 Whittlesey Road, Selective Tree Thinning / Lawn Expansion.
Dirk Sabin, Landscape Architect, was present and he answered the members questions and explained the following: 1.This property sits within the confluence of the Shepaug and Bantam Rivers. This whole site has a flat grade and sits 6-8' above river level. 2.The applicant wants to take advantage of the view over the field to the east of the house and create a broad berm of rock garden and plant spruce trees to the south east of the house. 3.A small amount of selective tree thinning is proposed for the area along the Bantam River on the south side of the house and a plan to create both a play area southeast side and privacy from the road on the north side (100' runs halfway between the Bantam River and Whittlesey Road;) the Hemlock hedgerow will remain and the Sweet Birch is planned for removal. 4.Work to be done this Spring time.
Lloyd, IW-03-22, 149 Whittlesey Road, River Protection/Armoring.
Dirk Sabin, Landscape Architect, was present and he answered the members questions and explained the following: 1.Thorn Rosenthal obtained approval to do shore protection along the Bantam River in the deck area. There is ongoing erosion; propose to refurbish the bank along the existing lawn area on the south and west side of the house, using a minimum one cubic yard sized boulders; the plan is to have the excavator in the river bed during low water level; slab steps are to be installed down to Bantam River and low bush blueberry planted along the boulders.
The Commission will make a Site Visit on Tuesday, May 27, 2003, at 9:00 a.m.
Shepaug Realty, IW-03-24, 252 Bee Brook Road, Construct Bridge.
Brian Neff, Civil Engineer, was present and he submitted plans, "Proposed Site Development Plan, Shepaug Realty, L.L.C., 252 Bee Brook Road by Brian E. Neff, L.E., dated 5-3-03 and revised 5-8-03;" he answered the members questions and explained the following: 1.The temporary bridge will provide access to both sides of the channel during construction of the permanent bridge downstream. The arched bridge is designed for a 100 year flood and made with a pre-cast concrete unit 26' high with 8' short wing walls; 4' sections are to be put in with a crane (this is a quick installation procedure;) the channel bottom is to be left undisturbed and sandbags along with temporary piping put in place during construction; some material will be removed where the bridge form leads to the wing walls; riprap will be installed upstream where the temporary bridge sits. 2.Work to be done in the middle of Summer. 3.Included in the above cited site plan are plans for one house for this 40.6 acre property. An underground electrical conduit can run through the bridge arch.
The Commission will make Individual Site Visits before the next meeting.
Jepsen/Dore, IW-03-25, 144 East Shore Road, Re-build Boat House.
Brian Neff, Civil Engineer, was present and he submitted two copies of the plans, "Site Analysis Plan, Keith J. Jepsen, Kathleen A. Dore, 144 East Shore Road by T. Michael Alex, L.L.S., dated January 2002;" he answered the members questions and explained the following: 1.The existing lakeside boat house is in poor shape. Propose to re-build this 8' x 20' building, which is canti-levered out over the lake; plan to use steel frames to support the canti-lever; the new building will have the same footprint; the work will be done by hand, as there is no existing access to the site. 2. The house sits on the other side of the road.
The Commission will make Individual Site Visits before the next meeting.
O'Brien/J.M. Scott Assoc., IW-03-26, 95 Nichols Hill Road, Construct Dwelling / Wetland Crossing.
Brian Baker, Curtis Jones & Assoc., was present and he answered the members questions and explained the following: 1.A permit for a driveway was obtained in 1993 and it expired in 1998. 2.The house and septic locations are now flipped, which takes the septic primary and septic reserve out of the regulated area and puts the house on the other side of the lot for more privacy. 3.Most of the wetlands lie in the northeast corner of the property. 4.The crossing is planned to be placed where the stream narrows; a 30" culvert pipe, adequate for a 25 year storm, is to be used with the depth buried.
Mrs. Hill said the previous Commission hoped the wetland crossing would be shared. Mr. Baker said that an easement is not in place.
Mr. Ajello requested the electrical service conduit be shown on the plans, so that excavation is not repeated.
The Commission will make a Site Visit on Tuesday, May 27, at 10:00 a.m.Mr. Baker will stake out the house site and crossing area.
Pending Applications
Brown, IW-03-09, 96 Romford Road, Permanent Dam Repair.
Mrs. Hill noted that an Engineer is working on Land Tech's recommendations; an extension for the application is in place and she will call Dr. Brown for an update.
Steep Rock Assoc., IW-03-17, Macricostas Preserve (Meeker Swamp) RT. 202, Trail Boardwalk.
Mrs. Hill noted that this motion is being repeated for a technical reason.
MOTION: To APPROVE the application Steep Rock Assoc., IW-03-17, Macricostas Preserve (Meeker Swamp) RT. 202, Trail Boardwalk subject to the Commission's approval of the bridge design. By Ms. Purnell, seconded by Mrs. Hill and passed 5-0.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mrs. Hill noted that a Biologist is due to check for invasives this month and she will call Mr. Beck for an update.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Curtis Smith, Bradford E. Smith & Son, was present and he submitted a letter of authorization and plans, "Site Plan - Wetlands Restoration, Ross Residence, 10 Sunny Ridge Road by Bradford E. Smith & Son, dated 5-2-03;" he answered the members questions and explained the following: 1.Before Mr. Ross purchased this property, all the wetlands were flagged (Survey 1991) by Bruce Laskey, Northeast Soils. 2.He didn't have the topography but he thinks the removal of the overburden can be done without borings, if the excavation is done carefully to observe a change and then immediately stop. 3.He has the horizontal location of all the wetland flags and proposes a 3-1 slope. 4.Noted on the plan is a directive for the restoration to follow Kathy Johnson's recommendations. 5.An estimated 3-4' of fill on average is to be removed (1000 cubic yards;) he will refine these calculations. There is a trickle of water running through the site at this time. A silt fence will be kept in place.
Mr. Picton recommended excavating to an original grade to 10' away from the wetland at the toe of the slope. Mr. Smith said this is a good idea and the shelf could be tapered to give a more natural look and he will come to the next meeting with more ideas and photos.
Ms. Purnell hopes the original seed bank will have a chance to come to life after the overburden is gone and she recommended planting to augment what grows back after 3-4 years and she asked who is going to supervise the work. Mr. Picton said someone, such as Curtis Smith, could be paid to supervise on behalf of the Commission. Ms. Korzenko requested a supervision plan be submitted.
S.M.R. Partners, IW-03-V5, 103 Baldwin Hill Road, Permit Violation, Deposition of Materials.
Brian Neff submitted a driveway restoration plan, "Driveway Restoration and Maintenance Plan, SMR Partners, 103 Baldwin Hill Road by Brian E. Neff, P.E., dated 5-7-03," and the members will study the plan for the next meeting. Mrs. Hill will call Scott Peterson, the co-owner of the portion of driveway in question.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing.
Mrs. Hill will call Attorney William Fairbairn again.
Stiteler, West Shore Road.
Janet Hill asked Mr. Ajello to see about signing off the completed planting plan, which was part of a previous permit. Mr. Ajello said that he reviewed the file and he did not see a problem. Ms. Purnell said that Dirk Sabin's plan to plant a 5-6' swath of native
meadow grasses and other native species had not been followed; the entire area has been cleared and plants that are not on the plan have been planted.
Ms. Purnell and Mr. Ajello will make a Site Visit and sort things out.
Old Business
Garrity, 60 Scofield Hill Road.
Mr. Ajello did not make a site visit.
Sheinfeld, IW-02-61 ATF, 112 Lower Church Hill Road, Modify Deed Restrictions, In-ground Pool.
Mrs. Hill will call Mr. Sheinfeld for an update.
Manson, 248 West Shore Road, Septic System Replacement.
Mr. Ajello reported: 1.He spoke to Mr. Manson in December about an upcoming addition. 2.The septic system had been installed without the Health Dept. notifying Zoning or Inland Wetlands; Zoning regulations stipulates a 100' distance between septic fields and lake; Janet Hill spoke to Suzanne Von Holt regarding notification to other departments; this job is the contractor's first independent job. 3.The nearest point to the lake shore is 70'; the silt fence in place is excellent. 4.An ATF application will be submitted for the next meeting.
Goutiere, 33 Wheaton Road.
Mr. Ajello submitted photos and reported: 1.Trimming along the stream is being done a little at a time. 2. The photos show work being done behind the barn in the stream, some of this work was done approximately during the application process. 3. Mr. Danion, adjacent neighbor, reported that a trail had been cleared by two young boys (Goutiere and Brodie) for riding bikes back and forth through the stream. 4.The Black Cherry tree remains.
Rudin, IW-02-49, 328 Nettleton Hollow Road, Construction of EPDM lined (60' diameter) Reflecting Pond.
Mr. Ajello reported that he discovered an un-permitted pipe installed beneath the lining of the pond and the purpose is to prevent up-heaving during the winter.
DiBennetto, IW-03-04, 214 Calhoun Street, Brush Removal Near Wetlands.
Mr. Ajello reported that Mr. DiBenedetto calls him prior to each activity. Ms. Purnell requested photos to document any continuing work.
MOTION: To ADJOURN by Mrs. Gray. All agreed at 12:12 a.m.
Katherine Moquin, Land Use Secretary May 23, 2003
May 14, 2003
PUBLIC HEARING re: Maury/Cady, IW-03-10
Members Present: Dorothy Hill, Helen Gray, Charles LaMuniere, Marguerite Purnell and Robert Weber.
Alternates Present: Candace Korzenko and Mark Picton
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello and Katherine Moquin.
Also Present: Judy Auchincloss, Kelly Boling, Chris Charles, Link Cornell, Elizabeth and John Corrigan, Dr. Michael Klemens, Dirk Sabin and Seymour Surnow.Dorothy Hill called the Public Hearing re: Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Lot Line Revision & Site Development to order at 6:07 p.m., Wednesday, May 14, 2003. Members seated were Dorothy Hill, Helen Gray at 6:58 p.m., Charles LaMuniere, Marguerite Purnell at 6:14 p.m. and Robert Weber at 6:13 p.m.
Mrs. Hill read a letter from Julie Victoria, Wildlife Biologist, State D.E.P., dated April 7, 2003, which stated Dr. Klemens' report, suffices as an answer to the Commission's question regarding critical biological resources.
Dr. Klemens reviewed his report, dated May 13, 2003 and he highlighted the following: 1. He looked at eleven wetlands and two impact areas, visiting the site on April 4, 5 and 20, 2003. 2. Ice was present on April 4 and 5, but he did observe what amphibian breeding occurred during this Spring time. Breeding here occurs diffusely, in pockets, not in mega-populations and reflects the landscape. 3.It is important to look at what lives in the vernal pools, not at the hydrology, to determine the conservation issues. It is very important to preserve the outlying populations. The best science available gives us a standard of a 750' envelope around a vernal pool (starting at the high water mark) as a protective zone to sustain the existing population. Vernal pools function as a unit, with an overall connectivity and we need to look at a cluster of pools in regarding protective issues. 4.Vernal pools #7, #8 and # 11 are an exceptionally high value pool complex and vernal pool # 11 (located on the bordering property) in particular, is a critical site and warrants protection from the Town of Washington; the matching critical upland habitat zone sits partially on this property and he recommends eliminating or moving impact area B for this reason. 5.He can offer guidance on watershed issues but not calculations. Creating ponds out of headwater wetlands has the potential to alter thermals, water quality and water quantity, but the ponds can be well-designed to include protections of canopy and native buffer plantings around the circumference and care can be taken to keep fish and other wildlife predators out. 6.He recommends that language in the deeds includes the limits of clearing and the future stewardship of the site. He said 25% development is acceptable, given that swimming pools, curbs and catch basins, etc. are not installed near the vernal pools.
Dirk Sabin was present and he submitted a report, "Drainage Calculations, by Dudley Ashwood, P.E., dated 5-13-03;" he explained that these computations support his designs for the culvert crossing, the two outlets for the ponds A and B and the two outlets for the in-stream ponds. He also submitted a revised topography map, "Site Topographic & Grading Plan, Maria Eugenia Maury and Edwin Cady, 67/79 Carmel Hill Rd. by Dirk W. Sabin, L. A., dated January 30, 2003 and revised 4-20-03," and portions of this map with more details, which show the addition of a bio-filtration area for the driveway
crossing (Lot 1 / Vernal Pool #9,) alternatives for Pond Site A and for Pond Site B, an alternative location for the swimming pool (Lot 2) and a light green line running north to south, which marks off an area, straddling the western property line, of approximately 50 acres within the 750' envelope for all eleven vernal pool wetlands; he explained the following: 1.This third alternative for Wetland A (Lot 1) sets an elevation that would preserve the bank of the wetland, as requested by Mr. LaMuniere and this is accomplished by marginally moving the pond site to the east and by lowering the elevation by two feet. 2.The buffer space between the swimming pool and Vernal Pools #4 and #5 has been increased by changing the location to the other side of the house and moving the conservation line closer to the house to just behind the existing stone wall. 3.Wetland B (Lot 2) has been altered by elongating the pond / pulling the conservation line 100 feet out farther and with additional emergent edges and vegetation on the south and western sides to create large areas of shading and grading right up to the woodland and wetlands (almost completely vegetated around the pond.) 4.The question regarding access to the meadow, for mowing across the stream has been addressed by adding Roxbury Granite slabs placed in a level portion of the stream on gravel, essentially creating a farm crossing.
Ms. Purnell asked about specific calculations (soils and Zoning) for a possible six lot division of this property. Mr. Sabin said that the soil calculations submitted would support fifteen dwellings and he used the Zoning provision allowing three houses off a shared driveway partnered with 2000' of existing road frontage.
Ms. Purnell asked about the calculations for the amount of clearing within the 750' envelope for all eleven vernal pools and noted the driveways are not included. Mr. Sabin explained the methods, "Maury/Cady, Vernal Pool, 750' Preferred No Disturbance Area by Dirk W. Sabin, L.A., dated 5-14-03," he used to reach 11.2 acres as the total area of proposed clearing. Dr. Klemens explained that in order to deal with conservation issues, a different way of computing is necessary; he said that Mr. Sabin equalized the impacts of all the pools across the whole area and what is needed is the amount of clearing for each individual vernal pool, because some vernal pools are extremely important and some are not so valuable; a pool by pool analysis is more ecologically revealing; also the roofs, driveways and terraces need to be included and the lawn separate; and it is helpful to know what was not cleared , what are the impervious surfaces and what area is lawn. Mr. Sabin said that vernal pool # 11 is 210'x 110' and the closest point of development to vernal pool #11 is 610'.
Mr. Picton asked Dr. Klemens where to start in determining the 25% development area. Dr. Klemens said that it is important to design development to insure a high degree of probable wildlife survivability; the vernal pool cluster # 7, # 8 and # 11is so important that no impact should occur and the Commission could guide the applicant to leave the whole 750' envelope area alone and the applicant might shift more development into areas of vernal pools of lesser quality.
Mr. Link Cornell, George Murphy's friend, was present and spoke for his friend who is 95 years young and unable to attend: 1There is not a person in Washington who
has done more for Washington than George Murphy, owner of the property in question. 2.He would like to see this property transaction completed and he tried to set this up with responsible parties. 3.Mr. Murphy did not know the complexity or the amount of time involved for this permit but he thinks this proposal weighs in favor of the overall good use of the property and far outweighs the negatives of developing it.
Mr. Sabin said that his client is trying to bring reach a conclusion to permit process and he submitted a request for an extension of the Public Hearing and suggested the next meeting.
Mrs. Hill pointed out that there is not enough hydrology information. Mr. Sabin said the engineer's calculations submitted tonight based the in-stream pond outlets and larger watershed area for 100 year storms and the Pond A and B outlets for 25 year
storms and he explained that usually very large areas of development with large areas of impervious surfaces were calculated for 100 year storms. Mr. Picton said the
Commission wants to know that a 100 year storm will not blow out the wetland crossing or the dams and the Commission is asking for an engineer's consideration. Mrs. Hill reviewed Land Tech Consultant's recommendations, dated 3-19-03, which asked for 25 year storm calculations and she will ask Land Tech about this.
Betsy Corrigan asked the proposed depth of Wetlands Ponds A and B and asked how will the ponds obtain water, if the wetlands are dry in the summer. Mr. Sabin said the ponds are stepped and the deepest points are proposed at 9' for Pond B and 12' for Pond A; the water levels will fluctuate and the emergent shelves exposed during a drought but there is enough watershed existing to support these ponds. Mrs. Hill will ask Land Tech to review the volume of water needed to support the ponds.
Ms. Purnell requested alternatives be submitted for the house site location.
MOTION: To CONTINUE the Public Hearing re: Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Property Line Revision & Site Development on May 28, 2003 at 6:00 p.m. By Mr. Weber, seconded by Mrs. Hill and passed 5-0.
Katherine Moquin
Land Use Secretary
May 23, 2003
April 23, 2003
Members Present: Dorothy Hill, Charles LaMuniere and Marguerite Purnell.
Members Absent: Helen Gray and Robert Weber.
Alternates Present: Candace Korzenko and Mark Picton.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello and Katherine Moquin.
Also Present: Judy Auchincloss, Chris Charles, Elizabeth Corrigan, John Corrigan, Dr. Michael Klemens, Hank Martin, Susan Payne, Dirk Sabin, Seymour Surnow and Denise Trevenen.Dorothy Hill called the Public Hearing re: Maury / Cady IW-03-10 to order at 6:03 p.m., Wednesday, April 23, 2003. Members seated were Dorothy Hill, Charles LaMuniere, Marguerite Purnell, Candace Korzenko for Robert Weber and Mark Picton for Helen Gray.
Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Property Line Revision & Site Development.
Dirk Sabin was present and he submitted two copies of the map, "Site Topographic and Grading Plan, Ms. Maria Eugenia Maury and Mr. Edwin Cady, 67-79 Carmel Hill Rd. by T. Michael Alex, L.S., dated November 2002 and revised by Dirk Sabin, L.A. January 30, 2003." One copy was revised again on 4-20-03 by Dirk Sabin, L.A. to show watershed areas and wetland identification numbers and the other copy was revised again on 4-22-03 by Dirk Sabin, L.A. to show soil / density calculations. Mr. Sabin explained: 1.The watershed area is 13 acres (plus or minus) and the contributory watershed area is 34.4 acres for a total of 47.4 acres. 2.There is a difference in soils and density calculations for the steeper slope categories.
