The Town of Washington, Connecticut
Minutes: Inland Wetlands Commission, 2004
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Inland Wetlands Commission, 2004 |
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December 8, 2004
MEMBERS PRESENT: Mrs. D. Hill, Mr. LaMuniere, Mr. Picton, Ms. Purnell
MEMBER ABSENT: Mrs. Gray
ALTERNATES ABSENT: Mr. Bedini, Ms. Coe, Mrs. Korzenko
STAFF PRESENT: Mr. Ajello, Mrs. J. Hill
ALSO PRESENT: Atty. Fisher, Mrs. Gatto, Mr. Neff, Press, Mr. Churchill, Mrs. Kraft, Mr. and Mrs. Klein, Mrs. Pullaro, Mr. J. Fiorilla, Mr. M. FiorillaSHOW CAUSE HEARING
Gatto/155 Woodbury Road/#IW-04-01/Unauthorized Deck
Mr. Picton called the hearing to order at 6:45 p.m., noting the purpose was to give the property owner an opportunity to show why the 11/30/04 enforcement order should not remain in effect.
Atty. Fisher represented the Gattos. He briefly reviewed the history of the approvals granted and work done at 155 Woodbury Road. In particular, he noted that 1) during its site inspection conducted on 1/26/04 the Commission had no apparent problems with the deck, 2) in its 1/28/04 motion of approval there had been no condition that the deck must be removed, and 3) minutes in the file incorrectly stated that the deck overhangs the stream. Ms. Purnell noted in its current configuration and during normal water levels the existing deck does not overhang the stream.
Atty. Fisher presented before and after photos of the deck; 1) the deck as it was when the Gattos purchased the property and 2) the deck after it was rebuilt. He noted the Assessor's card had the deck size listed as 6' X 12' and the rebuilt deck is 5' X 12'. He then summarized the Inland Wetlands and Zoning Board of Appeals application procedures that the Gattos had gone through to obtain approvals for the second story addition.
Ms. Purnell asked if the deck had been shown on the plans approved by the ZBA. She stated that the plans submitted to the Wetlands Commission did not show the deck and if they had, there would have been a more careful review. She noted Mr. Gatto had indicated the deck would be removed, that the Commission had considered this a trade-off for approval of the second story, and it had been noted for the record the deck would be removed.
Atty. Fisher asked the Commission to take a common sense approach. He noted the old deck had been pressure treated wood and the new deck was mahogany with only the supports being pressure treated so there would now be little leaching into the watercourse. He asked what the potential harm was from the new deck and why a pre existing deck was a concern to the Commission.
Mr. LaMuniere said the Commission had approved the second story addition with the understanding the deck (and its associated maintenance) would be removed. He said it was clear that the plans submitted to the Commission did not include the deck and the minutes stated the deck was to be removed.
Atty. Fisher maintained it was not clear that the Gattos would remove the deck, pointing out that Ms. Purnell's timeline indicated Mr. Gatto said he would "probably" remove it.
Ms. Purnell said the Commission had discussed whether to condition the approval on the removal of the deck, but since the deck had not been part of the plans submitted, it was noted for the record it would be removed, rather than made a condition of approval. She said it was a trade off in the Commission's opinion; approval of the second story, "a lesser evil," for the removal of the deck, which if it remained would continue to leach into the stream. She noted it was the Commission's job to minimize both long term and short term impacts to wetlands and watercourses.
Mr. Picton agreed, saying that structures located so close to the wetlands almost certainly have a negative impact, and therefore, the Commission's policy has been not to allow structures that close to streams.
Mrs. Gatto noted the Commission had asked Mr. Gatto to make three revisions to the application, and asked why removal of the deck was not also specified. Ms. Purnell responded that it had not been necessary because Mr. Gatto had informed the Commission the deck would be removed. Because it was being removed, there had been no need to discuss it or to make stipulations.
Mrs. Gatto remarked that no one on the site inspection had commented negatively regarding the deck. She said that they thought they were improving the deck by eliminating the pressure treated wood. It was noted that during earlier discussions about this deck, Atty. Fisher had stated the wood used was not be pressure treated, but Mr. Ajello said he had checked the tags on the wood, and in fact, it was the old type of pressure treated wood with the application of a sealer that had been used.
Mr. Picton again pointed out that the deck had not been shown on the plans submitted with the application. Mrs. Gatto responded that her architect had been focused on interior work and so had not been concerned about the deck. Mr. Picton noted the Commission had based its decision on the documents in the file, which did not include a deck. Mr. Ajello pointed out that not only did the plans submitted show no deck, but they also did not show a doorway to lead to the deck.
Regarding possible impacts of the deck on the wetlands and watercourse, Mr. Picton noted that shade affects the growth of vegetation, which is essential to the ecology. He also pointed out that maintenance work for the deck would involve chemicals to control mold and paints or stains and that during maintenance work the exposed soils would be compacted, which would also affect plant growth.
Atty. Fisher again noted the 4/7/04 approval made no stipulation that the deck must be removed.
Ms. Purnell stated the tapes of the meeting definitely reflect the fact that the deck was not shown on the plans, and therefore, was not an item for discussion. Mr. LaMuniere agreed the Commission acted based on the plans submitted.
Mr. Ajello noted the site plan submitted, dated 11/20/03, did not show the deck, either.
Ms. Purnell said if the Commission had realized a deck was proposed, it would have discussed feasible and prudent alternatives, such as alternate locations and materials.
Mr. Picton advised Mrs. Gatto the Commission would consider whether to uphold the enforcement order later in the meeting under Enforcement.
There were no further questions or comments from Mrs. Gatto, Atty. Fisher, or the Commissioners.
MOTION: To close the Show Cause Hearing for Gatto/ 155 Woodbury Road/#IW-04-01/Unauthorized Deck. By Ms. Purnell, seconded by Mrs. Hill, and passed 4-0.
Mr. Picton closed the hearing at 7:15 p.m.
This hearing was recorded. The tape is on file in the Land Use Office, Bryan Memorial Town Hall, Washington Depot, Ct.
REGULAR MEETING
Mr. Picton called the Meeting to order at 7:17 p.m. and seated Members Hill, LaMuniere, Picton, and Purnell.
Consideration of the Minutes
The 11/23/04 Regular Meeting minutes were accepted as amended.
Page 3: next to the last line under Holly Hill Farm: There is no e in Sharp.
Page 4: in the 12th line under Matthews: Change crossing to flow path.
Page 4: end of 4th line under Ross: Change "notice of violation" to enforcement order and in the 5th line after Land Records add: "and wants the enforcement release filed on the Land Records."
Page 5: in the 8th line from the top: Insert a semi colon after house, and combine this sentence with the following one.
Page 5: in the 2nd line under Carter: Change the beginning of the sentence to: Mr. Picton requested an engineer's as-built and report....
MOTION: To accept the 11/23/04 Regular Meeting minutes
as amended. By Ms. Purnell, seconded by Mr.
Picton, and passed 4-0.
Pending Applications
H.O.R.S.E. of Ct./43 Wilbur Road/#IW-04-57E/Construct Sheds and Fence: Mr. Ajello placed the property boundaries on the USDA soils map and pointed out the wetlands soils. It was noted water tests at the Montessori School had indicated high level of contaminants from the horse farm, but to address this problem, Ms. Wahler had since begun to take the manure off site. The Commission scheduled a site inspection for Tuesday, December 14, 2004 at 3:30 p.m.
Stiteler-Giddins/198 Tinker Hill Road and West Shore Road/2 Lot Resubdivision: Mr. Neff, engineer, submitted the map, "Proposed Site Development Plan," by Mr. Neff, revised to 12/8/04, which added a 41.5 ft. long intermittent watercourse west of wetland flag #128. He said this was a relatively small watercourse that did not change the proposed construction plan. He also noted he had previously submitted the four conservation deeds, which had been requested at the last meeting. Ms. Purnell said she would review them. Mr. Neff also submitted his analysis of alternatives, dated 12/8/04. Mr. Picton noted the contours dip to indicate a swale within 20 ft. of the house site and then the swale continues along the driveway. He asked if the swale would intercept water, and said the Commission must consider surface flow. Mr. Neff stated the proposed scope of development was as compact as possible. Ms. Purnell worried about the cumulative impacts of future activities. Mr. Neff stated additional activities would require separate permits. Mr. Klein spoke on behalf of the neighboring property owner, Ms. Weeks. He pointed out the very steep slope to the west of the leaching fields, said all the runoff would flow towards the proposed house, and noted the area to be developed is very muddy. Mr. Neff said this runoff would be deflected by the base of the existing stone wall, said the soil scientist did not find any watercourses in the area uphill from the house and leaching area, and noted there was no construction proposed in this area. Mr. Neff said a curtain drain was proposed and there was a specific erosion and sedimentation control plan and sequence that would be implemented. Mr. Picton asked if recontouring was proposed along the side of the house to deflect the runoff. Mr. Neff said the site would be graded and a 6" to 12" swale installed so the runoff would flow around the house. Mr. Picton was concerned that during construction, the runoff would pick up sediment. Mr. Neff said there would be a silt fence installed in the lower flat area to catch any silt. Mr. Picton did not think the proposed silt fence would be able to catch all the runoff, but Mr. Neff said it would be adequate because 1) the flow would not be funneled, 2) existing vegetation would be left in place on the side of the hill above the construction area, and 3) only modest disturbance was proposed. Ms. Purnell asked what percentage of the proposed 12.8 acre lot was upland soil or nonregulated area. Mr. Neff said at least 3 acres. Mr. Picton thought the applicants had given up possibilities for feasible and prudent alternates and had left themselves a marginal site when they created the four existing conservation easements. He asked for calculations for how many square feet of the proposed lot were unregulated, the size of the watershed, and how much water will flow through the house site and down the access corridor. Mr. Picton suggested there might be so much runoff that a quarter acre detention pond would be required, but Mr. Neff stated this would not be necessary because the runoff would diffuse into the wetlands on both sides of the driveway. Ms. Purnell said her concern was about the long term impacts to the lake because of salt and sand from the driveway and the proposed tree cutting would generate more runoff flow. Mr. Picton thought that monitoring of the construction site would be critical and so Mr. Neff said he would review the construction sequence. It was noted the Commission would send the application to the NW Conservation District for review of the proposed erosion and sedimentation controls and Mr. Neff would submit a written request for an extension.
Holly Hill Farm, LLC./87 Whittlesey Road/#IW-04-65/Restoration and Reforestation: The report from the Commission's consultant had not yet been prepared and no one was present to represent the applicant. Mr. Picton asked Mr. Ajello to make sure all work on the property had stopped and to determine whether stabilization measures were required for the exposed dirt at the dump site. Ms. Purnell asked that Mr. Child's report be faxed or emailed to all Commissioners prior to the next meeting.
Dore-Jepson/144 East Shore Road/#IW-04-67/Renovate Cabin: The contractors were present. Ms. Purnell proposed a condition of approval that hay bales be staked around the existing catch basin, but Mr. Ajello said the bales would be too close to the traveled portion of the road. He thought possibly crushed stone could be placed around the catch basin. Mr. Picton asked that Mr. Ajello's recommendations be followed during construction.
MOTION: To approve as submitted application #IW-04-67 by Dore-Jepson per the map, "Property of John Smart," by Mr. Osborne, dated 12/21/62 to rebuild and increase the height of the cabin at 144 East Shore Road. By Ms. Purnell, seconded by Mrs. Hill, and passed 4-0.
Adams/57 West Shore Road/#IW-04-68ATF/Site Improvements: Mr. Churchill and Mr. Neff were present. Mr. Ajello's 12/8/04 report and the map, "Proposed Site Improvement Plan," by Mr. Neff, dated 11/1/04 were reviewed. It was noted driveway drainage, driveway repair work, and construction of a dock were not included in the current application. Driveway drainage was discussed, however, and Mr. Churchill said he would talk to a state DOT drainage engineer about what measures could be taken to improve the existing drainage conditions. Ms. Purnell stated she was concerned about the runoff flowing into the lake, but Mr. Picton pointed out that condition is existing; it was not caused by the proposed site work. Mr. Picton asked if additional erosion controls would be needed. Mr. Ajello noted the proposed stone wall with filter fabric behind would be built first and then backfilled. Mr. Picton asked Mr. Ajello to monitor the work in progress and to request additional erosion controls measures if necessary. Mr. Picton thanked Mr. Churchill for the detailed information provided.
MOTION: To approve application #IW-04-68ATF submitted by Mr. Adams for site improvements at 57 West Shore Road per the map, "Proposed Site Improvement Plan," by Mr. Neff, dated 11/1/04; approved as submitted for items #1-#9 in the project description narrative dated 8/19/04 with the stipulation that items #10-#13 in the narrative and also described in Mr. Ajello's 12/0/04 report as #10, #11, #12, and #13 are excluded from the application being acted on at this time and with the stipulation that no work on the portion of the driveway below the existing retaining wall and the existing shed, no associated drainage improvements, and no docks are included in the approval. By Mr. Picton, seconded by Mr. LaMuniere, and passed 4-0.
Ross/10 Sunny Ridge Road/#IW-04-69/Driveway: It was noted the application was for the "passway" only and that its location was shown on the map, "Site Plan - Wetlands Restoration," by Bradford E. Smith and Sons, dated 5/2/03, revised to 5/28/03 drawn in blue ink by Mr. Ajello. This was consistent with the 5/2/03 mylar submitted by the applicant with overlays showing the passway drawn by hand in black. Ms. Purnell thought there should be an as-built survey to document the completed location of the passway, but Mr. Ajello reported the stakes on site lined up exactly with the mylar location indicated. It was noted it would be difficult to reference the location of the passway in any motion due to the nature of the maps submitted. Mr. Picton asked for photo documentation of the location and condition of the passway for the file.
MOTION: To approve the location and present condition of the passway on the Ross property at 10 Sunny Ridge Road in the location shown in blue pen on the map submitted with application #IW-04-69, "Site Plan-Wetlands Restoration," by Bradford E. Smith and Son, dated 5/2/03 and revised to 5/28/03, which location was derived from a mylar overlay provided by Mr. Ross on another map, "Wetlands Restoration As-Built Survey," by Bradford E. Smith and Son, dated 4/26/04 also submitted for this application. The rock surface of this passway is not elevated above the adjacent ground, is no more than 12 feet wide, and is the existing rough rock surface. By Mr. Picton, seconded by Mr. LaMuniere, and passed 4-0.
Matthews/142 Upper Church Hill Road/#IW-04-72/First Cut and Driveway: Mr. Neff, engineer, was present. The map, "Proposed Site Development Plan," by Mr. Neff, revised to 11/23/04 was reviewed. It was noted Ms. Coe had expressed her concern about the inevitable impacts when activities are approved in areas comprised of so much wetlands. Mr. Picton said the slopes were minimal here, however, and all construction activity and landscaping would be limited to an envelope at least 100 ft. from wetlands. It was also noted the application was for the driveway and feasibility for development only so future activities would require additional permits. The Commissioners requested that notes be placed on the map that 1) only the driveway crossing is approved, 2) the limit of disturbance is the line of silt fence as shown on the map, 3) clearing is allowed only for the driveway; no clearing is to be done beyond the point where the driveway leaves the regulated area and enters the building envelope, except for a small turning area, and 4) the right of way off Upper Church Hill Road is not approved for driveway access. Mr. Neff agreed to add these notes to the map and to revise the DEP reporting page in the application form.
New Applications
Kraft/53 Shearer Road/#IW-04-71/Extend Wall and Fence: Mrs. Kraft was present. Mr. Ajello said he had inspected the site and found the actual wetlands differ from those shown on the subdivision map. They are located within 30-40 ft. of the boundary line where the stone wall is proposed. It was noted the clearing had already been done, shallow scraping for the base of the wall would be required, and the wall would be dry laid. Mr. Ajello thought there would be no impact to the wetlands on the adjoining property. Ms. Purnell noted the large nearby wetland areas and asked that gaps be left in the proposed wall to enable wildlife to pass through. Mr. Ajello recommended tubes be installed every 20 ft. along the ground and Mrs. Kraft agreed to do so. Mr. Picton asked that the construction narrative be revised to include installation of the tubes and a note that the excavated material would not be spread on the wetland side of the wall. Action will be taken at the next meeting.
Ranieri/25 Nettleton Hollow Road/#IW-04-72/Dry Hydrant: Mr. Woodruff's 12/1/04 letter, which accompanied the application, was read. Mr. Ajello stated he had reviewed the application and it was complete. It was noted there was no fee submitted with the application, but that other dry hydrant applications submitted by the Fire Dept. had included the application fee.
Enforcement
Gatto/155 Woodbury Road/#IW-04-01/Unauthorized Deck: Mr. Picton noted the Commission must decide whether the enforcement order issued on 11/30/04 should remain in effect. Mrs. D. Hill read the order. Ms. Purnell stated the deck was inconsistent with the permit issued because the application and plans did not include a deck and that it was not known whether a deck would have been approved because it had not been applied for and so had not been discussed by the Commission. Mr. LaMuniere said that Mr. Gatto had told the Commission the deck would be removed. Ms. Purnell noted the cumulative impact of chromium copper arsenic to invertebrates and to the wetlands. She said the Commission's job is to protect the resources of the state and town and so it should take every opportunity to improve their quality. Mrs. Hill did not think there was a strong enough reason to make the Gattos remove the deck. Mr. Picton noted the Commission must be able to conduct its business in an orderly, consistent, and effective manner and could not be expected to "double back" to permit a deck when clearly the application did not include it. Mr. LaMuniere agreed the Commission must abide by its standards and treat applicants consistently.
MOTION: That the 11/30/04 Enforcement Order issued to Mr. and Mrs. Gatto concerning the deck at 155 Woodbury Road remain in effect. By Mr. Picton, seconded by Ms. Purnell, and passed 3-1. Mrs. Hill voted No because she did not think there was a strong enough reason to order the deck to be removed.
Other Business
Pullaro/23 Calhoun Street/#IW-04-35/Request to Amend Application to Include Gravel Parking Area, Gravel Path, and Fence: Mrs. Pullaro read her letter dated 12/3/04. She explained the proposed fence would have non pressure treated cedar posts and the holes would be hand dug. The map, "Site Improvement Plan," by Mr. Neff, dated 8/10/04 with hand drawn notations by Mrs. Pullaro was reviewed. Mr. LaMuniere reminded Mrs. Pullaro that fill is still needed along the edge of the driveway so the runoff will sheet flow down the drive instead of washing over the lawn. Mrs. Pullaro said she had already contacted her contractor to request this area be filled. It was noted on the map the area with native plantings would be extended the length of the area between the new proposed fence and the stream, the fence would be non pressure treated pickets and posts, and crushed or clean stone would be used instead of gravel for the parking area and path.
MOTION: To approve the revisions to permit #IW-04-35 requested by Mrs. Pullaro for a fence, parking area, and walkway at 23 Calhoun Street per the 12/3/04 narrative and the revisions noted in black pen on the map, "Site Improvement Plan," by Mr. Neff, dated 8/10/04, which was submitted with the request. By Mr. Picton, seconded by Mr. LaMuniere, and passed 4-0.
Enforcement Report
Armstrong/72 Mygatt Road: Mr. Ajello reported there were unstable stockpiles of material, surface runoff, and an overflowing well on this property. He will reinspect and said he would not sign off until either the site is stabilized or a bond has been posted.
Brody/Bee Brook Road/IW-02-06: Several Commissioners were disappointed that so much of the rock outcropping had been excavated. Mr. Ajello explained the rock had been too porous for footings and so had to be chipped out.
Fowler/138 Nichols Hill Road/#IW-04-V5: Mr. Ajello reported Mr. Fowler will comply with his specific directives, will hire a professional to draw a planting plan, and will propose to reduce the slope going down to the wetland area by removing material.
Holly Hill Farm, LLC./87 Whittlesey Road/#IW-04-65: Mrs. J. Hill noted the $2500 consultants fee had been submitted.
Gatto/155 Woodbury Road/#IW-04-01/Unauthorized Deck: It was noted the 11/30/04 enforcement order had been upheld.
Gentile/38 Winston Drive: Mr. Ajello reported the erosion control measures requested last month had not been installed. Mr. Picton advised Mr. Ajello to notify Mr. Gentile that if the erosion controls are not installed as soon as possible, a notice of violation will be issued.
Greenfield/12 Ives Road: The Commission is still waiting for an application for clearing in or near the wetlands.
Guliano and Robbins/Winston Drive: The driveways on these two properties had been paved without permits. It was noted that although this is a regulated activity, permits are frequently overlooked by property owners. Ms. Purnell suggested that the Selectmen put an advisory note on the Town website that paving a driveway within 100 feet of a wetlands or watercourse requires a permit. Mr. Picton asked Mr. Ajello to write to both property owners to ask if the recent driveway work resulted in any change to the surface runoff. This matter will be discussed again in January.
Matthews/89 Lower Church Hill Road: Mrs. Corrigan's 12/6/04 letter was read. She found numerous groundwater seeps on this property, which she thought could be impacted by the blasting required for the proposed dwelling and pool. Ms. Purnell stated these were ephemeral wetlands. Mr. Picton asked how close the seeps were to the construction site. Mr. Ajello said they were in the cleared area and immediately below and in the blasting area. The groundwater hydrology and surface runoff of the site were discussed. Mr. Picton noted that seeps within 100 feet of the construction area and any regrading and redirection of surface runoff that could change the flow towards a wetlands and/or watercourse would be under the Commission's jurisdiction. He said, too, the Commission must consider erodable soil in the event that surface water is redirected. Mr. LaMuniere stated blasting could compress the stone, which would compact the seeps, affecting the hydrology. It was the consensus that Mr. and Mrs. Matthews should submit an application with a complete site plan by a qualified professional. Mr. Ajello will send a letter to notify the property owners.
Howard/99 West Shore Road/Tree Cutting: Mr. Ajello circulated photos of recent cutting of damaged trees. Ms. Purnell asked if this would impact the steep slopes above the lake. Mr. Picton advised Mr. Ajello to stipulate to the property owner that the roots may not be dug out so there would be no soil disturbance. Ms. Purnell recommended installation of a jute mat, seeding, and mulching to stabilize the slopes over the winter if they have been disturbed by the tree work.
Meeker/269 New Milford Turnpike: An application was submitted on 12/8. It will be received at the next meeting.
Rheinhart/10 Perkins Lane: Mr. Ajello reported Ms. Rheinhard wants to cut trees in a possible wetlands area. He will inspect the site, check the soils map, and possibly request an application.
Sasson/4 June Road: Mr. Ajello showed photos taken in June 2004 and the summer of 2002, which Mr. Sasson claims show the configuration of the previous stone deck. Mr. Picton and Mr. LaMuniere remained skeptical that the photos were taken before the new work was done. Mr. Sasson's 11/29/04 letter was read. Mr. Picton asked for a photo of the current deck so the stonework could be compared with these photos. Mr. Ajello will provide one.
Young/113 Litchfield Turnpike/Drainage Ditch: Mr. Ajello noted there was no permit for the drainage work done on this property. He will discuss the matter with Mr. H. Underwood, contractor, and will require either restoration or an after the fact application.
Ross/10 Sunny Ridge Road/#IW-02-V2/Wetlands Restoration: Mr. Ajello reported Mr. Ross had filled in the gullies and had dug the silt out of the wetlands as the Commission required. Mr. Picton noted there was no as-built showing the successfully completed restoration, but upon review of the approval of the permit, it was noted this had not been stipulated. Mr. Ajello said he had been on site, had checked the staked locations, and had found the restoration was complete. It was the consensus to approve the restoration as substantially complete based on Mr. Ajello's inspection, noting the approval would be for 10 Sunny Ridge Road only and not for the adjoining property where material had been deposited without a permit. Mr. Ajello will send a letter to Mr. Ross to inform him he is required to remove the material deposited within 100 feet of wetlands or to apply for a permit.
MOTION: To approve the restoration on the Ross property at 10 Sunny Ridge Road as substantially in conformance with the approved restoration plan based on Mr. Ajello's inspection, and therefore the Commission files a release of the 9/3/02 enforcement order for 10 Sunny Ridge Road. By Mr. Picton, seconded by Ms. Purnell, and passed 3-1. Mrs. Hill voted No because she thought Mr. Ross should be required to submit an as-built map prior to taking the order off the Land Records.
A copy of the above motion approving the restoration will be filed on the Town Land Records.
Carter/292 Walker Brook Road/#IW-04-V8/Repair of Retaining Wall: Mr. Picton noted a notice of violation had been sent. If no citation check has been received by the next meeting, the Commission will take appropriate action.
Discretion of the Chair
It was noted the New Milford Zoning Commission had approved the zone change for Walker Brook Road and the number of lots applied for, and had since requested an environmental review by Kings Mark.
The procedure for writing/filing site inspection minutes detailed in Mr. LaMuniere's 11/24/04 memo was briefly discussed again.
Mr. Picton said he had discussed with Mr. Jontos of Land Tech previous problems the Commission has had with consultant reviews. Mr. Jontos said the problems could possibly have resulted from unclear instructions. Therefore, Mr. Picton noted that in the future the Commission would have to be careful when describing what work it wants done and should ask for environmental as well as engineering reviews. He circulated brochures about the services offered by Land Tech Consultants.
MOTION: To adjourn the meeting. By Mr. Picton.
Mr. Picton adjourned the meeting at 10:45 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill
Land Use Coordinator
November 23, 2004
MEMBERS PRESENT: Mrs. D. Hill, Mr. LaMuniere, Mr. Picton, Ms. Purnell
MEMBER ABSENT: Mrs. Gray
ALTERNATES PRESENT: Ms. Coe, Mrs. Korzenko
ALTERNATE ABSENT: Mr. Bedini
STAFF PRESENT: Mr. Ajello, Mrs. J. Hill
ALSO PRESENT: Mr. Neff, Mrs. Matthews, Ms. Paca, Ms. Weeks, Mr. ChurchillMr. Picton called the meeting to order at 7:00 p.m. and seated Members Hill, LaMuniere, Picton, and Purnell and Alternate Coe for Mrs. Gray.
MOTION: To add the following subsequent business to the Agenda: 1) approval of 2005 Calendar, 2) 11/29/04 aquifer protection seminar in Goshen, and 3) discussion of 9/20/04 LaMuniere memo re: site inspection procedures. By Mr. Picton, seconded by Ms. Purnell, and passed 5-0.
Consideration of the Minutes
The 11/10/04 Regular Meeting minutes were accepted as amended.
Page 1: Mrs. Gray is a Member, not an Alternate and Mr. and Mrs. Matthews were present.
Page 2: It is Dr. Gorra, not Mr. Gorra.
Page 3: In the fifth line from the bottom under Kelsey: "In the same direction" was changed to "within the same path."
Also under Kelsey, the last sentence on the page should begin, "It was the consensus of the Commissioners who had inspected the site...."
Page 5: Under Holly Hill Farm: In the parentheses in the 7th line add "contour line" 670.
