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, S