Mrs. Hill introduced Dr. Klemens, Herpetologist and he presented a brief overview of the studies he made during three site inspections: 1.Vernal pools are an important habitat for amphibians and their breeding takes place during 2-3 weeks per year. During the remainder of their life the amphibians reside in the surrounding area of 750' or more from the vernal pools. 100 feet around a vernal pool is a sacred/inviolate staging area. 2.Beyond the 750' vernal pool envelope, it is possible to develop 25 % of this site without damage to the environment, if best development practices (described in the manual, "Best Development Practices, Conserving Pool-Breeding Amphibians in Residential and Commercial Developments in the Northeastern United States by Aram J.K. Calhoun, Ph.d., Maine Audubon Society/University of Maine and Michael W. Klemens, Ph.d., Metropolitan Conservation Alliance/Wildlife Conservation Society") are carefully adhered to, including road design, curb design, lighting and lot clearing with heightened sensitivity. 3. A vernal pool wetland is a great asset and this site houses a series of several different types (different depths and different structures and length of
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time the water remains) of vernal pools, with a corresponding high diversity of amphibians. The following is a broad characterization of each vernal pool: # 1 is a small, shallow pool in a hemlock grove at the entrance to the site, with a lot of algae and a small number of Wood Frog egg masses. # 2 contains Wood Frogs, Spotted Salamanders and Marbled Salamanders. Marbled Salamanders are quite rare at this high an elevation and are associated with dry sandy soils. The ground is already dry in these woods. In the State of CT., there are only a handful of vernal pools with a higher elevation making this site significant. # 3 is extremely degraded from storm run-off discharging salt and sand from the outlet of a culvert pipe under Carmel Hill Road and not surprising there is a complete absence of amphibian breeding activity. # 4 is deeper with a lot of grass and shrubs and not a large amount of algae. There are a small amount of Spotted Salamanders and Wood Frogs. #5 is very shallow with a small number of Wood Frogs. # 6 is almost dry and very shallow with a small number of Wood Frogs. # 5 and # 6 are not any less valuable because they fail in low rainfall years. Keeping the critical connections between the vernal pools allows amphibians, particularly Wood Frogs who move around and exploit new opportunities, to immigrate to other ponds and helps maintain the vitality of the site as a wetland eco-system. The egg counts are conservative / undercounts because care was taken to not disturb certain abodes to collect them. Plus egg counts are viewed in relation to other pools. # 7, # 8 and # 11 are much higher quality wetlands and the most significant vernal pool resource on the site. # 11 is off site but well within the impact zone of development ( well under 750' ) and quite exceptional. It is a deeper wetland with a completely different hydrology and a large emergent community dominated by Button Bush. There are Jefferson Salamanders, an important species and a large robust population of Wood Frogs and Spotted Salamanders. # 7 is a clear cryptic vernal pool, sometimes called a vernal swamp, and has a large number of Spotted Salamanders and Wood Frogs. # 8 also has a large number of Spotted Salamanders and Wood Frogs. # 7 and # 8 form an important eco-system in conjunction with # 11 and have the potential to house Jefferson Salamanders given the proximity to # 11. # 9 is situated down a steep hill, close to a proposed driveway and has heavy encrusted algae. No species were found there. A small number of Wood Frogs are utilizing # 10. The egg masses were hard to collect because vernal pool # 10 is deep.4. Redback Salamanders were found in the riparian swamp land along the stream corridor but the issues in this area are not vernal pool issues about species habitat but general stewardship issues, including water purity, water quality, water quantity, added nutrients, thermal alterations, guarding against the establishment of fish, immigration of Canada Geese and what happens to headwater when you clear out headwater streams. The Dusky Salamanders found here are indicative of a high quality wetlands and have all but disappeared in the highly developed areas of CT. The water is cold and clean with lots of muddy seepage. In connection with the whole watershed area, there is no shortage of ponds created in wetlands along Nettleton Hollow Road. He is concerned about proposed pond B and does not want to see it extend into the 750' envelope around vernal pool # 7 and he advises the wooded forest cover be kept intact within the 750' envelope of both vernal pools # 7 and # 8. He also advises making sure the created ponds do not compromise Sprain Brook with an in-flow of nutrients or thermal alterations. The difficult part is how to ensure that conservation measures are carried forth over time.
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5.His biggest concern is the proposed driveway wetland crossing near degraded vernal pool # 9. It would be prudent to create a stepped bio-filtration wetland here to ensure water quality, which could be compromised by driveway run-off.
Ms. Purnell asked about the thermal issues related to the degree and clearing of canopy. Dr. Klemens said this was not his area of expertise and he could give only generalities. His expertise is wetland dependent wildlife and vernal pools.
Mr. Picton asked about the possibility of pond site B, with it's standing water, of supporting vernal pool species in another year. Dr. Klemens said that while it is always a possibility, it is not probable given this area is associated with the stream corridor. He would focus on the sites where there is optimal wildlife habitat. Any development reduces the carrying capacity for wildlife and the goal is to keep the high wildlife population in the upland review areas and maintain a somewhat reduced level of wildlife in the developed areas.
Mr. LaMuniere asked if the Commission needed to extend their review to vernal pool # 11, which is beyond the property border, and to the 750' envelope of vernal pools # 7, # 8 and # 5, which straddle property lines. Dr. Klemens said that anything that happens on this property, a tennis court for instance, within the 750' envelope of # 11, will have a very serious impact. # 11 is a critical site for regional bio-diversity, one of only a handful in the southern part of Litchfield Hills. Roxbury has one and this site is the only one in Washington; there are more in the region of Sharon and Salisbury. Ideally, nothing should happen within the 750' envelopes of # 7, # 8 and # 11 in order to keep the connections between them intact and to keep the forest and vernal pools intact. He considers this area to be a tremendously high piece of conservation land and should be designated as part of the conservation easement. In this regard, he recommends that proposed pond B be moved and reduced in size.
Mr. Picton asked about a shift in wildlife occurring along with the creation of ponds and about creating pond site A, which will interrupt a continuous stream/wetland system. Dr. Klemens said species that use swampland tend not to use ponds and he expects there will be an increase of Bull Frogs, Green Frogs and Water Fowl and he hopes there will not be an introduction of fish, because they eat amphibian larvae. He said creating a pond at site A will leave a riparian swamp land intact and Site A is in a young forest (50 years or so) where there is very little duff (accumulated leaf litter, which animals like) and it appears this area sustained a lot of disturbance in the past.
Ms. Purnell asked about predator species and about best development practices to keep migrating species from falling into swimming pools. Dr. Klemens said Bull Frogs are more predacious than Green Frogs and Green Frogs are more successful in a disturbed habitat. He said there are ways to construct a curved lip on a pool to prevent amphibians from falling in but he advises concentrating instead on protecting 95% of the population within the 750' vernal pool envelopes. He said he is not happy with the proposed driveway next to vernal pool # 2 and advises using design standards, including no curbing and no catch basins, to ensure wildlife can move across unharmed; amphibians migrate in the same manner as a sheet flow of water and so the critical measures to be taken are to protect this sheet flow' movement. He believes this site can be developed while conserving wildlife and at the same time give some amenities to the
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homeowners but there are significant challenges to achieve this. He worries about the future maintenance of conservation measures and about taking away a critical forest habitat (proximate to the # 7 / # 8 / # 11 vernal pool cluster) in order to create pond B.
Mr. LaMuniere asked about two proposed open pool areas along the stream. Dr. Klemens said that a wetland stream corridor provides a set of ecological services for wildlife needs and for watershed needs, so it is important to maintain as much of the riparian corridor (thermal buffer to re-cool and equalize the water) along the stream as possible. Different fauna will move in, as well as different species, more Bull Frogs and Green Frogs and the open area will be a better snake habitat. There could be a shift in forest birds with a change in canopy but he is not an expert on forest interior birds. The hope is to have 'shrub margin' ponds, with appropriate plantings along the edges, and not golf course' ponds.
Mr. Picton asked about the maximum 25% developed area going through a conversion from forest to meadow and lawn. Dr. Klemens said forest is needed to maintain a habitat for amphibians. They can cross meadow but not inhabit meadow. Lawns are difficult for juvenal amphibians to cross because of more predation but lawns are better than roads. This site is a dry forest, which salamanders like ( not waterlogged soils,) with a lot of ledge and a lot of up and down, which gives a tremendous amount of habitat. This site is ideal for amphibians, the way it drains and the way it is constructed.
Ms. Purnell asked about lighting issues around the house and driveway and additional landscape offset lighting. Dr. Klemens said lighting disorients the navigation of all wildlife, a whole range of species. There are good reasons to limit light and light spill. Lighting should be downward directed and not near the vernal pools.
Chris Charles, Washington resident, asked about clearing for a manicured forest. Dr. Klemens said he absolutely discourages clearing under-story, old logs and duff, because it is detrimental to the micro-habitat and already there is a problem with deer browse.
Mr. Sabin asked if vernal pool # 3 could be converted into a bio-filtration wetland. Dr. Klemens said a bio-filtration capacity might be useful but there would be very little value for amphibians now; # 3 is a lost wetland, where water sits and evaporates and does not pollute other areas and he advises focusing on the core wetlands resource corridor of # 2, # 4, # 7, # 8 and # 11.
Mr. Sabin asked if trout prey on salamander eggs. Dr. Klemens said yes and that ponds might attract salamanders as a breeding site (sinks,) which is the reason Pond Site B is a problem. Betsy Corrigan said that Fingerlings have been sighted there already. Ms. Purnell asked if downsizing the ponds and changing the locations would serve the amphibians. Dr. Klemens said the ponds absolutely are not beneficial to Wood Frogs, Spotted Salamanders or Jefferson Salamanders; all three of the royal salamanders ( Jefferson, Spotted and Marble ) exist here and only Blue Spots are missing because this terrain is not right for them. He continued saying that it is unusual to get all three of the salamander species on one site; these animals maintain healthy wetlands and also benefit humans because they eat most of the mosquito larvae.
Mrs. Hill thanked Dr. Klemens for his presentation saying the Commission appreciates his coming to the Hearing and they look forward to his report.
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Hank Martin, neighbor living downstream of this property, said that he is impressed with Dr. Klemens' presentation and is concerned about Pond Site B for the following reasons: 1. The extensive change in canopy; he recommends a reduction in the amount of proposed clearing. 2. Chemicals being used in the orchard and on the lawns and thereby contributing pollution into the watershed. Mr. Sabin said the proposed orchard consists of a few apple trees on a hillside away from the streams and is not intended to be a big producing operation. He said that there is no development planned within the watershed ridgeline along the vernal pool corridor; the rest of the property's watershed goes into the streams, which go to Mnuchin's property and continues on to the main branch of Sprain Brook.
Mrs. Hill asked about the hydrology report the Commission requested. Mr. Picton
added that the Commission had asked for a watershed analysis and an engineered plan for the pond outlet design; a design to ensure the pond outlet structure withstands 25, 50 and 100 year storms and the Commission had also asked for an engineered design for the two in-stream dams. Ms. Purnell said these requests honor due diligence. Mr. LaMuniere said that in creating Pond A, 18, 000 cubic yards of buffer soil will be lost and he wants to know what happens during storms as a result of two ponds set in place of wetlands. Mr. Sabin said there is freeboard storage capacity built in to the design of the pond outlet structure.
Mr. Picton asked if the proposed clearing, along the south side of the stream where the two in-stream dams are planned, is necessary and how the small pond excavations are planned. Mr. Sabin said he intends to have a shrub buffer along the stream and some trees and select bushes will remain and other native species will be planted; no lawn or meadow is proposed to go down to the stream. He said some excavation of the stream bed closest to the dams will be done and some shallow portions of the stream will be flooded over.
Mr. LaMuniere asked if there is any proposed clearing of canopy or under-story within the 100' wetlands review area. Mr. Sabin said that some selective thinning of trees is planned and some clearing is planned for the pool, which is within the 100' wetlands review area.
Ms. Purnell asked if plans were submitted showing Pond Site A as moved to the east. Mr. Sabin said yes and it is shown highlighted in pink on the map, "Site Analysis Plan, Topography, Maria Eugenia Maury, Carmel Hill Road by T. Michael Alex, L.L.S., dated November, 2002 and revised to show Alt. Pond 3-24-03 by Dirk Sabin, L.A."
Mr. LaMuniere said that it is important to maintain the bank of the existing swamp ( along the edge of proposed Pond A, which is naturalized and solid ) and there is no advantage to digging it out. Mr. Sabin said that he will look into that and also look into an alternative location for Pond B.
Dr. Klemens said that he will try to submit his report in two weeks time and tentatively said yes to attending the continuation of this Public Hearing.
Mr. Sabin submitted a request for an extension of 45 days to the Public Hearing time limit, starting on May 10, 2003.
MOTION: To CONTINUE the Public Hearing re: Maury/Cady IW-03-10 on May 14, 2003 at 6:00 p.m. By Ms. Purnell, seconded by Mrs. Korzenko and passed 5-0.
Katherine Moquin, Land Use Secretary May 2, 2003
Members Present: Dorothy Hill, Charles LaMuniere and Marguerite Purnell.
Members Absent: Helen Gray and Robert Weber.
Alternates Present: Candace Korzenko and Mark Picton.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello and Katherine Moquin.
Also Present: Anton Hildmann, Brian Neff, Mark Lowe, David Wilson, Diane Daudelin, Timothy Arciola and Susan Branson.Dorothy Hill called the Regular Meeting to order at 7:37 p.m., Wednesday, April 23, 2003. Members seated were Dorothy Hill, Charles LaMuniere, Marguerite Purnell, Candace Korzenko for Robert Weber and Mark Picton for Helen Gray.
Pending Applications
Hildmann, IW-03-14 ATF, 34 Popple Swamp Road, Drainage System.
Anton Hildmann, Brian Neff, Civil Engineer, and Mark Lowe, Contractor, were present. Mr. Neff submitted a revised plan, "Drainage Plan, Anton & Sigrid Hildmann Barn, 34 Popple Swamp Road by Brian E. Neff, L.E., dated 4-5-03 and revised 4-23-03," which shows the changes of an additional catch basin at the north side entryway/parking area and shows the modified riprap lined silt basin set back from the wetland boundary and having an over-flow spreader at the outlet.
Mr. Neff answered the member's questions and explained the following: 1.Catch basin # 7 is expected to collect road and storm drainage and maintenance could be done every Spring. The other catch basins could also be cleaned out yearly. 2.The modified riprap lined silt basin is proposed for 10 feet away from the wetland boundary. A slight slope exists there and a longer, deeper channel would be needed in order to pull the catch basin back farther. There is not enough gradient behind the northeast corner of the barn to handle the barn roof drainage. There is not much gradient around the barn; the barn is lower than originally expected; all of the catch basins are underground because overland there is not enough gradient. It is possible to pull back modified riprap lined silt basin from 10' to 25' from the wetland boundary and have a longer grass spreader; a grass spreader is an acceptable surface for that velocity of water.
Mr. Lowe said that the front barn roof gutter leaders are not tied into the drainage system yet and the two northern leaders could go north and the other leaders could go to the southeast corner. Mr. LaMuniere said that diverting roof drainage does not relieve much water; road run-off constitutes the largest amount to handle and the relatively flat grade for piping is a problem.
Mr. Picton said that he recommends: 1.Directing water from the driveway turn-a-round area into catch basin # 8 (northernmost basin) but not to catch basin # 7, so that water won't go across the manure littered driveway. 2. Because both road drainage and half of the barn roof drainage are now directed into one outlet (catch basin # 6) and a
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stream lies just 20 from the wetland boundary at that point, it would be best to move the outlet back from the wetland boundary.
Mr. Picton spelled out the Commission's requests as follows: 1.Move the level spreader outlet for the southernmost pipe back another 15' to sit at 25' from the edge of the wetland. 2.Direct water around the north edge of the driveway on the north side of the barn into the new catch basin # 8. 3.Direct roof drainage from the west side of the barn roof's two northern leaders to catch basin # 7 on the north side of the barn and direct the rest of the roof leaders on the west side of the barn to the southeast side of the barn into the low ground of cleared area and include a level spreader. 4.Establish a maintenance schedule for the catch basins.
Mr. Neff said that he will submit the new revisions at the next meeting.
Mr. Picton recommended continuing to stabilize the area around the barn. Mr. Ajello will send a letter to confirm that work in the fields has stopped and direct work around the barn to continue.
Hildmann, IW-03-15 ATF, 34 Popple Swamp Road, Construct Gravel Driveway & Horse Riding Ring.
Anton Hildmann and Brian Neff, Civil Engineer, were present. Mr. Neff said that a soil scientist inspected the site and flagged the wetlands but he had not located all the flags; the wetlands will be surveyed and mapped before the next meeting.
The Commission will make a Site Visit on Wednesday, May 7, 2003 at 4:00 p.m.
Mr. Hildmann said he will stake out the area for the riding ring, now that he knows where the wetlands are located.
Feldman/Frater, IW-03-16, 123 West Shore Road, Install Floating Dock, Repair Stone Wall, Renovate Boat House.
Dave Wilson, Contractor, was present and he answered the members' questions and explained the following: 1.At the edge of the lake there is a retaining wall with a broken concrete cap, which is planned to be removed and replaced; a turbidity curtain placed in the lake will keep wave action away from the wall during construction and stone cut in sizes that can be carried by two or three men will be put in place and then filter fabric will be put down behind the stone wall and covered with topsoil for a lawn. 2. The existing floating dock is now out of the water. Two docks are proposed, one for a scull with a ramp at the end going to water level and one for a motorboat and swimming. The docks will have cross-tie anchors to keep them from moving via wind and water. 3. The property line goes to the edge of the water. He will submit an A 2 survey map. 4. The plan includes reconstruction of the boat house, which will store the skull. The existing boat house base is on piers and one portion consists of a concrete patio with a deck on top. The architect designed the new boat house to be canti-levered, so that there is room to maneuver the 26' scull out from underneath, where it will be stored lengthwise. The piers will be moved back to make room for the skull underneath; some piers will be removed and some new piers installed; the entire concrete pad will be removed and the building reconstructed. The existing roof extends over the concrete pad and the new roof will be the same height and the building is planned to not extend beyond the existing footprint. 5. The excavator will sit on the road and reach out to do it's work.