Page 8: Under Pullaro: The run off does not flow down the driveway, it flows along the east edge of the driveway.
MOTION: To accept the 11/10/04 Regular Meeting minutes as amended. By Ms. Purnell, seconded by Mr. LaMuniere, and passed 5-0.
The 11/17/04 Ross site inspection minutes were accepted as corrected.
Under Wetlands Restoration: Add a sentence: Members noted a silt fence in the reclaimed wetlands.
Under Dumping in Wetland in Back: 2nd line: The fill was within 12 to 50 feet of a wetland edge.
Under Dumping...: Last paragraph: Change the last sentence to: Members discussed the need to keep all such stockpiles away from wetlands. Delete the remainder of the paragraph.
MOTION: To accept the 11/17/04 Ross site inspection minutes as corrected. By Mrs. Hill, seconded by Mr. Picton, and passed 5-0.
MOTION: To accept the 11/17/04 Matthews site inspection minutes as written. By Mr. LaMuniere, seconded by Mr. Picton, and passed 5-0.
Pending Applications
H.O.R.S.E. of Ct./43 Wilbur Road/#IW-04-57E/Construct Sheds and Fence: No new documentation has been received. Mr. Ajello reported he had spoken with Mrs. Wahlers and had requested a site plan showing the location of buildings, paths, roads, drainage, and wetlands. Hopefully this will be submitted for the 12/8 meeting.
Stiteler-Giddins/198 Tinker Hill Road and West Shore Road/#IW-04-64/Resubdivide: Mr. Neff, engineer, submitted a copy of the USDA map, which showed Ash Swamp was some distance away from the subject property. Mr. Picton noted there were no apparent wetlands immediately to the west or south of the property, but there were wetlands on the property. Ms. Purnell pointed out the open field to the west feeds down into a whole series of watercourses. The map, Proposed Site Development Plan," by Mr. Neff, dated 10/7/04 was reviewed and it was noted the Tisbury soil shown on this map was the same as that indicated in Mr. Temple's soil report amendment dated 11/22/04. According to the amended report, one watercourse will be flagged and added to the site plan and no wetlands soils were found at the proposed driveway location. Ms. Purnell noted that the seasonal flows and/or high water found in this area were a concern. Mr. Neff said he would take a second look at the proposed development area. Ms. Purnell noted there were conservation easements on the surrounding parcels owned by the applicants and asked if their language allowed any building. If so, this could be a feasible and prudent alternative. Mr. Neff will submit the easements for review at the next meeting. Mr. Picton said the Commission would not decide whether to hire a consultant until all the wetlands and watercourses were shown on a revised map. Ms. Purnell noted at the last meeting she had requested a detailed analysis of alternatives. Mr. Picton read the 11/16/04 letter from Ms. Weeks, adjoining property owner. Ms. Weeks advised the Commission about her observations of the conditions in this area; 1) the hillside is covered by rivulets and watercourses, 2) water "bubbles up" from the hillside and she has curtain drains in her back yard at 265 West Shore Road to handle it, and 3) the area where the house and driveway are proposed was always so wet that a tractor could not drive through except during droughts and that was the reason it was overgrown. She also thought it would take an excessive amount of fill to make the driveway viable. Ms. Purnell said the Commission should keep in mind that the removal of trees for site development will increase the amount of water in the area.
Holly Hill Farm, LLC/87 Whittlesey Road/#IW-04-65/Restoration and Reforestation: Ms. Paca, landscape architect, was present. Mr. Childs, forester, was hired to review the proposal and to submit his findings and recommendations. The Commission will wait for his report before taking any action. The status of the dump site was discussed. Mr. Ajello circulated photos and noted all the work to date had been done by hand. Mr. Picton noted he had thought the wood to be removed was on top of the ground and that a heavy mulch would remain and said he did not foresee so much soil disturbance on the steep slope. Ms. Korzenko thought only the large pieces were to be removed. Ms. Paca said Mr. Childs had inspected the dump site and had recommended a jute mesh be installed to stabilize the slope and then trees planted in the disturbed areas. She said he also thought boulders should not be placed in the gullies and that he would discuss this matter with Mr. Neff, engineer. It was noted that at the last meeting the applicant had been given permission to go ahead with three areas of work, but having considered the impact of the work at the dump site, the Commission now thought that other than stabilization of disturbed areas, nothing further should be done until the consultant's report is received. Ms. Purnell asked Ms. Paca if she still planned to consult with Ms. Sharpe, biologist. Ms. Paca said she did. It was noted a Notice of Violation had been issued as requested at the last meeting.
Jepson-Dore/144 East Shore Road/#IW-04-67/Renovate Cabin: It was noted the cabin had been torn down, but no excavation had begun. Ms. Purnell asked that hay bales be staked around the catch basin before work begins. The Commission will act on the application at the next meeting.
Adams/57 West Shore Road/#IW-04-68ATF/Site Improvements: Mr. Churchill, contractor, and Mr. Neff, engineer, were present. It was noted the 8/19/04 complete list of the proposed site work had been submitted. Mr. Churchill noted the following items would be applied for under separate applications: 1) dock, 2) driveway repair, and 3) drainage work. The map, "Proposed Site Improvement Plan," by Mr. Neff, dated 11/1/04 was reviewed. The drainage plans were discussed. Ms. Purnell asked that an infiltration system be implemented, but Mr. Neff said this would be difficult due to the ledge on the property. Mr. Picton noted it is the Commission's policy to minimize the concentration and acceleration of storm water and to trap sediment before it reaches the lake. Mr. Churchill thought the State might be persuaded to improve the drainage system along this section of West Shore Road. Mr. Picton asked if storm water could be retained on site and Ms. Purnell suggested a water garden system, but Mr. Neff said there were constraints due to the location of the septic system and ledge, but he agreed to study the matter. Mr. Ajello was asked to study the application and to write up appropriate conditions for the permit. Mr. Churchill noted the specs for the propane tank had been submitted as requested. The Commission will act at the next meeting.
Matthews/142 Upper Church Hill Road/#IW-04-70/First Cut and Driveway: Mr. Neff, engineer, and Mrs. Matthews were present. A revised map based on input from the site inspection, "Proposed Site Development Plan," by Mr. Neff, revised to 11/23/04, was submitted. The driveway entrance was moved to the right of way off Sunset Lane. Although this location would require a wetlands crossing, the driveway would be shorter, would not disturb as much regulated area, and would require less tree cutting. Mr. Neff noted most of the regulated area along the new route and the wetland soils at the crossing are not in a heavy flow area. There was a lengthy discussion concerning the size and type of the culvert(s) to be used for the crossing. The Commission recommended and the applicant agreed to install three 15" culverts set at least 6" below the existing grade at the middle of the crossing, to make a narrow driveway, approx. 10 feet wide, using geo textile fabric and as little shoulder fill as possible. One 4" and one 2" conduit were added to the proposal. Mr. Neff will submit redesigned plans for the crossing. Mr. Picton requested a cross section for the section of the driveway where there was no culvert as well as for the culvert portion. Mr. Neff noted silt fencing was indicated on the site plan and this was to be the limit of disturbance. Ms. Purnell stressed that the Commission would be approving a feasibility plan only and so there should be a condition of approval that if any changes to the permit are proposed, even if not within 100 feet of wetlands, they must be reviewed by the Commission to ensure there will be no impacts to the wetlands. It was noted the driveway proposal was for an unpaved driveway. The Commission thanked Mrs. Matthews for agreeing to the revised driveway route. They also considered whether to stipulate that the right of way shown from Upper Church Hill Road on the map could not be used for a driveway, but it was noted that was not part of this application and would have to be applied for separately if a future owner proposed to use it.
Ross/10 Sunny Ridge Road/#IW-04-69/Passway: Mr. Ajello reported no new information had been received. It was the consensus that it would be helpful if Mr. Ross would draw in the passway on the map submitted. It was also noted that although Mr. Ross would like the Notice of Violation removed from the Land Records, the current application had little to do with its release. The Commissioners had viewed eroded areas when conducting the last site inspection. Mr. Picton asked Mr. Ajello to instruct Mr. Ross to remediate these washout areas, to hand dig out any sediment that flowed into the wetlands from the washout areas, and to show the correct location of the passway on the map.
Enforcement
Fowler/138 Nichols Hill Road/#IW-04-V5/Excavation of Wetlands and Watercourse: There was a discussion regarding how Mr. Fowler should be instructed to remediate the damage done to the wetlands. The consensus was that the ditch should be filled in using as much as possible the earth material that had come out of it and that the wetlands vegetation should be restored. Mrs. Korzenko noted the house is located in wetlands and has major water problems and so thought input from Land Tech on proper remediation techniques would be useful. Mr. LaMuniere pointed out that there had been filling nearer to the house. It was agreed this area should be left alone and the natural vegetation allowed to regrow. Mr. Ajello was instructed to issue specific instructions and to ask for a planting plan for the wetlands restoration.
Pullaro/23 Calhoun Street/Pave Driveway: Mr. Ajello reported the side dressing would have to be repaired to enable sheet flow. He added no planting would be done until spring.
Ingrassia/East Shore Road/Reconstruct Barn: The concrete work is completed, but has not been backfilled yet. The silt fence is in good condition.
Gatto/155 Woodbury Road/#IW-04-01/Unauthorized Deck: Ms. Purnell had researched the record and file and read her 11/23/04 memo, which was the timeline for the application. It was noted again that: 1) the deck was not on the plans submitted with the application and that the owner said at the meeting that it would be removed and so it had not been discussed, 2) if it had been discussed, feasible and prudent alternatives would have been reviewed, and 3) Mr. Ajello ordered the Gattos to remove the deck, but they have not done so. It was the consensus that this was a significant issue and that enforcement should proceed.
MOTION: To request the Enforcement Officer send an Enforcement Order to Mr. and Mrs. Gatto/155 Woodbury Road and to schedule a show cause hearing at 6:45 p.m. on December 8, 2004 in the Land Use Meeting Room, Bryan Memorial Town Hall. By Mr. Picton, seconded by Ms. Coe, and passed 5-0.
Sasson/4 East Shore Road/Repair Stone Deck, Retaining Wall: At the last meeting it had been agreed that if an application was not submitted by the 11/23 meeting, an enforcement order would be issued. Mr. Ajello noted an application had not yet been submitted. The Commission asked Mr. Ajello to issue a Notice of Violation.
Carter/292 Walker Brook Road/#IW-04-V8/Repair of Retaining Wall: Mr. Ajello discussed this matter with Mr. Carter's attorney who said he would send in the citation fine. Mr. Picton requested an as-built and a report from Mr. Neff regarding how the original work should have been done, how the work actually done varied from the approved plans, and whether the retaining wall is now structurally sound.
Young/113 Litchfield Turnpike/Excavation: Mr. Ajello circulated photos of drainage work done without a permit. Mr. Ajello will send a Notice of Violation and prepare recommendations for the Commission to consider at the next meeting.
Bailey/93 Old Litchfield Road/#IW-04-V7/Destruction of Wetlands by "Quads": Mr. Ajello reported there was no recent activity, but some lagoons remain. He noted there were trees being cut on the other side of the wetlands and so he will reinspect the property.
Beck/132 Calhoun Street/#IW-02-V1/Cutting, Clearing in Wetlands: Mr. Ajello noted Mr. Beck had reopened the driveway.
Greenfield/12 Ives Road/Clearing In or Near Wetlands: The Commission is still waiting for the submission of an application.
Meeker/269 New Milford Turnpike/Parking Area: An application will be ready for the next meeting.
Matthews/89 Lower Church Hill Road/Site Development: It must be determined whether there are any wetlands issues, and if there are none, this item will be taken off the agenda. Ms. Purnell noted a site inspection had been conducted and thought a Special Meeting notice should have been filed with the Town Clerk. It was noted, however, that there had been no quorum of any Town commission invited or in attendance and so legally a meeting had not been held and a notice was not required. Ms. Purnell said the Commission must guard against any appearance of impropriety.
Other Business
2005 Calendar: After a brief discussion it was decided to eliminate the first meeting in July and to hold the second meeting in November on the fifth Wednesday, November 30.
MOTION: To approve the 2005 Calendar as amended. By Mr. Picton, seconded by Mrs. Hill, and passed 5-0.
It was noted there would be a seminar on aquifer protection on 11/29 in Goshen.
Mr. LaMuniere's 9/20/04 memo on site inspection procedure was circulated. The importance of keeping together on site inspections so that all notable points could be gathered for inclusion in the minutes and writing the minutes promptly so they would be filed on time with the Town Clerk was stressed.
MOTION: To adjourn the meeting. By Mr. Picton.
Mr. Picton adjourned the meeting at 10:10 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
November 10, 2004
MEMBERS PRESENT: Mrs. D. Hill, Mr. LaMuniere, Mr. Picton, Ms. Purnell
ALTERNATE ABSENT: Mrs. Gray
ALTERNATES PRESENT: Mr. Bedini, Ms. Coe, Mrs. Korzenko
STAFF PRESENT: Mr. Ajello, Mrs. J. Hill
ALSO PRESENT: Dr. Gorra, Mr. Towne, Mr. Churchill, Mr. and Mrs. Klein, Mr. McNaughton, Ms. Paca, Mr. Neff, Mr. J. Fiorilla, Mr. M. Fiorilla, PressRegular Meeting
Mr. Picton called the meeting to order at 7:00 p.m. and seated Members Hill, LaMuniere, and Picton, and Alternates Coe and Korzenko for Mrs. Gray and Ms. Purnell.
MOTION: To add subsequent business not already posted on the agenda: 1) Matthews/142 Upper Church Hill Road/#IW-04-70/Lot Division and Construct Driveway 2) Approval of 2005 Calendar, 3) The Gunnery School/South Street/#IW-00-63/Construct Driveway/ Request for Renewal of Permit. By Mrs. Hill, seconded by Mr. Picton, and passed 5-0.
Consideration of the Minutes
The following corrections were made to the 10/27/04 Regular Meeting minutes:
Page 5: 5th condition in the Ross motion of approval: Mr. Picton asked that it be added that the purpose of this condition was to maintain the area as a semi natural buffer.
Page 8: Holly Hill Farm, 5th line from the bottom: Add: in the already disturbed, so the sentence reads, "...interplant in the already disturbed test spot...."
Page 10: Wortzman, 3rd line: Add own so sentence is, "...deteriorate on its own..."
Page 10: Site Inspection Procedures: There was disagreement about whether this paragraph was clear. The minutes will remain as written, but before the next meeting Mr. LaMuniere will recirculate his memo to Mr. Picton on this matter.
MOTION: To accept the 10/27/04 Regular Meeting minutes as amended. By Mrs. Hill, seconded by Mrs. Korzenko, and passed 5-0.
MOTION: To accept the 10/19/04 Holly Hill Farm Site Inspection minutes as written. By Mrs. Hill, seconded by Mr. Picton, and passed 4-0-1. Mrs. Korzenko abstained because she had not attended the inspection.
The Stiteler-Giddins 11/1/04 site inspection minutes were accepted as corrected. At the end of the first line, "an existing pathway" was added. Also, the time of adjournment, 5:00 p.m., was added.
MOTION: To accept the 11/1/04 Stitler-Giddins Site Inspection minutes as corrected. By Mrs. Hill, seconded by Mrs. Korzenko, and passed 5-0.
Ms. Purnell arrived at 7:14 p.m. and was seated for Mrs. Korzenko.
The Kelsey 11/8/04 site inspection minutes were accepted as corrected. Mr. Ajello's name was corrected, the applicant's name and site inspection date were added, and the time of adjournment, 10:15 a.m., was added.
MOTION: To accept the 11/8/04 Kelsey Site Inspection minutes as corrected. By Mrs. Korzenko, seconded by Mr. Picton, and passed 5-0.
Pending Applications
Gorra/278 New Milford Turnpike/#IW-04-56ATF/Septic Repair and Stream Remediation: Ms. Purnell recused herself and Mrs. Korzenko was seated. Mrs. D. Hill said she would abstain because she had not inspected the site. Mr. Gorra submitted a planting plan, untitled, dated 10/23/04, which he said was done by Aspetuck Gardens after a review of the minutes. It was noted the site inspection minutes called for plantings on both the north and south banks to provide a natural buffer. This was added to the plan and initialed. Mr. Picton noted there was no rip rap proposed at the culvert outlet. Dr. Gorra also added this to the plan. Dr. Gorra asked if he had to apply for a permit each time he cleans out silt. The Commissioners agreed if it was removed by hand during low water conditions, a permit would not be required. The check dams were discussed and it was noted they were correctly shown on the site plan. It was noted the planting would be done next spring and the rip rap put in place now.
MOTION: To approve application #IW-04-56ATF submitted by Dr. Gorra for septic repair and stream remediation at 278 New Milford Turnpike per the map, "Untitled," dated Saturday, October 23, 2004 subject to the following conditions:
1) all unstable or vertical banks of exposed soil on both sides of the stream shall be planted with durable perennials from the plant list,
2) rock armoring shall be placed on the stream bank below the culvert,
3) plantings shall be added on the south side of the stream as drawn in at the 11/10/04 meeting, and
4) the check dams are to direct the flow towards the center of the stream.
By Mr. Picton, seconded by Mrs. Korzenko, and passed 4-0-1. Mrs. Hill abstained because she had not inspected the property.
Ms. Purnell was reseated.
H.O.R.S.E. of Ct./43 Wilbur Road/#IW-04-57E/Sheds and Fence: Mr. Ajello reported he had sent the applicant a letter as directed, but had not yet had a response. It was the consensus an accurate map should be submitted before a site inspection is scheduled. Mr. Ajello will call the applicant with this request.
Thorne/228 West Shore Road/#IW-04-58ATF/Well, Water Line, Septic System: Mr. Towne, contractor, presented a revised site plan showing the scope of the work, measurements, location of the septic system, and erosion controls. Mr. Ajello noted the limit of disturbance was the silt fence. Mr. Towne's 11/1/04 letter was reviewed. He added a statement that the duration of the work would be 5 days.
MOTION: To approve application #IW-04-58ATF submitted by Mr. Thorne to install a well, septic system, and water line at 228 West Shore Road per the construction sequence and revised plans submitted at the 11/10/04 meeting. By Ms. Purnell, seconded by Mrs. Hill, and passed 5-0.
Kelsey/39 West Morris Road/#IW-04-62/Install Driveway Culvert: Mr. Neff, engineer, was present. Mr. LaMuniere asked if a 36" flat bottomed culvert could be installed rather than the proposed 24" culvert. Mr. Neff explained the plans, which called for flared inlet and outlet sections of the culvert and said an arch culvert with a flatter bottom would be possible. Mr. Picton noted the objective of the arch culvert was to have a wider streambed of natural material and unrestricted flow and that the flow should continue in the same direction as it currently flows. Mr. Neff stated the application was for the installation of the culvert and conduits only and not for construction of the driveway. Mr. Picton asked if there were feasible and prudent alternatives. It was the consensus the proposed location for the crossing was the most appropriate from a wetlands point of view and that it would be difficult to move the driveway further from the wetlands due to the steep slopes in the area. It was also noted moving the drive would require that more trees be cut. Ms. Purnell thought the application could be approved as the proposed crossing was the best plan and the potential for both short term and long term impact would be minimal if the erosion control measures were implemented as proposed.
MOTION: To approve application #IW-04-62 submitted by Mr. Kelsey to install a driveway culvert at 39 West Morris Road per the map, "Driveway Crossing Plan," By Mr. Neff, dated 10/4/04 subject to the following conditions:
1) approval is for the culvert only, not the entire driveway,
2) the round culvert proposed shall be replaced with an arch culvert, minimum size 24" X 36", placed in line with the original stream bed and set approximately 6" below the stream bed level to allow natural material to accumulate, and
3) the actual driveway and house sites require Inland Wetlands Commission approval prior to construction.
By Mr. Picton, seconded by Mr. LaMuniere, and passed 5-0.
Stiteler-Giddins/198 Tinker Hill Road and West Shore Road/#IW-04-64/ Resubdivision: Mr. Neff, engineer, said he had asked Mr. Temple, soil scientist, to reexamine the area of a potential watercourse and that this would be done as soon as possible. A sketch map with the location of test holes and auger holes indicated was requested. Mrs. D. Hill also requested a supplemental report from Mr. Temple. Mr. Picton requested the USDA soils map be submitted. It was noted the Commission will wait for Mr. Temple's report before deciding whether to hire its own soil scientist. Ms. Purnell asked for an analysis of feasible and prudent alternatives. Mr. and Mrs. Klein, abutting property owners, were present.
Holly Hill Farm, LLC./87 Whittlesey Road/#IW-04-65/Restoration and Reforestation: Mr. Neff, engineer, and Ms. Paca, landscape architect, were present. Copies of Ms. Paca's 11/5/04 letter were circulated and the maps, "Holly Farms," by Ms. Paca, dated 10/1/04, scale 1"=20' and "Site Plan," unsigned, dated December 2003 were reviewed. The Commissioners instructed Ms. Paca to toe in the bottom of the silt fence on site, which they had observed was improperly installed. Ms. Paca's letter was discussed point by point and the following provisional agreements made: 1) Placing rocks in the gullies to prevent further erosion: This would be OK only in the gullies labeled A, B, and C on the site plan. The rocks were to be no larger than the size one man could handle and after deposition the existing defined channel should remain. No machines may operate below the silt fence at the top of the steeper slope and there may be no excavation, digging, filling, regrading, nor exposure of the soil. 2) Converting the lawn to a wildflower meadow: First, silt fence must be installed along the entire length of the work area. As it is too late in the season to begin work this year, the planting may begin in May or June of 2005. The work will be done in strips approx. 30 feet wide and several hundred feet long, beginning at the highest elevation (approx. 670) so that the undisturbed ground and vegetation immediately below will continue to function as a silt trap and buffer as the new plantings are establishing themselves. The first strip will be allowed to fill in with continuous cover before work on the second strip is started. It is understood the growing in of each planting strip may take longer than one month. 3) Allowing unstable boulders in the dump to roll down into river: Boulders may not be rolled into the river, flood plain, flood channel, or into any intermittent stream. 12 to 15 boulders may be permitted to roll down to the toe of the slope if they are unstable where they lie. Old concrete may be left where it is. 4) Planting woody shrubs below the meadow section: The Town's consultant will review this proposal. No work is to be done at this time. 5) Reestablishing the American under story in a pilot area: The Town's consultant will review this proposal. No work is to be done at this time. 6) Remove the dump by hand: Only heavy wooden debris and foreign material may be removed by hand. All other organic material will be left in place as mulch. No soil is to be exposed. Materials removed will be taken to a neighbor's field, where the woody material will be burned. 7) Replant the area where the Japanese knotweed was removed. The Town's consultant will review this proposal. No work is to be done at this time. Mr. Picton read his 10/27/04 memo. It was the consensus that the clearing and disturbance of soil to date has the potential to compromise the forest community, wetlands, and the long term stability of the slopes. The work proposed in the floodplain, on the steep slopes of the riverbank, and in the areas close to the top of the steep bank where the runoff develops into channels has significant potential to further impact these values. Furthermore, it was the consensus that pending a review by a Wetlands Commission consultant, all cutting of vegetation, disturbance of the soil and its cover of organic material, and planting of any material should be discontinued and the under story left to regenerate in all areas from the river to a line 50 feet above the top of the steeper slopes and in and within 30 feet of all watercourses and wetlands. Enforcement was discussed. Mr. Picton noted the Commission had decided at the last meeting to issue a Notice of Violation and a citation, but that this had not yet been done. It was the consensus the Commission should act in a consistent manner and should send out the NOV and citation immediately.
Wallis/32 Sunny Ridge Road/#IW-04-66/Reconstruct Barn and Generator: The application had been discussed at the last meeting and there had been no concerns or questions raised. The proposal was straightforward, the barn would be reconstructed on the existing footprint, and efforts would be made to stay away from the pond. There was no potential impact to the wetlands.
MOTION: To approve application #IW-04-66 submitted by Mr. Wallis to reconstruct a barn and generator at 32 Sunny Ridge Road per the sketch map submitted, scale 1" = 50'. By Mrs. Hill, seconded by Mr. Picton, and passed 5-0.
New Applications
Jepson-Dore/144 East Shore Road/#IW-04-67/Renovate Cabin: Mike and Joe Fiorilla of Kehoe Construction were present. Mr. Ajello had inspected the site and found the cabin was more than 100 ft. from Lake Waramaug, but that there were steep slopes involved. He said protecting the catch basin at the start of the driveway would be critical. The map, "Property of John K. Smart," by Mr. Osborne, dated 12/21/62 was reviewed. The cabin roof would be raised and all work done within the existing footprint. Any disturbed material would be temporarily stockpiled around the perimeter of the foundation. Mr. Ajello did not think any silt would reach the catch basin if the digging was done by hand. The locations of the silt fence and utility trench were added to the map. The Commissioners will inspect the property on their own prior to the next meeting. It was noted action could not be taken at the next meeting, which was being held early due to the holiday. As there would be minimal chance of impact to the lake, Mr. Picton advised the applicants they could begin demolition work if the silt fence was installed first and there was no other soil disturbance.
Adams/57 West Shore Road/#IW-04-68ATF/Site Improvements: Mr. Churchill, contractor, and Mr. Neff, engineer, represented the owners. The map, "Proposed Site Improvement Plan," by Mr. Neff, dated 11/1/04 was reviewed. Mr. Churchill apologized for the trench dug without a permit. He summarized the proposed work. 1) Installation of fence and gate. 2) Installation of patio and retaining wall on the west side of the house: The proposed patio was flagstone on a permeable surface. The Commission asked for an additional description and the percentage of permeable surface. 3) Well improvements: This work would be beyond the 100 ft. regulated area. The existing 6'X6'X6' cold water storage tank/well room would be eliminated and the water line rerouted to the mechanicals in the basement. It was noted machinery would be used, but that the house was between the lake and the work area. 4) Installation of air conditioning condensers next to the garage: A small part of the hillside will be excavated and a retaining wall built. Mr. Picton asked for silt fence, but Mr. Neff stated the work area is so small it would be difficult to work with silt fencing in place. Mr. Ajello will inspect the site to determine whether erosion controls are necessary here. 5) Installation of propane tank: Mr. Churchill will provide specs. It was noted plans should eliminate the potential for leaks by use of double wall construction, geotextile fabric lining, etc. 6) Installation of power to the dock for recreational purposes and to operate a bubbler in the lake: It was noted the Lake Waramaug Task Force was going to conduct a study concerning the ecological impacts of bubblers. The proposed conduit would be in concrete near the waterline. 7) Extension of dock: A U shaped dock is proposed. Mr. Picton asked for design specs. Mrs. Korzenko advised Mr. Churchill to study the revised Zoning Regulations concerning docks. Mr. Churchill said, in addition, the driveway must be regraded and drainage installed. Mr. Picton asked that a narrative of all the proposed work be submitted prior to the next meeting so there will be time to review it beforehand.