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Ms. Purnell noted that the language in the Town of Washington's regulations is as follows: "a dock, as of right" and she said one dock with different sides could accomplish the same goal.
The Commission will make a Site Visit on Wednesday, May 7, 2003 at 3:15 p.m.
New Applications
Fish, IW-03-18, 201 Wykeham Road, Construct Driveway.
Brian Neff, Civil Engineer, was present and he answered the member's questions and explained the following: 1. The driveway plan, "Proposed Driveway Plan, Robert Fish Residence, 201 Wykeham Road by Brian E. Neff, L.E., dated 4-15-03" shows the wetlands flagged (done 10-12 years ago) and the driveway going through the western side of the wetlands; no wetland crossings are planned; the stone wall, along the down-grade side of the driveway, acts somewhat as a buffer. The closest point of the driveway to the wetlands measures 30'- 40' at the lower end of an open field. 2. The house site is tentative, set in back away from the wetlands within the confines of this 30 acre irregular lot; the hayfield in front is designated a building restricted area; there will be no tree cutting for the house as there is an open field in back; septic test holes are good.
The members agreed that the house construction phase needs to come back to the Commission for approval.
The Commission will make a Site Visit on Tuesday, April 29, 2003 at 4:00 p.m.
Steep Rock Assoc., IW-03-17, Macricostas Preserve (Meeker Swamp) RT. 202, Trail Boardwalk.
Susan Branson, Executive Director, was present and she answered the member's questions and explained the following: 1.The goal is to create a trail connecting to the existing trail around the edge of the cornfield to the old woods road. 2.The plan for the foot bridge to cross Bee Brook is unknown to date, because the design will probably be done by Adam Woodruff, Eagle Scout, who worked on the plans for the bridge in Steep Rock; the span would measure approximately 30'; Steep Rock plans to consult with a professional engineer about this project. 3.Two sections (mucky wetland) of the trail require a walkway, one is 40' in length and the other 68' in length and the design will be 10" wide 12-16' long, white oak planks secured with cross pieces at each end and placed on the trail. 4.The old woods road section of the trail requires small tasks of clipping and trail maintenance (clearing dead wood.)
MOTION: To APPROVE the application Steep Rock Assoc., IW-03-17, Macricostas Preserve (Meeker Swamp) RT.202, Trail Boardwalk subject to the Commission's approval of the bridge design. By Mr. Picton, seconded by Ms. Purnell and passed 5-0.
( Note: This vote invalid. Commission may not act on any application less than 14 days from the application date of receipt.)
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New Applications
Daudelin/Arciola, IW-3-19, 9 Dark Entry Road, Lot Development.
Diane Daudelin and Tim Arciola were present.
Mr. Ajello said this application was referred to him by Janet Hill, Zoning Officer and he visited the site on 4-4-03 and again with Charles LaMuniere on 4-7-03. Mrs. Dorothy Hill visited the site with Sean Hayden, who saw a small amount of mottling; he looked more carefully in the proposed septic area. The soil report by Cynthia Rabinowicz, Soil Scientist, Conn Soil, dated April 13, 2003 stated there are no wetlands identified on this site but the soils are moderately well drained and somewhat poorly drained and there is a high water table 15-20" below grade and there are wetlands on the adjoining lot within the 100' wetlands review area; the lot line ranges from 30' to 75' distance from the wetlands. Mrs. Dorothy Hill talked to Suzanne Von Holt, Sanitarian, who said that she has no concerns except the Zoning 100' setback from the septic to the wetlands. Ms. Von Holt explained that the effluent is taken care of within 15' of a septic field.
The members discussed whether this site requires an Inland Wetlands application. Ms. Purnell pointed out that the Commission is beholden to protect the water resources of this town and they can make certain best management practices are used during construction and it would be best to give consistent attention to all sites within 100' of wetlands. Members agreed this site does require a regular application and requested the following: 1.A copy of each map submitted (Site Plan and Septic Plan.) 2.An erosion control plan. 3. A construction sequence. 4.The limit of clearing/disturbance proposed. 5.A planting plan; tree line depicted on the map. 6.A silt basin is to be installed at the end of the swale. 7.No stumps are to be buried on the site.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Brown, Longview Landing Inc,. IW-02-V3, 96 Romford Road, Dam Failure
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
S.M.R. Partners, IW-03-V5, 103 Baldwin Hill Road, Permit Violation, Deposition of Materials.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing
Mrs. Hill noted there is nothing new to report about the five above cited applications.
Stiteler, West Shore Road.
Mr. Ajello reported that he visited the site and found buffer planting along the shore with a 5' width of natural grass between the beach and lawn. Ms. Purnell pointed out that the applicant did not keep to the planting plan per a condition of the approval. Mr. Ajello will send a letter to the applicant regarding this issue.
Consideration of Minutes
Regular Meeting - April 9, 2003
page 5
MOTION: To ACCEPT the minutes of the Regular meeting on April 9, 2003 as amended. By Mrs. Korzenko, seconded by Mr. Picton and passed 4-0-1. Ms. Purnell abstained as she did not attend this meeting.
Site Inspection re: Steep Rock Assoc. IW-0317
MOTION: To ACCEPT the minutes of the Site Inspection re: Steep Rock Assoc. IW-03-17 on April 16, 2003 as written. By Mr. LaMuniere, seconded by Mrs. Hill and passed 5-0.
Site Inspection re: Maury/Cady IW-03-10
MOTION: To ACCEPT the minutes of the Site Inspections re: Maury/Cady IW-03-10 on April 4 and April 22, 2003 as written. By Mrs. Hill, seconded by Mr. LaMuniere and passed 5-0.
Old Business
Garrity, 60 Scofield Hill Road.
Mr. Ajello said that he had not visited the site to date.
Sheinfeld, IW-02-61 ATF, 112 Lower Church Hill Road, Modify Deed Restrictions, In-ground Pool.
Mrs. Hill said that she asked Dirk Sabin to speak with Mr. Sheinfeld about the mylar map to be recorded with the Town Clerk and that Mr. Sabin asked her about removing the concrete pad left from the pool mechanicals and leaving the boulders in place. Members agreed that they want more details first.
MOTION: To ADJOURN the meeting by Ms. Purnell. All agreed at 11:13 p.m.
Katherine Moquin
Land Use Secretary
May 2, 2003
April 9, 2003
Members Present: Dorothy Hill, Charles LaMuniere, and Robert Weber.
Members Absent: Helen Gray, Marguerite Purnell.
Alternates Present: Candace Korzenko, Mark Picton.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Marc Daft, Reporter from Voices, Susan Branson, James Ross, Anton Hildmann, Brian Neff, and David Wilson.Dorothy Hill called the meeting to order at 7:06 p.m., Wednesday, April 9, 2003. Members seated were Dorothy Hill, Charles LaMuniere, Robert Weber, Candace Korzenko for Helen Gray and Mark Picton for Marguerite Purnell.
Pre-application Advice
Steep Rock Association, IW-03-17, Macricostas Preserve (Meeker Swamp) RT. 202, Trail Boardwalk.
Susan Branson, Executive Director, was present and she answered the member's questions and explained the following: 1.The goal is to construct a foot path ( approximately 200 feet long) across a section of wetlands to access the other side of the corn field. This would include a foot bridge. 2.The Trails and Stewardship Committee is not interested in an elaborate construction. 3.A possible location for the trail has been marked and she would like the Commission to visit the site to gather their input before submitting an application.
Mr. Ajello made the following points: 1.A boardwalk will keep people on the path and out of the wetlands. 2.The bridge would need to be designed to withstand a 100 year flood and provide safe passage. 3.An alternate to pressure treated wood needs to be considered.
The members agreed that the foot path and the foot bridge can be included in one application. The members will make a Site Visit on Wednesday, April 16,'03 at 9:00 a.m.
Pending Applications
Ross, IW-03-12, 199 Baldwin Hill Road, Construct Barn.
James Ross was present and he answered the member's questions and explained the following: 1.The alternate site farther back on the property is near his reserve septic area, which includes a reserve and he might want to put a bathroom in the barn. There is not enough room there for the barn without blocking off any usable septic area. Septic fields are required to be 100 feet from wetlands according to the Health Code and he consulted with Suzanne Von Holt, Sanitarian, about this. 2.A few trees will be removed including a white birch. 3.The basement of the barn will have a walkout at floor level leading to a gravel pad. There will be an 8 foot foundation wall in the front of the barn and the barn dimensions are 36 x 25 feet.
The members made the following points: 1.Serious care needs to be taken with silt fences during construction. 2.The submitted topography map is not accurate as to the present grading. The proposed upper site is very constrained by a mound, boulders and the tree line and the 40 foot distance to wetlands. 3.A compact area of development is better than an extension out to the back of the property. 4.The driveway to the back of the barn is not depicted on the map. 5.A condition of the permit would be to locate the barn closer to the house and farther from the existing tree line and wetlands.
Mr. Ross depicted the changed barn site on the map to 50 feet in distance from the house and 40 feet in distance to the tree line and he depicted the grass driveway on the map and signed his name.
MOTION: To APPROVE the application Ross, IW-03-12, 199 Baldwin Hill Road, Construct Barn AS MODIFIED to locate the barn site approximately 40 feet distance from the back of the barn to the treeline and exactly 50 feet distance from the barn to the house and with the following conditions: 1.No further encroachment of the lawn into existing woodland at the back of the barn is to take place. 2.Particular care is to be given to silt fences placed at the point of the downhill slope to ensure that no erosion goes to the wetland. By Mr. Weber, seconded by Mrs. Korzenko and passed 5-0.
Mr. Weber said that he is not thrilled with either site but is in favor of the site with the least digging for a driveway and which leaves the septic area alone.
Mrs. Korzenko agreed with Mr. Weber and pointed out that Mr. Ross will need to come back to receive a permit from Inland Wetlands for a septic tank, which is in the upland review area, although the septic fields are out of the upland review area.
Mr. LaMuniere and Mr. Picton agreed with Mr. Weber.
Mrs. Hill had Mr. Ross add a riprap spreader at the end of the footing drain at the tree line to the project description narrative and add the justification for not using the feasible/alternate back site which was+ to allow for future septic expansion.
New Applications
Hildmann, IW-03-14 ATF, 34 Popple Swamp Road, Drainage System.
Anton Hildmann and Brian Neff, Civil Engineer, were present. Brian Neff answered the members questions and explained the following: 1. The plan, "Drainage Plan, Anton & Siegrid Hildmann Barn, 34 Popple Swamp Road, by Brian E. Neff, P.E., dated 4-5-03." shows the existing piping and catch basins. Two catch basins (CB1 and CB2 along the road) were required by the Town of Washington. 2. The pipe outlet located just before the steam could use a silt basin at the end of the piping to catch any material before it goes into the stream. Some road sand will travel there. The silt basin would be excavated with rocks placed on the outside. 3. At this point, some installed pipe lies on top of the ground on either side of the barn. 4. The entire septic system is located outside the upland review area and the corresponding piping runs along the road to another location. 5. Solid manure is being transported in wheelbarrows to the dumpster. 6. The grading will pretty much stay the same. 7. The stockpiled topsoil will be used on the site, where it can be best utilized. 8. The parking area will consist of crushed stone to aid in dispersing roof run-off. 9. All the catch basins lie underground and have sumps.
Mrs. Hill, Mr. Picton and Mr. Ajello visited the site on April 5, 2003. Mr. Picton said there is an opportunity to create a swale, in which grass and shrubs will grow quickly, around the edge of the drive at the business end of the barn, hoping to make a longer surface for drainage to filter material before it reaches the wetlands. Mr. Ajello pointed the following: 1. The winter started early and he guesses that semi-frozen ground had been backfilled then and not properly mulched with hay; also proper erosion controls were not used. The drainage next to the dumpster holding manure (the pitch was adjusted) seems to be working and the pipe runs clean. Catch basin #7, next to the manure pile, goes to # 8 pipe, which goes to the woodland behind the barn and not to the wetland. 2. The ground pitch feeds the water into the lower catch basins.
Mr. Hildmann said there is a provisional cover on the dumpster holding manure and there will be a permanent cover to ensure that no rain enters the dumpster.
The members expressed concern about this site located at the edge of wetlands and the increasing number of ground-disturbing activities: 1.The map submitted for barn construction did not show a drainage system or the portion of the existing driveway going into the wetlands. 2.Barn construction plans did not include plumbing. 3.Originally the Hildmanns stated that there was no need for a pasture.
The members asked for the following: 1 The gravel drive is to be depicted on the plans. 2.CB6 catch basin outlet is to be modified to spread out run-off to create a longer drainage travel time to the wetlands. 3.The catch basin next to the area where the manure is handled is to be changed to direct drainage away from this area. 4.The silt basin proposed tonight for the area where drainage goes into the stream is recommended to be as far from the stream as possible.
Hildmann, IW-03-15, 34 Popple Swamp Road, Construct Gravel Driveway.
Anton Hildmann and Brian Neff, Civil Engineer, were present. Mr. Neff answered the members questions and explained the following: 1.The proposed 10 foot wide gravel driveway is planned as an all-weather access to a proposed riding ring at the north end of the property. Curtain drains (8 inch piping) will be placed under the riding ring. The outlet of the piping is shown on the plan, "Horse Riding Ring & Pasture Access Plan, Anton & Siegrid Hildmann Farm, 34 Popple Swamp Road, by Brian E. Neff, P.E., dated 4-7-03." 2. There is 12 inches of topsoil existing in the area proposed for the driveway. The topsoil will be removed and placed on both sides of the path. Then filter fabric and 350 yards of 3"minus processed gravel will be put down on the path. The driveway will be flat and lie parallel with the direction of the water flow. He is not expecting the flow of water to cross the driveway.
Mr. Hildmann answered the member's questions and explained the following: 1.The actual boundaries of clearing are the same as the areas marked on the above cited map, except for one small section cleared by mistake. 2.The area for the 60 x 180' riding ring will be leveled and sand put on top. There will not be a surrounding fence but they will use portable cones for delineation. A tractor will be used to rake the riding ring level when necessary. 3 The area behind the house, which now is woodland and some meadow on the other side of the stream, had been cleared when he bought the house. 4.The stumps and chips from clearing in the pastures will be taken off the property.
The members expressed the following concerns: 1.The permit (IW-02-20) issued to construct the barn, specified that the driveway end on the barn side of the stream. They imagined only horses walking out to the pastures and no vehicle traffic going there. 2.The area proposed for the riding ring has not been analyzed by a soil scientist. The USGS map is not necessarily accurate but rather general in scope. 3. There doesn't seem to be a necessity for a gravel drive, across 600-800' of wetlands, out to the riding ring, when horses could walk on a 4-6' path of grass and woodchips. 4.Disturbing only 30% of the area soil is a condition which was set for the clearing of pasture. To date, the clearing has approached 30% and should stop now. 5. An Enforcement order may be considered to ensure future activities are done according to permit conditions.
The members requested: 1. The area designated to be a riding ring is to be flagged for wetlands by a soil scientist and surveyed by an engineer. 2. A silt basin is to be constructed in the catch basin #7 location. 3.The outlet for the catch basin #6 is to be re- located well before the wetlands. 4.More specifications for the gravel driveway are to be submitted. 5. A turn-a round area is to be depicted on the above-cited map. 6. A written explanation for the necessity of a gravel drive out to the riding ring and justification for not using an alternate plan is to be submitted. 7.This is an after the fact application and requires an additional fee of $60.00 according to regulations. 8.They decided not to send a cease and desist order in writing, because the had verbally explained these issues to Mr. Hildmann.
Feldman/Frater, IW-03-16, 123 West Shore Road, Install Floating Dock, Repair Stone Wall, Renovate Boat House.
David Wilson, Contractor, was present and he answered the members questions and explained the following: 1.Mrs. Frater is a world class rower and a skull requires a low dock; the other of the two docks planned will be higher for boats. The docks will be made with mahogany or cedar wood. 2.The stone wall is now capped in concrete and is planned to be replaced with a cut stone cap. The concrete cap will be removed in large pieces and lifted out with a machine from the road, which lies close by. Anchor pivots will be set into the wall for the docks. 3.An application to the ZBA Commission will be submitted to obtain a permit to extend the boat house during renovation. A concrete deck, open above, exists now and is sitting on piers. The concrete deck will be removed.
The members reviewed the plan, "Frater Dock, Lake Waramaug, CT., Preliminary Design for Filing by Alexander Antonelli, Architect, P.L.L.C., dated 2-26-03 " and requested the following be submitted: 1. The lengths of the docks. 2.The construction sequence. 3. A depiction, to distinguish the part of the boat house that exists and the part which will be added, to be put on the plan.
Pending Applications
Brown, IW-03-09, 96 Romford Road, Permanent Dam Repair.
Mrs. Hill noted that she wrote a letter, dated 3-14-03, to Dr. Brown asking him to comply with the recommendations submitted by Land Tech Consultants, Inc. She asked Ms. Moquin to call Dr. Brown to remind him to submit a request for an application extension.
Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Property Line Revision & Site Development.
Dr. Michael Klemens made a Site Visit on 4-4-03 with Dirk Sabin as a guide; Mrs. Hill and Mr. Bedini were also present. Mrs. Hill noted that Dr. Klemens will make another Site Visit when the weather improves.
Mr. Weber asked Mrs. Hill to call Dr. Klemens to request a preliminary report before the continuation of the Public Hearing on April 23, 2003. Mrs. Hill noted that the Commission is waiting for Dr. Klemen's estimated fee to be submitted by the applicants.
The members had unanswered questions including: 1.Hydrology calculations.2.Is there enough water to create viable ponds. 3.Water flow calculations/watershed analysis. 4.Possibly the weir structure, proposed for overflow from the pond, is not sufficient for a 100 year storm. 5.An engineered plan. 6.Calculations for a six lot development plan for this property. The members agreed that their main issue is the proposal to create ponds out of pristine headwater wetlands.
The Commission will make a Site Visit on Tuesday, April 22, 2003 at 10:00 a.m.
Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mrs. Hill will call Mr. Beck to tell him that Cynthia Rabinowicz, Biologist, is accepted by the Commission to oversee the wetland restoration.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mrs. Hill talked to Curt Smith, Bradford Smith & Son: 1.He is taking over the wetland restoration job for Dudley Ashwood. 2.He has a survey map, which was flagged for wetlands years ago by Bruce Laskey. He will mark the original wetland line and hire someone to remove the overburden and replant, following the guidelines of Kathy Johnson, N.R.C.S. 3.He will have information for the members to review as of two meetings from now on May 14, 2003.
S.M.R. Partners, IW-03-V5, 103 Baldwin Hill Road, Permit Violation, Deposition of Materials.
Mrs. Hill talked to Mr. Gitterman today. He said he has an engineer working on a plan for the driveway and that all he previously did was what he was allowed to do and he asked why he is expected to team up with the co-owner of the driveway to submit an application.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing.
Mrs. Hill talked to Attorney William Fairbairn this evening and he will have a map showing the center line of the right of way from Michael Alex, L.S. by Friday, 4-11-03.
Hildmann, IW-03-14 ATF/IW-03-15 ATF, 34 Popple Swamp Road, Drainage System.
Mrs. Hill noted that there is a driveway going across the stream behind the barn and Commission did not permit a driveway in any shape or form but did allow pasture to be re-instated according to the agricultural exemption for grazing land.
Mr. Ajello read portions of the regulations on the limits of exemptions including: shall not be construed to include road construction ......filling or reclamation of wetlands or watercourses with a continual flow, .......................does not carry with it the rights to disturb the natural and indigenous character of wetlands or watercourses.
Mr. Ajello will tell the contractor he may continue with erosion controls and putting down gravel around the barn, while the field clearing is suspended.
Consideration of Minutes
Regular Meeting - March 26, 2003
MOTION: To ACCEPT the Minutes of the Public Hearing re: Maury/Cady IW-03-10 and the Regular Meeting on March 26, 2003 as amended. By Mrs. Hill, seconded by Mr. LaMuniere and passed 5-0.
Site Inspection re: Ross IIIW-03-12 - April 1, 2003.
MOTION: To ACCEPT the Minutes of the Site Inspection re: Ross IW-02-12 on April 1, 2003 as written. By Mrs. Hill, seconded by Mr. LaMuniere and passed 5-0.
Administration
Mrs. Hill informed the members that the Conservation Commission is requesting that they notify them a.s.a.p. when a Conservation Easement is to be recorded.
Old Business
Garrity, 60 Scofield Road.
Mrs. Hill said that Mr. Garrity extended a curtain drain, without a permit and his neighbor, Diane Stevens, has been at issue, for years, with the resulting water and erosion problems on her property.
Mr. Weber noted the following: 1.Mr. Garrity agreed to pull the pipe back and install a spreader at the outlet. 2.There is no site inspection report in the file. 3.The Health Dept. approved the curtain drain. 4.Water runs across the Steven's property to the Papsin's property.
Mr. Picton pointed out that storm water drainage is not within the Commission's jurisdiction if the water flow stops after a storm, unless sediment ends up in a wetland.
Mrs. Hill will send a letter based on the draft letter of 9-13-01, which was never sent. Mr. Ajello will investigate this situation.
Enforcement Officer's Report
Bohan, IW-99-16, 72 Mygatt Road
Mr. Ajello said that Mr. Bohan is developing the lot next to his house and Mr. Bohan said that he will continue the work after mud season.
Hochberg, Couch Road
Mr. Ajello reported: 1.He made a site visit on 4-4-03 per Mr. Hochberg's request to see the high water on the pond site. 2. He pointed out several wetland indicators and advised Mr. Hochberg to hire a professional engineer and to consider giving the excavated material to an excavator instead of spreading it on the property.
DiBenedetto, IW-03-04, 214 Calhoun Street, Brush Removal Near Wetlands.
Mr. Ajello reported that he made sure the stone wall repair did not include extending it and asked for a silt fence placement between the wall and the stream.
The Commission will make individual Site Visits before the next meeting.
Daudelin/Arciola, 9 Dark Entry Road.
Mrs. Hill said that she intends to visit the site tomorrow, knowing this small lot is wet but not knowing if it is wetlands. Mr. LaMuniere made a site visit on 4-7-03 and said that a soil scientist report is the only sure analysis.
Sheinfeld, IW-02-61, 112 Lower Church Hill Road.
Mrs. Hill said that she call Mr. Sheinfeld several times and left messages.
MOTION: To ADJOURN the meeting by Mr. LaMuniere. All agreed at 11:12 p.m.
Katherine Moquin
Land Use Secretary
March 26, 2003
Members Present: Dorothy Hill, Helen Gray, Charles LaMuniere, Marguerite Purnell, and Robert Weber.
Alternates Present: Candace Korzenko, Mark Picton, and Anthony Bedini.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Dirk Sabin, Mr. and Mrs. Maury, Elizabeth Corrigan, John Corrigan, Curtis Read, Marc Daft, Reporter for Voices, Chris Charles, Susan Larson, Bob Larson, Diane Duprius, Paul Harkness, Judy Auchincloss, Seymour Surnow, Blaise Donnelly, James Ross, and Brian Neff.Dorothy Hill called the Public Hearing re: Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Lot Line Revision & Site Development to order at 6:30 p.m., Wednesday, March 26, 2003. Members seated were Dorothy Hill, Helen Gray, Charles LaMuniere, Candace Korzenko for Robert Weber and Mark Picton for Marguerite Purnell.
Dirk Sabin, Landscape Architect, presented the following: 1.This 73 plus acres property is part of a headwater area (upper limits of a watershed) which drains in two directions, west and south, to Sprain Brook. The extreme headwater zone is northeast of this property. The drainage going west to Sprain Brook comes from the western and northwestern corner where there are vernal pools and the drainage going south to Sprain Brook comes from an intermittent stream going through the central western corridor of the property. 2.For the most part, there are rocky well drained Hollis soils in the northern and western portions of the property and well drained complex Charlton soils in the eastern and southeastern portions. The wetlands soils are primarily of the Leicester series. The property is nearly all vegetated, dominated with oak trees and includes sugar maples, ash and tulip poplar and beech trees. There is a small meadow area to the east and an area of pole growth (younger / re-vegetated) in the east and southeast. The southerly section contains a modest under-story and running along Carmel Hill Road there is invasive burning bush extending to 200-300 feet deep. There are stonewalls including a classic zigzag stonewall. 3.The wetlands function ( what swamps are able to do) is hydrologic for the wildlife and filtration and infiltration for storm water detention. 4.As this property stands today, there are three parcels. One lot is landlocked but has a right of way. Based on the Zoning regulations, there maybe potential for six lots. Zoning allows three lots to be served with one common driveway. 5.This plan proposes to create two parcels out of the existing three and give 43 acres, including the vernal pools, more mature woods and central wetlands, to Steep Rock Association as a conservation easement. 6.Two homes are proposed, each with separate driveways. The first house is planned with a tennis court, pool, meadow buffer areas, some lawn and a pond down below; there will be plantings (native shrubs and trees and fescue) along the driveway for restoration. A portion of the driveway will be on an existing wood road and then the driveway (Lot 1) will go around a spruce grove. There will be a buffer space between the driveway (Lot 2) and the nearest of the vernal pools. The second house at the top of a hill is planned with a viewing terrace, tennis court, pool, existing stream where dams are proposed to be re-constructed and native species planted as a buffer, meadow and orchard area at the bottom of the slope and a pond in the wetland area. The driveway will have a wetland crossing over the intermittent stream and native species planted to create a buffer to the wetlands. 7.The plans show the quantity of each species to be planted around the ponds and along the driveways, perimeter silt fencing below the construction zones and at the edges of disturbance, stockpile locations, anti-track pads, temporary sediment controls,
temporary diversions of water flow during construction, and in-stream filters. Regular inspections and reporting of the erosion and sediment dynamic will be done, so that problems will be seen to as they arise. The disturbed areas will be stabilized before work is done in other areas. 8.The pond planned for the larger house site is located in the lowest part of the site and is proposed at a center depth of 12 feet with an emergent shelf and plantings on the northwest side. The pond planned for the smaller house site is proposed at a center depth of 9 feet and also has an emergent shelf and plantings. The depth and size of the ponds will create cold water habitat and stratification. There is a small wooded knoll between the two ponds. A dry hydrant will be installed next to each pond for fire protection. 9. Alternatives to these plans have been considered. The best sites for the houses are at the top of a hill and between stone walls in order to protect the wetlands. The pool mechanics are placed out of the 100 foot inland wetlands review area. Constructing the ponds in other locations is not possible because of the existing grades, though the larger pond (1.1 acre) could be reduced in size by point 0.33 acres at the narrow northerly end, which would result in more wetlands remaining; as it is proposed now, he submitted a plan to leave about 2/3 to of an acre of this wetland intact. The design and details of the ponds were made with wildlife habitat in mind and there will be a gradual grade from the ponds to the swamp areas and shading will be preserved for the westerly sides of the ponds. The tennis court for the smaller house site is planned to be in a sunny area closer to the wetlands because more ground work (disturbance) would be required elsewhere. There will be temporary and some permanent impacts to the wetlands.
Mr. Sabin answered questions from the members: 1.The fire hydrants exceed the size required by the fire department and will be installed per consultation with the fire marshal. 2.The orchard will be maintained by hand pruning and bushwhacked every two years and accessed by walking across stones in the bottom of the stream. The hillside next to the stream contains seasonal high ground water and will be a buffer area but it is not wetlands. 3.Some trees and underbrush along the stream will remain and be augmented with plantings. 4.The ponds will fluctuate an estimated 2-2 1/2 feet in depth. There is a significant amount of ground water in the central corridor, so that more ground water will be entering the ponds than surface water. The purpose of the ponds is preparation for fires and to add aesthetic value, so that development of this property will be economically feasible. 5.The two small in-stream ponds are proposed to be 100 x 20-25 feet and 20 x 5 feet. These ponds are not vernal pools because running water will go through them and heavy vegetation exists there. 6.Dry wells will be installed for roof run-off. 7.The borrow pit has good soils and water drains quickly there. 8. The wood road shows some scouring from the intermittent water course because the flow of run-off water breaks out and finds the wood road.
Mrs. Hill opened the questions to the audience. Elizabeth Corrigan, neighbor, read and submitted three letters, which included the following concerns about this proposal: 1. The incompatibility of this proposal with Washington Inland Wetlands regulations. 2. The special ecological significance of this property. 3. Habitat destruction. 4.Threats to native flora and fauna. 5. Non-point sources of water pollution. 5.The need for quality open spaces and biodiversity.
Curtis Read, Chairman, Northwest Conservation District, Exec. Com. of Pomperaug River Watershed Coalition, Member and past Chairman of Bridgewater Conservation and Inland Wetlands Comm., Pres. Little Simon Properties, Inc. V.P. Hydro Technologies, Inc. read and submitted a letter, which included the following concerns: 1.Extremely sensitive and complex network of wetlands connected with vernal pools exists here. 2.Significant grading and excavation proposed. 3.Highest value wildlife habitat exists here. 4.There are other properties available with open area development. 5.Constructing large ponds would cause thermal changes to Sprain Brook. 6.The disturbance will cause permanent harm to this ecosystem which should be protected as a headwaters.
John Corrigan, neighbor, asked about using sprinkler systems.
Chris Charles, Washington resident, asked if Steep Rock Assoc. agreed to accept the conservation easement and Mr. Sabin said that Steep Rock is interested but nothing can be done towards this arrangement until a permit is issued.
Mr. Sabin said that a lot of the judgments made tonight compare this proposal with no-development and adding that he took exception to the term "junk wetlands". He answered more questions from the members: 1.The conservation easement area follows some stone walls and the rest can easily be flagged. 2.He submitted this proposal to create ponds in the wetlands to the D.E.P. and he will submit this proposal to the Army Corp. of Engineers post an approval from Inland Wetlands. 3.No deep test pits had been dug yet per a consultation with Dudley Ashwood, P.E., who thought septic test holes will succeed in most places. 4.If permits are issued then construction will start this Spring.
Ms. Purnell pointed out: 1.Part of the clearing for the driveways planned will be done in the conservation easement area. 2.Wetlands have different kinds of micro-topography. The mono-culture of a pond is not a legitimate offset for the diverse-culture of wetlands. Hank Gruner, Science Center of CT., couldn't commit to agree that creatures will migrate through the site when ponds are constructed. 3.There is no guarantee that future owners will respect conservation management of the property.
Mr. Picton expressed concern about building ponds in the wetlands and the ability to enforce a conservation easement.
Ms. Purnell requested calculations by a surveyor for six possible lots and text explaining the feasible and prudent alternatives explored to date. She said that not building is always an option.
Mrs. Hill said the Commission is expecting a review by Michael Klemens, Herpetologist. She suggested waiting one month to continue the Public Hearing.
MOTION: To CONTINUE the Public Hearing re: Maury/Cady IW-03-10 on April 23, 2003 at 6:00 p.m. By Ms. Purnell, seconded by Mrs. Hill and passed 5-0.
Dorothy Hill called the Regular meeting to order at 8:35 p.m., Wednesday, March 26, 2003. Seated members were Dorothy Hill, Helen Gray, Charles LaMuniere,Marguerite Purnell and Robert Weber. Also present were Anthony Bedini, Candace Korzenko and Mark Picton.
IV. Pending Applications
Lecher, IW-03-11, 97 West Shore Road, Shoreline Planting.
Dirk Sabin, Landscape Architect, was present and submitted a narrative (A summary of this projects elements,) dated 3-25-03.
Ms. Purnell asked about planting hay-scented fern. Mr. Sabin said he picked it because it is tough and this is not an easy area for plants to thrive and the road makes this a defined area but he will look into another variety.
Mr. Picton asked about the existing conditions. Mr. Sabin said there is gravel and scratchy meadow and they will have to build a rich soil.
MOTION: To APPROVE the application Lecher, IW-03-11, 97 West Shore Road, Shoreline Planting per the plan, which is entitled " Proposed Lake Buffer, Demonstration Planting, Mr. & Mrs. Andrew Lecher, The Lake Waramaug Task Force by Dirk Sabin, L.L.A., and dated February 21, 2003" and with a condition that Dirk Sabin re-evaluate the use of hay-scented fern in his planting plan. By Mrs. Hill, seconded by Mrs. Gray and passed 5-0.
Ms. Purnell said she believes this plan to be a definite improvement and a good project. Mrs. Gray agreed and recommended some monitoring. Mr. Picton agreed and said he would like to see fewer lawns. Mrs. Hill agreed and believes this will be good for the lake and hopes this project goes well.
Ross, IW-03-12, 199 Baldwin Hill Road, Construct Barn.
James Ross was present. Members reviewed the map, which is entitled "Sub-Surface Sewage System, 199 Baldwin Hill Rd., Mr. James Ross by R.J .Madden, P.E., dated August 16, 1999 and revised by Jim Ross March 3, 2003."
Mr. Ross answered questions from the members: 1. The barn site chosen will allow room for a pool to be installed in the future. 2. The driveway going to the proposed barn will be constructed with bank-run gravel and grass planted on top. 3. The boat could be stored on planks in front of the barn as an alternative to cutting trees in the back of the barn to make room for access. 4. The barn site is relatively flat and the grade for the driveway to the barn will not be changed. 5. Moving the barn location to the front of the house is not an option because his wife said no. 6. The distance from the barn to the wetland flag is 40 feet. The wetlands were flagged by Eugene McNamara, Soil Scientist, in 1998. 7. The original site chosen for this proposed barn was farther to the back of the property, a spot which 110 feet uphill from the wetlands but requires a longer driveway.
Ms. Purnell recommended the barn be located at the site originally considered farther to the back of the property.
The Commission will make a Site Visit on Tuesday, April 1, 2003 at 9:00 a.m.
Mr. Ross will stake out this alternate site.
Levande/Brown, IW-03-13, 88 Baldwin Hill Road, Install Riprap Along One Side of Drainage Channel.
Brian Neff, Civil Engineer, was present and answered member's questions: 1.The erosion is ongoing. 2.There is an existing rock causing turbulence but where the rock is now will be the base of the channel. 3.The large riprap proposed is 6 - 30 inches in size. 4.Some stumps will be removed from the streambed and they should come out easily as the soil has been washed off the roots. The plan is to stabilize just one area close to the well. 5.There is no way to install erosion control in the stream. Filter fabric will be put down and riprap placed on top. 6. As the drainage continues, it goes down the hill to a wet area and runs parallel with Baldwin Hill Road to Calhoun Street.
Mrs. Hill had Mr. Neff add, date and sign the addition of the removal of stumps to the plan.
Mr. Weber said this proposal is relatively straight forward.
Ms. Purnell recused herself as she is not up to date with this application and she did not make a site visit. Mrs. Hill seated Mark Picton for Marguerite Purnell.
MOTION: To APPROVE the application Levande/Brown, IW-03-13, 88 Baldwin Hill Road, Install Riprap Along One Side of Drainage Channel per the Project Description which is entitled "Drainage Channel Stabilization Plan, Robert Levande & Andrea Brown Residence, 88 Baldwin Hill Road by Brian E. Neff, P.E., dated 3-12-03" and per the Construction Sequence included in the above cited plan. By Mr. LaMuniere, seconded by Mrs. Gray and passed 5-0.
Mr. Weber recommended this project be done as soon as possible.
Mrs. Hill re-seated Marguerite Purnell.
Brown, IW-03-09, 96 Romford Road, Permanent Dam Repair.
Mr. Ajello reported that the dam had not suffered any erosion to date.
The members reviewed the report from Land Tech Consultants, Inc., dated 3-10-03 and all agreed to ask Dr. Brown to implement these recommendations by Land Tech. Mrs. Hill will write to Dr. Brown stating this request.
Ms. Korzenko recommended consulting the D.E.P. Dam Safety Unit. Mr. Ajello will call Wes Marsh at the D.E.P.