Matthews/142 Upper Church Hill Road/#IW-04-70/First Cut, Construct Driveway: The application was submitted on 11/9/04. Mr. Neff, engineer, and Mr. and Mrs. Matthews were present. The map, "Proposed Site Development Plan," by Mr. Neff, dated 11/5/04 was reviewed. It is proposed to divide the 55.87 acre parcel into two lots with a lengthy driveway within the regulated area to the interior lot. Ms. Purnell asked for the percentage of wetlands on each of the proposed lots. Mr. Neff noted a shorter alternative driveway route from Sunset Lane, had been considered, but would have required a wetlands crossing. A site inspection was scheduled for Wednesday, November 17, 2004 at 3:30 p.m.
Other Business
Washington Montessori School/240 Litchfield Turnpike/Progress Report: Mr. McNaughton submitted a cover letter dated 11/10/04 and progress report, which included a turf management plan and water test results. The letter stated how the school had complied or was in the process of complying with the conditions of its permit. He asked for guidance on how to clean the eastern vernal pool because due to its difficult access and the type of plant material in it, it was not possible to remove the silt using the method originally approved by the Commission. He circulated photos to show the condition of this pool. It was the consensus the pool could be cleaned by machine and by hand, that it was OK to remove the saplings growing in the middle, but some vegetation should be left around the perimeter. Mr. McNaughton noted all 33 catch basins had been pumped out in October. He proposed to plant around the vernal pool and plunge pool area and to specify an area not to be mowed in the future. He advised the Commission he would request the release of the school's bond upon the completion of the cleaning of the remaining vernal pool.
New Application
Ross/10 Sunny Ridge Road/#IW-04-69/Clear Trees, Deposit Stones in Roadway: Mr. Picton asked if the actual driveway location had been drawn on the map. Mr. Ajello noted the driveway was not being applied for; only the after-the-fact work in the "pass through." The Commission was not sure what was meant by the "pass through." Mr. LaMuniere questioned why a map had not been submitted. A site inspection was scheduled for Wednesday, November 17, 2004 at 3:00 p.m.
Enforcement
Arciola/9 Dark Entry Road: Mr. Ajello reported the property had been mulched except for the swale, which has a very gentle grade. Mr. Picton recommended that except for areas under water, all disturbed areas be mulched and vegetated.
Brodie/Bee Brook Road.#IW-02-06: It was noted the equipment used to construct the bridge had forded the stream.
Fowler/138 Nichols Hill Road/#IW-04-05: Mr. Ajello reported there has been no activity since he last inspected the property on 9/29. The citation fine was paid. Mr. Ajello will write another follow-up letter regarding what specific work must be done to correct the violation.
Gatto/155 Woodbury Road/#IW-04-01: A deck has been added to the rear of the dwelling, but this was not included in permit #IW-04-01. It was noted Mr. Ajello had sent Mr. and Mrs. Gatto a Notice of Violation on 11/3/04 and had received a letter dated 11/10/04 in response. Ms. Purnell did not think the Commission would have approved the construction of a deck cantilevered over the brook because there would have been feasible and prudent alternatives. Mr. Ajello noted the plans approved by the ZBA to raise the roof of the dwelling had not included the deck, either. Ms. Purnell will review the file for the reasons cited for the record why the deck was not included in the approval. It was thought the Commission should act in a consistent manner and not respond to any threat of a lawsuit. The course of action to be taken will be discussed at the next meeting.
Guttierez/13 Dark Entry Road: Mr. Ajello reported the replacement of a wall or a fence to its original specs does not require a zoning permit. A conduit had been installed at the front of the property, but did not appear to affect the wetlands.
Kilbrith/Tinker Hill Road: It was noted Mr. Kilbrith had installed a pressure treated dock, which did not conform to the revised Zoning Regulations for the Lake Waramaug Residential District.
Leddy/82 Baldwin Hill Road: Mr. Ajello was asked to inspect the property to make sure the silt fence had been properly installed.
Matthews/89 Lower Church Hill Road: Mr. Ajello reported the property owner wants to blast Judson rock for his foundation, but various people in Town are working to determine whether the rock has any historical or archeological significance.
O'Toole/46 Kielwasser Road: Mr. O'Toole wants to add a dormer that was not included in any of his initial permits. He has been advised to apply for a variance due to the building's proximity to the stream.
Pullaro/23 Calhoun Street: Mr. LaMuniere pointed out that runoff now flows down the paved driveway to Canoe Brook. Mr. Ajello said a finish card has not yet been submitted and that more filling and edge work will be done.
Mr. Bedini left the meeting at this point.
Beck/132 Calhoun Street/#IW-02-V1: Mr. Ajello reported the invasives had been sprayed, but the Notice of Violation would remain on the Land Records.
Sasson/4 East Shore Road: A new application with supplemental information is expected. Mr. Ajello will write to the owner to advise him that unless the application is submitted by the next meeting, an enforcement order will be issued to remove the platform from the lake, pulling it back to the point where a wall is shown on an older survey map as the previous extent of the structure.
Other Business
Beck/129 Calhoun Street/#IW-04-06/Request to Revise Permit: A modified site plan dated 10/13/04 was submitted. It was noted the proposed lot lines were the same, but the density calculations had been revised and the conservation easement area extended to include most of the hay field. It was the consensus to accept the modified site plan.
Consideration of 2005 Calendar: The usual calendar with two meetings per month, except for August and December with only one meeting
each, was discussed. Mrs. Hill suggested the first meeting in July be deleted so that July would only have one meeting as well. This will be discussed at the next meeting.
The Gunnery School/South Street/#IW-00-63/Request to Extend Permit: It was noted in February 2004 the Gunnery had been told it was premature to file for an extension because the permit would not expire until the latter part of 2005. The Gunnery has now asked again informally for an extension. It was noted that although Wetlands had approved the driveway, Zoning had denied it. It was also noted The Gunnery was anxious to have an extension or it would have to begin working on development plans. Ms. Purnell stated the driveway had been approved for a specific use. After a review of Section 11.9 of the Regulations, it was the consensus the permit would most likely be renewed unless there was a significant change, but that it would be renewed for only two years from the date of request.
MOTION: To adjourn the meeting. By Mr. LaMuniere.
Mr. Picton adjourned the meeting at 11:29 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
By Janet M. Hill, Land Use Coordinator
October 27, 2004
MEMBERS PRESENT: Mrs. D. Hill, Mr. LaMuniere, Mr. Picton, Ms. Purnell
MEMBER ABSENT: Mrs. Gray
ALTERNATES PRESENT: Mr. Bedini, Ms. Coe
ALTERNATE ABSENT: Mrs. Korzenko
STAFF PRESENT: Mr. Ajello, Mrs. J. Hill, Mr. Solley, Ms. Paca,
ALSO PRESENT: Mr. Lecher, Mr. Neff, Mr. Sherr, Mr. Charles, Mr. Wallis, Mr. J. Ross, Mrs. Payne, Press, Mr. W. RossMr. Picton called the meeting to order at 7:04 p.m. and seated Members Hill, LaMuniere, Picton, and Purnell and Alternate Bedini for Mrs. Gray.
Consideration of the Minutes
The 9/30/04 Citation Hearing Minutes were accepted as corrected. Mrs. Hill inserted the following sentence in the 7th line on page 2: It was noted by those present, including Atty. Kelly, that the Show Cause Hearing referred to was part of an Enforcement Order procedure and therefore an issue separate from the Citation.
MOTION: To accept the 9/30/04 Citation Hearing minutes as corrected. By Mrs. Hill, seconded by Mr. Bedini, and passed 3-0-2. Mr. LaMuniere and Ms. Purnell abstained because they had not attended the Hearing.
The 10/13/04 Regular Meeting minutes were accepted as corrected.
1) Page 5: Ms. Purnell was actually reseated after the discussion of H.O.R.S.E.
2) Page 4 under Carron, 1st sentence: Change presiding "officer" to presiding "Member."
3) Page 6 under Hildemann: The size of the paddocks was 112' X 16' (not 15').
4) Page 7 under Holly Hill Farm: Mr. LaMuniere said a wildflower meadow, not a wet meadow, would be created, but Mrs. Hill said it had, indeed, been called a wet meadow.
5) Page 7 under Holly Hill Farm: The permit number, #IW-04-65, was added.
6) Page 8: The time of adjournment, 9:45 p.m., was added.
MOTION: To accept the 10/13/04 Regular Meeting minutes as corrected. By Mrs. Hill, seconded by Ms. Purnell, and passed 5-0.
MOTION: To accept the 10/19/04 Ross Site Inspection minutes as written. By Mr. LaMuniere, seconded by Mrs. Hill, and passed 5-0.
The 10/19/04 Steep Rock Assn. Site Inspection minutes were accepted as corrected. Added to the end was that the Members left the property at 4:40 p.m.
MOTION: To accept the 10/19/04 Steep Rock Assn. Site Inspection minutes as corrected. By Ms. Purnell, seconded by Mr. Picton, and passed 5-0.
It was noted the minutes for the Holly Hill Farm site inspection had just been submitted and so they would be considered at the next meeting.
Pending Applications
Pickett, Johnson, Gillette, Skorski/4 New Preston Hill Road and 19, 23, 25 East Shore Road/#IW-04-50/Dredge Pond, Install Dry Hydrant: Mr. Solley, Selectman, submitted the 10/27/04 memo noting repair of the dam had been deleted from the application and providing some of the construction details requested at the last meeting. Mr. Solley said the exact location of the basin, which would be determined based on the depth of the silt and the location of ledge and the amount of material to be excavated would not be known until the excavation was underway. At this time he knew only that the basin would be installed on a firm bottom. He noted the Fire Dept. currently has no water source for the Village of New Preston and so was anxious to install the hydrant this fall. Construction details were discussed. These included: 1) water flow through the work site would be reduced by use of the gate at the Lake Waramaug outlet, 2) the entire pond would not be dredged, only the area immediately surrounding the hydrant, approximately 30 ft. in diameter, 3) estimated duration of excavation was 2-6 hours, 4) installation of a 6" pump to pump the flow around the work site was not feasible, and 5) the hydrant would be set on crushed stone. Mr. Picton was concerned about the turbulence and sedimentation, which would be caused by the proposed dredging, said all possible sedimentation control measures must be utilized, and noted the proposed work was necessary for public safety. There was a lengthy discussion about conditions of approval to define the scope of the work.
MOTION: To approve application #IW-04-50 submitted by property owners Pickett, Johnson, Gillette, and Skorski to dredge the pond and install a dry hydrant at 4 New Preston Hill Road and 19, 23, and 25 East Shore Road per the plans, "Dry Hydrant Installation," dated 10/27/04 and "Dry Hydrant, New Preston," received 9/13/04 because this is a public safety issue and subject to the following conditions:
1 there shall be no excavation of original soil in or around the pond except as needed for the settling basin and pipe,
2 the excavation for and around the basin shall be no wider than approx. 30 ft. in diameter,
3 the water flow will be controlled by use of the gate at the outflow of the lake to reduce the flow during construction,
4 all measures to reduce turbulence and sedimentation will be implemented,
5 the excavation shall be completed within 6 hours,
6 if the scope of the work expands beyond these specified limitations, the WEO must be consulted,
7 the basin shall be anchored in place as needed with heavy rock,
8 the work is to be completed before the end of November 2004, and
9 the work shall be completed under the supervision of the WEO.
By Mrs. Hill, seconded by Mr. Bedini, and passed 5-0.
Lake Waramaug Country Club/19 Golf Links Road/#IW-04-49/Golf Course Drainage Improvements: Mr. Lecher submitted the revised map, "Golf Course Drainage Improvement Plan," by Mr. Neff, revised to 10/26/04, which addressed the concerns raised at the last meeting. Revisions to the drainage system to reduce the scope and define limitations, addition of a planting plan, and addition of a Phase I - Phase II work sequence were noted. Mr. Lecher explained the completed work would be evaluated after the wet season to determine whether the pipe installed was adequate. Mr. LaMuniere was concerned that installation of the drainage channel to the edge of the wetlands could increase drainage from the meadow. Mr. Picton suggested it begin at ground level near the wetlands and continue at a 10:1 slope toward the basin. Mr. Lecher agreed to do so. The planting plan was reviewed. Invasive yellow flag irises were removed and cardinal flowers added and the change initialed on the plans. Mr. Neff noted the filter basin had been enlarged to 30' X 70' and would act to remove the nutrients from the drainage. Mr. Lecher said he hoped to complete the project during the winter. Mr. Picton said he was not concerned about erosion due to the gradual slope of the land.
MOTION: To approve application #IW-04-49 submitted by the Lake Waramaug Country Club for golf course drainage improvements at 19 Golf Links Road per the plan, "Golf Course Drainage Improvement Plan," by Mr. Neff, revised to 10/26/04 with handwritten notes made at the 10/27/04 meeting and subject to the following conditions:
1 the inlet of the swale shall be installed at the existing grade at the wetlands end and then drop down at a slope of 1:10 as it extends towards the filter basin,
2 the trenches on the south side are to be evaluated 12 months after installation,
3 the duration of construction shall be 4 to 6 weeks, and
4 the basin shall be dug first and connected to the swale to act as a filtration basin during construction.
By Ms. Purnell, seconded by Mr. LaMuniere, and passed 5-0.
Mr. Picton noted the golf course and its drainage system were existing conditions that predated the Inland Wetlands Regulations and that providing for drainage of the golf course was different than allowing homeowners to drain land to install lawns.
Gorra/278 New Milford Turnpike/#IW-04-56ATF/Septic Repair and Stream Remediation: Mr. Ajello reported Dr. Gorra would attend the next meeting. It was noted there are two more meetings before the time to act on the application expires.
H.O.R.S.E./43 Wilbur Road/#IW-04-57E/Construct Paddocks, Fence : Mr. Ajello had written Ms. Wahlers a letter to inform her of the additional information required, but had not yet received a response. Mr. Ajello circulated the DEP definition of agriculture. Discussion of the application was tabled to the next meeting.
Thorne/228 West Shore Road/#IW-04-58ATF/Install Well, Water Line, and Septic System: Mr. Picton noted at the last meeting the Commission had asked that silt fencing be shown on the map and that a line to mark the limit of disturbance had also been requested. These were still missing, as was the location of the water line. Mr. Ajello will write a letter to remind Mr. Towne, contractor, of the additional information required. Further discussion was tabled until this information is added to the map.
Ross/24 Wilbur Road/#IW-04-59/Commercial Building, Parking, Detention Basin: Mr. Ross was present. The map, "Septic Plan," by Altermatt Engineering, LLC., revised to 10/26/04 was reviewed. Mr. Ross submitted a sketch of the existing knotweed in the neighborhood and a lengthy discussion ensued about the most effective way to remove it. Ms. Purnell thought it was important to eliminate it from the site so it would not spread to Meeker Swamp, but Mr. Ross said this was beyond his control as it already exists along Wilbur Road and in the swamp. He assured the Commission he would not take any disturbed material off site to prevent it from being spread to another property in that way. Mr. Ross said he had revised the site plan by moving the driveway and detention basin so that less fill would be required near the existing white pines and a buffer could be maintained between the parking area and the adjoining property. The drainage plans and planting plans were discussed. Regarding the proposed use of the commercial building, Mr. Ross said there would be no businesses using hazardous materials and no outside storage of fuels. He thought there might be a small food store in half and books or antiques on the other side. He noted the plans had been revised to enlarge the septic system to accommodate the possible market use. Mr. Picton asked if the parking lot could be narrowed to avoid excavation and filling up to the edge of the wetlands. Mr. Ross explained the Zoning Regulations specify the amount of parking required and also that there be a 50 ft. buffer between commercial parking and adjoining residential lots. It was noted the revised plans addressed most of the issues raised at the site inspection and the previous meeting.
MOTION: To approve application #IW-04-59 submitted by Mr. Ross for a commercial building, driveway, parking area, and detention basin at 24 Wilbur Road per the plan, "Septic Plan," by Altermatt Engineering, LLC., revised to 10/26/04 subject to the following conditions:
1) no topsoil material is to be trucked off site,
2) the knotweed is to be pulled out or cut, then dried and burned and after construction is to be managed by cut stem application of an herbicide,
3) there shall be no outside storage of fuels or hazardous materials,
4) the limit of disturbance is the silt fence shown on the plan, and
5) the berm and the area within 20 feet of the wetlands shall be mowed only once a year.
By Mr. Picton, seconded by Mrs. Hill, and passed 5-0.
Steep Rock Assoc./124 Christian Street/#IW-04-60/Construct Parking Area and Accessway: It was noted a site inspection had been conducted, the application was straightforward, and there was only minor activity proposed in the upland review area.
MOTION: To approve application #IW-04-60 submitted by Steep Rock Assn. to construct an accessway and parking area at 124 Christian Street per the plan, "Driveway and Parking Plan," by Mr. Neff, dated 9/28/04. By Mrs. Hill, seconded by Ms. Purnell, and passed 5-0.
Parent/71 Calhoun Hill Road/#IW-04-61/Reconstruct Bridge, Restore Disturbed Area: Mr. Neff, engineer, represented the applicant. The map, "Proposed Site Improvement Plan," by Mr. Neff, dated 10/5/04 was reviewed. Mr. Neff explained the driveway, which had extended into the regulated area, would be abandoned and that boulders would be deposited at the corners of the existing headwalls at the bridge to prevent further erosion. He explained how these would be put into place. Having inspected the site, Mr. Ajello and Mrs. Hill said there was a problem with water running down the driveway and "oozing" into the stream. Mr. Picton asked that "leak-offs" be added every 150 feet along the drive and Mr. Neff so amended the map. Mr. Picton also asked that a note be added to the map that water will be directed away from the driveway. The Commissioners were concerned the property owner might clear down to the streambank, noting the importance of maintaining the canopy over any stream. Mr. Neff said there were no plans to do so, and pointed out the area already cleared for the house.
MOTION: To approve application #IW-04-61 submitted by Mr. Parent to reconstruct the bridge and restore the disturbed area at 71 Calhoun Hill Road per the plan, "Proposed Site Improvement Plan," by Mr. Neff, dated 10/5/04 as amended at the 10/27/04 meeting and subject to the stipulation that any cutting of vegetation within 100 ft. of any wetlands or watercourse is a regulated activity requiring the issuance of a permit before the work is done. By Mr. Picton, seconded by Mrs. Hill, and passed 5-0.
Kelsey/39 West Morris Road/#IW-04-62/Install Driveway Culvert: Mr. Neff, engineer, stated the Commission had previously approved a lot line revision and it had been noted at that time a driveway culvert would be needed. The current application is for the culvert only and not for any driveway improvements or construction of the house. The lot is for sale, and the sellers want to access the potential house site. The map, "Driveway Wetland Crossing Plan," by Mr. Neff, dated 10/4/04 was reviewed. Mr. Neff noted the watercourse is intermittent, is dry part of the year, and would not require a larger, flatter culvert. Mr. Picton asked why the driveway could not be installed where there are no wetlands. Mr. Neff responded the alternate route is much steeper and would disturb an area not already disturbed. Mr. Picton asked Mr. Ajello to inspect the site and advise the Commission as to whether there was a more appropriate location for the driveway. It was noted the conduit for underground utilities was also included in the application because there would be less disturbance to the wetlands if it was installed at the same time as the culvert.
Mayfair Properties/116 Woodbury Road/#IW-04-63/Renovate Barn: The map, "Barn Renovation Erosion Control Plan," by Mr. Neff, dated 10/11/04 was studied. Mr. Picton noted the barn was being renovated for the purpose of treating and storing the domestic water supply for the upper buildings. He noted, too, that the silt fence shown on the map was the limit of disturbance. Ms. Purnell asked if the entrance could be switched to the opposite side of the building. Mr. Neff said it could not because it is a two level structure with a walk out on the lower level. Mr. Neff pointed out the location of the proposed water lines and of the trenching that would be required within the regulated area. He stated the soil removed for the foundation work would be used as backfill.
MOTION: To approve application #IW-04-63 submitted by Mayfair Properties to restore the barn at 116 Woodbury Road per the plan, "Barn Renovation Erosion Control Plan," by Mr. Neff, dated 10/11/04 subject to the following conditions:
1) the equipment used to lift the barn shall remain on already compacted areas and
2) except for the installation of the water and utility lines, the excavation may be done only within 10 ft. of the existing barn.
By Mr. LaMuniere, seconded by Mrs. Hill, and passed 5-0.
Stiteler-Giddins/198 Tinker Hill Road and West Shore Road/#IW-04-54/Resubdivision: Mr. Ajello noted he had not yet reviewed this application. The applicants proposed to divide the 72+ acre parcel into a large lot with the existing dwelling and a 12.78 acre lot with frontage on West Shore Road. Mr. Neff said the applicants want another dwelling unit on the property, but already have a detached apartment, and so are proposing the resubdivision. The application includes the construction of the new dwelling. He noted there are wetlands and watercourses located throughout the property. Ms. Purnell asked that a detailed analysis of feasible and prudent alternatives be submitted. She pointed out that the proposed dwelling was being squeezed into an area in close proximity to Ash Swamp and Lake Waramaug, which was unfortunate because there were many more suitable locations in what now are conservation easement areas. A site inspection was scheduled for Monday, November 1, 2004 at 4:00 p.m.
Holly Hill Farm,LLC./87 Whittlesey Road/#IW-04-65/Restoration and Reforestation: Ms. Paca, landscape architect was present. It was noted the complementary report by Mr. LaMuniere, dated 10/25/04, the 10/27/04 memo from Mr. Picton, the 10/19/04 Site Inspection Minutes by Ms. Purnell, and a list entitled, Banned Invasives" were included in the file. Ms. Purnell's minutes were read aloud. Mr. Picton said the plans for extensive removal and replanting of vegetation could be considered in four general categories; 1) conversion of the lower third of the lawn to a wildflower meadow, 2) renovation of the young forest and brushy areas above the steep slope, 3) thinning of the existing forest and addition of trees and shrubs on the very steep slope down to the river, and 4) work in the floodplain. Mr. Bedini added 5) removal of trees along the stream flowing from Whittlesey Road. Ms. Purnell added 6) the dump, which she said was a critical area. Mr. Picton noted there were wetlands violations that would be discussed under Enforcement. These were: 1) the clearing of vegetation and deposition of top soil within 100 feet of an intermittent watercourse above the steep bank, 2) the clear cutting of under brush on the slope going down to the river, and 3) clearing in the floodplain. The Commission was generally in favor of converting part of the lawn to meadow as it would diversify the vegetation, chemicals would not be required for maintenance, and there was the possibility that more wetlands species would be planted in the wetter areas. However, Mr. Picton asked that this work be done in stages so the entire area would not be disturbed at once. It was also noted the Commission would be supportive of removal of the material and invasives from the dump area. Several Commissioners questioned whether the mixed forest on the steep slopes should be thinned or remain as is and evolve naturally. They were concerned removal of vegetation would increase the speed of runoff as it flowed towards the river. Ms. Purnell thought the proposed removal of large amounts of vegetation could have a significant impact on the Shepaug and so suggested a public hearing be held to consider the application. Mr. Picton agreed, adding he would like an opinion from an ecological consultant. Ms. Purnell suggested a "pilot program" to see if there would be any negative impacts from the work done. Mr. Picton thought there had been enough work already done without permits to serve as a pilot program. Mr. Ajello thought the Conservation Commission might be consulted for input. Mr. Picton asked the applicant to review the Commission's concerns and to revise the application for the next meeting to limit the scope of the proposed work, propose a construction sequence, and provide specific details on how the project would be undertaken. Mr. Picton advised Ms. Paca she could install erosion controls and interplant in a test spot, but could not do any further work at this time. There was a brief discussion regarding enforcement. Mr. Ajello will send the owners a citation for 1) dumping, 2) the clearing of the under story in the flood plain, and 3) activities within 100 feet and next to wetlands and watercourses.
New Application
Wallis/32 Sunny Ridge Road/#IW-04-66/Reconstruct Barn and Generator: The proposed barn is to be rebuilt on the original foundation approximately 85 feet from a pond. Silt fence would mark the limit of disturbance. Mr. Wallis stated the disturbed materials would be stockpiled and then used for backfill. Mr. Ajello said he did not foresee any problems. The site plan, "Gordon Wallis, 32 Sunny Ridge Road," no date, no signature, was reviewed. Mr. Wallis was advised the Commission could not act until the next meeting.
Enforcement
Ross/10 Sunny Ridge Road/#IW-02-V4/Wetlands Restoration: Mr. Ross brought a site plan with overlay, which was used for discussion purposes. Mr. Ajello noted he had requested a new application for the construction of the driveway and had found deposition of material at the rear of the property. Mr. Ross stated that had occurred at 40 Nettleton Hollow Road, not 10 Sunny Ridge. The driveway work done without a permit was discussed. Mr. Ross asked that the Notice of Violation on the Land Records for 10 Sunny Ridge Road be removed. It was noted the Commission is in the process of reviewing the work completed to make sure it is in compliance with the approved restoration plan. Mr. Ross said he had submitted an application for the driveway, but Mr. Ajello said it had been taken back by an agent who was going to complete it. Mr. Ajello also noted the approved restoration plan called for the relocation of the driveway, but did not specify where. Mr. Ross agreed to work with Mr. Ajello on the submission of a new application.
Matthews/89 Lower Church Hill Road/Tree Cutting: Mr. Ajello noted trees had been cut although not near wetlands and with no damage to the slope. Ms. Purnell advised him there are vernal pools throughout this area. Mr. Picton asked Mr. Ajello to keep an eye on the ongoing work to make sure it does not occur too close to wetlands and watercourses.
Gatto/155 Woodbury Road/Deck: Mr. Ajello reported the deck was now being completed. The Commission had previously asked the owners to remove it, but they have not done so. It was the consensus that a citation and an Enforcement Order should be issued, but to start the process with a formal Notice of Violation.
Sasson/4 East Shore Road/Repair of Stone Deck, Retaining Wall: Mr. Sasson had called the Land Use Office to voice his concern that his application had been denied without prejudice. He said he is working on obtaining documentation that these structures pre existed the repair work done. He said he would attend the next meeting. It was decided not to issue a Notice of Violation at this time.
Fowler/138 Nichols Hill Road/#IW-04-V5/Excavate in Wetlands and Watercourse: It was noted Mr. Fowler's appeal of his citation had been denied and he had since been sent an enforcement letter regarding what specifically he is required to do to correct the existing violations on his property. Mrs. D. Hill noted that at the Show Cause Hearing Mr. Fowler agreed to hire a soil scientist or engineer to draw up a proposal to address the Commission's concerns. This has not yet been received. The 5/17/04 Enforcement Order and 6/1/04 follow up letter were reviewed. Mr. Ajello will send Mr. Fowler a follow up memo.
Gorra/278 New Milford Turnpike/Septic Repair and Stream Work: It was the consensus the Commission should be consistent and should issue Dr. Gorra a citation for the excavation work done in the watercourse without a permit.
Meeker/269 New Milford Turnpike/Parking Area: Mr. Ajello reported Mr. Meeker is currently respecting the setback for parking from the river. The Commission is still waiting for an application for the parking area and for the accessory building, for which Zoning had received an application.
Wortzman/148 Nichols Hill Road: Beavers have constructed a dam and have flooded part of this property. Mr. Ajello advised Ms. Wortzman the dam would deteriorate on its and that using equipment to break it up would require a permit.
Guiliano/19 Winston Drive/#IW-04-V1/Violation of WEO Approval: Mr. Guiliano purchased the adjoining property, which had been impacted by drainage work on his property. This matter will be removed from the agenda.
Bailey/93 Old Litchfield Road/#IW-04-V7/Destruction of Wetlands by Quads: Mr. Picton asked Mr. Ajello to inspect the disturbed areas to determine whether the wetlands vegetation has grown back.
Greenfield/12 Ives Road/Clearing In or Near Wetlands: Mr. Ajello advised the Commission he is expecting an application for the work done without a permit.
McGorty/134 South Street/#IW-01-71/Final Driveway Plan: Mr. Picton reported Mr. Ajello had forwarded recommendations regarding the driveway and said this item should be taken off the agenda.
Other Business
Site Inspection Procedures: Mr. Picton asked that all site inspection minutes be circulated within a few days of the inspection so a final report can be submitted by the Monday before the meeting. Mrs. D. Hill noted these minutes must be filed in the Town Clerk's Office within 7 working days of the inspection. Mr. Picton thought it would be helpful to include a list of the Commission's questions and concerns in these minutes, and that applicants be advised these lists are preliminary.
MOTION: To adjourn the meeting. By Mr. LaMuniere.
Mr. Picton adjourned the meeting at 11:23 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill
Land Use Coordinator
September 30, 2004
Citation Hearing
Fowler/138 Nichols Hill Road/Excavation, Filling, Clearing in Wetlands
Present: Atty. Powers, Mr. Ajello, Mr. Picton, Atty. Kelly, Mr. Fowler, Mrs. J. Hill, Mrs. D. Hill, Mr. Bedini, Mrs. Korzenko
Atty. Powers called the Citation Hearing to order at 7:04 p.m. and administered an oath to those who would be providing testimony.
Atty. Powers stated Atty. Kelly had sent him a position paper regarding the reasons why he did not think the citation should be upheld. These reasons were noted for the record and discussed in detail.
1. The citation was invalid because Mr. Ajello, Wetlands Enforcement Officer, did not have the authority to issue the citation: Mr. Ajello presented a letter dated 11/7/03 from Mrs. Luckey, former First Selectman, which assigned the citation officer duties to him. He also noted he had been sworn in by the Town Clerk. Atty. Kelly argued that Mr. Ajello could not have been appointed before the effective date of the Ordinance, which he claimed was 11/10/03, but it was pointed out the Ordinance was effective 11/1/03.
2. The citation was invalid because the Ordinance failed to comply with CGS 22a-42g because a) it created a schedule of fines rather than a single fine and b) it failed to protect the due process rights of property owners: Atty. Powers dismissed this argument because it was not under his jurisdiction as Hearing Officer to rule on the validity of the Ordinance on constitutional grounds. He noted Ct. Superior Court was the proper venue to consider this argument.
3. The citation was invalid because it was issued before there was a determination that the Regulations would apply and
4. The citation and the record failed to state any findings of facts or to give notice as to a finding of a violation of any regulation or to identify the regulation claimed to be violated: and
5. The citation ignored evidence presented at the Show Cause Hearing and/or relied on evidence that the WEO and Commission failed to present at the Show Cause Hearing, which violates Mr. Fowler's right to due process. Arguments #3, #4, and #5 were considered together at length. Atty. Kelly argued Mr. Fowler could not be cited for an activity, which was not regulated by the Inland Wetlands Commission, and so would not have been in violation if he had applied for an exemption. He also stated it was not fair to his client that the section number of the regulation violated had not been noted for the record so that Mr. Fowler could adequately prepare his defense. It was noted that the 6/1/04 citation listed the violation as excavation, filling, and clearing in wetlands and watercourses, although the number of the regulation violated had not been included. Mr. Picton, Chairman, and Mr. Ajello explained they did not consider the above activity to be as of right because the scope of the work was significant (use of machinery in wetlands) and had the potential for adverse impact and damage to the wetlands.
Atty. Powers stated he disagreed with Mr. Kelly's arguments that Mr. Fowler was denied due process, and also disagreed that the citation order did not provide enough specific information as to the exact description of the violation. He therefore upheld the citation order and noted his decision could be appealed to Ct. Superior Court. He adjourned the hearing at 8:25 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill
Land Use Coordinator
September 22, 2004
MEMBERS PRESENT: Mr. LaMuniere, Mr. Picton, Ms. Purnell
MEMBERS ABSENT: Mrs. Gray, Mrs. D. Hill
ALTERNATES PRESENT: Mr. Bedini, Ms. Coe, Mrs. Korzenko
STAFF PRESENT: Mr. Ajello, Mrs. J. Hill
ALSO PRESENT: Mr. Neff, Mr. Velseboer, Mr. Armstrong, Mr. Johnson, Mr. SearsRegular Business
Mr. Picton called the meeting to order at 7:00 p.m. and seated Members LaMuniere and Picton and Alternates Bedini, Coe, and Korzenko.
MOTION: To add the following subsequent business to the Agenda: New Applications: 1) Carron/ 58 Gunn Hill Road/#IW-04-55/Addition, Terraces, Generator, Driveway, 2) Gorra/278 New Milford Turnpike/#IW-04-56ATF/Septic Repair and Stream Remediation; Enforcement: 1) Brown/96 Romford Road/#IW-03-09/Permanent Dam Repair; Other Business: 1) Review and Approval of Draft Letter to New Milford Zoning Commission Re: Proposed Zone Change, 2) Armstrong/72 Mygatt Road/#IW-99-16/Revision of Approved Plan. By Mrs. Korzenko, seconded by Ms. Coe, and passed 5-0.
Consideration of the Minutes
The September 8, 2003 Regular Meeting minutes were accepted as corrected. On page 2 in the third line under Turner, "pressurized" should be "pressure treated." On page 5 in the second sentence under Carter, "rip rapped" should be "armored." In the sixth line on page 6 under McGorty, it was Mr. Picton, not Ms. Purnell, who recommended culverts. On page 7 in the first line, the spelling of New Milford was corrected.
MOTION: To accept the 9/8/04 Regular Meeting Minutes as corrected. By Mrs. Korzenko, seconded by Mr. Bedini, and passed 5-0.
MOTION: To accept the 9/14/04 Special Meeting Minutes (Lake Waramaug Country Club) as submitted. By Mrs. Korzenko, seconded by Mr. Bedini, and passed 5-0.
Mr. Ajello noted the Kent-Washington town line goes through the pond referred to in these minutes.
The September 14, 2004 Special Meeting minutes for Pickett et. al. were accepted as corrected. "Mr. Cable" should be changed to "Mr. Skorski." Mr. Picton noted another question raised was how would the flow be regulated during construction.
MOTION: To accept the 9/14/04 Special Meeting minutes (Pickett et al.) as corrected. By Mr. Picton, seconded by Mrs. Korzenko, and passed 5-0.
MOTION: To accept the 9/14/04 Special Meeting minutes (Town of Washington) as written. By Mrs. Korzenko, seconded by Ms. Coe, and passed 5-0.
MOTION: To accept the 9/14/04 Special Meeting minutes (Lovelace) as submitted. By Mr. LaMuniere, seconded by Mr. Picton, and passed 5-0.
The September 14, 2004 Special Meeting minutes were accepted as corrected. The spelling of Trevenen was corrected.
MOTION: To accept the 9/14/04 Special Meeting Minutes (Mayfair) as corrected. By Mr. LaMuniere, seconded by Mrs. Korzenko, and passed 5-0.
Pending Applications
Sasson/4 June Road/#IW-04-44ATF/Repair Deck, Retaining Wall, Walkway: Mr. Ajello reported Mr. Sasson is trying to collect photos to verify the deck and retaining wall were pre existing structures. Discussion was tabled to the next meeting.
Miles-Marsh/204 Wykeham Road/#IW-04-47/Driveway: At the last meeting the Commission asked whether Nova Scotia Hill Road was a viable accessway and whether the Town continued to have the responsibility to maintain it. Mr. Ajello will call the applicants to advise them of the information needed.
Lake Waramaug Country Club, Inc./19 Golf Links Road/#IW-04-49/Golf Course Drainage Improvements: Mr. Neff, engineer, submitted a copy of the USDA soil map, the report, "Turfgrass Management Plan for Fairways and Roughs," by Mr. Dest, dated 1/16/97 and the revised map, "Golf Course Drainage Improvement Plan," by Mr. Neff, revised to 9/17/04. He noted the main revision was the riprapped silt basin had been changed to a vegetated buffer. Ms. Purnell noted the mowed areas shown on the plan did not match the mowed areas observed on the site inspection. Mr. Picton noted the issues to be addressed were listed in his 9/17/04 memo and in the 9/14/04 site inspection report. Mr. Neff also noted the existing 8" clay tile would be replaced with a vegetated open swale that would have a greater capacity than the tile and would slow the runoff and act as a biofilter. The Commission asked that a note be placed on the map regarding how the wet meadow would be maintained. Mr. Picton said one of the aims of the Commission was to prevent wetlands from being turned into lawn, which would require additional drainage systems. He asked if the golf course could still function adequately if less land were drained. Mr. Neff said he had provided a typical drainage system for an area that size. Discussion of drainage details continued and Mr. Picton again requested that each of the issues listed in the site inspection report be addressed. It was noted Mr. Lecher will attend the next meeting and that he might consider installing a larger sediment basin to allow an area for clean out without removing vegetation. Mr. LaMuniere stressed the importance of maintaining a wetland buffer on the north side of the wet meadow area and also asked for details on the size of the silt basin and the kinds of plantings proposed. It was noted the Town of Kent had been notified of the application as required per state statute.
Pickett, Johnson, Gillette, Skorski/4 New Preston Hill Road and 19,23,25 East Shore Road/#IW-04-50/Repair Dam, Dredge Basin, Install Dry Hydrant: It was noted neither specific engineered plans nor a precise map had been submitted. Questions and concerns raised by the Commissioners included; 1) how water levels would be adjusted during construction, 2) what were the basin parameters of the silt removal, 3) how much silt would be removed, 4) exactly how would the dam be repaired, 5) how high must the dam be, 6) what measures would be taken to minimize turbulence in the stream during construction, 7) would the retaining wall along the east side of the pond be rebuilt, 8) were any erosion and sedimentation control measures proposed, and 9) what would be the potential impact to wetlands and watercourses downstream and to public safety? Mr. Picton noted if substantial work was proposed, engineered plans may be required.
Town of Washington/17 East Shore Road/#IW-04-51/Repair Retaining Wall: Construction plans had not been submitted. Ms. Purnell stated this was a repair of an existing wall and the Commission would want to make sure the work was done properly and the wall would be structurally sound. Mr. Picton noted the 9/14/04 site inspection report listed many of the Commission's concerns and said another issue to be addressed was what measures would be taken for flow control during construction.
Lovelace/Upper Church Hill Road/Assessor's Map #6-8, Lot #23/ Drainage for New Dwelling: Mr. Picton recused himself and Ms Purnell was seated. Mr. Neff, engineer, submitted a copy of the USDA soil map and the map, "Proposed Site Plan," by Mr. Neff, revised to 9/20/04, which showed the existing tree line as the Commission had requested at the last meeting. The Commission thought it was important to protect the wooded buffer.
MOTION: To approve the application, #IW-04-52 submitted by Mr. and Mrs. Lovelace for drainage for a new dwelling on their property on Upper Church Hill Road, Assessor's Map #6-8, Lot #23, per the map, "Proposed Site Plan," by Mr. Neff, revised to 9/20/04 with the condition that the woodlands in the wetlands and along the east edge of the wetlands remain in a natural state. By Ms. Purnell, seconded by Mrs. Korzenko, and passed 5-0.
Mr. Picton was reseated.
Velseboer/337 Romford Road/#IW-04-53/Garage: The map, "Zoning Location Survey," by Mr. Farnsworth, dated 9/2/04 was reviewed. Mr. Ajello said he did not see any other appropriate location for a garage, which would be constructed in the existing parking area. It was noted two stone patios, which were not included in the original permit for the dwelling, had been constructed. As the patios had caused no adverse impact to the wetlands, the Commission asked Mr. Velseboer to add them to the application and to pay the after the fact fee of $60.
Mayfair Properties, LLC./116 Woodbury Road/#IW-04-54/Dredge Pond, Replace Dam and Culvert: Mr. Neff, engineer, submitted the USDA soil map and the "Pond Maintenance Plan," by Mr. Neff, revised to 9/20/04, which included the proposed dam and culvert cross section. At the last meeting the Commission had asked for some terracing and a shelf in the pond. Mr. Neff noted the proposed 3:1 slope for the sides of the pond and the shelf area on the back side near the inlet. When asked why the pond would be so deep, he said a depth of 10 feet was recommended for trout, that taking the organics out would improve the water quality, and that if only the immediate area around the hydrant was dug out, it would fill back in quickly. Mr. Picton reviewed the questions raised at the 9/14/04 site inspection and in his memo. Mr. Picton asked how storm events in excess of a 50 year storm would be handled. Mr. Neff noted the size of the outlet pipe would be increased to handle a 100 year storm rather than installing an emergency spillway. He said this would cause less disturbance to the wetlands. Mr. Picton questioned whether the proposed shelves were adequate. Mr. Neff stated they were proposed around one third of the pond and that the other sides would have a 3:1 slope, which would support emergent vegetation. He also stated some of the bottom would be left in its natural state. Mr. Neff reviewed the plans to pump down the pond and for a silt basin with hay bales to catch the silt before the water flowed overland back to the stream. Ms. Purnell suggested the applicant provide a greater vegetated buffer to compensate for the smaller shelf area. The landscaping plan was reviewed and a buffer planting plan agreed upon.
MOTION: To approve the application, #IW-04-54 submitted by Mayfair Properties, LLC. to dredge a pond and replace a dam and culvert at 116 Woodbury Road per the plan, "Pond Maintenance Plan," by Mr. Neff, revised to 9/20/04 and the landscaping plan, "Pond at Mayflower Inn - Washington, Ct.," by Mr. Suford, dated 9/8/04 with the condition that on the north and northwest sides of the pond where the planting plan shows a perimeter of ferns, that there be a minimum 10 ft. wide buffer between the edge of the pond and the path planted with a variety of herbaceous perennials and low growing native shrubs. By Mrs. Korzenko, seconded by Mr. LaMuniere, and passed 5-0.
Velseboer/337 Romford Road/#IW-04-53ATF/Garage and Patios: The 9/2/04 map, "Zoning Location Survey," was reviewed again. Mr. Picton noted the application form had been revised to include the two stone patios shown on the map and that a check for the $60 ATF fee had been submitted.
MOTION: To approve the application, #IW-04-53 submitted by Mr. Velseboer to construct a garage at 337 Romford Road per the map, "Zoning Location Survey," by Mr. Farnsworth, dated 9/2/04 with the addition that two patios be added as after the fact components as they were not approved in any previous application. By Mr. Picton, seconded by Mrs. Korzenko, and passed 5-0.
New Applications
Carron/58 Gunn Hill Road/#IW-04-55/Addition, Terraces, Driveway, Generator: Mr. Picton recused himself and Ms. Purnell was seated. Mr. Collins, contractor, represented the applicant. He presented the map, "Addition and Improvements," by Archimuse, dated 9/17/04 with hand drawn additions and notes by Picton Brothers, LLC, dated 9/21/04. Mr. Collins briefly reviewed the plans to construct terraces and an addition to the existing house, put in a retaining wall, improve an old driveway and add a new parking area, and install a generator. He noted the improved driveway would not be paved and would be the only construction entrance and said silt fencing would be installed along the entire length of the driveway and around the construction area. It was noted the line showing the extent of the wetlands on the site plan was estimated, but the work on the house would be approximately 92 feet from the pond and the landscaping work 80 feet away. It was noted a construction sequence had been submitted. A site inspection was scheduled for Tuesday, September 28, 2004 at 4:00 p.m.
Mr. Picton was reseated.
Gorra/278 New Milford Turnpike/#IW-04/56ATF/Septic Repair and Stream Remediation: Ms. Purnell recused herself. Mr. Ajello presented photos of the disturbed areas and noted the Town Sanitarian had approved the septic repair, but the applicant had not realized he also need Wetlands approval because the work was within 50 feet of an intermittent watercourse. Dr. Gorra stated while the machinery was on site he had cleaned out the sediment and stones from the watercourse. It was noted the work had been done late in July and had been completed within five days. Dr. Gorra proposed to replant the area and to install a series of sediment basins or check dams. The Commission asked for a detailed remediation plan that includes the size and number of plantings to restore the streambank to its natural state and to help prevent erosion and the size and location of the proposed check dams. Mr. Picton noted in the past the Commission has asked to have citations issued for this type of activity and would try to be consistent in this case. A site inspection was scheduled for Tuesday, September 28, 2004 at 4:30 p.m. Enforcement will be discussed at the next meeting.
Other Business
Armstrong/72 Mygatt Road/#IW-99-16/Revision of Approved Plan: Mr. Armstrong, property owner, and Mr. Johnson, contractor, explained the CL&P hookup was actually located more than a hundred feet from where it was shown on the approved plan, "Subsurface Sewage Disposal System," by Mr. Neff, revised to 11/4/03. This meant the underground service would have to cross an intermittent watercourse near the access to the property. They presented the above referenced map with the proposed route drawn in by hand. Ms. Purnell suggested the crossing be made perpendicular to the streambed so it would be shorter and cause less disturbance, but the applicant said the proposed route was through an area, which had been disturbed in the past and so would actually cause less impact. Mr. Johnson stated the service would be buried in sand at least two feet deep and covered with rip rap and that the work could be completed in a day. Ms. Purnell objected to the proposed rip rap and that the wetlands would not be crossed at its narrowest point. Mr. Ajello did not think there was a viable alternative because there was a more natural area above and it was wetter below. Mr. Picton did not think the proposed work would cause a lasting adverse impact.
MOTION: To approve the revision requested by Mr. Armstrong to permit #IW-99-16 to run the underground electric service through an intermittent watercourse at 72 Mygatt Road per the map, "Subsurface Sewage Disposal System," by Mr. Neff, revised to 11/4/03 and with revisions drawn in color by the applicant, as the Wetlands Enforcement Officer had inspected the site and determined there were no alternatives with less impact to the wetlands and because the proposed work can be done without any lasting negative impact and with the following conditions: 1) the installation across the stream area must be completed in one day, 2) the excavated material must be stockpiled at least 20 feet from the watercourse, and 3) the trench must be covered with 3 inch rip rap extending at least 5 feet out from both sides. By Mr. Picton, seconded by Mrs. Korzenko, and passed 5-0.
Ms. Purnell said she objected to the revision because the work could cause a long term potential for scouring.
Enforcement
Meeker/269 New Milford Turnpike: The Commission was concerned that Mr. Meeker's application to extend the parking area had been denied because it was incomplete, yet he continued to use the area for parking. It was noted the parking could potentially cause erosion of the streambank, compaction of the soils, and leaks from vehicles could contaminate the water and soils. Mr. Ajello advised the Commission Mr. Meeker had been told to keep all vehicles away from the river until an application was approved. It was the consensus Mr. Meeker should be notified by certified letter that if the parking is not kept away from the stream a citation will be issued.
Thorne/228 West Shore Road/Well Drilling without a Permit: Mr. Ajello reported the work had stopped, an ATF application would be submitted for the next meeting, and a letter of apology had been sent by Mrs. Thorne. It was noted there is an ongoing problem with the Health Department because it does not inform property owners that they must obtain Inland Wetlands permits for wells and septic systems in regulated areas. Mr. Ajello was asked to advise Mr. Straiton, well driller, that in the future he will be issued a citation if he begins work without the required Inland Wetlands permit.
Brown/96 Romford Road/#IW-03-09/Permanent Dam Repair: Mr. Ajello reported the Browns had misinterpreted the 5/25/04 letter from the DEP advising them of necessary work to be done on the dam to address deficiencies, and had filled in the emergency spillway. He also noted some minor points, such as installation of a grate and removal of trees in the vicinity of the dam, discussed during the site inspection with the DEP officials had not been included in the letter. Mr. Picton thought it was imperative the spillway be restored as soon as possible. It was the consensus that the work should be done by mid October and the disturbed areas seeded and mulched and if this is not properly completed, a citation should be issued. Mr. Ajello will notify the Browns by letter what corrective work must be done and will copy Mr. Bartos of Land Tech and the DEP.
Arciola/9 Dark Entry Road/#IW-03-19/Single Family Dwelling: Mr. Ajello noted there had been little progress. Mr. Picton asked him to inspect the swale on the property.
Ross/10 Sunny Ridge Road/#IW-02-V4: Mr. Picton read the 9/17/04 letter from Mr. Ross. The Commission asked Mr. Ajello to again ask Mr. Ross to either submit an application or to remove the material deposited in the upland review area. It was also noted an application would be required for the construction of the driveway referred to in the 9/17/04 letter.
Fowler/138 Nichols Hill Road/#IW-04-V5:The citation hearing was rescheduled for Thursday, September 30, 2004 at 7:00 p.m.
Lake Waramaug Country Club/West Shore Road/Remodel Beach House: Mr. Ajello thought the proposed work would cause no adverse impact to the wetlands. Mr. Picton asked the Commission to reconsider its request for an application rather than an Agent's approval. It was the consensus that extreme care should be taken because the work would be done so close to the shoreline and so the decision would stand.
Other Business
McGorty/134 South Street/#IW-01-71/Review Final Driveway Plan per Condition of Approval: The map, "Septic System Plan," by Mr. Neff, revised to 9/12/04 was reviewed. Mr. Picton noted a drainage swale had been added, but thought that was minimal as far as providing construction details for the driveway. He asked for specific details showing where the runoff would flow and how it would be directed to spread out across the hillside. Mr. LaMuniere suggested a culvert at the mid point, a cross section, and a few "bumps" in the driveway to direct the flow. Mr. Ajello pointed out the house and septic system had been moved farther from the wetlands, the watershed was small, and a culvert installed under the driveway would have a tendency to heave. Mr. Picton will inspect the property to determine whether cross culverts should be required.
Discretion of the Chair
1) There was a brief discussion about site inspection procedures. Ms. Purnell noted the DEP advises observation only, no discussion, but Mr. Picton stated when conducting an inspection, the Commission is trying to gather all the information it can. He advised the Commissioners to keep together rather than going off in separate groups and to get together at the end to review points and make sure no important information is omitted from the report. He said the goal would be to provide the applicant with a list of all the information requested by the Commission so that it could be submitted by the next Regular Meeting.
2) Emails were discussed. It was noted there should be no discussion of applications between members between meetings, not even by email. Concerns regarding applications may be emailed to staff who will place copies in the files, but should not be sent to other commissioners.
Referral from New Milford Zoning Commission/Proposed Zone Change/ Walker Brook Road and Rt. 109: The draft letter written by Mrs. D. Hill based on input she had received from Commissioners was circulated. It was the consensus it should include more specific reasons about why the Inland Wetlands Commission is concerned about the proposal. Ms. Purnell will provide more details and will most likely hand deliver the letter to the New Milford Zoning Office.
Communications
1) Copies of the Land Use Brochure were handed out. Mrs. Korzenko was congratulated on a job well done.
2) There will be a course on site plan review in Bantam on 9/30.
3) There will be a conference of the Ct. Federation of Lakes on 10/23.
4) There will be an invasive species conference in Storrs on 10/7.
MOTION: To enter Executive Session at 10:41 p.m. to discuss Bolek, #IW-03-65 and the Guliano appeal of Ficalora, #IW-03-54. By Mrs. Korzenko, seconded by Mr. Bedini, and passed 5-0.
MOTION: To end Executive Session at 10:45 p.m. By Mrs. Korzenko, seconded by Mr. Bedini, and passed 5-0.
MOTION: To adjourn the meeting. By Mrs. Korzenko.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
September 8, 2004
MEMBERS PRESENT: Mrs. Hill, Mr. LaMuniere, Mr. Picton, Ms. Purnell
MEMBER ABSENT: Mrs. Gray
ALTERNATES PRESENT: Ms. Coe, Mrs. Korzenko
ALTERNATE ABSENT: Mr. Bedini
STAFF PRESENT: Mr. Ajello
ALSO PRESENT: Mr. Segla, Mr. Haber, Mr. Neff, Mr. Beck, Mr. Sasson, Ms. Grant, Mr. Velseboer, Mr. Lecher, Mr. Trevenen, Mr. G. McGorty, Mr. J. McGortyRegular Business
Mr. Picton called the meeting to order at 7:08 p.m. and seated Members Hill, LaMuniere, and Picton and Alternates Coe and Korzenko for Ms. Purnell and Mr. Bedini.
MOTION: To add the following business not already posted on the agenda: New Applications: 1) Lovelace/Upper Church Hill Road/#IW-04-52/ Drainage for New Dwelling, 2) Velseboer/337 Romford Road/#IW-04-53/Garage, 3) Mayfair Properties/116 Woodbury Road/#IW-04-54/Dredge Pond, Replace Dam and Culvert and Other Business: 1) McGorty/134 South Street/#IW-01-71/Review Final Driveway Plan per Condition of Approval, 2) Municipal Inland Wetlands Commissioner Training Program-October 2004, 3) Town Planning Process, 4) Annual Report. By Mrs. Hill, seconded by Mrs. Korzenko, and passed 5-0.
Consideration of the Minutes
The August 11, 2004 Regular Meeting minutes were accepted as corrected. On page 2, the motion for Adams was made by Mr. Picton and seconded by Mrs. Gray. On page 3 under Sasson, it should be noted that Mr. Sasson was asked to provide photos to prove the prior existence of the deck and a planting plan for the area between the wall and the road. On page 3 under Haber, Mr. Haber was asked to add the location of the septic system to the map and it should be noted that part, not all, of the work was proposed within the 100 foot setback. In the third paragraph on page 3, "vegetation" should be deleted. On page 4, in the sixth line under Miles-Marsh, "as" should be added to read, "...Nova Scotia Hill Road as a driveway...." On page 5 under Swanson, the fourth line was corrected to, "...will require an Inland Wetlands permit although it was an emergency."
MOTION: To accept the August 11, 2004 Regular Meeting minutes as corrected. By Mrs. Hill, seconded by Mr. Picton, and passed 5-0.
The August 18, 2004 Special Meeting minutes were accepted as corrected. The correct spelling of Ilsley was noted.
MOTION: To accept the August 18, 2004 Special Meeting minutes (Haber/#IW-04-46) as corrected. By Mrs. Korzenko, seconded by Mr. Picton, and passed 5-0.