V. Enforcement
Mayflower Inn, 35 Wykeham Road
Mr. Ajello reported that this is a newly purchased property and one building has already been demolished. The second building to be demolished is within the Inland Wetlands Upland Review Area and Janet Hill will request an application be filed for any activities being planned for this area.
Shepaug Realty, IW-03-03, Bee Brook Road
Mr. Ajello reported that the temporary bridge was installed today.
Croasdaile, IW-02-66, 67 River Road
Mr. Ajello reported that the detention basin is working well but some raking and lawn repair needs to be done around the catch basin.
Landon, 156 Calhoun Street.
Mr. Ajello reported the following: 1. A considerable amount of brush and trees were removed from a wetland area just above a small pond by Bill Pollack, a contractor hired by the estate of Mr. Landon. 2. He gave Mr. Pollack stern counsel about contacting the Inland Wetlands Commission before doing any future work in wetland areas.
Ms. Purnell asked Mr. Ajello to write to the Landon Estate regarding this violation and to send a copy to Mr. Pollack.
S.M.R. Partners, IW-02-72, 103 Baldwin Hill Road.
Mr. Ajello reported the following: 1. He received a finish card from Joe Gitterman. He visited the site today and does not consider the work finished though the footing drains are installed. Re-vegetation needs to occur, the stockpiles are still there and erosion controls are still in place per conditions. 2.He observed that riprap had been deposited in potholes at the beginning of the driveway.
Hildmann, 34 Popple Swamp Road
Mrs. Hill and Mr. LaMuniere observed piles of material around the barn. Mr. Ajello said that he spoke to Mr. Hildmann, who assured him Brian Neff will address all the issues of concern in the upcoming application, including manure storage and roof drainage. The members discussed their concerns about: 1. Manure being stored next to the wetland. 2. Where all the water is going from drainage on the east side to the woodland area. 3. The parked trailers. Mrs. Hill requested details of what is presently happening on the site. Mr. Ajello will call the Hildmanns and Brian Neff to ask them to come to the next meeting to address these issues.
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mrs. Hill spoke with Mr. Beck today and he chose to hire Cynthia Rabinowitz as the biologist to oversee the wetland restoration. The Commission approved his choice and a report is due in May.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mrs. Hill talked to Dudley Ashwood, P.E. and he said he obtained the services of a soil scientist and will have something for review at the next meeting.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing.
Mrs. Hill talked to Mr. William Fairbairn and he promised to record a new and accurate easement.
VI. Consideration of Minutes
Regular Meeting - March 12, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting - March 12, 2003 as amended. By Mrs. Hill, seconded by Mr. LaMuniere and passed 4-0-1. Ms. Purnell abstained as she did not attend this meeting.
The corrected/amended minutes (relevant pages) are attached to the end of these pages.
Site Inspection re: Maury/Cady IW-03-10 - March 22, 2003
MOTION: To ACCEPT the Minutes of the Site Inspection re: Maury/Cady IW-03-10 on March 22, 2003 as amended. By Mrs. Hill, seconded by Mrs. Gray and passed 3-0-2. Ms. Purnell and Mr. Weber abstained as they did not attend this meeting.
MOTION: To ADJOURN the Meeting by Mrs. Gray. All agreed at 10: 23 p.m.
Katherine Moquin, Land Use Secretary April 4, 2003
March 12, 2003
Members Present: Dorothy Hill, Helen Gray, Charles LaMuniere.
Members Absent: Marguerite Purnell, Robert Weber.
Alternates Present: Candace Korzenko.
Alternates Absent: Anthony Bedini, Mark Picton.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: James Ross, Dirk Sabin, Thomas McGowan, Brian Neff.Dorothy Hill called the meeting to order at 7:03 p.m., Wednesday, March 12, 2003. Members seated were Dorothy Hill, Helen Gray, Charles LaMuniere and Candace Korzenko for Robert Weber. IV. New Applications
Ross, IW-03-12, 199 Baldwin Hill Road, Construct Barn.
James Ross was present and explained: 1. The map entitled "Sub-Surface Sewage System, 199 Baldwin Hill Rd., Mr. James Ross by R.J.Madden, P.E., dated August 16, 1999 and revised by Jim Ross March 3, 2003" shows an accurate footprint of the house and location for the proposed barn. The area colored in green depicts the tree line and the area colored in green with crisscrossed blue lines depicts the wetlands and the blue line depicts the swale. 2. The wetlands are flagged and shown on the above cited map. The wetlands were flagged by Eugene McNamara, Soil Scientist, for the previous owner in August 1998. A drainage swale comes across Baldwin Hill Road from a catch basin (northeast) and runs along the south side of the property and feeds the wetlands on the southwest side of the property. There are no pipes on the driveway. The house site is the driest area on the lot. 3. The house footing drain, which rarely runs, ends in a riprap spreader on the lawn surface and the barn footing drain will be connected to this. 4. A silt fence will be installed along the tree line. 5. The barn will have a foundation with a walkout to grade in the back. A 19 foot boat is planned to be stored in the lower level of the barn. A firm surface around the barn to the back storage area will be formed by planting grass over gravel.
Mr. Ajello pointed out that the location for the barn, while closer to the drainage area, will have less impact than a location next to the wetlands.
Mrs. Korzenko asked why the location of the barn wasn't closer to the house. Mr. Ross said he didn't want the barn too close to the house and in the future he might put in a pool in that area; however, with 60 feet between the house and the proposed barn, there is some room to move it closer.
Mrs. Hill requested more information be submitted to the file: 1. The quantity of material to be brought in. 2. The plan for the driveway to the back of the barn.
The Commission will individually visit the site before the next meeting.
Mr. Ross will stake out the barn location.
III. Pending Applications
Brown, IW-03-09, 96 Romford Road, Permanent Dam Repair.
Mrs. Hill noted the members were waiting for the review report from Land Tech Consultants, Inc.
corrected
Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Property Line Revision & Site Development.
Dirk Sabin, Landscape Architect, was present and per Mrs. Hill's request, he will talk to the applicants about possible fees for service from Dr. Klemens, Herpetologist.
The Commission will make a Site Visit on Saturday, March 22, 2003 at 8:30 a.m.
Mr. Sabin will be their tour guide.
Lecher, IW-03-11, 97 West Shore Road, Shoreline Planting.
Dirk Sabin, Landscape Architect, and Tom McGowan, Lake Waramaug Task Force, were present. Mr. Sabin summarized the proposed project for the 250 foot length, 6 to 30 foot variable width of shoreline: 1. This is planned as a demonstration buffer of native plant material to show people a way to limit their lawn area. 2. This planting will address an existing Deed Restriction. 3. Any native trees will remain and only dead trees removed. 4. The plan includes: a. A parking area to allow fishing. b. A dense wooded grove. c. A lawn area. d. Sitting areas. e. Dogwood trees and blueberry bushes near the dock. f. A five foot wide area of grasses and wildflowers along the shoreline. g. A dip in the center of the area to catch surface drainage from the lawn, but they are not creating a bio-filter, as previously planned, because it is too complicated.
Mrs. Hill requested a written narrative of this summary of the project's elements.
Mr. McGowan added the following: 1. The Lake Waramaug Task Force has seen more and more people take out vegetation along the shore and put in lawns, gazebos etc. 2. Beaches are not allowed, only floating docks. 3. This project is planned to motivate people to create attractive and beneficial buffers in order to preserve and rejuvenate the lake. 4. The Deed Restriction allows the Task Force to maintain the buffer area and do some monitoring and research. 5. A root structure will be created to retard run-off. There is a need for some lawn and a turf type tall fescue will be used because it is durable and does not require fertilizers. Kathleen Johnson, USDA Natural Resource Conservation Service, reviewed this erosion control and did not suggest a different approach.
Mrs. Korzenko asked about the existing 36 inch ash tree and the proposed planting of river birch. Mr. Sabin said the ash tree is diseased and will be removed and he chose river birch, a hybrid of white birch, because it takes to the environment quite well and is not vulnerable to disease. He said this project is planned as a demonstration of a natural buffer, not a native buffer and he has planned for the generous use of natives and some naturalized species, as long as they are not invasive.
IV. New Applications
Levande/Brown, IW-03-13, 88 Baldwin Hill Road, Install Riprap Along One Side of Drainage Channel.
Brian Neff, Civil Engineer, was present and submitted a photo. He explained: 1. The drainage channel receives storm water from the Town Road and from culvert pipes on the neighbor's property to the west. There is erosion on the south side of the bank in the section that is within 10-12 feet of the well casing. 2. Large riprap will be installed along with filter fabric to 50 linear feet of channel bank adjacent to the well to stop the soil erosion. The rip rap will be 4 feet high from the base of the channel to the top of the bank and amount to thirty tons, a couple of truck loads.
The Commission will individually visit the site before the next meeting.
corrected
V. Enforcement
Hildmann, 34 Popple Swamp Road
Mr. Ajello reported: 1. Brian Neff, P.E., will supply information about the drainage around the barn. There are seven catch basins on Brian Neff's plan but now there exists eight catch basins. 2. A septic system design was done in December 2002 after the Commission approved a plan for a barn without plumbing. Suzanne Von Holt, Sanitarian, approved a septic system for the barn using the existing reserve area and the entire system is more than 100 feet from the wetlands. 3. He sent a letter to Mr. and Mrs. Hildmann pointing out the situation and asking them to submit an after the fact' application.
Mrs. Hill noted that for Beck IW-02-V1, Brown IW-02-V3, Ross IW-02-V4, and S.M.R. Partners IW-03-V5 there is nothing new to report and no new submissions.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation, Construct Wetland Crossing.
Mrs. Hill re-capped the situation: Atty. William Fairbairn recorded with the Town an old subdivision map, showing a different crossing than the one on the map submitted to the Commission for approval. Mrs. Hill will talk to William Fairbairn about recording the right map.
Steep Rock Assoc., IW-03-13, 124 Christian Street, Demolition of Buildings.
Mr. Ajello reported that the contractor is consolidating the rubble to the front of the large barn, so that they won' t have to track through the fields in the back during the Spring.
VI. Consideration of Minutes
Regular Meeting - February 26, 2003
MOTION: To ACCEPT the minutes of the Regular Meeting on February 26, 2003, as amended. By Mrs. Hill, seconded by Mrs. Gray and passed 4-0.
The corrected/amended minutes (relevant pages) are attached to the end of these pages.
VII. Administration
Mrs. Hill consulted the members about the wording of Town Ordinance 710. At a Town meeting, she would like to propose the ordinance be amended to accurately reflect the Inland Wetlands application process. Members discussed and agreed on the wording to be proposed. Mrs. Hill said Atty. Michael Zizka recommended keeping the consultant fee schedule in their regulations for more flexibility, instead of including them in the Town Ordinance. All agreed.
MOTION: To ADJOURN the meeting by Mrs. Gray. All agreed at 9:05 p.m.
Katherine Moquin
Land Use Secretary
March 21, 2003
February 26, 2003
Members Present: Dorothy Hill, Helen Gray, Marguerite Purnell.
Members Absent: Charles LaMuniere, Robert Weber.
Alternates Present: Candace Korzenko, Mark Picton.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Anthony DiBenedetto, Joseph Kistela, Brian Neff, Dirk Sabin, and Susan Branson.Dorothy Hill called the meeting to order at 7:07 p.m., Wednesday, February 26, 2003. Members seated were Dorothy Hill, Helen Gray, Marguerite Purnell at 7:15 p.m., Candace Korzenko for Robert Weber and Mark Picton for Charles LaMuniere.
MOTION: To ADD Steep Rock Assoc., IW-02-13 to the Agenda under New Applications. By Mrs. Hill, seconded by Mrs. Gray and passed 4-0.
MOTION: To ADD Fairbairn, IW-02-54 to the Agenda under Enforcement. By Mrs. Hill, seconded by Mrs. Korzenko and passed 4-0.
IV. Pending Applications
DiBenedetto, IW-03-04, 212/214 Calhoun Street, Remove Invasives & Cut / Prune Dead Trees.
Anthony DiBenedetto was present and submitted a section of the map," Site Analysis Plan, Anthony DiBenedetto, Eileen DiBenedetto, 214 Calhoun Street by T. Michael Alex, L.L.S., dated April 2000," with the wetland boundaries marked in red and showing six brush piles.
Mrs. Hill seated Marguerite Purnell at 7:15 p.m.
Mr. DiBenedetto explained: 1. The blue marking on the above cited map indicates the upland areas and the white marking indicates the wetland areas. 2. There will be no grubbing done. The invasives will be removed now while the ground is frozen. Then the dead trees will be marked and cut. Ten percent of the dead trees will be left as snags (tops broken off.) Native species will be planted in the Spring to create a shrubby wetland border. 3. All the work in the review area will be done by hand. A brush hog will be used on the 10-12 feet of apron, which has been mowed for years. It is not possible to use the brush hog to mow elsewhere, as the land drops down and there is a seasonal volume of water from road run-off , the top of the hill and the big field. Even upland borders are not amenable to mowing. A weed whacker will be used to cut the multi-flora rose 4-5 times during the growing season. 4. The work will be done, in the areas marked #12 and # 15 on the above cited map, as a pilot project ( an acre out of 12 acres ) for the rest of the property. If the work is done to the satisfaction of the Commission, then he will submit a new application for another quadrant of the property to continue in the same manner. The invasives are out of control and removing them will allow him to walk on and use his property. The invasives are also compromising a nice wooded area.
Ms. Purnell made the following points: 1. There are management guidelines for some invasives. Mowing is indiscriminate, so selective pruning is best. A hand-held weed winch can be used for woody invasives. 2. This intermittent stream is actually perennial, as the flow continues to trickle in the summer. 3. There is a beautiful field across the street as well as a beautiful area around the house. She is concerned about clearing all the way up to this wetland habitat without leaving a buffer margin. A previous contractor hired to clear section # 12 denuded that area.
Mr. Picton said he is interested in having a rough and varied border around the wetlands and in having the work done gradually using only hand tools and not using a brush hog.
Mrs. Hill said she wants a buffer area left along the side of the intermittent stream and she advised Mr. DiBenedetto that approval to do the work proposed in this application did not necessarily translate into approval for future applications.
Mr. DiBenedetto explained: 1. He hired a different and highly skilled contractor for his work. 2. The amount of planting will be limited by space since the roots will be left in place. 3. The invasives will be put on the brush piles and eventually chipped.
MOTION: To APPROVE the application DiBenedetto, IW-03-04. 212/214 Calhoun Street, Removal of Invasives and Cut Dead trees/ Prune Trees in sections 12 and 15 of the map submitted, which is entitled "Site Analysis Plan, Anthony DiBenedetto, Eileen DiBenedetto, 214 Calhoun Street by T. Michael Alex, L.L.S., dated April 2000" and with the following conditions: 1. Wetland boundaries are to be marked with red tape and no work is to be done in the Wetlands. 2. A six foot wide area, along the intermittent stream on the eastern portion of the property, is to be left untouched as a buffer area. 3. Dead trees to be removed are to be marked and then inspected and approved for removal by the Enforcement Officer, Michael Ajello. Ten percent of the dead trees are to remain. 4. Invasives are to be cut during this coming growing season and during the beginning of the next growing season, 2004, the Inland Wetlands Commission will inspect and evaluate the effectiveness of the work done for consideration in the renewal process. 5. Brush piles will be located where they are indicated on the copied section of the above referenced map submitted at tonight's meeting on 2-26-03. By Mrs. Korzenko, seconded by Mrs. Hill and passed 4-1-0. Ms. Purnell voted nay, as she thinks the Inland Wetlands Commission's responsibility is to this wetland area and to the surrounding wetland areas and she believes there will be the following impacts from these activities: 1. Sediment going into this wetland area. 2. Thermal issues occurring with more light reaching this wetland area. 3. Loss of root structure binding the soil in this wetland area.
Kistela, IW-03-08, 73 Dark Entry Road, Construct Dwelling.
Joseph Kistella and Brian Neff, Civil Engineer were present and submitted a revised plan, "Subsurface Sewage Disposal System, Mr. & Mrs. Joseph Kistela, 73 Dark Entry Road by Brian E. Neff, L.E., dated 7-20-02 and revised 2-25-03" and a revised construction description / sequence, dated 1-27-03 and revised 2-25-03. Mr. Neff explained: 1. He added rock to be placed along the edge of the driveway to slow down run-off coming off the driveway and prevent material from going into the regulated area. 2. 75 cubic yards of fill is proposed to be added to a portion of the driveway where it drops off. The stone wall will hold it up.
Ms. Purnell noted that Mr. Kistela had submitted text addressing his decision to make a change on the location of the house from the feasibility plan previously approved by the Commission.
Mr. Kistela said his house may be eight feet smaller than the original footprint and per Mrs. Hill's direction, he added a sentence to the above cited text stating the maximum size of the house footprint will be the same or no larger than that shown on the above cited plan . Mr. Picton recommended the limit of clearing and brush cutting in the direction of the wetland be the same as the limit of disturbance for the site work.
MOTION: To APPROVE the application Kistela, IW-03-08, 73 Dark Entry Road, Construct Dwelling per the map submitted, which is entitled "Subsurface Sewage Disposal System, Mr. & Mrs. Joseph Kistela Residence, 73 Dark Entry Road by Brian E. Neff, L.E., dated 7-20-02 and revised 2-25-03" and with the following condition: The limit of disturbance, indicated on the above referenced map, is also to be the limit of cutting vegetation in the direction of the wetlands. By Ms. Purnell, seconded by Mrs. Korzenko and passed 4-0-1. Mrs. Gray abstained as she did not visit the site or study this application.
Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Property Line Revision & Site Development.
Dirk Sabin was present and he submitted two more copies of the maps and four more copies of the written plans, as requested. He said he is talking to Hank Gruner, Conn. Science Center, about making a site inspection and reporting on the vernal pools.
V. New Applications
Lecher, IW-03-11, 47 West Shore Road, Shoreline Planting.