MOTION: To accept the August 18, 2004 Special Meeting minutes (Miles-Marsh/#IW-04-47) as written. By Mrs. Korzenko, seconded by Ms. Coe, and passed 5-0.
Pending Applications
Turner/185 West Morris Road/#IW-04-45 ATF/Generator: The information requested at the last meeting; ATF fee, DEP form, and details about the fence materials and installation had been submitted. No pressurized materials will be used, the post holes will be dug by hand, and all disturbed areas will be mulched.
MOTION: To approve as submitted application #IW-04-45ATF for Turner/185 West Morris Road/Install Generator and Fence per the site plan scaled 1" = 20', no title, no date. By Mrs. Hill, seconded by Mrs. Korzenko, and passed 5-0.
Haber/58 Upper Church Hill Road/#IW-04-46/Additions to Existing Dwelling: Mr. Haber and Mr. Segla were present. Mr. Ajello pointed out the proposed changes to the existing driveway, the proposed catch basin, and the wetlands boundaries on the map submitted at the last meeting. Mrs. Korzenko noted the silt fencing required by the Commission had been indicated. Mr. LaMuniere, Mrs. Korzenko, and Mrs. Hill had inspected the site and had no concerns. Mr. Picton noted it was important that the silt fence be installed as shown on the map to mark the limit of disturbance. No additional clearing beyond this line into the wetlands is permitted. Mr. Haber added the location of the septic system to the map and initialed his revision.
MOTION: To approve application #IW-04-46 for Haber/ 58 Upper Church Hill Road/Additions to Existing Dwelling per the map, "Topographical Survey," by Dymar, dated 8/3/04 and received 8/18/04 with the condition that silt fencing be installed between the construction area and the wetlands to the west before the work begins to mark the limit of disturbance during construction. By Mrs. Korzenko, seconded by Ms. Coe, and passed 5-0.
Miles-Marsh/204 Wykeham Road/#IW-04-47/Driveway: No one was present to represent the applicants. The map, "Topographic Map Prepared for David S. Miles, Trustee," revised to 8/10/04, by Mr. Alex was reviewed. Mr. Picton explained Mr. Marsh proposed a lot line revision and a driveway from Wykeham Road to access this parcel rather than using his existing frontage on Nova Scotia Hill Road. Access from Nova Scotia Hill Road over an existing wood road would not require a wetlands crossing, while the proposed access from Wykeham Road would run between two pockets of wetlands compromising the wetlands buffer plus would require a crossing and the cutting of many trees. Mr. Marsh had previously stated he proposed the Wykeham Road access so he would not need a maintenance agreement with the other property owners who use Nova Scotia Hill Road. Mr. Picton stated the Commission could not approve an activity, which would adversely impact the wetlands, if there was a feasible and prudent alternative with less or no impact. He requested better documentation from the applicants that the existing access has been compromised by the Town. The Commission thought since the Town had not legally abandoned the road, it still had an obligation to maintain it. Mr. Picton also thought there was a possible driveway location off Wykeham Road that would have less impact than the one proposed. Further discussion was tabled to the next meeting.
Sasson/4 June Road/#IW-04-44 ATF/Repair Deck, Retaining Wall, Walkway: Mr. Sasson and Ms. Grant, landscape horticulturalist, were present. Mr. Picton explained that if the work done was, indeed, repair work, it still required a permit from the Commission. Mr. Sasson submitted affidavits from two neighbors who stated the stone deck and walls existed for several years prior to the repair work. Ms. Purnell arrived at 8:12 p.m. and was seated. Mr. Picton stated he had inspected the site, saw that the work looked new, and requested more specific documentation to prove what had existed there previously. Mr. Sasson circulated photos, but they were inconclusive. Mr. Sasson will continue to ask neighbors if they have photos to support his claims and will also check low altitude aerial photos taken by the DEP. The planting plan was briefly reviewed. Ms. Purnell noted there was not much soil on the bank above the stone wall and so recommended plants without deep root systems. Mr. Sasson was asked to provide a grading plan and erosion controls at the top of the wall. Mr. Sasson asked if he could install a privacy fence and stairway between Rt. 45 and June Road. He was advised that a zoning permit was required for the fence and the proposed stairway was within the regulated wetland area.
Philip/41 Tinker Hill Road/#IW-04-48/Septic Repair: It was noted the Commission had not acted at the last meeting because it was required to wait 14 days per state statute. Mr. Ajello stated he had met with the contractor on site and had determined there were no feasible and prudent alternatives for the location of the septic system due to the location of the well and watercourses on the property. It was also noted the septic system proposed was the minimum size permitted by the Health Department. Mr. Ajello said the proposed plan could not be improved.
MOTION: To approve application #IW-04-48 for Philip/ 41 Tinker Hill Road/Septic Repair as an emergency septic repair, noting the Commission determined there were no viable alternatives. By Ms. Purnell, seconded by Mrs. Hill, and passed 5-0.
New Applications
Lake Waramaug Country Club, Inc./19 Golf Links Rosd/#IW-04-49/ Golf Course Drainage Improvements: Mr. Lecher, president of the Club, and Mr. Neff, engineer, were present. Mr. Lecher explained the existing drainage system near the 7th and 8th holes at the corner of Golf Links and Beardsley Roads was failing. The map, "Golf Course Drainage Improvement Plan," by Mr. Neff, dated 8/19/04 was studied. The existing 8" clay tile would be removed and a grass lined drainage swale installed. Mr. Neff said this would allow for more storm water storage and would require less maintenance. Ms. Purnell asked for an over view plan with contour lines so the potential impact elsewhere on the property could be reviewed. Mr. Lecher noted this area drains towards Kent. Mr. Picton asked for a copy of the USDA soil map for the file. A site inspection was scheduled for Tuesday, September 14, 2004 at 4:00 p.m.
Enforcement
Beck/132 Calhoun Street/#IW-02-V1/Cutting and Clearing in Wetlands: Mr. Ajello reported Mrs. Corrigan, biologist, agreed to mark the invasive species in the disturbed area. She recommended that the stems be cut and treated with a direct application of herbicide and that this work be done before 9/30. Mr. Beck found this course of action to be acceptable. Mr. Picton noted it was Mr. Beck's responsibility to hire both the consultant and the applicator.
New Applications
Lovelace/ Upper Church Hill Road/#IW-04-52/Drainage for New Dwelling: Mr. Neff, engineer, was asked to provide the correct street address. The map, "Proposed Site Plan," by Mr. Neff, revised to 9/6/04 was reviewed. He noted the house and septic were located outside the regulated area, but the footing drains and curtain drain above the septic area had to be extended into the regulated area. Mr. Neff stated they would be no closer than 20 feet to the actual wetlands. It was noted there was a soils report in the file and that the property had a very gradual slope. Mr. Picton asked that a copy of the USDA soils map be submitted for the file. A site inspection was scheduled for Tuesday, 9/14/04 at 5:00 p.m.
Mayfair Properties/116 Woodbury Road/#IW-04-54/Dredge Pond, Replace Dam and Culvert: The map, "Pond Maintenance Plan," by Mr. Neff, dated 9/7/04 showing the location of the existing pond below the new spa building was reviewed. The proposed work includes dredging the pond so the existing hydrant is functional, replacing the wooden dam with concrete, replacing the collapsing culvert, and planting around the pond. 2500 cubic yards of silt would be removed to make the pond 10 feet deep. Ms. Purnell asked if the work would affect the restoration work ordered on the other side of the pond. Mr. Neff said it would not. He noted the existing island and vegetation would remain. Mr. Neff said a sediment basin was not proposed because the island was in the way. Mr. Picton asked for profiles to show the pond would have shelves and not be just a deep basin.
Enforcement
Carter/292 Walker Brook Road: Details concerning this matter can be found in the 9/8/04 WEO Report. Mr. Neff told the Commission the rip rapped streambank had been dramatically undercut and that he had faxed the contractor a copy of the original permit when he was informed emergency repairs were needed. Mr. Ajello asked if Mr. Neff would inspect the site to determine whether the work had been completed according to the approved plan.
New Applications
Velseboer/337 Romford Road/#IW-04-53/Garage: Mr. Velseboer proposed to construct a garage, which would encroach upon the 100 foot wetlands setback but would not be within the flood plain. The map, "Zoning Location Survey," by Mr. Farnsworth, dated 9/2/04 was reviewed. Ms. Purnell noted the proposed garage was placed as close to the front yard setback boundary as possible in order to minimize the wetlands impact. Mr. Velseboer pointed out the location of stone patios near the dwelling. Mr. Ajello will review the application prior to the next meeting. The Commissioners will drive by to inspect the property on their own.
Other Business
McGorty/134 South Street/#IW-01-71/Review Final Driveway Plan per Condition of Approval: Mr. Ajello noted the plans had been approved in 1971 with the condition that additional information on the driveway would be submitted for review by the Commission. Mr. G. McGorty said he had been advised by Mr. Neff, engineer, that no driveway drainage plan was required because the driveway was 300 feet from the 100 foot wetlands setback. He noted there was a grassed "gutter" on the inside of the driveway to collect runoff. Ms. Purnell objected because this did not replicate the sheet flow, which occurred prior to the installation of the driveway. She noted when the sheet flow is collected and directed to one area of the wetlands, it can have an adverse impact. She therefore, recommended culverts every 150 feet so the runoff could be spread out again. Mr. Picton asked for driveway and runoff details from Mr. Neff. It was noted that any change to the approved plans must come back to the Commission for review.
New Application
Pickett, Johnson, Gillette, Skorski/4 New Preston Hill Road and 19, 23, 25 East Shore Road/#IW-04-50/Repair Dam, Dredge Basin, Install Dry Hydrant: It was noted the Town and Fire Dept. supported the application and that if approved, the Town would do the work. Two maps were reviewed; a section of a survey, "Map of Property Prepared for Frank Skorski," and Assessor's Map #11-5. Ms. Purnell questioned whether the change in the size and the depth of the basin would have any impacts downstream. Mrs. Korzenko noted no erosion controls were indicated. A site inspection was scheduled for Tuesday, Sept. 14, 2004 at 4:30 p.m.
Town of Washington/17 East Shore Road/#IW-04-51/Repair Retaining Wall: Mr. Ajello explained the stone retaining wall for the parking lot at the Boys Club was collapsing, so 30 feet would be dug out and repaired. Ms. Purnell noted this work and that of the previous application should be done during the dry time of year, which has now passed. Mr. Ajello stated if weather conditions were not good, the project would be postponed until next year. A site inspection was scheduled for Tuesday, Sept. 14, 2004 at 4:40 p.m.
Enforcement
Copies of the 9/8/04 WEO Report were circulated and the following items briefly discussed:
Bailey/93 Old Litchfield Road/#IW-04-V7/Destruction of Wetlands by ATVs: It was noted there had been no restoration work done. Mr. Ajello will send a second letter stating that unless corrective measures are taken a second citation will be issued.
Beck/132 Calhoun Street/#IW-02-V1/Cutting, Clearing in Wetlands: The method to be used to apply the herbicide to minimize killing anything but the invasives was reviewed. The Commission was encouraged that this matter would soon be resolved.
Carter/292 Walker Brook Road/Repair of Retaining Wall: It was the consensus of the Commission that both the owner and Mr. Lowe, contractor, should be issued notices of violation and citations. Mr. Picton asked that the engineer list any deviations from the approved plans and also recommendations for stabilization.
Gorra/New Miford Turnpike/Septic Repair: Mr. Ajello has requested an ATF application for the septic repair work. He reported there had been no new activity and the hillside had been seeded and mulched.
Brody/Bee Brook Road/#IW-02-06 and deJong/109 Old Litchfield Road: Mr. Ajello reported installation of two bridges would begin soon.
Fowler/138 Nichols Hill Road/#IW-04-V5: It was not known whether the citation hearing had been rescheduled for Sept. 23 or 30. The Commission gave Ms. Coe an update on the status of the violation and explained the citation process. Mr. Picton asked if separate from the citation process, the Commission should order Mr. Fowler to refill the ditch with the material that was taken out of it and restore the previous grade. It was the consensus that the Commission should request remediation of the damage done without waiting for the citation hearing to be held.
Sarro/39 Tinker Hill Road: Mr. Ajello alerted the Commission to a sedimentation problem on this property, although it was not near a distinct wetland area.
Ross/10 Sunny Ridge Road/#IW-02-V4: Mr. Ajello showed photos of oil and debris possibly in the regulated area just beyond the pines. The Commission has not yet received an ATF application for the new road already constructed. Mr. Ajello will send Mr. Ross a letter to inform him that all temporarily stockpiled materials should be removed from the upland review area or an application should be submitted. It was noted if the violations continue, a notice of violation could be filed on the Land Records for Mr. Ross's second parcel.
Greenfield/12 Ives Road/Clearing In or Near Wetlands: There was no new information.
Jackson/69 Wykeham Road/Reconstruction of Storage Shed: Mr. Ajello approved this as a de minimus application as there was no excavation or regrading required and the shed would be on blocks.
Lake Waramaug Country Club, Inc./West Shore Road/Remodeling of Beach House: Mr. Ajello recommended a de minimus application because the land is level and there will be no excavation, but Ms. Purnell noted the large size of the project. She was concerned because the project is so visible and recommended a full application. Mr. Ajello said there was minimal risk to the lake. It was the consensus that more details about the project should be obtained and a complete application should be submitted.
Washington Montessori School/240 Litchfield Turnpike/Cleaning of Vernal Pool: It was noted this was delayed due to the weather.
Other Business
Referral from New Milford Zoning Commission/Application for Zone Change - 80 Lot Cluster-Open Space Subdivision: Mrs. Hill thought the N. Milford Inland Wetlands Commission should have notified the Commission of the application. Mr. Ajello pointed out the location of the property on the set of maps, "Walker Brook Farm," by L. Edwards Associates, LLC, 15 pages. The Commission was doubtful that all intermittent watercourses on the property were indicated on the plans and was concerned about possible drainage into Walker Brook. Mr. Picton noted the Conservation Commission is sending a letter to N. Milford Zoning and thought the Wetlands Commission should also do so. The Commissioners were asked to send their concerns to Mrs. D. Hill, who will draft the letter.
Ruling on Wetlands Jurisdiction/Meeker/269 New Milford Turnpike/ Storage Structure: Mr. Picton read the 9/8/04 referral memo from Mrs. Hill. Mrs. Korzenko noted Mr. Meeker is using a driveway and parking area that have not yet been approved by the Inland Wetlands Commission. The Commission considered this to be a continuing violation. It was the consensus that because the building would store chemicals only 107 feet from the river and because there might be an aquifer in this area, the Wetlands Commission does have jurisdiction. Mr. Ajello will respond to the Zoning Commission.
DEP Training: The October dates for Session III were reviewed. Interested Commissioners were asked to contact Mrs. J. Hill as soon as possible.
2003-2004 Annual Report: Mrs. D. Hill will write this report.
Town Planning Process: Mr. Sears emailed Mr. Picton about this matter. He will forward the email to all Commissioners.
MOTION: To enter Executive Session to discuss the following pending litigation: 1) Bolek/#IW-03-65 and 2) Guliano appeal of Ficalora/#IW-03-54. By Mrs. Hill, seconded by Mrs. Korzenko, and passed 5-0.
MOTION: To close Executive Session. By Mrs. Hill, seconded by Mrs. Korzenko, and passed 5-0.
MOTION: To adjourn the meeting. By Mrs. Korzenko.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
August 11, 2004
MEMBERS PRESENT: Mrs. Gray, Mrs. Hill, Mr. La Muniere, Mr. Picton, Ms. Purnell
ALTERNATES PRESENT: Mr. Bedini, Mrs. Korzenko
ALTERNATE ABSENT: Ms. Coe
STAFF PRESENT: Mr. Sears
ALSO PRESENT: Mr. Marsh, Mr. Fowlkes, Mr. Crouch, Mr. Sasson, Mr. Ilsley, Mrs. Cherniske, Mr. Neff, Mr. Alexson, PressRegular Business
Mr. Picton called the meeting to order at 7:03 p.m. and seated Members Gray, Hill, La Muniere, and Picton and Alternate Bedini for Ms. Purnell.
MOTION: To add the following items to the agenda under New Applications: a) Turner/185 W. Morris Road/#IW-04-45/Generator, b) Haber/58 Upper Church Hill Road/#IW-04-46/Additions to Existing Dwelling, c) Miles-Marsh/204 Wykeham Road/ #IW-04-47/Driveway, d) Philip/41 Tinker Hill Road/#IW-04-48/ Septic Repair, to move Discretion of the Chair to the head of the Agenda, and to list Silent Invasives under Discretion of the Chair. By Mrs. Hill, seconded by Mr. Bedini, and passed 5-0.
Discretion of the Chair
Mr. Sears, First Selectman, spoke briefly about the Lake Waramaug agreement to protect the lake. He announced there would be an informational meeting held on Thursday, 8/12/04 and a Town Meeting on Thursday, 9/2/04 to authorize him to sign the agreement.
Fowler/138 Nichols Hill Road/#IW-04-V5/Excavation in Wetlands and Watercourse: Referring to the 8/3/04 letter from Mr. Fowler's attorney, Mr. Kelly, it was noted the citation hearing officer, Mr. Futh, and Mr. Kelly have a minor business relationship, which they did not see as a conflict of interest, but asked the Board of Selectmen and the Commission for their comments. Although Atty. Miles thought this was not a clear conflict, it was the consensus of the Commission that it could be perceived as a conflict of interest. Therefore, the citation hearing scheduled for 8/12/04 was postponed. Mr. Sears will attempt to get additional hearing officers who could serve in the future when circumstances such as this one arise.
Mr. Picton seated Ms. Purnell at 7:31 p.m.
Consideration of the Minutes
The following corrections were made to the 7/28/04 minutes:
Page 1: Under Swanson: Line 3: The spelling of Cannavaro was corrected. Also, "will consult" should be "has consulted."
Page 4: Under Kessler: Last line: Add "away" to read, "...300 feet away at the top...."
Under Volante: Line 3: Add "wetland" to read, "The wetland area currently..."
Line 5: Change "either" to "the lower" side of the driveway.
Page 5: Under Devereux Glenholme School: Line 2: Substitute "the" for "IWC."
Under Haber: Line 1: Change sentence to "...identified and mapped and that information be submitted...."
MOTION: To accept as amended the 7/28/04 Regular Meeting minutes. By Mrs. Gray, seconded by Mr. Picton, and passed 4-0-1. Ms. Purnell abstained because she did not attend the meeting.
Pending Applications
Adams/136 West Shore Road/# IW-04-28 ATF/Repair Parking Area: Mr. Picton reviewed the note re: construction plans and the attached map from Ms. Adams, received 8/11/04. Mr. Ajello was asked to send Ms. Adams a list of recommended wetlands plants as requested in her 8/5/04 note.
MOTION: To approve the application, #IW-04-28 ATF submitted by Ms. Adams to repair the parking area at 136 West Shore Road per the map, "Anne M. Adams, 136 West Shore Road by T. Michael Alex, LLS., dated January 1992 and revised 8-11-04" and per the work description dated 8-5-04, with the condition that native wetland species will be planted around three sides of the catch basin, approximately 5 feet in width, and this will be done by September 15, 2004. By Ms. Purnell, seconded by Mrs. Gray, passed 5-0.
Pullaro/23 Calhoun Street/# IW-04-36/Pave Driveway: Mr. Neff, engineer, presented plans to address the questions raised at the site inspection. He noted the driveway could not be moved further from the brook due to the location of the septic system and also noted the proposed plantings would act as a filter between the driveway and the brook.
MOTION: To approve the application, #IW-04-36 submitted by Mrs. Pullaro to pave the driveway at 23 Calhoun Street per the plan, "Site Improvement Plan, Pullaro Residence, 23 Calhoun Street (Route 109)," by Brian E. Neff, PE., dated 8-10-04 with the understanding that the buffer planting on the lower side of he driveway is to be continuous and extend to the top of the stream bank. By Ms. Purnell, seconded by Mr. La Muniere, and passed 5-0.
Kessler/105 West Mountain Road/# IW-04-42/Dredge Silt Basin: Mr. Crouch of Kent Greenhouse submitted additional copies of the plan and stated machinery would access the work site over the existing bridge to the southwest behind the house. He added the location of the bridge to the site plans and noted 15 to 18 cubic yards of material would be removed.
MOTION: To approve the application submitted by Mr. Kessler to dredge the silt basin at 105 West Mountain Road per the plan, "Exploded View of Main Pond and Silt Pond, 105 West Mountain Road," rcvd. 8-11-04" and per the work description rcvd. 7-15-04 with the condition that the machine access to the silt asin e via the existing bridge located southwest at the rear of the house. By Mr. Picton, seconded by Ms. Purnell, and passed 5-0.
Page/15 Church Hill Road/# IW-04-43/Septic Repair: Mr. Ajello, WEO, reported the proposed septic area was the only possible location as the remainder of the property had vegetation, ledge, or steep slopes. Mr. Neff, engineer, concurred there were no alternative sites available.
MOTION: To approve the application, #IW-04-43, submitted by Mr. Page to repair the septic system at 15 Church Hill Road per the plan, "Septic System Repair Plan, David & Andrea Page Residence, 15 Church Hill Road (RT. 109)," by Brian E. Neff, PE., dated 7-15-04. By Mrs. Hill, seconded by Mrs. Gray, and passed 5-0.
New Applications
Sasson/4 June Road/#IW-04-44 ATF/Repair Deck, Walkway, Retaining Wall: The map, "Site Plan, Sasson-June Road," dated 7/26/04 was reviewed. Mr. Sasson stated the stone deck, walkway, and wall had existed and were in need of repair so he had taken them apart and rebuilt them. He presented several photos of the work in progress. The Commission asked for a $60 ATF fee, and a planting plan including the location, number, and size of each species to be planted.
Turner/185 West Morris Road/#IW-04-45ATF/Generator: It was noted the application included driveway and fence repairs and that the generator was on a stone pad. The applicant was asked for a $60 ATF fee, a completed DEP form, and for information regarding the type of fence posts to be used.
Haber/58 Upper Church Hill Road/#IW-04-46/Additions to Existing Dwelling: Mr. Isley from Moisan Architects was present. The map, "Topographical Survey," by DyMar, dated 8/3/04 was reviewed. The applicant proposed to demolish a portion of the existing dwelling, construct two additions, and install a new driveway. Most of this work was within 100 feet of wetlands. Previously, Mr. Ajello had asked that all wetlands within 200 feet of the proposed activities be shown on the map. Due to the location of rock outcroppings, the locations where additions could be placed were limited. Mr. Picton asked that a limit of disturbance line be added to the map. The Commission was concerned about possible future encroachments on the wetlands and asked the applicant for a written description of how this would be prevented and for an additional copy of the site map. A site inspection was scheduled for Wednesday, August 18, 2004 at 9:00 a.m.
Miles-Marsh/204 Wykeham Road/#IW-04-47/Driveway: Mr. Marsh and Mr. Fowlkes presented the map, "Topographic Map Prepared for David S. Miles, Trustee," by Mr. Alex, dated July 2004. The applicant proposed a driveway off Wykeham Road so an easement over Nova Scotia Hill Road would not have to be shared with other property owners. Mr. Fowlkes submitted a copy of the easement the Town gave to the Fairbairns, which referred to Nova Scotia Hill Road a driveway. The only activity proposed at this time was installation of a driveway to access the 20+ acre parcel. Mr. Ajello advised the Commission the proposed driveway would require a lot line revision in order to get frontage on Wykeham Road. Mr. Picton said the Commission would consider whether the proposed driveway route was the more appropriate one based on wetlands considerations. A site inspection was scheduled for Wednesday, August 18, 2004 at 9:45 a.m. Mr. Marsh noted the driveway construction plan by Mr. Neff would be submitted.
Philip/41 Tinker Hill Road/#IW-04-48/Septic Repair: Mr. Alexson represented Mr. Philip. Mr. Ajello reported the septic system had failed and immediate repairs were necessary. Mr. Alexson said the system would be replaced in the same location according to plans by Mr. Neff. Mr. Picton asked if there was a better location for the septic system that was not within 25 feet of the watercourse. Mr. Neff said there was not because the site was so steep and rocky and because the septic must be at least 75 feet from the well. He noted there would be less disturbance if the existing site was reused. Mr. Picton asked Mr. Ajello to inspect the site to determine whether there was a better spot for the septic system. Mr. Neff also noted the repaired septic was designed for a one bedroom house; it would not be enlarged. It was the consensus that if Mr. Ajello finds there is no better site for the septic, the repair work can begin, and the Commission would formally act to approve the application at the next meeting.
Enforcement
Ross/10 Sunny Ridge Road/#IW-02-V4/Wetlands Restoration: Mr. Todorski represented Mr. Ross. He said he filed a Finish Card for the wetlands restoration today, and asked if doing so released the lien on the title to the property. He was told the Enforcement Officer must inspect and approve the completed work first. Mr. Ajello said the restoration work was properly done. The Commissioners noted road work had been done without the application for a permit that Mr. Ross had agreed to at a previous meeting . It was the consensus an application for the roadwork should be received before there is a signoff on the wetlands restoration. Mr. Picton suggested the minutes could be filed on the Land Records to show the Commission is satisfied with the restoration work once the application is received and approved. Mr. Picton asked for the following information with the application; the new road location, specifics on how it would be built, and plans for regrading.
Beck/132 Calhoun Street/#IW-02-V1/Cutting, Clearing in Wetlands: It was the consensus that it was important to control the invasive species on the site and for Mr. Beck to respond to the enforcement order. Mrs. Korzenko drafted a letter to Mr. Beck dated 8/11/04 to remind him the enforcement order must be followed and to suggest that if he comes to a meeting, the Commission might be willing to consider a revision to the order in the interest of getting the necessary work done expeditiously. Mr. Picton suggested that if a Commissioner or person who can identify invasive species tagged them and a worker then actually followed and removed them, it would be a relatively quick and inexpensive way to comply with the order. Ms. Purnell recommended that in the future such orders be bonded. She noted a great deal of long term damage had been done, and to properly fix it would be expensive. When asked if he thought it would set a bad precedent if the Commission tagged the plants to be removed, Mr. Picton said it would not set a precedent because future orders would be bonded.
MOTION: Regarding Beck/132 Calhoun Street/#IW-02-V1/Cutting, Clearing of Wetlands; to send Mr. Beck the 8/11/04 letter by Mrs. Korzenko regarding the removal of invasive species from the cleared wetlands. By Mrs. Hill, seconded by Ms. Purnell, and passed 5-0.
Greenfield/12 Ives Road/Clearing In or Near Wetlands: Mr. Ajello reported the area that was cleared abuts either the regulated area or wetlands on the Beck property. He submitted photos taken on 6/18/04. He said Mrs. Greenfield had agreed to hire a soil scientist to flag the boundaries of the wetlands and would most likely submit an application and planting plan in the future.
Guliano/19 Winston Drive/#IW-04-V1Violation of WEO Approval: There was nothing new to report on this matter.
Fowler/138 Nichols Hill Road/#IW-04-V5/Excavation in Wetlands and Watercourse: The citation hearing had been postponed and will be rescheduled. It was noted Mr. Fowler had agreed at the show cause hearing to get the wetlands flagged. Mr. Picton said he had recently inspected the property and had found the work done was not landscaping permitted by right, but was excavation of a ditch in wetlands. It was the consensus that the enforcement process was being delayed by the challenge to the citation, but that ultimately the violation would be addressed.
Bailey/93 Old Litchfield Road/#IW-04-V7/Destruction of Wetlands by "Quads": There was nothing new to report on this matter. Mr. Ajello will inspect the property before the next meeting.
Swanson/New Milford Turnpike/Siltation of Pond: Mr. Ajello inspected the Swanson property upon receipt of a complaint from Mr. Swanson. A few weeks ago the Health Department approved an emergency septic repair on the adjoining Gorra property. This work did not require an Inland Wetlands permit because it was an emergency, but the additional work done in and near the stream, which appears to have caused the silt in the Swanson pond, did require a permit. Mr. Ajello dropped off an application form in Dr. Gorra's office and asked that an ATF application be submitted. He advised the staff that the Wetlands Commission would require a planting plan to stabilize the disturbed area before the start of the hurricane season.
Other Business
Land Use Brochure: Mrs. Korzenko reported the brochure is nearing completion and should be distributed in October.
It was noted the Ct. Invasive Plant Working Group will conduct a seminar on the identifi-cation and management of invasive plants on 10/7/04 at UConn.
MOTION: To enter Executive Session to discuss the following pending litigation: 1) Bolek/#IW-03-65 and 2) Guliano appeal of Ficalora/#IW-03-54. By Mrs. Hill, seconded by Mr. Picton, and passed 5-0.
The Commission entered Executive Session at 10:11 p.m. and closed it at 10:17 p.m.
MOTION: To close Executive Session. By Mrs. Hill, seconded by Mr. La Muniere, and passed 5-0.
MOTION: To adjourn the meeting. By Mrs. Gray.
Mr. Picton adjourned the meeting at 10:18 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill
Land Use Coordinator
July 28, 2004
Members Present: Mark Picton, Helen Gray, Dorothy Hill, Charles La Muniere.
Members Absent: Marguerite Purnell.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Kathryn Coe.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Addyman - Voices, James Ross, Gene Swanson, Steven Paggioli, Ronald George, Timothy Egan, Joseph Fiorilla, Michael Fiorilla, Steven Yellen, William Ellis, Brian Neff, John Ciappetta, Richard Crouch.Opened the meeting at 7:02 p.m., Chairman Picton presiding.
Seated members present - Mark Picton, Helen Gray, Dorothy Hill, Charles La Muniere, and alternate Candace Korzenko for Marguerite Purnell.
Added to the Agenda a) Page, IW-04-43 to New Applications. b) Site Inspection - July 21, 2004 re: Pullaro, IW-04-36 to Consideration of Minutes. c) July 14, 2004 Show Cause Hearing re: Bailey, IW-04-V7 to Consideration of Minutes. d) Discretion of the Chair - Tom McGowan, Keeping Invasives Out of Lake Waramaug to Other Business. Motion by Mrs. Hill, second by Mrs. Korzenko, passed 5-0.
Accepted, as amended, Show Cause Hearing Minutes of July 14, 2004 re: Bailey, IW-04-V7. Motion by Mrs. Hill, second by Mrs. Gray, passed 5-0. Corrections as follow:
Page 1 - under Closed the Hearing - spelling of 'Gray.'
Accepted, as amended, Regular Meeting Minutes of July 14, 2004. Motion by Mrs. Korzenko, second by Mr. La Muniere, passed 5-0. Corrections as follows:
Page 1 - under Also Present - add 'John Addyman - Voices'
under 'Added to Agenda - add 'June 23, 2004 Special Meeting with Thomas McGowan - Keeping Invasives out of Lake Waramaug' to Consideration of Minutes
Page 2 - under Stiteler - line 4 - 'serve' should be 'protect'
Page 3 - under Swanson - line 3 - spelling of 'Cannavaro'
- line 5 - 'detailed construction sequence' s/b 'written details of
stream bank armoring'
- under Pullaro - add 'The Commission will make a site inspection on Wednesday, July 21, 2004 at 9:30 a.m.'
- under Berger - line 2 - delete 'The house site is now proposed 20-30 feet downhill'
line 3 - 'differences' s/b 'changes,' add 'and paving have been' after 'drainage,' add 'to the proposal' after 'added'
Page 4 - under Mayfair Properties, LLC. - line 3 - 'filings' s/b 'drillings,' 'out of' s/b 'from'
- under Matteo - add 'WEO Ajello requested an ATF application, which has not
yet been submitted.'
Page 5 - under Fowler - line 2 - add 'Citation' after 'Wetlands'
- line 4 - delete 'Because'
- line 5 - delete 'another letter will be sent'
Accepted, as written, Site Inspection Minutes of July 21, 2004 re: Paggioli, IW-04-35. Motion by Mrs. Korzenko, second by Mrs. Gray, passed 5-0.
Accepted, as amended, Site Inspection Minutes of July 21, 2004 re: Berger, IW-02-07. Motion by Mr. La Muniere, second by Mrs. Gray, passed 5-0. Corrections as follows:
Page 1 - under Reason for Revision - line 1 - add 'armored swale and' after 'Add'
- under Observations - line 5 - add 'armored swales and' before 'proposed'
Accepted, as written, Site Inspection Minutes of July 21, 2004 re: Breakstone/Garfunkel,IW-04-37. Motion by Mrs. Korzenko, second by Mrs. Gray, passed 5-0.
Accepted, as written, Site Inspection Minutes of July 21, 2004 re: Volante, IW-04-39. Motion by Mrs. Hill, second by Mrs. Korzenko, passed 5-0.
Accepted, as written, Site Inspection Minutes of July 21, 2004 re: Pullaro, IW-04-36.Motion by Mrs. Hill, second by Mrs. Gray, passed 5-0.
Heard re Adams, IW-04-28 ATF, 136 West Shore Road, replace pipe & stone, that Ms. Adams is still preparing the planting plan.
APPROVED Riano, IW-04-31, 155 Shearer Road, install aerator, per the work sequence, dated July 22, 2003 and per the sketch , "Brian Riano, 155 Shearer Rd. by Harry Wright, rcvd. 6-18-04," with one condition that the trench will not be left open overnight. Motionby Mr. Picton, second by Mrs. Gray, passed 5-0.
Members reviewed the above cited work sequence and aerator specs submitted tonight.
APPROVED Ross, IW-04-32, 199 Baldwin Hill Road, install pool, per the revised plan,"Site Plan Proposed Pool Location, Ross Residence, 199 Baldwin Hill Road by Paul A Hiro, PC., dated 8-14-98, revised by James Ross 7-14-04" and per construction sequence, dated 7-28-04, with three conditions: 1) There will be no construction access on the south side of the house. 2) There will be no stock piled soil within the 100' upland review area. 3) The silt fence will be the limit of disturbance towards wetlands. Motion by Mr. Picton, second by Mrs. Korzenko, passed 5-0.
Members reviewed the above cited plan and construction sequence with James Ross. The barn foundation, permit IW-03-12, will be done first.
APPROVED Swanson, IW-04-33, 18 Cook Street, re-place deck, re-build stone wall, widen right of way / parking, per the plan, "Esther Swanson, Cook Street, Quist Brook, by Gene Swanson, rcvd. 6-22-04, revised 7-28-04" and per the work sequence, rcvd. 7-28-04, with a notation that the proposed armoring of the stream bank has been withdrawn from the application. Motion by Mrs. Hill, second by Mrs. Korzenko, passed 5-0.
Members reviewed the written description of the proposed armoring for a section of stream bank and found it lacking enough detail to consider; Gene Swanson withdrew this part of his application and any activity in the stream channel.
APPROVED Paggioli, IW-04-35, 1 Tinker Hill Road, install fence & trellis, per the map, "State of Connecticut, Kenneth Duncan, Washington, Connecticut, revised by Steven J. Paggioli 7-28-04" and per the work sequence, dated 7-21-04. Motion by Mr. La Muniere, second by Mrs. Hill, passed 5-0.
Members reviewed with Steven Paggioli the above cited map and work sequence and applied their observations from the site visit on July 21, 2004.
Heard re Pullaro, IW-04-36, 23 Calhoun Street, pave drive, that Ms. Pullaro is preparing more information for the application. Ms. Moquin will send her a copy of the July 21, 2004 site inspection minutes, which contains a list of needed details.
APPROVED revision to permit re: Berger, IW-02-07, 392 Nettleton Hollow Road, pave driveway, armor base of swale along driveway, install rip rap splash pad, per the plan, "Septic System Design, Franklin & Marsha Berger, 392 Nettleton Hollow Road by Ronald George, PE., dated 6-1-04, revised 7-28-04," with one condition that the silt fence and Construction Limit Line (CLL) line will be observed and the site will remain undisturbed outside these lines. Motion by Mrs. Korzenko, second Mr. La Muniere, passed 5-0.
Members reviewed the above cited plan with Ron George, PE. and agent Tim Egan; Mr. George changed the name on the plan to Marsha & Franklin Berger, owners of the property.
APPROVED Schein, IW-04-40, 245 West Shore Road, re-build shed, per the work sequence, dated 7-28-04. Motion by Mr. La Muniere, second by Mrs. Gray, passed 5-0.
Joseph and Michael Fiorilla submitted the above cited work sequence, which members reviewed.
APPROVED Breakstone / Garfunkel, IW-04-37, 127 Church Hill Road, addition, construct new driveway section, per the plan, "Proposed Site Improvement Plan, Breakstone & Garfunkel Residence by Brian E. Neff, PE., dated 7-12-04, revised by Steven Yellen 7-28-04." Motion by Mrs. Hill, second by Mr. Picton, passed 5-0.
Agent Brian Neff, PE., and Project Manager, Steven Yellen, along with William Ellis submitted new plans showing the information requested by the Commission: 1) Existing driveway to remain and a new section added. 2) Route of underground portion of utility lines.3) Existing septic and drain outlets. 4) Approximately 25 trees to be removed for the garageand driveway improvements. Mr. Yellen submitted an authorization letter, dated July 9, 2004 and a soil science report by Nutmeg Soil Services, dated May 30, 2003.
APPROVED Mayfair Properties, LLC., IW-04-38, 116 Woodbury Road, install well, per the plan, "Subsurface Sewage Disposal System, Fairfield Properties Inn, Woodbury Road (Route 47) by Brian E. Neff, PE., dated 1-22-03, revised 7-10-04," with one condition that
an adequate silt basin and silt fencing and/or hay bales be used to contain well castings. Motion by Mr. Picton, second by Mr. La Muniere, passed 5-0.
Members reviewed the above cited plan with Brian Neff, PE. This second well will be a supplementary source of water.
APPROVED Volante, IW-04-39, 11 Top Pasture Road, construct driveway, per the plan, "Subsurface Sewage Disposal System, Volante Residence, 11 Top Pasture Road by Brian E. Neff, PE., dated 5-14-04, revised 7-9-04," with two conditions: 1) The area currently being mowed as a hay field will be mowed no more than twice per year.2) The lawn area will be on either side of the driveway and extend no farther down hill than the silt fence shown on the above cited plan. Motion by Mrs. Korzenko, second by Mrs. Gray, passed 4-1. Mrs. Hill voted nay as she thinks the mowing of wetlands should be limited to once per year.
Agent, John Ciappetta said that the owners want to continue haying in the same way haying has been done historically on this property. Members reviewed the above cited plan. Mr. Ciappetta agreed to submit a copy of the soil science report and map (ATF.)
APPROVED Laus, IW-04-41, 22 Nichols Hill Road, dredge pond, per the plan, "PondCleanout Plan, Patricia Laus Residence, 22 Nichols Hill Road by Brian E. Neff, PE., dated 6-30-04," with four conditions: 1) Only the southern one-third of the east side of the pond will be used as a working access area; the rest of the shoreline will not be excavated or disturbed. 2) Pond banks in the access area will be restored to a three to one underwater slope. 3) The portion of the pond outlet being cleaned out by machine will not exceed 20 feet from the pond perimeter. 4) Across the entire width of the southern end of the pond, the existing aquatic and emergent vegetation will be left undisturbed for a distance of four feet from the current water line. Motion by Mr. Picton, second by Mrs. Korzenko, passed 5-0.
Members asked agent Brian Neff, PE. many questions re access to the pond and how much of the pond's valuable perimeter vegetation would be removed to arrive at the permit conditions.
Discussed Kessler, IW-04-42, 105 West Mountain Road, dredge silt basin, with agent Richard Crouch. The excavator does not have to enter the pond to reach the material. The silt collection will be located 300 feet at the top of a hill.
Discussed briefly, Page, IW-04-43, 15 Church Hill Road, septic repair. Septic fill will be deposited twenty five feet from Canoe Brook. Members agreed to wait for WEO Ajello's analysis.
EO Report
Discussed the following briefly:
Adams, IW- 04-28 ATF, 136 West Shore Road, re-place pipe & stone. Ms. Adams is continuing to prepare her planting plan. Phragmites have been mowed around the catch basin.
Arciola, IW-03-19, 9 Dark Entry, construct dwelling. Mr. Ajello will tell the contractor to finish installing the swale and have it grass-seeded and growing by 9-1-04.
Beck IW-02-V1, 132 Calhoun Street cutting & clearing in wetlands. Mrs. Korzenko willdraft a letter to Mr. Beck re the lack of progress. Mrs. Hill will consult Attorney Michael Zizka.
Auchincloss, IW-03-57, 5 Kielwasser Road, remove trees & brush, planting,stabilize stream bank. Work was done during a dry period with good results.
Borenstein, 63 Wykeham Road, oil tank mitigation work. A minimal amount of contaminated soil was found after removal of an oil tank, which was located approximately fifty feet from a stream and closer to wetlands; BDL Environmental Consultants are removing these soils. WEO Ajello requested an ATF application for the work.
Meeker, IW-04-19, 269 New Milford Tpke., expand drive & gravel. Members are waiting for a new application to be filed. Mr. Ajello noted seeing chemicals again being stored outsidebehind the building.
Deveraux-Glenholme School, Sabbaday Lane. An application for proposed reconstruction of drainage areas around the wellhead is being prepared for submission to IWC Commission.
Haber, Upper Church Hill Road, addition. WEO Ajello requested wetlands be identified, mapped and submitted along with an application.
Parent, IW-04-23 ATF, 71 Calhoun Street, deposit stone, clear drive site. A new application will be submitted when the site plan is completed by the engineer and surveyor.
The citation fee has been paid.
Sasson, IW-04-44 ATF, 4 June Road, repair stone deck, walkway, retaining wall. This ATF application, submitted today, will be on the agenda for the next meeting on August 11, 2004.
Heard re Ross, IW-02-V4, 10 Sunny Ridge Road, wetlands restoration, that the stone wall, permit IW-03-45, is in the process of being constructed. It appears that building the new section of wood road has not been started nor an application submitted. WEO Ajello will make another site inspection.
Heard re Guliano, IW-04-V1, 19 Winston Drive, violation of WEO approval that there has been no communication from Mr. & Mrs. Guliano.
Fowler, IW-04-V5, 138 Nichols Hill Road, excavate in wetlands & watercourse. A Citation Hearing has been scheduled for Tuesday, August 3, 2004 at 7:00 p.m.
Heard re Bailey, IW-04-V7, 93 Old Litchfield Road, destruction of wetlands by 'quads,'that there has been no 'quad' activity observed in the wetlands but no restoration done to date.
Heard re Conservation Commission - Land Use Brochure Committee draft, that Mrs. Korzenko is working on newly submitted changes.
Discussed briefly, DiBenedetto, IW-03-04. Members reviewed a letter sent to Mr. DiBenedetto and agreed it was very well done.
Discussed briefly, Keeping Invasives Out of Lake Waramaug. The Commission will draft a letter to Thomas McGowan, indicating their support in obtaining the State DEP aquatic permit but requesting answers to some questions re the chemicals / side effects which may be proposed for use.
Entered Executive Session at 10:48 p.m. to discuss pending litigation in re Bolek, IW-03-65 and Guliano appeal of Ficalora, IW-03-54. Motion by Mrs. Hill, second byMrs. Gray, passed 5-0.
Closed Executive Session at 11:23 p.m. Motion by Mrs. Hill, second by Mr. La Muniere,passed 5-0.
Adjourned the meeting at 11:23 p.m. Motion by Mrs. Hill, passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin Land Use Secretary
August 4, 2004
July 14, 2004
SHOW CAUSE HEARING
Re: Bailey, IW-04-V7, 93 Old Litchfield Road, destruction of wetlands by 'quads.'
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere.
Members Absent: Mark Picton, Marguerite Purnell.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Kathryn Coe.
Staff Present: Michael Ajello, Katherine Moquin.Opened the Hearing at 6:48 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles La Muniere, Candace Korzenko for Mark Picton, Anthony Bedini for Marguerite Purnell.
Mrs. Hill read the Enforcement Order, dated July 5, 2004 and noted that no one was present to respond.
Closed the Hearing at 6:52 p.m. Motion by Mrs. Grey, second by Mrs. Korzenko, passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary
July 19, 2004REGULAR MEETING
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere.
Members Absent: Mark Picton, Marguerite Purnell.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Kathryn Coe.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Dirk Sabin, Duncan Woodruff, James Ross, Gene Swanson, Ralph Corbo, Ronald George, Timothy Egan, Joseph Fiorilla, John Ciappetta.Opened the meeting at 7:12 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles La Muniere, Candace Korzenko for Marguerite Purnell, and Anthony Bedini for Mark Picton.
ELECTED the slate of nominated officers, Mark Picton for Chairman and Candace Korzenko
for Vice-chairman. Motion by Mrs. Gray, second by Mr. Bedini, passed 5-0. In Mr. Picton's absence, newly elected Vice-Chairman Korzenko assumed the chair.
Added to the Agenda a) Discretion of the Chair as the third item. b) Preliminary Discussion re: Stiteler, West Shore Road/Tinker Hill Road as the fourth item. c) Schein, IW-04-40 to New Applications. d) Breakstone/Garfunkle, IW-04-37 to New Applications. e) Volante, IW-04-39 to New Applications. f) Laus, IW-04-41 to New Applications. Motion by Mrs. Gray, second by Mr. Bedini, passed 5-0.
Discretion of the Chair re: retiring Chairman, Dorothy Hill. Commission spokesperson, Mrs. Grey, presented Mrs. Hill with a Certificate of Resolution - praise for her considerable skill and dedication during her tenure.
Accepted, as amended, Regular Meeting Minutes of June 23, 2004. Motion by Mrs. Hill, second by Mr. Bedini, passed 5-0. Corrections as follows:
Page 2 - under Mr. Picton recused - 'this' s/b 'the following'
under Corax Corp. - delete last sentence
Page 3 - under Ross - line 2 - add 'approved' before 'barn,' add 'site' after 'barn'
line 3 - delete 'and previously permitted - IW-03-12'
line 5 - 'marked with an index' s/b 'identified'
line 8/item 7 - 'Where is' s/b 'Location of'
line 9 - delete 'going ?'
under Curtis Road, LLC - line 5 - add 'if it is likely to occur' after 'grading,'
'more' s/b 'adequate'
line 6 - add 'where it is likely to be' after 'fence'
Page 3 - under O'Toole - at the end - add 'Members agreed that written, specific details
should be included in all applications.
corrections con't:
under Beck - line 2 - 'un-permitted method' s/b 'using a method which would
not have conformed to the Commission's directive even if
it had been done in the area designated by the
Commission for control of invasives'
Page 4 - under Bailey - line 2 - 'CO' s/b 'WEO'
line 3 - add '; he will send an Enforcement Order before the next
meeting' after 'Bailey'
under Sarro - line 1 - add 'the activity' after 'and'
Accepted, as written, Site Inspection Minutes of June 28, 2004 re: Beck, IW-02-V1. Motion by Mrs. Gray, second by Mr. Bedini, passed 5-0.
Accepted, as amended, Site Inspection Minutes of July 12, 2004 re: Swanson II, IW-04-33. Motion by Mrs. Hill, second by Mr. Bedini, passed 5-0. Correction as follows:
Page 2 - second to last line - add 'after the parking area is widened and flattened' after
'addressed'
Accepted, as written, Special Meeting Minutes of June 23, 2004 re: Keep Invasive Species out of Lake Waramaug with Thomas McGowan. Motion by Mrs. Gray, second by Mr. Bedini, passed 5-0.
Discussed, in a preliminary fashion, Stiteler, West Shore Road / Tinker Hill Road with agent, Dirk Sabin. He asked for the Commission's preferred site for a guest house still in the design stage - members agreed that keeping the construction site out of the 100' upland review area, as much as possible, would best serve the property's wetlands and adjacent lake.
APPROVED Young, IW-04-29, 113 Litchfield Tpke., dry hydrant, per the sketch, "WVFD Dry Hydrant Installation Location, 138 Litchfield Tpke., rcvd. July 9, 2004" and work description, dated June 3, 2004. Motion by Mrs. Hill, second by Mr. Bedini, passed 5-0.
Duncan Woodruff, WVFD, Water Resources Committee, submitted the above cited sketch. Mrs. Korzenko read the above cited work description; this pond is spring-fed and full year round.
DENIED, without prejudice, Parent, IW-04-23 ATF, 71 Calhoun Hill Road, install driveway stone, clear house site & driveway, because the application time period expired on July 2, 2004. Motion by Mrs. Hill, second by Mrs. Gray, passed 5-0.
Members noted the expired application time period. Brian Neff, PE., said that he is waiting for the surveyor to put wetlands flags on a map before he finishes his engineering plans.
Heard re Adams, IW-04-28 ATF, 136 West Shore Road, replace pipe & stone, that the Commission is waiting for a planting plan.
Heard re Riano, IW-04-31, 155 Shearer Road, install aerator, that WEO Ajello allowed agent, Harry Wright to trench a conduit across the dirt road but not past the stone wall which acts as a buffer for the pond along with thick vegetation. Mr. Ajello talked to the caretaker about leaving the vegetation intact around the pond; he will call Mr. Wrightto request a work sequence.
Discussed Ross, IW-04-32, 199 Baldwin Hill Road, install pool, with James Ross. He submitted a new plan / narrative, "Site Plan Proposed Pool Location, Ross Residence, 199 Baldwin Hill Road, by W.B., dated 6-20-04, revised 7-14-04." Mrs. Korzenko read Mark Picton's observations from his July 7, 2004 site inspection. Members requested a detailed construction sequence including the installation of the pool mechanicals.
Discussed Swanson, IW-04-33, 18 Cook Street, re-place deck, re-build stone wall, armor stream bank, widen right of way/parking, with Gene Swanson. Mr. Swanson plans to talk to Roger Canavaro, Town Road Crew Foreman. Mrs. Hill will consult Richard Sears, First Selectman; he said the Town will rely on the Commission's plan approval. Members requested a detailed construction sequence.
APPROVED Curtis Road, LLC., IW-04-34, 23 Curtis Road, construct dwelling, per the
plan, "Proposed Site Plan, Corbo Associates, Inc., 23 Curtis Road, dated 6-23-04, revised 7-3-04" with one condition that the limit of cutting and clearing is to be identified in the field with Conservation markers every fifty feet. Motion by Mr. La Muniere, second by Mrs. Gray, passed 5-0.
Members discussed the revisions to the above cited plan and expressed appreciation for the care and effort taken to protect wetlands.
Heard re Paggioli, IW-04-35, 1 Tinker Hill Road, install trellis & fence, that the proposed trellis site is located near the lake shore and the proposed fence site is located on the other side of West Shore Road. Members requested a work sequence and type of material proposed for the trellis and posts.
The Commission will make a site inspection on Wednesday, July 21, 2004 at 9:00 a.m.
Decided re Pullaro, IW-04-36, 23 Calhoun Street, pave driveway, to review the previous permit, IW-02-48, before discussing this proposal.
Discussed Berger, IW-02-07, 392 Nettleton Hollow Road, revision to permit, with agent, Tim Egan and Ron George, PE. The house site is now proposed 20-30 feet downhill and the beginning of the driveway is laid out with minor differences in contour and drainage added.
The Commission will make a site inspection on Wednesday, July 21, 2004 at 10:00 a.m.
Discussed Schein, IW-04-40, 245 West Shore Road, re-build shed, with agent, Joseph Fiorilla.
WEO Ajello submitted two photos of the existing slab. Members requested a construction sequence, erosion controls and stockpile location.
Discussed Breakstone/Garfunkel, IW-04-37, 127 Church Hill Road, addition, relocatedriveway, with agent, Brian Neff, PE. Most of the proposed addition is outside the regulated area; part of the driveway is proposed for re-location farther from the wetlands.
The Commission will make a site visit on Wednesday, July 21, 2004 at 10:45 a.m.
Added to the Agenda Mayfair Properties, LLC., IW-04-38 to New Applications. Motion by Mrs. Hill, second by Mr. Bedini, passed 5-0.
Discussed Mayfair Properties, LLC., IW-04-38, 116 Woodbury Road, install well, with agent, Brian Neff, PE. A second well is needed to complete the water system. Well filings will be removed out of the regulated area; a silt fence will be installed below the well site.
Discussed Volante, IW-04-39, 11 Top Pasture Road, construct driveway, with agent John Ciappetta. The proposed driveway location area is relatively flat; paving will be done after one year of compaction.
The Commission will make a site inspection on Wednesday, July 21, 2004 at 11:15 a.m.
Discussed Laus, IW-04-41, 22 Nichols Hill Road, dredge pond, with agent, Brian Neff, PE.
The area will be accessed during a dry time, perhaps August; The spring fed pond will be pumped down into a temporary settling basin. Members will make individual site visits before the next meeting.
EO Report
Discussed the following briefly:
Greenfield, 12 Ives Road, clearing in or near wetlands. WEO Ajello took photos and sent a letter, dated July 7, 2004; he will make a follow-up call.
Gatto, Woodbury Road, permit violation. The Building Official and , ZEO Janet Hill were contacted to remind them that the un-permitted deck needs to be removed before a CO is issued.
Daudelin/Arciola, 9 Dark Entry Road, construct dwelling. Drier conditions and no erosion problems were evident during a site inspection on June 28, 2004.
Matteo, 175 West Shore Road, emergency septic repair. Installation of a silt fence was requested, as well as additional driveway stone, as soon as possible.
Fish, IW-04-V2, 201 Wykeham Road, un-permitted timber harvest near wetlands. Mr. Fish called to ask for written confirmation that he has cleared his permit violation. Ms. Moquin will send a copy of May 26, 2004 minutes.
Di Benedetto, IW-04-03, 212/214 Calhoun Street, remove invasives, dead trees, vines/prune.
Mr. Di Benedetto told WEO Ajello that he does not understand the Commission's denial of his recent application. Mrs. Korzenko will send him a letter.