Dirk Sabin was present and he explained: 1. Mr. and Mrs. Lecher agreed to the language in their deed concerning the creation of a model vegetative buffer by the Lake Waramaug Task Force and they are open to how this will be done. 2. The Lecher shoreline frontage is 650 feet plus and the goal is to create a natural buffer with some bio-filtration for the surface sheet of water flowing off the lawn. Hopefully, when people see this area, they will see it's merits compared to a lawn going all the way down to the lake. 3. Plans include an informal parking area for access to the lake and some lawn for fly casting.4. Almost the entire width between the road and the lake will be planted with native trees and shrubs, forming a dense thicket. There will be a shade sitting area and native ferns and foxglove, among others, planted in this woodland area. 5. There will also be a flowering meadow buffer area and a marsh type garden in a lowered center of the lawn area. The marsh garden will pick up road side swale drainage. 6. If approved, some work will start this Spring, however the project will continue long term. 7. Silt fences will be put in place for grading and left in place until the area is stabilized. The ground will be dug to 18 inches to add compost for planting. Anything removed will be flush cut. 8. There will be an apron of lawn along the road for site lines required by D.O.T. and for a flat use area. This apron will be seeded with blue stem turf type fescue, which is tough and does not need fertilizing. 9. Mr. Sabin will be consulting with the Natural Resource Conservation Service.
The Commission will visit the site individually before the next meeting.
IV. Pending Applications
Brown, IW-03-09, 96 Romford Road, Permanent Dam Repair.
Mrs. Hill said that she took file material to Land Tech Consultants for them to review.
VI. Enforcement
Hildmann, 34 Popple Swamp Road.
Mr. Ajello reported the following: 1. During a site inspection, he discovered three catch basins; one by the road on the west side of the barn, which seems to be connected to two more holes with grates to the east. This underground drainage was not approved but seems to be necessary given the large size of the barn. 2. There is a pile of hay bedding and manure near the catch basins, which is a problem. 2. He will investigate this further, when the snow and ice melt.
Ms. Purnell said that it is amazing how much sub-surface flow exists.
Mrs. Korzenko noted the Hildmanns had previously informed the Commission that they were going to sell the manure to a mushroom farm.
Mr. Picton and Mrs. Korzenko recommended the Hildmanns bring in a subsurface drainage system plan.
Mr. Ajello will send a notice of inquiry to ask for additional information.
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Mrs. Hill noted the Commission expects a report from a botanist in May and she will call Mr. Beck.
Brown, Longview Landing Inc., IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill said that she took file material to Land Tech Consultants Inc. for them to review.
S.M.R.Partners, IW-03-V5, 103 Baldwin Hill Road, Permit Violation, Deposition of Materials.
Mr. Ajello noted that the present weather conditions prohibited any work on the driveway.
Fairbairn, IW-02-54, 206 Wykeham Road, Permit Violation.
Mr. Ajello reported: 1. He spoke to Attorney William Fairbairn today and was told the Easement had been filed and recorded with the Town Clerk in November 2002. 2. He submitted a copy of the easement for Lot 1 and a copy of the map filed and also a copy of an easement for Lot 2 to the Town filed in December 2000.
Ms. Purnell noted that there was a five lot subdivision originally with substantial drainage plans and these kept being changed to separate functions, so that it now doesn't function as a whole. Mr. Picton noted the Lot 2 Easement does not place an obligation on Fairbairn to maintain the rest of Nova Scotia Road.
Mr. Picton pointed out the map shows the use of a right of way' which the Commission specified not to be used. The right of way permitted is from Lot 2 to Lot 1. He said the correct map is not recorded and the map the Commission referenced needs to be the map recorded by the Town Clerk. Attorney Fairbairn also needs to file a corrected deed. Mrs. Hill will talk to William Fairbairn.
V. New Applications
Steep Rock Assoc., IW-02-13, 124 Christian Street, Revision to Permit, Demolition of Buildings.
Susan Branson, Executive Director, was present and submitted a memo, dated 2-26-03, with two alternatives to the permitted plan. She explained: 1. Originally she imagined a pile of crushed cement twice the size of what is now sitting on the slab of the big barn. So now they want to break up the slabs and remove all of the debris off the property, restoring the land to it's natural state. 2. She is thinking of bringing in topsoil. 3. The slabs are 6 inches high, maybe less. 4. This will extend the time length of the job.
Mr. Ajello reported that the contractor did well isolating the job from the wetlands, with the machine perched above to do the demolishing and stock piling. He said the silt fence had not been affected.
The members requested more information be submitted to the file and talked about the items needed.
MOTION: To APPROVE the Revision to the Permit for Steep Rock Association, IW-02-13, 124 Christian Street, Demolition of Buildings per the memo submitted at this meeting on 2-26-03 and with one condition: The following information is to be submitted into the file: 1. A map showing the stockpile location in front of the large barn. 2. The estimated quantity of material, concrete and asphalt, to be removed off the property. The thickness of the slabs and time period for the materials to be stockpiled. 3. A more detailed description of the manner in which the material will be removed and language explaining how these proposed activities will not compromise Bee Brook. By Mrs. Hill, seconded by Mrs. Gray and passed 5-0.
VII. Consideration of Minutes
Regular Meeting - February 12, 2003
MOTION: To ACCEPT the Minutes of the February 12, 2003 Regular Meeting, as amended. By Ms. Purnell, seconded by Mrs. Korzenko and passed 5-0.
The corrected / amended minutes (relevant pages) are attached to the end of these pages.
Site Inspection - February 24, 2003, re: Kistela, IW-03-08.
MOTION: To ACCEPT the Minutes of the February 24, 2003 Site Inspection re: Kistela, IW-03-08, as amended. By Mrs. Hill, seconded by Mrs. Gray and passed 5-0.
VIII. Administration
Mrs. Hill informed the other members that the Attorneys for the other Commissions have advised them that any consultant fees charged to the applicants should be mandated by Town Ordinance. She said she will call and ask Atty. Mike Zizka his opinion.
The members discussed the estimated fees for hiring Dr. Michael Klemens, Herpetologist, which are very high and are to be paid by the applicant. Members expressed reluctance to subject an applicant to this much expense but feel Dr. Klemens expertise is very important. Mrs. Hill will review the amount of work requested and re-negotiate fees with Dr. Klemens.
MOTION: To ADJOURN the meeting by Ms. Purnell. All agreed at 10:35 p.m.
Katherine Moquin Land Use Secretary
March 7, 2003
February 12, 2003
Members Present: Dorothy Hill, Charles LaMuniere, Marguerite Purnell.
Members Absent: Helen Gray, Robert Weber.
Alternates Present: Candace Korzenko, Mark Picton.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Mark Daft, Reporter from Voices, Richard Carey, Josette Kistela, Joseph Kistela, Brian Neff, and Dirk Sabin.Dorothy Hill called the meeting to order at 7:12 p.m., Wednesday, February 12, 2003. Members seated were Dorothy Hill, Charles LaMuniere, Marguerite Purnell, Candace Korzenko for Helen Gray and Mark Picton for Robert Weber.
MOTION: To ADD the minutes from Special Meeting of January 29, 2003 to the Agenda under Consideration of Minutes. By Mrs. Hill, seconded by Ms. Purnell and passed 5-0.
MOTION: To SHIFT Consideration of Minutes to the end of the meeting as a regular course. By Mr. LaMuniere, seconded by Mrs. Korzenko and passed 5-0.
V. New Applications
Carey, IW-03-07 E, 138 Church Hill Road, First Cut, Lot Subdivision.
Richard Carey was present and submitted an A2 survey map, which is entitled "Preliminary Subdivision, Property of Richard O. & Barbara Carey, 138 Church Hill Road by Dudley Ashwood, P.E., dated 2-10-03." He explained: 1. There is a total of 32.8 acres with a plan to give 6-7 acres as a conservation easement to Steep Rock Assoc. ( the area is marked Conservation Easement on the above mentioned map and depicted with cross hatching lines'.) 2. There exists a 12.9 acre Conservation Easement (sits on the western-most portion of the property with 500 feet of road-front and some wetlands) eased to Steep Rock Assoc.in the year 2000. 3. There is a watershed divide on the property in the location where there is an existing steel fence. Drainage goes north to Walker Brook and drainage goes to Steep Rock Basin. 4. Only one smaller dwelling is proposed on 12 acres of almost entirely flat field. Perc tests had not been done. When Dudley Ashwood, P.E., walked the site, he thought Paxton and Woodbridge soils were there. 5. Mr. Carey's current home, was built in 1790-ish and the last previous owner had the road moved away from the house. The Town of Washington built this portion of road across a wetland. This wetland extends into a corner of the property near the road, RT.109, and the proposed new driveway for the proposed new dwelling will be within the 100 foot upland review area of this wetland. He does not plan to construct the driveway now before a buyer for his house is in place and the property division is agreed on by both parties.
Mr. Piction made the following points: 1. A site inspection may not definitively identify wetland soils where Paxton and Woodbridge soils occupy a flat field. Wetlands located by a soil scientist is the easiest way to allay all uncertainties. 2. Members need to know the impact construction will have and the location of the septic.
Ms. Purnell made the following points: 1. She thought this proposal requires a regular application. 2. She recommended due diligence be paid with the wetlands flagged on a map by a soil scientist. Her concern is the wetland encroachment by the proposed driveway entrance.
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MOTION: To DENY the application Carey, IW-03-07 E, 138 Church Hill Road, First Cut, Lot Subdivision as an Exemption because it does not meet the qualifications for an exemption. By Mrs. Korzenko, seconded by Ms. Purnell and passed 5-0.
Kistela, Jr., IW-03-08, 73 Dark Entry Road, Construct Dwelling.
Josette and Joseph Kistela and Brian Neff, Civil Engineer were present.
Ms. Purnell noted the house site is moved toward the rear of the property and closer to the wetlands than shown on the previously approved subdivision plan.
Mr. Neff noted the only area within the 100 foot regulated review area is a small portion of the driveway. Mr. Kistela explained that they took the driveway around a rock outcropping and 300 year old hickory tree in this location. Ms. Purnell requested this account be submitted to the file in written form.
Mr. Kistela explained the following: 1. The house site is on a flat knoll. There will be a full basement starting from the side of the garage. 2. The trees up close to the house will remain and to accomplish this the concrete will be pumped in for the foundation. The only clearing and tree cutting to be done will be for the septic area and a portion of the reserve septic area. No trees will be cleared within the 100 foot review area.
Mr. Picton noted there is a gradual slope behind the house and the silt fence on the western side is the limit of disturbance including the limit of tree cutting and brush clearing.
The members will make a Site Visit on Monday, February 24, 2003 at 4:00 p.m.
Maury/Cady, IW-03-10, 67/79 Carmel Hill Road, Property Line Revision & Site Development.
Dirk Sabin, Landscape Architect, was present and submitted a sketch, "Existing Conditions Overview." He explained: 1. The above mentioned sketch is slightly distorted but gives the general idea. 2. The A2 survey map, which is entitled "Site Analysis Plan, Topography, Maria Eugenia Maury, Carmel Hill Road by Michael T. Alex,L.L.S., dated November 2002," is accurate and shows all the topography. 3. Edwin Cady , Contractor, wants to begin construction this Spring. 4. The two old stone dams in the stream are low - 2/2 feet high. 5. Three parcels are allowed on this site as of right,' given the fact they pre-existed town planning. 6. Re-vegetative Planting is shown on the map, "Site Layout & Planting Plan , Ms. Maria Eugenia and Mr. Edwin Cady, 67-79 Carmel Hill Rd. by Dirk Sabin, L.L.A., dated January 30, 2003" including location, numbers and kinds. The map also shows wetlands flags, site grading (house, pool and pond,) existing wood roads, sediment and erosion controls, details of the proposed ponds, in-stream filter, using chicken wire with hay to catch sediment and allow water to flow through, proposedmeadow buffers, temporary diversion points, stockpile location, etc.
Mr. LaMuniere pointed out the following: 1. More than an acre of headwater wetlands is proposed to be replaced by two ponds. Ponds support different wildlife functions than a swamp or marsh, and standing water compared to wetland soil has no retention ability. He recommended leaving the wetlands intact and creating the ponds in a non-wetlands area. 2. He thought two dams in the stream is significant.
Ms. Purnell pointed out the following: 1. This site has been identified as a special conservation area. This proposal will divide and disturb a habitat corridor where creatures are known to move mile upland. She recommended formally referring this application to the Conservation Commission for review and employing Michael Klemens, Herpitologist, or Hank Gruner, D.E.P., as an independent biologist to study
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and report on the site's series of vernal pools. Mr. Klemens wrote and developed guidelines for amphibians. 2. Given the snow cover, she questioned the Commission's ability to see the subtle differences of the micro-topography during a site inspection.
Mr. Sabin explained: 1. Other sites for creating ponds did not look feasible. Side hills are not possible for ponds and the stream is not possible as it is a depository for drainage and the ponds will leak if ledge is blasted. 2. Creating the ponds is a way for the builder to make this an economically feasible enterprise. He thought this proposal achieves a net positive for this property.
Mrs. Hill noted the Commission will need to consult with the D.E.P.
Mr. Picton pointed out the following: 1.This property could be divided into 3-6 lots with no impacts to wetlands or 2 lots with a large impact to wetlands. 2. The driveway goes through the proposed Conservation Easement. 3. He recommended looking at other flat north-western areas out of the wetlands for ponds and one pond serving both lots. And he requested the wetlands on the map be colored.
Ms. Purnell requested: 1. Calculations, relating to the soils existing, to factor a possible 6 lots and calculations for 3 lots regarding the Zoning requirement for road frontage. 2. Calculations on the area of the canopy removed for the open areas including the driveway. 3.A document which lays out the long term maintenance for the ponds, and meadow buffers.
Mrs. Korzenko requested watershed calculations to Sprain Brook from this property and the impact to the watershed flows from the proposed development.
Mrs. Hill requested eight copies/sets of maps for the members to use during site inspections.
MOTION: To SET a Public Hearing for the application Maury, IW-03-10, 67/79 Carmel Hill Road, Property Line Revision & Site Development on March 26, 2003 at 6:30 p.m. for two reasons: 1. The potential impact to the watershed area and the wetlands. 2. This area is listed in the "Washington, Connecticut Natural Resource Inventory Report and Recommendations" by Town of Washington, Connecticut Ad Hoc Conservation Committee as a Special Habitat Area. By Mr. Picton, seconded by Mrs. Korzenko and passed 5-0.
The Commission considered consulting with D.E.P. Dam Safety Unit, D.E.P. Fisheries, Army Corp. of Engineers and obtaining hydrological calculations for the changes associated with creating ponds out of wetlands and the effect to the watershed area above the ponds and down to Sprain Brook. Mrs. Hill will ask Michael Klemens, Herpetologist, to make a site inspection and report and ask Bob Oley, Land Tech Consultants (Engineers and Wetland Scientists) to review the plans and produce a list of essential information to be obtained. Mrs. Korzenko will request input from the Conservation Commission. Mr. Ajello will review the D.E.P website.
Ms. Purnell noted that protecting headwaters is paramount or don't even look to protect downstream' but the applicant is looking at the feasibility of development.
Mr. LaMuniere thought that the principle of an Inland Wetlands Commission is called into question if they approve the removal of over an acre of wetlands.
IV. Pending Applications
Rizzo/James, IW-02-69129 Bee Brook Road, Build Retaining Structure.
Members noted the following: 1. No new information had been submitted to date. 2. The time limit for the application extension was up. 3. All agreed that a plan by a qualified engineer was important for a project along the bank of the Shepaug River.
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MOTION: To DENY the application Rizzo/James, IW-02-69, 129 Bee Brook Rd., Build Retaining Structure due to the lack of information and the ending of the 65 day time limit and 65 day extension. By Ms. Purnell, seconded by Mrs. Korzenko and passed 5-0.
DiBenedetto, IW-03-04, 212/214 Calhoun Street, Remove Invasives & Dead Trees, Prune Trees.
Members noted there was no new information submitted to date.
Ms. Purnell pointed out that removing invasive plants is positive but the canopy, providing for a healthy stream temperature, needs to be considered.
Mrs. Korzenko pointed out that during their site visit on 1-30-03, Mr. DiBenedetto showed them a neighbor's road front as an example of clearing.
V. New Applications
Brown, IW-03-09, 96 Romford Road, Permanent Dam Repair.
The members noted that the application is incomplete, including missing watershed calculations and that Mr. O'Sullivan, P.E.'s signature and seal are not on the plans.
Mrs. Hill will ask Land Tech Consultants (Engineers) to review the submitted plans and make a detailed list of information required for making a competent analysis.
VI. Enforcement
Beck, IW-02-V1, 132 Calhoun Street, Cutting & Clearing in Wetlands.
Members noted: 1. There was no new submissions to date, except a phone message from Mrs. Beck saying they will cooperate. 2. They are waiting for Mr. Beck to hire a qualified botanist.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Members noted: 1. A letter from Dudley Ashwood P.E., dated 2-20-03, informing them a soil scientist will go to the site in March or April due to the snow cover and he knows that Bradford Smith's has plans. 2. They discussed the lengthy period of time this process has taken so far. Kathy Johnson's site inspection report and recommendations for the wetland restoration were given to Mr. Ross in July 2000. 3. There is 12-15 feet of overburden on the deepest end and all of the overburden needs to be removed prior to the growing season. Some overburden could be removed now, because snow cover has kept the ground from freezing deep and the rest of the overburden removed at the time of the thaw. Mrs. Hill will write a note to Mr. Ross explaining that he remains in violation of an enforcement order and the need to finish this work before the growing season starts and that it is possible to remove some of the overburden now.
S.M.R.Partners, IW-03-V5, 103 Baldwin Hill Road, Permit Violation, Deposition of Materials.
Members noted that no new incidents had occurred to date. Mr. Ajello reported that one large tree had been cut and the tree trunk left in the drainage ditch. Ms. Purnell reported that trees were cleared across Baldwin Hill Road to give room for trucks to back up.
Croasdaile, IW-02-66, 67 River Road, Clear Detention Basin.
Mr. Ajello reported there was much more sediment found in the detention basin than was estimated but the job was well done and is now completed.
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Fairbairn, IW-02-54, 206 Wykeham Road, Construct Wetland Crossing.
Mr. Ajell reported that he contacted Geoff Fairbairn, who promised to remind his brother, Attorney William Fairbairn, to produce the easement document as required as a condition of the permit. Members discussed their options including a letter to the new owner of the property, Arthur Weinshank. Mrs. Hill pointed out that the new owner cannot get a Zoning permit for a house without a permit from Inland Wetlands.Mrs. Hill will write a letter to Ronald Fairbairn, informing him that he is still in violation and that this letter will be put on the Land Records and a copy of this letter will be sent to the Zoning Commission.
MOTION: To HAVE a Notice of Condition of Permit Violation for the application Fairbairn, IW-02-54, 206 Wykeham Road, Wetland Crossing, be SENT and PLACED on the Land Records. By Mr. Picton, seconded by Ms. Purnell and passed 5-0.
Rising, 191 West Shore Road, Long Term Parking of Vehicle on Lake Shore.
Mr. Ajello reported that a vehicle continues to be stored near the lake. Mrs. Korzenko read the Inland Wetlands and Watercourses Regulations, number 2.34, regarding an adverse impact and she thought possible leakage of oil, gas or transmission fluid qualified as an adverse impact. Mr. Ajello will write a letter asking Mr. Rising to remove the vehicle.
II. Consideration of Minutes
Site Inspections on November 22, 2002 re: S.M.R. Partners IW-02-72 and Kirk IW-02-74
MOTION: To ACCEPT the Minutes of the Site Inspections on November 22, 2002 re: S.M.R. Partners IW-02-72 and re: Kirk IW-02-74 as written. By Ms. Purnell, seconded by Mrs. Korzenko and passed 5-0.
Special Meeting on January 29, 2003 re: Revision of Inland Wetlands and Watercourses Regulations and re: Sheinfeld IW-02-61 ATF.
MOTION: To ACCEPT the Minutes of the Special Meeting on January 29, 2003 re: Revision of Inland Wetlands and Watercourses Regulations and Application and re: Sheinfeld IW-02-61 ATF as amended. By Mr. Picton, seconded by Mr. LaMuniere and passed 5-0.
Site Inspection on January 30, 2003 re: DiBenedetto IW-03-04.
MOTION: To ACCEPT the Minutes of the Site Inspection on January 30, 2003 re: DiBenedetto IW-03-04 as amended. By Mr. LaMuniere, seconded by Mrs. Hill and passed 5-0.
Regular Meeting on January 22, 2003
MOTION: To ACCEPT the Minutes of the Regular Meeting on January 22, 2003 as amended. By Mrs. Hill, seconded by Mr. LaMuniere and passed 3-0-2. Ms. Purnell and Mr. Picton abstained as they did not attend this meeting.
The corrected/amended minutes (relevant pages) are attached to the end of these pages.
MOTION: To ADJOURN the meeting by Mr. Picton. All agreed at 11:27 p.m.
Katherine Moquin Land Use Secretary
February 21, 2003
January 22, 2003
Members Present: Dorothy Hill, Charles La Muniere, Robert Weber.
Members Absent: Helen Gray, Marguerite Purnell.
Alternates Present: Candace Korzenko.
Alternates Absent: Mark Picton.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Mark Daft, Reporter from Voices, Dirk Sabin, Mark DePecol, Dorota Habib, Thomas Farmen, Philip Farmer, Curt Smith, Anthony Di Benedetto, and Alex Mc Naughton.I. Show Cause Hearing re: S.M.R. Partners, IW-03-V5, 103 Baldwin Hill Road, Permit Violation, Deposition on Shared Driveway.
Dorothy Hill called the Show Cause Hearing to order at 7:05 p.m., Wednesday, January 22, 2003. Members seated were Dorothy Hill, Charles La Muniere, Robert Weber and Candace Korzenko for Helen Gray.
Mr. Weber read the Enforcement Order sent to Mr. Gitterman, dated 1-15-03. Mr. Gitterman was not present to respond.
MOTION: To CLOSE the Hearing by Mrs. Hill, seconded by Mrs. Korzenko. All agreed at 7:10 p.m.
Dorothy Hill called the Regular Meeting to order at 7:11 p.m., Wednesday, January 22, 2003. Members seated were Dorothy Hill, Charles La Muniere, Robert Weber and Candace Korzenko for Helen Gray.
MOTION: To ADD to the Agenda under VII. Enforcement S.M.R. Partners IW-03-V5. By Mrs. Hill, seconded by Mr. Weber and passed 4-0.
MOTION: To SHIFT Consideration of Minutes to the end of the meeting. By Mr. La Muniere, seconded by Mr. Weber and passed 4-0.
III. Pre-Application Advise
Maury, IW-03-06, 67/69 Carmel Hill Road, Lot Line Revisions, Develop Two Lots.
Dirk Sabin, Landscape Architect, was present and explained: 1. There are approximately 73.15 acres total for three separate parcels on the Bethlehem Town line. 2. This site sits on a sub-regional watershed divide with a head water flowing to Sprain Brook and other drainage going to Sprain Brook from a different direction. 3. This is a rolling highland with a high point and is pretty high on the water shed. 4. The Washington Natural Resource Inventory Report shows a corridor on this site with a series of six vernal pools with streams flowing from them. 5. There are a, b. and c class soils and some wetlands soils. The wetlands are flagged and identified on the map submitted tonight, "Site Analysis Plan, Maria Eugenia Maury, Carmel Hill Road by T. Michael Alex, L.S., dated November 2002." 6. This property contains three wood roads and a spruce grove and a gravel pit from a long time ago. 7. There are two dams existing on one stream which are tumbling down and proposed to be restored. 8. There is a deed restricted area protecting the bordering properties of Murphy and Mnuchin. 9. Zoning Regulations allow three houses if one lot has full road frontage. There are three to six lots possible on the total existing acreage. 10. There is one driveway to service three lots and another
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driveway to service three more lots. 11. There is one existing wetlands crossing, proposed to be moved and one wetlands crossings to construct. 12. Ed Cady, Builder, proposes to combine the three parcels into two and build two houses (4000-8000 square feet) on 30 acres designated as the development area. He would assign conservation easements for 40 acres of the property to the Steep Rock Association or the Town of Washington. 14. Mr. Sabin proposes to create two ponds within a stream corridor and with areas of swamp in-between. There would be a meadow fringe around the ponds, not lawn. There is also a wooded corridor between the two ponds. One pond would be two thirds of an acre and the other pond one half an acre with the intent to offer something substantial on site. He tried to create the ponds in an area upland of the wetlands but it was not possible to find enough ground water. And he considered a plan to construct a dam and flood the area but the flooding would have extended too far. 15. He proposes to put in dry hydrants with a meadow wood road. 16. The red maple swamp would remain untouched. 17. There is a stream flowing between the center of the two proposed house sites and two other existing streams. One house site is 140-150 feet from one wetland and 130-140 feet from the vernal pool area. Except for one stream corridor and the two proposed ponds, all the wetlands are in the conservation easement areas. 18. The septic systems are in areas that are out of Inland Wetlands jurisdiction. 19. On the plan submitted tonight, "Preliminary Concept for Maria Eugenia Maury, Carmel Hill Rd. by Dirk W. Sabin, dated 1-20-02," the proposed areas for conservation easement and development are marked.
The Commission discussed these proposals and asked many questions and are waiting for a full application to be submitted.
Mrs. Korzenko requested the watershed calculations for this site.
V. Pending Applications
Sheinfeld, IW-02-61 ATF, 112 Lower Church Hill Road, In-ground Pool, Modify Deed Restrictions.
Dirk Sabin, Landscape Architect, was present and submitted an E-mail letter from Mr. Sheinfeld, dated 1-22-03 with his account for when the compressor was installed. The members disagree with Mr. Sheinfeld's claims, pointing out the compressor was not present when they made a site inspection on 6-8-02. And he submitted a Mylar copy of the map, "Site Analysis Plan, Conservation Easement Map, Prepared for Jay Sheinfeld, 112 Lower Church Hill Road by T. Michael Alex, L.L.S., dated July 1996 and revised 1-14-03" showing the revised conservation area location, new location for the pool, pool mechanicals and the new location for the compressor.
Mrs. Hill pointed out that a Mylar map has to be recorded and then presented to the Planning Commission.
Mr. Ajello relayed Marguerite Purnell's message: 1. She recommends permanent field markings of the Conservation Easement area. 2. She did not understand the first item of the Conservation Easement Agreement and recommended striking it altogether. Mrs. Korzenko and Mr. La Muniere said they understood the first item and the members agreed to leave it intact. Mrs. Hill noted that she sent a copy of the draft Conservation Easement Agreement, provided by the Commission's Attorney, to Attorney Robert Fisher. Mr. Sheinfeld sent in his proposed final wording of the Conservation Easement Agreement attached to the above mentioned E-mail letter. Mr. Sabin noted his revisions to the survey map were referenced with the title SK 1.' The members agreed
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to make the motion at the end of the meeting so that other applicants present would not be kept waiting.
Cass/DePecol, IW-02-73, 46 June Road, Construct Dwelling & Driveway, Renovate Guest House.
Mark DePecol was present and submitted a revised plan, "Site Development Plan, Prepared for Mark DePecol, June Road by Berkshire Engineering & Surveying, L.L.C., dated 10-15-02 and revised 1-22-03" showing the radii dimensions for the three driveway bends and the three added gravel by-passes.
Mrs. Hill checked the file and accounted for the items recommended by Land Tech Consultants, Inc.
Mrs. Korzenko asked about Mark Picton's recommendation to have one section of the driveway stabilized during construction before continuing to the next section. Mr. DePecol said that this was a standard construction practice and explained he would start at the base and the erosion controls would go in first, then the trees cut, the grubbing done and the loam removed. Mr. Weber pointed out that a storm, occurring between grading and installing drainage protections, could cause trouble.
MOTION: To APPROVE the application Cass/DePecol, IW-02-73, 46 June Road, Construct Dwelling & Driveway per the following plans: "Site Development Plan, Prepared for Mark DePecol, June Road by Berkshire Engineering & Surveying, L.L.C., dated 10-15-02 and revised 1-22-03" and "Details and Notes, Prepared for Mark DePecol, June Road by Bershire Engineering, L.L.C., dated 10-15-02 and revised 12-31-02" and with one condition: Water run-offs be watched with due diligence. By Mr. Weber, seconded by Mrs. Korzenko and passed 4-0.
Mrs. Hill noted the members are satisfied with the plans as submitted. She asked Mr. DePecol to pay the bill for Land Tech Consultants per Town Ordinance 710. Mr. DePecol agreed and said he knew about this.
Rumsey Hall School, IW-03-01, 201 Romford Road, Demolish Dorm, Construct Dwelling.
Thomas Farmen, Headmaster, Dorota Habib, Business Manager and Curt Smith, Bradford E. Smith & Son, were present. Mr. Smith submitted a revised plan, "Site Plan & Sediment & Erosion Control Plan, Gros Cottage, Rumsey Hall School, Inc. Romford Road & Whittlesey Road by Bradford E. Smith & Son, L.L.S., dated 11-22-02 and revised 1-21//22-03" and pointed out the revisions: 1. Depiction of the footing drain and discharge for the footing drain and roof leaders, four, by four, riprap pad, designed as a spreader and two 4 inch pipes. 2. Depiction of the 100 year flood line which is 10 feet below the house site. 3. A construction sequence added on the second page. Mr. Smith drew, signed and dated the location for the 10 x 40 foot dumpster and the location for the temporary stockpile on the above mentioned map during the meeting.
Mr. Farmen explained: 1. There will be electric heat. 2. Eight students will reside here, the same number as in the present dorm. 3. There is no existing foundation. 4. This is a well drained area with alluvial soils.
MOTION: To APPROVE the application Rumsey Hall School, IW-03-01, 201 Romford Road, Demolish Dorm, Construct Dwelling per the plans, "Site Plan & Sediment & Erosion Control Plan, Gros Cottage, Rumsey Hall School, Inc., Romford Road & Whittlesey Road by Bradford E. Smith & Son, L.L.S, dated 11-22-02 and revised 1-21/22-03" and as submitted. By Mrs. Hill, seconded by Mr. LaMuniere and passed 4-0.
Shepaug Realty, IW-03-03, RT. 47/Washington Depot, Temporary Bridge.
Mr. DePecol and Philip Farmer, co-owner, were present and they explained: 1. Their revised proposal is to rent a bridge, which will carry 50 tons, from a company which will bring the bridge on a trailer. The bridge will then be pulled across the 32 foot wide brook
into position with a mechanical winch. The stream will remain undisturbed except for the one time crossing of a bulldozer. The bulldozer will cross the stream about 12 feet upstream where the banks are flat. The 40 foot temporary bridge will sit on top of the existing collapsed bridge and the permanent bridge is being designed to sit beside it to the north. 2. There is an existing gravel driveway coming off the highway. 3. A temporary bridge will serve as access for perc tests and other planning activities during the time a permanent bridge is in the design and permit process. 4. A permanent bridge will be installed by Autumn. 5. The temporary bridge can be ordered and installed in one week, which is their intention.
Mrs. Korzenko recommended the permit be placed within reasonable time
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MOTION: To APPROVE the application Shepaug Realty, IW-03-03, RT.47/Washington Depot, Temporary Bridge per the Letter from Shepaug Realty, L.L.C., dated 1-22-03 and per the plans, "Site Development Feasibility Plan, Newman Lot Revision, 252 & 266 Bee Brook Road by Brian E. Neff, L.E., dated 11-13-02" and with two conditions: 1. The temporary bridge is to be removed by December 1, 2003. 2. The one time stream crossing by the bulldozer will occur at the point on the stream where there are no banks. By Mrs. Korzenko, seconded by Mrs. Hill and passed 4-0.
Rizzo/James, IW-02-69, 129 Bee Brook Road, Build Retaining Structure.
Mr. Ajello noted a newly submitted proposal, dated 1-22-03, including the placement of large boulders along the bank. A machine will place the boulders from the top of the bank.
Mrs. Korzenko noted that this proposal calls for cutting down the hemlocks growing along a portion of the top of this very steep bank. She asked about possible soil erosion occurring during the time the grass is forming strong root growth.
The Commission said there is not enough information and the information submitted is unclear. Mr. Weber will write a letter requesting specific plans with more detail and structure.
VI. New Applications
DiBenedetto, IW-03-04, 212/214 Calhoun Street, Remove Invasives & Dead Trees, Prune Trees.
Mr. DiBenedetto was present, submitted a photo and explained: 1. He wants to remove the vines, invasive plants, including multi-flora rose and bittersweet, and dead wood along the road frontage now, while the intermittent stream and ground are frozen. The vines are endangering some beautiful large trees including hickory. There will be no clear cutting or grubbing. 2. If the members make a site visit and agree, he will then present a planting plan, including winterberry and other plants native for the area. The planting would be done in the Spring or Autumn. 3. Per his experience, if he continually cuts back (brush cutting or weed whacking) the multi-flora rose, it will decline without grubbing.
Mr. Weber thought the best time to install the silt fence is in the Spring before planting or it could be used now as a limit of disturbance.
The Commission will make a Site Visit on Thursday, January 30'03 at 3:00 p.m.
Washington Montessori School, IW-01-08, 240 Litchfield Tnpk., Revision of Permit to Construct a School.
Alex McNaughton, Secretary/Treasurer and Point Person for the Facility, was present and he explained: 1. The fifty four (36 spaces on the easterly side of the driveway and 18 spaces on the other side of the road) planned parking spots are not in the best locations and are now proposed to be replaced with parking off the circle in front of the school, which puts the parking in Warren. There will be a staircase from the parking area going down to the school. The new parking area will have 105 parking spaces. 2. The road leading to this new parking site is in Washington but out of the 100 foot upland review area for wetlands. The wetlands are delineated on the map, "Additional Parking Plan, Washington Montessori School, 240 Litchfield Turnpike by DYMAR, Engineering, Planning, Surveying, Development Services, dated 1-10-03." 3. The reason for coming to Inland Wetlands Commission is to review the drainage plan, which is part of the original permit. Water coming down the hill goes to two catch basins. Other catch basins were added on the side of the road going to the parking site and on the side of the parking lot in Warren. 4. The engineers calculated for a 100 year storm and their analysis ("Stormwater Management Report Addendum #1, Washington Montessori School by DYMAR, dated 1-2-03") shows the new parking area drainage will easily be carried by the two catch basins. All the water coming from the 54 parking spots does not go into the two catch basins. There is an 8% reduction in the peak storm run-off from pre-development. Even with the new parking area , there is less drainage than before the school existed. All the water ends up in the brook and then into Meeker Swamp.
Mr. Weber restated the situation, saying that the overall drainage is now reduced by 8% from pre-development and the two catch basins can handle the run-off from the new parking area.
MOTION: To APPROVE the Revision to the Original Permit for Washington Montessori School, IW-01-08, 240 Litchfield Tnpk., Construct School per the plans, "Additional Parking Plan, Washington Montessori School, 240 Litchfield Turnpike by DYMAR, Engineering, Planning , Surveying, Development Services, dated 1-10-03" and as submitted. By Mrs. Hill, seconded by Mrs. Korzenko and passed 4-0.
VII. Enforcement
Daly/Aldredge, IW-02-51, 300 West Shore Road, Remove & Install Oil Tank.
Mr. LaMuniere expressed concern about the possible leakage from an old vehicle parked so close to the lake. Mr. Ajello said he sent a letter, dated 10-22-02, to address this but long term parking is not regulated.
S.M.R. Partners, IW-03-V5, 103 Baldwin Hill Road, Violation of Permit, Deposition of Material on Shared Driveway.
Mr. Ajello said the foundation was poured last week and a well is now being drilled.
Mr. LaMuniere noted that the deposition of material raised the road bed by 4-5 inches for approximately 150 feet. The members discussed the situation and agreed to leave the Enforcement Order in place. Mrs. Korzenko recommended sending a copy of the Enforcement Order to the driveway co-owner. The members agreed.
MOTION: To HAVE the Enforcement Order for S.M.R. Partners, IW-03-V5, 103 Baldwin Hill Road, Violation of Permit, Deposition on Shared Driveway REMAIN IN EFFECT until conditions of the permit are met. By Mrs. Korzenko, seconded by Mr. La Muniere and passed 4-0.
Fairbairn, IW-02-54, 206 Wykeham Road, Construct Wetland Crossing.