Discussed Beck, IW-02-V1, 132 Calhoun Street, cutting & clearing in wetlands. WEO Ajello submitted three new photos. Mrs. Hill made a site visit and observed a partial and inadequate job done to remove invasives; she put copies of the letters sent to Mr. Beck in order, creating a time line. Mrs. Hill will consult Atty. Zizka. Mrs. Korzenko will send a letter to Mr. Beck telling him that he did not do the job the Commission asked him to do.
Heard re Ross, IW-02-V4, 10 Sunny Ridge Road, wetlands restoration, that the remainder of material from the wetlands has been removed - perhaps a small amount of handwork is left after the recent rain; A portion of the wood road is now gone - an application for construction of a new section of road has not yet been submitted.
Heard re Guliano, IW-04-V1, 19 Winston Drive, violation of WEO approval, that there is nothing new to report.
Heard re Fowler, IW-04-V5, 138 Nichols Hill Road, excavation in wetlands & watercourse, that Robert Futh, Town of Washington Inland Wetlands Hearing Officer, reviewed the file and made a site inspection; the tentative date for the Citation Hearing is August 3, 2004.
Because Mr. Fowler has not complied with the directives in Mr. Ajello's 6-1-04 letter, another letter will be sent.
VOTED that the Enforcement Order is to Remain in Effect re: Bailey, IW-04-V7, 93 Old Litchfield Road, destruction of wetlands by 'quads.' Motion by Mrs. Hill, second by Mr. Bedini, passed 5-0.
Entered Executive Session at 11: 16 p.m. to discuss pending litigation in re Bolek, IW-03-65 and Guliano appeal of Ficalora, IW-03-54. Motion by Mrs. Hill, second by Mr. La Muniere, passed 5-0.
Closed Executive Session at 12:06 a.m., July 15, 2004. Motion by Mrs. Hill, second by Mr. La Muniere, passed 5-0.
Adjourned the meeting at 12:07 a.m., July 15, 2004. Motion by Mrs. Gray, second by Mrs. Hill, passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary
July 21, 2004
June 23, 2004
Members Present: Dorothy Hill, Helen Gray, Mark Picton, and Marguerite Purnell.
Members Absent: Charles La Muniere.
Alternates Present: Anthony Bedini, Candace Korzenko.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Addyman - Voices, Paul Manson, Harry Wright, James Ross, Gene Swanson II, Ralph Corbo, and Lawrence O'Toole.Opened the meeting at 7:12 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Mark Picton, Marguerite Purnell, and Anthony Bedini for Charles La Muniere.
Added to the Agenda a) Swanson II, IW-04-33 to New Applications. b) Curtis Road, LLC.,
IW-04-34 to New Applications. c) Lake Waramaug Dam to Other Business. Motion by Mr. Bedini, second by Ms. Purnell, passed 5-0.
Accepted, as amended, Regular Meeting Minutes of June 9, 2004. Motion by Mr. Picton, second by Mrs. Gray, passed 5-0. Corrections follow:
Page 3 - under Hopkins - line 7 - spelling of 'permittee'
- line 9 - spelling of 'Ronald'
- line 11 - spelling of 'project's,' add 'to completion' after proceed
- line 14 - 'constraints' should be 'development,' 'runs between' s/b
'running across,' add 'along' after 'and'
- line 15 - delete 'overland'
- line 18 - 'in' s/b 'of the stream'
- line 22 - 'report' s/b 'reported'
- line 23 - add 'instead' after 'recommended,' 'steeply sloped' s/b
before 'driveway'
- line 24 - delete 'Ms. Purnell explained her concerns for expected long
term impacts to Sprain Brook.
- under Corax Corp. - line 3 - 'pleas' s/b 'plan,' add 'new' before 'property'
Page 4 - first line goes before Corax Corp. on page 3
- under Adams - line 4 - 'After The Fact' s/b 'ATF'
- under O'Toole - line 3 - 'off' s/b 'of'
- line 6 & 7 - 'After The Fact' s/b 'ATF'
- line 8 - add 'and supplemental fee' after 'information'
- under Tsang - line 6 - delete 'to be allowed'
- line 8 - 'or' s/b 'to'
- line 9 - delete 'therefore, the bottom layer of stumps may have to remain'
Corrections June 9, 2004 Minutes con't:
Page 4 - under Tsang - last line - 'requests' s/b 'conditions'
Page 5 - under Levy/Kady - line 2 - 'responding' s/b 'regarding'
- under Bailey - line 3 - spelling of 'breach'
- line 4 - delete 'to be allowed'
- line 5 - 'requests' s/b 'conditions'
- under Appointed - line 2 - 'July 8' s/b 'July 14'
Heard re Parent, IW-04-23 ATF, 71 Calhoun Street, install driveway stone, clear house site & driveway, that WEO Ajello sent a letter, dated June 12, 2004, to Mr. and Mrs. Parent; the wetland survey has been done and they are waiting for plans from Brian Neff, PE.
Mr. Picton recused himself at 7:32 p.m. from this discussion because Picton Bros. may bid on the proposed work.
APPROVED Corax Corp., IW-04-24, 248 West Shore Road, house renovations / install generator, per the survey and narrative submitted tonight: "Improvement Location Survey, Corax Corporation, 248 West Shore Road by Robert C. Sterling, LS., dated July 2002" and
"Amended Narrative, Page 1, Corax by Ruanor." Motion by Ms. Purnell, second by Mrs. Gray, passed 4-0. Mr. Picton did not vote because he recused himself from this application.
Members reviewed the above cited survey map and narrative with owner, Paul Manson; the survey shows lot coverage and distances to the shoreline. The trench between the garage and the house has already been done. Mr. Manson marked and initialed the location of the generator on the survey map.
Ms. Purnell said that all of the information has been clarified, the site is a distance of 52 feet of relatively flat terrain to the Lake, the impervious surface will be increased by only twenty square feet and sedimentation and erosion controls are in place.
Mr. Picton resumed his seat at 7: 50 p.m.
Heard re Adams, IW-04-28 ATF, 136 West Shore Road, replace pipe & stone, that the ATF supplemental fee has been submitted but no new information as yet.
Decided re Young, IW-04-29, 113 Litchfield Tpke., dry hydrant, that WEO Ajello will contact Duncan Woodruff, WVFD, to ask for a sketch and more details.
Discussed Riano, IW-04-31, 155 Shearer Road, install aerator, with agent Harry Wright - an authorization letter needs to be submitted. A trench going from the barn, across the road, stone wall, and then seventy five feet to the pond is proposed - no excavation will be done in the pond; the aerator has a flotation collar and will be removed during the winter. Ms. Purnell pointed out that algae is caused by nutrient enrichment to the pond. Members requested a work sequence. The Commission will make individual Site Inspections before the next meeting. WEO Ajello will make a Site Inspection to see if there are possible wetlands around the pond and call to request more details for the file.
Discussed Ross, IW-04-32, 199 Baldwin Hill Road, in-ground pool, with James Ross. The location of the pool is between the house and the barn. A change in the location of the grass driveway going to the barn and previously permitted - IW-03-12 is proposed also.
Members requested the following: 1) A detailed map, clearly showing any changes from the previous permit and all lines marked/with an index. 2) Distances between improvements and wetlands. 3) The discontinued lines of the wetlands survey explained. 4) Data on all the improvements. 5) A narrative/description of all proposed activity including a construction sequence. 6) The proposed retaining wall depicted on the map. 7) Where is the removed material going?
Mr. Picton will make a Site Inspection before the next meeting.
Discussed Swanson II, IW-04-33, 18 Cook Street, re-place deck, re-build wall, armor stream bank, stone wall, widen right of way/parking, with Gene Swanson, including some history of the property, what is existing, and what is proposed..
The Commission will make a Site Inspection on Monday, July 12, 2004 at 9:00 a.m.
Discussed Curtis Road, LLC., IW-04-34, 23 Curtis Road, construct dwelling, with agent Ralph Corbo. Wetlands are flagged and test holes done for the Health Dept. The development location has been designed to fit between the 100' upland review area and Zoning setbacks. Members requested the following to cover reasonable expectations: 1) Proposal for moderate clearing and grading within the 100' URA. 2) Proposal for more room to install footing and gutter drains. 3) A proposed tree line/limit of clearing depicted on the map. 4) The silt fence located within the 100' URA. 5) Proposal to mark the conservation area in the field.
WEO Ajello will make a Site Inspection before the next meeting.
APPROVED O'Toole, IW-04-30 ATF, 46 Kielwasser Road, septic repair, install septic system, repair stone wall, stairs and deck, per the site plan, "4 June 04, Larry O'Toole" and narrative, "Memorandum by Lawrence O'Toole, dated 4-6-04," with the following conditions: 1)The stairway and deck are to be built on posts with the stream protected during construction by installing a silt fence down-slope of the site. 2) No additional clearing, grading or lawn will occur in conjunction with the stair and deck construction. 3) During repair of the stone wall, south of the stream, no excavation or filling is to be done outside the existing stone wall line. Noted: The inclusion of Project C - facing the concrete header walls with stone has been withdrawn from this application. Motion by Mr. Picton, second by Mrs. Gray, passed 5-0.
Members discussed the proposed activities with Lawrence O'Toole. WEO Ajello said that he could find no alternative location for the stair and deck. Members had Mr. O'Toole add and initial stairway/deck dimensions, distance to the stream from the deck corner, and the silt fence location, on the above cited plan. Mr. O'Toole also withdrew the project of facing the header walls with stone. Mrs. Hill noted that most of the stream is banked with natural vegetation and she does not see any long term impacts to the stream.
Discussed Beck, IW-020V1 132 Calhoun Street, cutting & clearing in wetlands. WEO Ajello said that an inadequate attempt/un-permitted method was made within the upland review area to remove invasives; he received a note from Mr. Beck saying that the job was done. The Commission will up-date Atty. Michael Zizka and ask him how to proceed.
The Commission will make a Site Inspection on Monday, June 28, 2004 at 4:00 p.m.
Discussed, briefly, Ross, IW-02-V4, 10 Sunny Ridge Road, wetlands restoration. WEO Ajello will make a Site Inspection and if the restoration has not been completed by the deadline on June 30, 2004, he will send a note to Atty. Michael Zizka.
Noted re Guliano, IW-04-V1, 19 Winston Drive, violation of WEO approval, that the Commission is waiting pending litigation proceedings.
Noted re Fowler, IW-04-V5, 138 Nichols Hill Road, excavation in wetlands & watercourse, that Atty. James Kelly has filed for an Appeal Hearing with the Town of Washington re the citation issued to Mr. Fowler. Members agreed that the citation was issued for a wetlands issue, not an intent issue.
Heard re Bailey, IW-04-V7, 93 Old Litchfield Road, destruction of wetlands by 'quads' that CO Ajello sent a citation but not an enforcement order as yet; he has not heard from Mrs. Bailey.
EO Report
Discussed the following briefly:
Greenfield, 12 Ives Road - brush and under-story has been cleared and piled in or near wetlands. WEO Ajello will send an Investigatory letter.
Hildmann, IW-03-15, 34 Popple Swamp Road - the fence will be made of all Locust wood/untreated.
Knudsen, IW-04-20, 236 Nettleton Hollow Road - filter fences are being installed and hay bales will be placed at the last minute. Mr. Picton asked WEO Ajello to be sure the entrance drive keeps to the permitted width and height during construction.
Santoleri, IW-03-39, 240 West Shore Road - observation showed suitable erosion controls in place and a good job being done.
Sarro, 39 Tinker Road - brush was being cleared from the lake shore line and has now ceased after a visit from WEO Ajello.
Application Procedure Form and Application Form - drafts are complete and will be reviewed by members one more time as a double check.
Lake Waramaug Dam - members agreed to ask for an application from the Town of Washington re a dam repair requested by the State DEP.
Heard re DiBenedetto, IW-03-04, that Ms. Purnell is progressing with a letter giving guidance to Mr. DiBenedetto's for his wetland project.
Nominating Committee Report - the committee puts forth the following slate of officers: Mark Picton as Chairman and Candace Korzenko as Vice-Chairman. Members agreed other candidates may be nominated before the vote, which will take place at the beginning of the next meeting on July 14, 2004.
Adjourned the Meeting at 10:53 p.m. Motion by Mrs. Gray, passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary
July 2, 2004
June 9, 2004
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, and Marguerite Purnell.
Alternates Present: Anthony Bedini, Candace Korzenko.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Addyman-Voices, Kathy Coe, Joseph Wanag, Ronald Wolff, Marc Olivieri, Lawrence O'Toole, and Mark Devlin.
Opened the meeting at 7:10 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles LaMuniere, Mark Picton, and Marguerite Purnell.
Added to the Agenda a) Show Cause Hearing Minutes of May 26, 2004 re: Fowler, IW-04-V5 to Consideration of Minutes. b) DiBenedetto, IW-03-04 to Other Business. c) Nominating Committee to Other Business. Motion by Mrs. Hill, second by Ms. Purnell, passed 5-0.
Accepted, as amended, Show Cause Hearing Minutes of May 26, 2004 re Fowler, IW-04-V5. Motion by Mr. Picton, second by Mrs. Gray, passed 5-0. Correction follow:
Under Motion to Close - add 'second by Ms. Purnell' after 'Gray.'
Accepted, as amended, Regular Meeting Minutes of May 26, 2004. Motion by Mrs. Hill, second by Mrs. Gray and passed 5-0. Corrections follow:
Page 2 - under page 1, Guliano - add 'Show Cause Hearing' after 'Guliano.'
under page 3, DiBenedetto - 'access' should be 'assess.'
under page 5, Rudin - add 'is proposed at northern entry site' after 'pad.'
Page 3 - under DiBenedetto - line 6 - 'restored' s/b 'covered.'
under Hopkins - line 8 - 'not engineering issues' s/b 'in addition to the engineering
issues which have been addressed.'
- lines 9-11 s/b 'This property is steep and the 1400 foot proposed driveway has a continuous 15% grade. Exposed ground during construction will be vulnerable to heavy rain, possibly causing a disastrous amount of silt and warmer water to rush into Sprain Brook.'
- line 17 - delete 'but not necessarily paving.'
- line 18 - delete 'erosion control mats are more effective than hay bales.'
- line 19 - 'larger' s/b 'extensive.'
- line 21 - delete 'if silt descends into the brook in very large quantities.'
- line 22 - delete 'not specified' and add 'and' before 'how.'
Page 4 - under Parent - line 5 - add 'for the violation.'
corrections May 26 Minutes con't:
- under Corax Corp.- line 5 - 'will not' s/b 'deferred voting' and add 'to the plan
- and/or more information.'
- under Steep Rock - line 2 - add 'remove invasives' after 'boards.'
- - line 5 - capitalize 'weed wrenching,' add 'TM' after
- 'wrenching.'
- under Obbard/Zeller - line 5 - 'from' s/b 'to.'
- - line 6 - 'water' s/b 'view.'
- under Ross - lines 2 to 7 delete.
- - line 8 - 'road is not going to be located as shown on the restoration
- plan' s/b 'roadway that will be removed under the approved wetlands
- restoration plan.' and add 'Mr. Ross was reminded that the Commission
- expects the restoration plan to be completed by June 30, 2004.'
Page 5 - under Devlin/Tsang - line 1 - delete 'Devlin.'
- line 2 - add 'agent,' before 'Mark,'
- line 2 to 6 - number the plans #1, #2, and #3.
- under Beck - line 2 - add 'in the restoration area.' after 'invasives,' delete 'and,'
add 'WEO Ajello reported that' before 'stumps.'
- line 3 - 'which was' s/b 'recently,' add 'and that approximately'
before '60.'
- line 5 - add 'above the wetlands' after 'hillside.'
- line 8 - delete 'also.'
- under O'Toole - line 6 - 'and to' s/b 'they
should,' 'good' s/b 'written.'
- under Guliano - line 1 - 'WEO approval violation' s/b 'violation of Wetlands Agent
approval.'
Page 6 - under Fowler - line 1 - 'to Have' s/b 'that.'
- line 4 - 'unlike' s/b 'contrary to,' 'Fowler' s/b 'Kelly.'
- line 6 - add 'WEO Ajello was asked to send a letter and a
citation.'
under Auchincloss - line 1 - 'permit' s/b 'item.'
under Levy/Kady - line 2 - delete 'buried stumps were discovered.'
Accepted, as amended, Site Inspection Minutes of June 2, 2004 re Bailey, IW-04-V7. Motion by Mr. Picton, second by Mrs. Gray, passed 5-0.
Corrections follow:
line 1 - 'Reason for Application' should be 'Reason for Inspection.'
under Members Present - spelling of 'Mark.'
Accepted, as written, Site Inspection Minutes of June 2, 2004 re Tsang, IW-04-V6. Motion by Mrs. Gray, second by Mrs. Hill, passed 5-0.
Accepted, as amended, Site Inspection Minutes of June 2, 2004 re O'Toole, IW-04-30 ATF. Motion by Ms. Purnell, second by Mrs. Gray, passed 5-0. Correction follow:
Last paragraph - line 4 - the second 'stream' s/b 'edge of the leaching field.'
DENIED, without prejudice, Meeker, IW-04-19, 269 New Milford Tpke., expand driveway & gravel. The application time period expires on June 18, 2004 and requested information had not been submitted Motion by Ms. Purnell, second by Mr. Picton, passed 5-0.
APPROVED Hopkins (Morse Estate,) IW-04-21, 313 Nettleton Hollow Road, construct driveway per the revised plans, "Driveway Plan, Joseph Wanag, Site Development Plan, Grading, Sedimentation and Erosion Control Plan by Ronald Wolff, P.E., dated 3-4-04, revised 5-20-04 and 6-6-04" and with the following conditions: 1) A pre-construction conference with WEO Ajello, the owner, and the contractor, is to be held to ensure that construction methods are clear to all parties. 2) Additional sedimentation and erosion measures may be required by WEO Ajello during the project. He may also ask for inspections and reports by the permitee's professional engineer as needed. 3) The limit of disturbance shown on the plan is also to be the limit of clearing. 4) A $14,000.00 bond, as described in Ronal Wolff's revised letter of June 7, 2004 and as described in Land-Tech Consultants' letter of June 7, 2004, is to remain with the Town of Washington until the projects completion. 5) Once begun, each phase must proceed without delay. Motion by Mr. Picton, second by Mr. La Muniere, passed 4-1-0.
Ms. Purnell voted 'nay' because of possible long term impacts to Sprain Brook associated with this property's constraints; the 1400 foot driveway runs between steep slopes and the brook; the overland rock-lined swale will eventually fill in with silt and not function; water discharge from the driveway will contain oil / grease from vehicles and sand / salt from plowing; there are fears that water run-off from the driveway and development clearing will cause thermal impacts and an alteration in the hydrograph.
Members reviewed the revised plans and bond analysis submitted tonight by Ronald Wolff, PE. Mr. Wolff designed three stages for construction work, added details to the construction sequence, and added additional sedimentation and erosion controls. Mr. Picton report on his conversation with Robert Oley, PE., regarding the installation of additional culverts - Mr. Oley recommended one engineered flow of water for this driveway steeply sloped because water might overshoot smaller culverts. Ms. Purnell explained her concerns for expected long term impacts to Sprain Brook. Members asked that a copy of the plans be given to WEO Ajello and the contractor.
Heard, re: Parent, IW-04-23 ATF, 71 Calhoun Hill Road, install driveway stone, clear house and driveway site, that no new information has been submitted since WEO Ajello's 6-1-04 letter. The Commission is waiting for an engineered plan and a complete wetlands survey.
Heard, re: Corax Corp., IW-04-24, 248 West Shore Road, house renovations / install generator, that WEO Ajello talked to agent, Paul Manson who said he will be going back to ZBA with new pleas. A property survey showed that lot coverage is no longer an issue. The Commission will wait for a decision by ZBA before acting on the application.
Mr. Picton recused himself from this discussion because Picton Bros. may bid on the proposed work.
VOTED, re: Obbard/Zeller, IW-04-27 E, 148 A Whittlesey Road, construct dwelling, that this property is not subject to the Inland Wetlands Commission's jurisdiction. No work is proposed in the regulated area or in the upland review area and no potential threat to the regulated area or in the upland review area is seen. Motion by Mr. Picton, second by Ms. Purnell, passed 5-0.
Members discussed, with contractor, Marc Olivieri, revised plans, "Proposed Plot Plan,
Obbard & Zeller, 148A Whittlesey Road by Brian E. Neff, PE., dated 4-30-04, revised 6-3-04." Mr. Olivieri confirmed that no clearing will be done for views and no clearing or grading will be done beyond the limit of tree clearing / soil disturbance line. Ms. Purnell said that once development is completed, no work will be done near wetlands or watercourses, therefore, she saw no potential impacts.
Heard, re: Adams, IW-04-28 ATF, 136 West Shore Road, replace pipe & stone, that WEO spoke to Anne Adams about the items she needs to submit to the file: it was noted there are phragmites sprouting up around the catch basin next to the parking lot. Members asked Mr. Ajello to request a planting plan that includes removal of invasives and a $120.00 After The Fact Application supplemental fee.
Heard, re: Young, IW004-29, 113 Litchfield Tpke., dry hydrant, from WEO Ajello that Janet Young expects Duncan Woodruff, of the WVFD-Water Resources Committee, to submit a sketch and measurements.
Discussed O'Toole, IW-04-30 ATF, 46 Kielwasser Road, septic repair, install septic system, repair stone wall, re-vegetation, with Lawrence O'Toole. He submitted a revised sketch and added new activities to the application: 1) Facing off an existing concrete bridge wall with stone. 2) Adding a deck and stairs to the existing garage at the western corner of the back wall. 3) Replacing an existing porch and stairs on the side of the garage with a covered porch and stairs. Mrs. Korzenko objected to adding new activities to an After The Fact Application but Mrs. Hill pointed out that the Commission had accepted other After The Fact Applications with new activities. WEO Ajello will advise Mr. O'Toole of the additional information needed by the Commission.
Discussed Tsang, IW-04-V6, 137 Upper Church Hill Road, excavation, clearing, deposition in wetlands, with agent, Mark Devlin, AIA. Mr. Devlin submitted a letter from Mr. Tsang, dated 6-7-04, authorizing him to act as his agent and a revised plan, "Wetlands Remediation Plan, Tsang Residence, 137 Upper Church Hill Road by Mark A. Devlin, AIA, revised 6-7-04." WEO Ajello pointed out that the location of existing stones prevents mowing in the wetlands. Members said: 1) Wetlands and buffer areas are to be allowed to re-vegetate naturally; blueberry bushes and blue iris may be planted in the wetland; planting is best done in groupings of three or five. 2) The 35 foot setback area is not to be mowed. 3) Piled stumps are to be removed without compromising the natural ground level - therefore, the bottom layer of stumps may have to remain.
WEO Ajello will write a letter to Mr. Tsang listing the Commissions' requests as stated at tonight's meeting.
Heard, re: Beck, IW-02-V1, 132 Calhoun Street, cutting & clearing in wetlands, that WEO Ajello spoke with Julian Beck about removing invasives out of the wetlands - there was no resolution; a citation is being drawn-up; a copy will be sent to Atty. Michael Zizka.
Heard, re: Ross, IW-04-V4, 10 Sunny Ridge Road, wetlands restoration, that no work has been done to complete the restoration. Members noted the June 30, 2004 deadline. Mr. Ajello will make another site inspection.
Decided, re: Guliano, IW-04-V1, 19 Winston Drive, violation of Wetlands Agent approval, to ask Atty. Michael Zizka to speak to Mr. Guliano's attorney on this matter
Noted, re: Fowler, IW-04-V5, 138 Nichols Hill Road, excavation in wetlands & watercourse, that a citation was sent June 1, 2004. The Commission is waiting for a remediation plan.
Decided, in re: Levy/Kady, IW-04-V6, 129 Wykeham Road, deposition in & near wetlands, that responding to Mr. Kady's request for a written statement that the restoration is complete, Ms. Moquin will send a copy of the relevant page of the May 26, 2004 meeting minutes.
Discussed Bailey, IW-04-V7, 93 Old Litchfield Road, destruction of wetlands by 'quads,' noting the severity of the damage as observed on their June 2, 2004 site inspection. Members said: 1) The breech in the stone wall is to be repaired. 2) Logs are to be removed from the brook. 3) Vegetation is to be allowed to re-grow. 4) The ruts are to be repaired , as much as possible, by hand raking. WEO Ajello will send a letter with these requests. A citation will also be sent.
Reviewed the WEO REPORT - Mr. Ajello will ask Mr. and Mrs. Hildmann, permit IW-03-14 ATF, the type of fence they will use and how it will be installed.
Discussed DiBenedetto, IW-03-04, basic guidance draft by Ms. Purnell. All agreed the final letter shall include the following: 1)No mowing is to be done in the pilot project area. 2) The native woodland understory is to be allowed to re-grow and no sapling stumps are to be removed. 3) Only invasives are to be removed by hand - cut individually. 4) A re-request for a planting plan. 5) Language from the original permit.
Ms. Purnell will fax the final draft to each member for review; Mrs. Hill will sign it for the Commission.
Heard, in re: Fish, IW-03-42, 201 Wykeham Road, permit violation, that Mr. Fish has put up conservation area markers every fifty feet. They are laminated but will last five to ten years, Mr. Ajello thinks.
Appointed by Mrs. Hill, members Mr. Bedini, Mrs. Gray, and Ms. Purnell to the Nominating Committee for the election of a new Chairman and Vice-Chairman at the July 8, 2004 meeting.
ADJOURNED the meeting at 10:31 p.m. Motion by Mr. La Muniere, passed 5-0.
FILED SUBJECT TO APPROVAL Respectfully submitted, Katherine Moquin 6-18-04
May 26, 2004
SHOW CAUSE HEARING
Re: Fowler, IW-04-V5, 138 Nichols Hill Road, excavation in wetlands & watercourse.
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Marguerite Purnell, and Mark Picton at 6:47 p.m.
Alternates Present: Candace Korzenko.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Carl Fowler, Atty. James Kelly.Opened the meeting at 6:45 p.m., Chairman Hill presiding.
Seated members present - Mrs. Hill, Mrs. Gray, Mr. LaMuniere, Ms. Purnell, and alternate Mrs. Korzenko for Mr. Picton. Mr. Picton seated at 6:47 p.m.
Carl Fowler and Atty. James Kelly were present. Atty. Kelly presented a history of the activities which have taken place and reasons for pursuing these activities, mainly that even the house, having been built before regulations, is located in wetlands soils and the basement has been flooding, requiring drainage work which needs to continue. Carl Fowler was unaware of his responsibility to apply for an Inland Wetlands permit and is now ready to cooperate. Mr. Picton said that they are not judging intentions but they are judging the impacts to wetlands. Mrs. Hill pointed out that the purpose of this hearing is to give Mr. Fowler a chance to show cause why the Enforcement Order should not remain in effect.