Mr. Ajello left a phone message for William Fairbairn regarding the easement, which was a condition to the permit. He did not receive a response.
Mrs. Korzenko noted the property had been sold via two transfers by two Fairbairn brothers and now that the property is sold, an easement cannot be given by the Fairbairns. She recommended issuing a Cease and Desist Order to halt the house construction. Mr. Ajello will write a letter to Ronald Fairbairn.
Beck, IW-02-V1, 132 Calhoun Street, Clearing in Wetlands.
Mrs. Hill noted that there is no new information submitted to date.
Brown, Long View Landing, Inc., IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill sent a letter to Dr. Brown, dated 1-13-02 and there has not been a response nor any new information submitted to date.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mrs. Hill will call Dudley Ashwood again. Mr. Ross is in Florida.
VIII. Administration
1. Special Meeting - Administration Procedures
Mrs. Hill said her goal is to revise the regulations and application form. The members set a special meeting on January 29, 2003 at 7:00 p.m. in the Land Use meeting room.
2. Cell Tower - 1-27-03 Public Hearing.
Mrs. Hill noted the members promised input from Inland Wetlands to the Zoning Commission. Mrs. Korzenko recommended waiting until Spring to let the experts review the area. Mr. Weber agreed saying that the members cannot recommend anything until we have the advantages and limitations of risk.
Mr. Ajello reported the following: 1. Intermittent drainage from the proposed cell tower site on Rabbit Hill flows towards Washington. 2. There are wetlands within 50 feet of the tower base. 3. He is most concerned with the batteries, which could freeze and crack and leak acid in the winter. Mrs. Korzenko will write to the Zoning
Commission. The Commission discussed proposed Zoning Regulation changes and determined they could not support the changes.
Mr. Weber will review the DEP Stormwater Management CDs and turn it over to Janet Hill for Planning and Zoning.
IV. Consideration of Minutes
Regular Meeting - January 8, 2003
MOTION: To ACCEPT the minutes of the Regular Meeting on January 8, 2003, as amended. By Mrs. Hill, seconded by Mrs. Korzenko and passed 4-0.
The amended/corrected minutes (relevant pages) are attached to the end of these pages.
Sheinfeld, IW-02-61 ATF
The members discussed and agreed on the conditions of the approval.
MOTION: To APPROVE the application SheinfeId, IW-02-61 ATF, 112 Lower Church Hill Road, In-ground Pool, Modify Deed Restrictions (Pool and Pool Mechanicals, Conservation Planting and the Execution of a Conservation Easement) per the plans, "Site Analysis Plan, Conservation Easement Map, Prepared for Jay Sheinfeld, 112 Lower Church Hill Road by T. Michael Alex, L.L.S., dated July 1996 and revised 1-14-03 (referred to as Schedule A)" and Revisions to the "Site Analysis Plan referred to as SK1, Prepared by Dirk Sabin, Landscape Architect, dated 1-20-03 and per the Conservation Easement Agreement submitted to the Inland Wetlands Commission on 1-22-03 with the following conditions: 1. Completion of the Planting Plan as shown on SK 1.' 2. Relocation of the Pool Mechanicals to the area shown on SK1.' 3. Relocation of the Compressor to the area shown on SK 1.' 4. Review and Approval of the Conservation Easement Agreement by the Inland Wetland's Attorney. 5. Signature of the Conservation Easement Agreement by Jay Sheinfeld and the Inland Wetlands Commission's Chairman and the Recording of this Agreement and Conservation Easement Map (Schedule A - Mylar Drawing) by the Town Clerk. 6. Submission of a $5,000.00 Cash Bond to be held by the Town of Washington until permitted and required activities are completed. 7. The applicant shall be responsible for the Commission's Attorney's Fees in accordance with Town Ordinance #710 and for Recording Fees. By Mr. Weber, seconded by Mrs. Korzenko and passed 4-0.
MOTION: To ADJOURN the meeting by Mrs. Korzenko. All agreed at 12:27 a.m., January 23, 2003.
Katherine Moquin Land Use Secretary
January 31, 2003
January 8, 2003
Members Present: Dorothy Hill, Charles La Muniere, Marguerite Purnell and Robert Weber.
Members Absent: Helen Gray.
Alternates Present: Candace Korzenko.
Alternates Absent: Mark Picton.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Elaine Luckey, First Selectman, Mark Daft, Reporter from Voices, Diane Dupruis, Dirk Sabin, Mark DePecol, John Di Maria, James Osowiecki, Peter Kirk, Dorota Habib, Thomas Farmen, Josh Weiner, and Joseph Gitterman.Dorothy Hill called the meeting to order at 7:08 p.m., Wednesday, January 8, 2003. Members seated were Dorothy Hill, Charles La Muniere, Marguerite Purnell at 7:20 p.m., Robert Weber and Candace Korzenko for Helen Gray.
II. Neighbors, Rabbit Hill Road, Cell Tower, Warren.
Elaine Luckey, First Selectman and Diane Dupuis, Rabbit Hill Association, were present. Elaine Luckey will submit a letter she received from Christopher Herrmann and Joseph Lorino of 128 Litchfield Tnpk., dated 12-31-02, that includes concerns about wildlife, the ridgeline view and property values.
Ms. Dupuis submitted a letter she wrote to friends and neighbors, that lists her concerns about the proposed cell tower. She stated these concerns including wildlife and environmental damage to surrounding forests and Meeker Swamp and explained the following: 1. The Town of Warren asked A.T.& T. to wait until Spring time to assess the nesting areas of birds. This area is a migratory path for birds and she worries about birds striking the tower. 2. There is an elevation of 700 feet and the run-off from the ridge is significant during storms. There is a danger of seepage from the batteries. 3. Towers cause an increase of lightening strikes. 4. Dr. Michael Clemens, Herpetologist, is available to do field work necessary to learn what species are in that area. A Steep Rock review is being done to study the 75-100 endangered species present in Meeker Swamp. 5. There are 40 different homes in the area but is described rural by A.T.& T. 6. Sprint, as reportedly, is also looking at RT.47 and RT. 109, as there is a network of towers planned.
Mr. Ajello pointed out the following: 1. Bee Brook is 1500 feet below and west of the proposed tower site. There exists a wetland pocket or intermittent stream very near the proposed tower site. 2. One tower can accomodate up to five carriers.
Mrs. Hill asked Ms. Dupruis to submit in writing the statements she made tonight and noted the Commission will give their view of the situation during the upcoming1-27-03 Zoning Meeting.
IV. Pending Applications.
Sheinfeld, IW-02-61 ATF, 112 Lower Church Hill Road, In-ground Pool, Modify Deed Restrictions.
Dirk Sabin, Landscape Architect, was present.
Sheinfeld con't:
Mrs. Hill said she talked to Michael Zizka, I.W.C. Attorney, today and he is concerned about the Town accepting a Conservation Easement without having enforcement at it's disposal, whereas the I.W.C. does have enforcement powers in place.
She said the members need to agree upon the language of the Conservation Easement and both parties need to agree before a permit is given.
Elaine Luckey said the Town has accepted a few Conservation Easements to date and David Miles, Town Attorney, said the Town can turn over management of a Conservation Easement to the Conservation Commission.
Mrs. Hill will give members copies of the proposed Conservation Easement to review for the next meeting. Dirk Sabin asked that Atty. Zizka work with Robert Fisher, Mr. Sheinfeld's Attorney, to address this situation.
Dirk Sabin explained the following: 1. Mr. Sheinfeld is willing to move the compressor but asks permission to leave it in place. 2. The compressor cannot be placed in the new pool mechanics location, as it is too far from the house for effective operation. 3. It will be necessary to dig a trench from the house to a new location and dig a trench from the new location to the propane gas tanks, which are below the house and above the reserve septic system. Ms. Purnell asked that alternate locations be marked on the map, "Site Analysis Plan, Jay Sheinfeld, 112 Lower Church Hill Road, by T. Michael Alex L.L.S., dated July 1996 and revised 9-9-02 / 11-8-02." The members agreed the compressor is to be moved, pointing out honoring the original Deed Restriction" as their main reason.
Cass/DePecol, IW-02-73, 46 June Road, Construct Dwelling and Driveway, Rennovate Guest House. Mark DePecol, John Di Maria, Berkshire Engineering, and Mr. Osowiecki, Contractor, were present. Revised plans,"Site Development Plan, Mark DePecol, June Road by Berkshire Engineering & Surveying, L.L.C., dated 10-15-02 and revised 12-31-02" and hydraulic calculations, dated 1-2-03 were submitted. Mr. Di Maria said these revised plans and hydraulic calculations were sent to Land Tech Consultants. Mrs. Hill read the FAX from Land Tech, dated 1-8-03, which stated the revisions were adequate but recommended they be added to the map.
Ms. Purnell noted there is an increase of about one foot of the paved area along the driveway at the turns. She recommended strengthening the shoulder, along the driveway, with underlayment, gravel and grass or pavers that allow grass to grow through. Mr. La Muniere noted the paving is planned in order to decrease erosion and does have a sturdy underlayment.
Mr. La Muniere is concerned about erosion in the triangle area proposed for clear cutting and recommended looking more carefully at the vegetation management and being present when the trees to be cut are marked. Ms. Purnell noted there were not many large trees left in that area.
Mr. Ajello recommended creating by-pass areas along the driveway, wide spots to allow for the passing of cars going and access for emergency vehicles.
The Commission agreed to yield to Land Techs expertise and Mr. Weber recommended reviewing the revised plans with due diligence.
Kirk, IW-02-74, 34 Sunset Lane, Install Footing Drain.
Mr. Kirk was present and noted that he had submitted the requested information: updated plot plan, narrative about equipment and alternatives explored for the drainage direction. Ms. Purnell noted the Commission's appreciation for this information.
MOTION: To APPROVE the application Kirk, IW-02-74, 34 Sunset Lane, Install Footing Drain, as submitted. By Ms. Purnell, seconded by Mrs. Hill and
passed 5-0. Ms. Purnell noted all issues had been addressed and a best effort made to look at alternatives.
Rizzo/James, IW-02-69, 129 Bee Brook Road, Build Retaining Structure.
Mr. Ajello talked to Mrs. James to ask that a construction sequence be prepared for the next meeting.
V. New Applications
Shepaug Realty, IW-03-03, RT.47/Washington Depot, Temporary Bridge.
Mr. DePecol was present and explained the following: 1. He bought 40 acres out of 65 acres next to Newman's property with a few thousand feet of frontage. 2. The existing bridge collapsed into Bee Brook. 3. He asked Brian Neff to design a permanent bridge but in the meantime he requires a temporary bridge to start preliminary construction activities. 4. He will submit a survey.
The Commission requested a narrative explaining why he needs a temporary bridge and what kinds of measures he is going to take to decrease the impact to Bee Brook or improve the area.
Rumsey Hall School, IW-03-01, 201 Romford Road, Demolish Dorm, Construct Dwelling.
Thomas Farmen, Headmaster, and Dorota Habib, Business Manager, were present. Mr. Farmen explained the following: 1. The dorm is a pre-fab unit erected in 1970 and is the first building on the left as one turns onto Whittlesey Road. This is at the far west end of campus. 2. The footprint of the new structure will be smaller and a second story added. 3. This will also be a pre-fab unit, built off campus and brought in. 4. A foundation will be constructed in June after the students leave for the summer. An estimated 410 yards of material will be removed.
Mr. Weber asked about the high water table in this area and the direction of the footing drain flow. Mr. Farmen explained: 1. Dry wells right around the existing dorm, drain well. Once the new septic was installed, the area became dry. 2. There is natural drainage from an old mill site between the building and Whittlesey Road going toward Bantam River.
The Commission noted it's concern is the impact to Bantam River and requested dumpster and stockpile locations be depicted on the plans. The members will make individual Site Visits.
Weiner, IW-03-02 E, 110 Litchfield Tnpk., Improve Two Farm Ponds, Create One Farm Pond.
Josh Weiner was present and explained: 1. This is a Christmas tree farm. He needs the ponds to use for watering the trees. 2. He created two ponds through the years each time he removed about 5 yards of material to fill in the large hole left after a 30-35 year old tree was pulled out. 3. The material removed to create the third pond will be stockpiled (to the east of pond #2 in the middle of the field) to use for filling in future holes and hay
Weiner con't:
bales will be placed around the stockpiles. 4. The three ponds total about 1.2/1.4 acres. The two existing ponds are about 5 feet deep and proposed to be dredged to about 8-10 feet. 5. The soil is sandy with about 10 inches of topsoil on top.
Ms. Purnell made the following points: 1. She is concerned about Bee Brook in relation to pond #1. 2. Evaporation will be minor within this scale of operation. 3. This site is in a portion of Meeker Swamp. Yale University is doing a study about managing the Meeker Swamp area for a diversity of types of wildlife. A plus for the area is that evergreens provide a habitat for wintering songbirds.
Mr. Ajello noted that this is a cycle of storing water in the ponds to be returned later to the trees.
The consensus of the members is that this application is definitely an exemption with the ponds as an integral part of the farming operation and Mr. Ajello can sign off on this. Mr. Weber noted this would be different if a much larger number of ponds was proposed.
VI. Enforcement.
S.M.R. Partners, IW-02-72, 103 Baldwin Hill Road, Construct Dwelling.
Joe Gitterman, Agent, was present.
Mr. Ajello and Mr. Gitterman explained : 1. Pouring concrete for the foundation began today with the footings and the cement truck got stuck as it proceeded down the shared driveway. The cement accelerant was a special mix for fast curing in the cold. With only a short time period to get the job done and the difficulty of rescuing a heavy truck, Mr. Ward, Contractor, had 60 yards of processed stone put down on a little less than one/half of the driveway. 2. When the weather warms, the road bed may sink and it may be necessary to bring in more material.
Mr. Gitterman explained: 1. To date two or three trucks have gotten stuck. 2. He had communicated to Mr. Ward the conditions of the IWC permit and Mr. Ward thought this addition of processed stone was within the definition of filling in potholes.' 3. He thinks the driveway caved, creating a depression, in the section that was filled.
The Commission discussed the following: 1. Their disappointment with this situation. 2. The options available: a. The material remaining or being removed. b. Erosion control fencing to be placed along the driveway to prevent the material going into the wetlands and culverts. c. Revoking the permit or asking for a new application for a permit to strengthen the driveway. d. Sending an Enforcement Order.
The members agreed on the following: 1. The permit will be kept in place given there are no other violations. 2. An Enforcement Order will be sent directing: a. No additional material be placed in the driveway without first coming to the Commission. b. An application by the co-owners is to be filed in the Spring to address the problems of removing any material extending into the wetlands and driveway maintenance. c. Mr. Gitterman is to carefully communicate this to Mr. Ward.
Gunn Hill Road, Drainage Problems
Elaine Luckey, First Selectman, in response to a complaint letter explained: 1. Gunn Hill Road is very steep and the drainage problems existed for a long time. 2. She will visit the site along with Nick Solley, Selectman, Harry Wyant, Selectman and Roger Canavaro, Road Crew Foreman to better understand the situation and then respond to complaints from neighbors.
Beck, IW-02-V1, 132 Calhoun Street,. Cutting & Clearing in Wetlands
The members discussed the draft motion and revised it.
MOTION: That Cease and Restore Order, IW-02-V1, issued by the Commission on June 17, 2002 in re the Julian and Pamela Beck property at 132 Calhoun Street, Washington, CT. be REVISED to require a five-year plan for:
a. monitoring and removal of invasive plant species,
b. monitoring of tree canopy re-growth, and
c. confirmation that the + / - one acre wetlands is being allowed to return to a natural, undisturbed state.
Under this revision to the Order, the property owner (s,) currently the Becks, shall:
1. retain a qualified botanist, approved by the Commission, to monitor the wetlands for the appearance of invasive plant species and be responsible for the removal of said species, using best management practices, should they appear. ( The targeted species are listed in "Non-native and Potentially Invasive Vascular Plants in Connecticut" by the Center for Conservation and Biodiversity, University of Connecticut, as amended.) The botanist must submit a written report to the Commission each year in November
( in May and November, 2003,) and also whenever invasive species are noted and
removed;
2. allow remaining native vegetation to re-grow and;
3. refrain from cutting, mowing or removing any native plant materials from the wetland, including dead trees, limbs and brush, or stream deposits such as detritus, all of which contribute to a healthy wetland eco-system
The Cease and Restore Order, as revised 1-8-03, is to REMAIN on the Washington Land Records for a period of five years until all requirements of the Order are met and the Order itself rescinded. By Mrs. Hill, seconded by Mrs. Korzenko and passed 5-0.
Brown, Longview Landing. Inc., IW-02-V3, 96 Romford Road, Dam Failure.
Mrs. Hill said she did not call Dr. Brown, as discussed during the last meeting. The members agreed on February 6, 2003 as a new deadline for Dr. Brown to submit plans for a permanently stable dam and Mrs. Hill will communicate this to him.
Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration.
Mrs. Hill noted Dudley Ashwood did not come to the meeting as expected and she will call him to see if he can attend the next meeting with plans to review.
VII. Administration
Washington Community Housing Trust, IW-02-67, 16 Church Street, Construct Apartments/New Submission.
The members reviewed the submitted revised plans: "Drainage & Grading Plan, 16 Church Street by Authur H. Howalnd L.S., dated 12-13-02" and "Zoning & Driveway Submissions, Driveway & Septic Revisions, Site Plan by Peter Talbot A.I.A., John Smolen & Assoc.L.L.C., Nicoll Krepak, Consulting Engineer, Authur H. Howland, P.C., dated 1-10-03." It was agreed the revisions do not trigger' the Commission's jurisdiction.
III. Consideration of Minutes
Regular Meeting, December 12, 2002
MOTION: To ACCEPT the minutes of the Regular Meeting of December 12, 2002, as amended. By Ms. Purnell, seconded by Mr. Weber and passed 4-0-1. Mrs. Korzenko abstained as she did not attend this meeting. The amended/corrected minutes
(relevant pages) are attached to the end of these pages.
MOTION: To ADJOURN the meeting by Mr. Weber. All agreed at 10:55 p.m
Katherine Moquin Land Use Secretary
January 17, 2003
Meetings in 2002