CLOSED the Hearing at 7:05 p.m. Motion by Mrs. Gray and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin
June 4, 2004REGULAR MEETING
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, and Marguerite Purnell.
Alternates Present: Candace Korzenko.
Alternates Absent: Anthony Bedini.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Joseph Wanag, Ronald Wolff, Donna Parent, Michael Parent, Natalie Dyer, Susan Branson, William Ross, Mark Devlin, and Lawrence O'Toole.Opened the meeting at 7:10 p.m., Chairman Hill presiding.
Seated members present -Dorothy Hill, Helen Gray, Charles LaMuniere, Mark Picton, and Marguerite Purnell.
ADDED to the Agenda a) Regular Meeting Minutes of April 28, 2004 to Consideration of Minutes. b) Executive Session to Other Business. Motion by Ms. Purnell, second by Mr. Picton and passed 5-0.
Accepted, as amended, Regular Meeting Minutes of April 28, 2004. Motion by Mr. Picton, second by Ms. Purnell and passed 5-0.
Corrections as follows:
Page 2 - under Accepted Site Inspection Minutes re Knudsen - line 3 - add 'and has
recused herself from discussion on this application ' after 'inspection'
under DiBenedetto - line 6 - add ' and timing of planting' after 'used'
Page 3 - under Ingrassia - line 1-5 should be 'Ms. Purnell voted nay as she is the only
member who was on the Commission when past
activities were permitted. The path along the back of
the barn was originally permitted as a temporary
roadway to provide construction access, the armoring
was to be removed and the area allowed to re-vegetate.
line 7 - add 'dated 4-23-04' after 'plan' and '2)' s/b 'The re-
naturalized buffer starting at twenty feet north of the
24 inch RCP as shown'
line 9 - delete 'a' before 'sheet'
Page3 - under Montessori School -line 11 - 're-vegetate' s/b ' naturalize'
- numbers '1) to 5)' s/b '1) to 6)'
Page 4 - under Mrs. Hill recused herself - 'because at a previous meeting, she told Eric
Nelson that she is not in favor of this proposal' s/b ' from
the following discussion' and add ' and seated Mr. Bedini in her place' after 'chair'
under Knudsen - line 6 - delete 'Charles La Muniere' and 'are' s/b 'is'
corrections April 28, 2004 minutes con't:
Page 4 - under Mr. Picton unseated - delete 'Mr. Picton unseated Mr. Bedini and' and add 'her seat and' after 'resumed'
Page 5 - under Gatto - last line - delete 'and the Commission needs to do its job properly'
Page 6 - under Levy/Kady - line 2 / 3 - delete 'behind the stone wall' and add 'recently
before 'evergreens'
under 137 Upper Church Hill Road - add 'Devlin/Tsang' before '137'
Accepted, as amended, Regular Meeting Minutes of May 12, 2004. Motion by Mrs. Gray, second by Ms. Purnell and passed 4-0-1. Mr. LaMuniere abstained as he did not attend this meeting. Corrections as follows:
Page 1 - under Alternates Absent - delete 'Robert Weber'
under Guliano - line 4 - 'up hillside' s/b 'uphill side' and add 'of the swale' after 'side'
line 12 - 'drain' s/b 'swale'
Page 2 - under Seated - spelling of 'Gray'
under Motion - line 4 - add 'Form' after 'Application'
Page 3 - under DiBenedetto - line 3 - add 'to access compliance with the previous permit' after
'needed'
under Washington Parks & Rec. - line 4 - spelling of 'Worcester'
line 8 - add 'site' after 'well'
Page 4 - line 2 - add 'No regulated activities are proposed in the current Beck re-subdivision
plan'
under Rudin - line 3 - add 'south side of the ' before 'property'
under Meeker - last line - add 'WEO Ajello will inform Mr. Meeker of the
Commission's requirements'
Page 5 - under Hopkins - last line - add 'of May 5, 2004' after 'letter'
under Steep Rock Association - line 3 - 'a' s/b 'section of
line 4 - 'would' s/b 'will'
line 5 - 'set' s/b 'sit'
under Parent - line 4 - capitalize 'notice of violation'
under Corax Corp. - last line - commas after 'gutters' and 'management' and
delete 'and storm' and add 'and possible mitigation for
increased impervious lot coverage' after 'management'
under Rudin - line 2 - add 'The entry site will be a 30 x 12 foot gravel tracking pad'
after 'record'
Page 6 - 1st paragraph - line 9 - 'to' s/b 'near'
Page 7 - under Fowler - last line - add 'Mr. Ajello, as Wetlands Citation Officer, will also issue
a citation to Mr. Fowler.
under Motion - spelling of 'Gray'
Accepted, as written, Site Inspection Minutes of May 18, 2004 re: DiBenedetto, IW-04-03. Motion by Mrs. Hill, second by Ms. Purnell and passed 5-0.
DENIED DiBenedetto, IW-04-03, 212/214 Calhoun Street, remove invasives, vines, dead trees/prune, because the pilot project, permit IW-03-04, has not yet been shown to be successful; an evaluation might require another growing season. Motion by Mr. Picton, second by Mrs. Gray and passed 5-0.
Mrs. Korzenko submitted photos (seven on two composite sheets) taken on the 5-18-04 site inspection where members observed the area restored under the current permit, IW-03-04, to be lawn with invasives growing. They agreed that if the invasives cannot be controlled without turning a wooded wetlands into lawn, then the woodland should be left alone; furthermore, grass was not part of the planting plan and more growing time is needed for a better analysis. Ms. Purnell offered to put in writing some guidance for continuing work and planting in the area under permit IW-03-04.
Discussed Meeker, IW-04-19, 269 New Milford Tpke., expand driveway & gravel. WEO Ajello said that chemicals and all storage have been removed from the back yard and vehicles are using the proposed parking area. Members requested a map to show the distances to the river from the parking area and proposed fence and a new site plan which includes the items requested at their last meeting on 5-12-04.
Discussed Hopkins (Morse Estate), IW-04-21, 313 Nettleton Hollow Road, construct driveway, with agent, Joseph Wanag and Ronald Wolff, PE. Members noted and agreed with the report of May 25, 2004 from Robert B. Oley, PE, Land-Tech Consultants, which stated that Ronald Wolff, PE, adequately addressed those concerns stated in their May 3, 2004 commentary. Members complimented Mr. Wolff for doing excellent work. The revised plans, "Driveway Plan, Joseph Wanag, Site Development Plan, Grading, sedimentation and erosion control plan, 313 Nettleton Hollow Road by Ronald Wolff, PE., dated 3-4-04, revised 5-20-04" were reviewed in detail and members decided that very careful planning for some wetlands issues, not engineering issues, needed to be done; this property with its 15% grade (for the most part) and the 1400 foot proposed driveway and this great length of exposed ground during construction would be vulnerable to heavy rain, which should not be unexpected and could possibly cause a disastrous amount of silt and hot water to rush into Sprain Brook; furthermore, there are important long term wetlands issues that also need to be considered. Members requested the following: 1) A much more detailed driveway construction sequence depicted on the above cited plan, including the phasing / staging of driveway work into three sections - one section to be done at a time and each section to be completely stabilized before starting work on the next section - including drainage controls and a gravel layer but not necessarily paving. 2) More effective temporary sediment and erosion control measures; erosion control mats are more effective than hay bales. 3) More effective and larger sediment and erosion control measures in the swale water flow line. 4) Bonding for construction work and/or for restoration of the brook if degradation of Sprain Brook occurs - if silt descends into the brook in very large quantities. 5) Identify the limit of disturbance not specified.- how much ground would be bared at any one time: a) Amount of temporary disturbance before stabilization. b) Permanent limit of clearing - where site changes are proposed and which areas will remain intact and undisturbed.
Discussed Parent, IW-04-23 ATF, 71 Calhoun Hill Road, clear house & driveway site, install stone, with Donna and Michael Parent, who are in the process of consulting Brian Neff, PE., re the survey and bridge wing walls; The soil science report is not yet complete; All activity is on hold per WEO Ajello's directive and they will submit a fee for this after the fact application. Members asked WEO Ajello to issue a citation.
Discussed Corax Corp., IW-04-24, 248 West Shore Road, house renovations / install generator. WEO Ajello said that the ditch to the generator is already filled in and the location of the generator is subject to Zoning and ZBA issues. Members asked for more detailed information re what was done and where the generator will be permanently located; members will not vote pending further changes.
APPROVED Rudin, IW-04-25, 328 Nettleton Hollow Road, entry site, as submitted and per the description received on 5-11-04. Motion by Ms. Purnell, second by Mrs. Gray and passed 5-0. Members agreed that adding additional stone at the entry site will decrease the amount of sediment entering the wetlands. Ms. Purnell does not think this involves any impact to the wetlands.
APPROVED Steep Rock Association, IW-04-26, Steep Rock/Hidden Valley/Macricostas Preserve, four info boards, as submitted and per: a) The letter dated 5-10-04. b) The description and Management Plans for Hidden Valley Parking Area received on 5-25-04. Motion by Mr. Picton, second by Mrs. Gray and passed 5-0. Susan Branson, Executive Director, and Natalie Dyer, Board Member, described their methods -weed wrenching, hand digging, cutting, hand pulling, and smothering for removing invasives; the work will take place over a three year period with the 130 x 30 foot area divided into four sections; no mowing or weed whacking will be done. Ms. Purnell thinks there is minimal impact involved because both the installation of the info board posts and the removal invasives will be done using only hand work.
Discussed Obbard/Zeller, IW-04-27 E, 148 Whittlesey Road, construct dwelling. WEO Ajello walked the property last year and members reviewed the map, "Proposed Plot Plan, Obbard & Zeller Residence, 148A Whittlesey Road by Brian E. Neff, PE., dated 4-30-04." noting that all activity is proposed not closer than 200 feet from the Shepaug River and all of the existing logging road / driveway is not closer than 150 feet from the river. Members requested the limit of clearing, the limit of ground disturbance, and any water shed clearing be depicted on the above cited map. WEO Ajello will make another site visit.
Discussed Ross, IW-02-V4, 10 Sunny Ridge Road, wetlands restoration, with William Ross, who proposed moving a section of the existing wood road to accommodate the remaining restoration; this would involve removing three or four small trees farther from the wetlands - a second row of trees so that the first row of trees, facing the sun and with low lying branches, could remain. The new section of wood road would run along the back side of the first row of trees. Members reviewed the as-built and approved plan, "Site Plan - Wetlands Restoration, Ross Residence, 10 Sunny Ridge Road by Curtiss B. Smith, LS.,PE., dated 5-2-03, revised 5-28-03." Members requested an application and a statement that the wood road is not going to be located as shown on the restoration plan.
Discussed Devlin/Tsang, IW-04-V6, 137 Upper Church Hill Road, excavation, clearing, deposition in wetlands, with Mark Devlin, who submitted three maps, Site Plan, Tsang Residence, 137 Upper Church Hill Road by Mark A. Devlin, Architect, dated 5-20-04," "Wetlands Remediation Plan, Tsang Residence, 137 Upper Church Hill Road, by Mark A. Devlin, Architect, dated 5-26-04," and "Site Plan, Tsang Residence, 137 Upper Church Hill Road by Mark A. Devlin, dated 5-26-04" and eight photos of the cleared areas; the wetlands are flagged in the cleared areas but not beyond. In place of the multi-flora rose which he removed, he would like to plant blueberry bushes
The Commission will make a Site Inspection on Wednesday, June 2, 2004 at 6:00 p.m.
Heard, in re: Beck, IW-02-V1, 132 Calhoun Street, cutting & clearing in wetlands, from WEO Ajello that no work has been done to remove invasives and stumps have been removed all the way down the hill in the area which was harvested / 60 pines were planted - WEO Ajello directed Mr. Beck to mulch the area to prevent erosion. Members agreed that the stumping of the hillside puts this area within their jurisdiction.
Mr. Beck has not complied with the Commission's written directives of September 30, 2002, January 15, 2003, and August 8, 2003 to remove invasives from the cleared wetlands; WEO Ajello has also contacted Mr. Beck in person many times re the removal of invasive species from the wetlands, where clearing gave invasives a chance to flourish. Members asked WEO Ajello to issue a citation and a warning that the Commission will go to court if he does not comply; a copy will be sent to Atty. Michael Zizka.
Discussed O'Toole, 46 Kielwasser Road, septic repair, install septic system, repair stone wall, with Lawrence O'Toole, who did not understand that streams were included in wetlands regulations; rocks from a septic repair were piled 10-20 feet from the side of a stream in preparation for repairing a stone wall. A new septic system has been installed. Members requested an after the fact application for the septic system, septic repair, stone wall repair and plans for re-vegetation and to include good descriptions, distances, quantities of material, and a designed buffer area. WEO Ajello said that he cannot discern any impact to the stream.
The Commission will make a Site Inspection on Wednesday, June 2, 2004 at 6:30 p.m.
Heard, in re: Fish, IW-04-V2, 201 Wykeham Road, timber harvest near wetlands, permit violation, form WEO Ajello that Mr. Fish has submitted a sample sign, which reads - Forest Preservation Area No Vegetation Cutting and a proposal to post the signs every 100 feet. Members agreed to accept the sign design with a request that the signs be made of durable material such as plastic or metal and be posted every 50 feet.
Heard, in re: Guliano, IW-04-01, 19 Winston Drive, WEO approval violation, that Mr. Guliano has not replied to his letter of May 17, 2004, stating the Enforcement Order is to remain in effect.
Heard, in re: Adams, IW-04-V4, 136 West Shore Road, excavation & deposition in wetlands, from WEO Ajello that no new information has been submitted.
VOTED to Have the Enforcement Order Remain In Effect re: Fowler, IW-04-V4, 138 Nichols Hill Road, excavation in wetlands & watercourse, until the situation is resolved. Motion by Ms. Purnell, second by Mr. Picton and passed 5-0. WEO Ajello said that work had been done this Spring, 2004, unlike the statement made by Atty. James Fowler at the Show Cause Hearing tonight. Members requested an engineered plan for restoration, a site plan and survey, and a wetlands delineation.
Decided, in re: Auchincloss, IW-03-57, 5 Kielwasser Road, permit violation, that this permit will be taken off the agenda because WEO Ajello will hear from agent, Bruce Bennett before work resumes.
Heard, in re: Levy/Kady, IW-03-V6, 129 Wykeham Road, deposition in & near wetlands, from WEO Ajello that the restoration was completed on May 13, 2004; buried stumps were discovered. Ms. Purnell re-submitted five photos taken in the summer of 2001 which were missing from the file, IW-97-VO4.
Decided, in re: Randall, IW-03-V12, 53 River Road, disturbing wetlands soils / mowing in wetlands soils, to take this violation off the agenda until the Conservation Easement is submitted.
Heard, in re: Bailey, IW-04-V7, 93 old Litchfield Road, destruction of wetlands by 'quads,' from WEO Ajello that Mrs. Bailey submitted a letter, received 5-26-04, offering her full co-operation. As well as loss of vegetation and deep rutting in the wetlands, Mallory Brook sustained one or two spots of bank erosion; some trees were cut.
The Commission will make a Site Inspection on Wednesday, June 2, 2004 at 5:30 p.m.
Discussed, briefly, the Application Procedure Form. Mr. Picton suggested an 8 1/2 x 11 inch page which he thinks is easier to use than the brochure format. Members will put suggestions in writing and be prepared to finalize approval at the next meeting on June 9, 2004.
ADJOURNED the Meeting at 11:13 p.m. Motion by Mrs. Gray and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary June 4, 2004
May 12, 2004
Members Present: Chairman Dorothy Hill, Helen Gray, Mark Picton, Marguerite Purnell
Members Absent: Charles LaMuniere
Alternates Present: Anthony Bedini, Candace Korzenko
Alternates Absent: Robert Weber
Staff: Mike Ajello, Pamela Osborne
Also Present: Pasquale Guliano, Tim Cook, William Worcester, Joseph Wanag, Ronald Wolff, Susan Branson, Natalie Dyer, Paul Manson, Jackie Adams, public & pressSHOW CAUSE HEARING
Chairman, Dorothy Hill opened the Show Cause Hearing at 6:45pm.
Seated: Members Dorothy Hill, Helen Gray, Mark Picton and Alternates Anthony Bedini and Candace Korzenko
Guliano, IW-04-VI, 19 Winston Drive, drainage beyond permit, Mr. Guliano was present and used a hand drawn map to explain the work he applied for in July of 2003, to re-trench and armor the drainage swale. Mr. Guliano stated that he intends to move soils placed on the up hillside by his contractor, when the area is solid enough. Ms. Hill asked about the 2 sets of pipes in question. Mr. Guliano states that there are (2) 4" PVC pipes in the bottom of the trench which runs 399' down his property line and an existing set of pipes coming from the house which Mr. Ajello stated are a curtain drain and septic drain according to the septic plan he saw. Mr. Picton tried to clarify what was approved by Mr. Ajello in the field. Mr. Ajello spoke with Mrs. Guliano and at first she stated that there would be no piping, Mr. Guliano interjected that his wife didn't have knowledge of the project. Mrs. Guliano signed the application. Mr. Ajello stated that the original letter of intent simply stated that the project was to dig out and repair the existing drain (which had no pipes) and they would not alter the course of run off or the final destination of the water. Mr. Picton asked about the depth of the piping, does it act as a curtain drain, which becomes subsurface drainage? Mr. Guliano states the piping is 3' below the swale and filled with crushed stone. Mr. Picton feels there was inadequate documentation in the field; the applicant was given approval to restore a swale the length of his property. The discrepancy is the curtain drain at the bottom of the swale. The swale passes close to wetlands and a curtain drain would tend to drain ground water from adjacent areas as well as catching surface water. Mr. Ajello has no problem with the piping or the drain but the water needs to return to its original course. Mr. Guliano has removed some piping and filled the trench with stone. Mr. Guliano can only have limited discussion because of pending litigation but he stated that he will not correct a pre-existing drainage problem on an adjacent property.
MOTION: to close the show cause hearing for Guliano, IW-04-VI, 19 Winston Drive, drainage beyond permit was made by Ms. Gray, seconded by Ms. Korzenko and passed 5-0.
REGULAR MEETING
Dorothy Hill, Chairman opened the meeting at 7:10pm.
Seated: Members Dorothy Hill, Helen Gary, Mark Picton, Marguerite Purnell and Alternate Candace Korzenko
MOTION: to add to the Agenda: Rudin, IW-04-25, 328 Nettleton Hollow Road, entry site and Steep Rock/Hidden Valley/Macricostas Preserve, IW-04-26, four info boards, under New Applications; Executive Session and New Application under Other Business, was made by Ms. Purnell, seconded by Ms. Korzenko, passed 5-0.
CONSIDERATION OF MINUTES
Members corrected the minutes of the April 28, 2004 Regular Meeting as follows:
Page 2: After the corrections, paragraph three the last sentence should read; Mrs. Hill abstained as she did not attend the site inspection and has recused herself from discussion on this application.
paragraph four the last sentence should read; She said that successful planting also depends on the method used and timing of planting.
Page3: Under Montessori School, IW-01-08, the third line should read; to naturalize and to be augmented ....
Page 4: The third paragraph should read; Mrs. Hill recused herself at 9:37p.m. from the following discussion. Mr. Picton assumed the chair and seated Mr. Bedini in her place.
The third paragraph, line eight should read; beginning of the access-way, WEO Ajello is to be notified.
The fifth paragraph should read; Mrs. Hill resumed her seat and the chair at 10:06p.m.
Page 6: The third paragraph, line two, should read; not returned WEO....planted trees three feet from the watercourse. Ms. Purnell said that recently evergreens were...
the sixth paragraph should read; Tsang/Devlin 137 Upper .....
Members need clarification on page (3), paragraph (2), regarding the wording of #2. They will seek documented clarification for the setback before accepting the minutes.
MOTION: to accept as written site inspection minutes of April 8, 2004 Re: Beck, IW-04-16 by Ms. Hill, seconded by Ms. Korzenko, passed 5-0.
A minor spelling error in the second paragraph, second sentence pallets should replace palates.
MOTION: to accept as amended site inspection minutes of April 7, 2004 Re: Meeker, IW-04-19 by Ms. Hill, seconded by Ms. Gary, passed 5-0.
MOTION: to accept as written site inspection minutes of April 7, 2004 Re: Parent, IW-04-23, by Ms. Hill, seconded by Mr. Picton, passed 5-0.
MOTION: to accept as written site inspection minutes of April 7, 2004 Re: Levy/Kady IW-03-V6, by Mr. Picton, seconded by Ms. Gary, passed 5-0.
PENDING APPLICATION
DiBenedetto, IW-04-03, 212/214 Calhoun Street, remove invasives, vines, dead trees/prune. No new information has been submitted by the applicant. Mr. Ajello has noted the planting of trees. Members agreed that a site visit is needed. It was decided to do a site visit on Tuesday May 18, 2004 at 8:30am.
Washington Parks & Rec., IW-04-05, School Street, pavilion improvements. Tim Cook and William Worcester were present to represent this applicant. Mr. Cook brought with him a site plan map and soil scientist report. The proposed improvements are 80' from the wetland boundary and there will be no pitch or change of grade. Mr. Worchester pointed out the proposed septic and added that health approval has already been obtained. Mr. Cook was questioned about a catch basin which he stated was not near the proposed improvements. There is a proposed well to be drilled at the edge of the wetlands, it was noted that the well will be muddy and runoff needs to be controlled and kept away from the wetlands. There was discussion on soil and erosion control. Mr. Worcester noted and initialed soil and erosion control he added to the site map.
MOTION: to approve Washington Park & Rec., IW-04-05, School Street, pavilion improvements, per revised site plan map dated May 2004, by Mr. Picton, seconded by Ms. Purnell, passed 5-0.
Beck, IW-04-16, 129 Calhoun Street & Ives Road, site development/subdivision. Ms. Korzenko spoke with Susan Payne, Chairperson of the Conservation Commission, about this application. Ms. Payne stated that her commission would rather take a fee-in-lieu of open space for this property. Members discussed incorporating all wetlands into the conservation easement, although the wetlands are already protected. Mr. Picton will write an advisory letter to the Planning Commission about conservation easements when subdividing.
MOTION: to approve Beck, IW-04-16, 129 Calhoun Street & Ives Road, site development/subdivision, per map dated April 5, 2004, by Mr. Picton, seconded by Ms. Purnell, passed 5-0.
Rudin (Dune Trust), IW-04-17, 328 Nettleton Hollow Road, install deer fence & pool fence. Mr. Ajello walked the entire property. He noted an intermittent watercourse that goes under ground inside the fence and reappears off the property. A new map dated May 12, 2004 was submitted with redrawn wetlands as requested at the April 28, 2004 meeting.
MOTION: to approve Rudin (Dune Trust), IW-04-17, 328 Nettleton Hollow Road, install deer fence & pool fence, per map resubmitted May 12, 2004 with revisions requested at the April 28, 2004 meeting and the condition that fence posts within 100' of wetlands be hand dug, by Mr. Picton, seconded by Ms. Gary, passed 5-0.
Robinson, IW-04-18, 88 Clark Road, install deer fence. The applicant, Mr. Robinson has submitted a new map and letter. Mr. Ajello walked the property with Mr. Robinson. There are wetlands both inside and outside the proposed fence. Mr. Ajello reminded members that this fence is not a pool fence but deer fence only and felt that cedar posts were not a good idea because of their short life expectancy, they will break off at ground level in just a few years. Mr. Robinson and Mr. Ajello spoke about pressure treated posts which Mr. Robinson stated he would sleeve in PVC pipe, using stones for support and put a copper cap over in wetland areas. Ms. Purnell was quite concerned about the contaminated runoff from both the pressure treated wood and copper which would be lethal to organisms.
MOTION: to approve Robinson, IW-04-18, 88 Clark Road, install deer fence, per revised map received May 7, 2004 with three conditions: 1) no pressure treated posts are to be used within 50' of wetlands 2) fencing in wetlands areas between the house and Clark Road and at the southeast corner of the enclosure should be kept 30' from wetland boundary to the extent possible 3) postholes within 100' of wetlands to be hand dug, by Mr. Picton, seconded by Ms. Gray, passed 5-0.
Meeker, IW-04-19, 269 New Milford Trpk., expand driveway & gravel. Ms. Hill read a letter from ZEO Janet Hill, dated May 10, 2004 into the record. Ms. Korzenko submitted photos taken on May 7, 2004 for the record. Mr. Picton stated that the proposed parking area needs to be staked. There needs to be a management plan for the storage of the chemicals. Members are concerned with the stream that runs along the rear of the property. There needs to be a barrier to keep encroachment away from the stream. Ms. Purnell would like more information on anticipated traffic and parking.
Hopkins (Morse Estate), IW-04-21, 313 Nettleton Hollow Road, construct driveway. Ronald Wolff and Joseph Wanag were present to represent this applicant. Mr. Wolff and members of the commission had just received copies of the letter dated May 3, 2004 from Robert B. Oley, PE of Land-Tech Consultants, Inc. Mr. Wolff touched briefly on a few points in the letter but wants more time to review and prepare a written response to Mr. Oley's letter. Mr. Picton had concerns about discharging into the stream. He felt that more cross culverts would be better. Ms. Purnell reminded members of the potential for thermal impacts. Mr. Wolff brought forward alternative plans that had been drawn up. Most ran into grading problems, building on this hillside is tough. Mr. Picton will write to Mr. Oley about his concerns and Mr. Wolff will prepare a written response to Mr. Oley's letter.
Steep Rock Association, IW-04-22, Litchfield Tpke/Macricostas Preserve, construct platform. Susan Branson and Natalie Dyer were present to represent this applicant. Ms. Dyer marked the location of the proposed platform on the topo map and stated that a boardwalk would be needed in some areas to reach the platform in the northeast corner of the cornfield. The boardwalk will be constructed of white oak, 2 boards wide and will set on the ground.
MOTION: to approve Steep Rock Association, IW-04-22, Litchfield Tpke/Macricostas Preserve, construct platform with up to 250' of boardwalk, by Mr. Picton, seconded by Ms. Korzenko, passed 5-0.
Parent, IW-04-23 ATF, 71 Calhoun Hill, install driveway stone, clear house site & driveway. Members received copies of the site inspection report and Ms. Korzenko submitted pictures of the site. Members deferred discussion on this application. Mr. Ajello will issue a notice of violation and request a completed application and additional fees.
NEW APPLICATIONS
Corax Corp., IW-04-24, 248 West Shore Road, house renovations/install generator. Paul Manson was present. Mr. Manson proposes to connect his existing main house to his existing guest house. Mr. Manson explained that at present there is 110 sq. ft. of flagstone and a chimney in the area of the proposed connection site. He estimates that the lot coverage increase will be 57 sq. ft. Mr. Ajello has no concerns about the proposed additions. Ms. Purnell asked about gutters and storm water management.
Rudin (Dune Trust), IW-04-25, 328 Nettleton Hollow Road, entry site. Mr. Picton read a letter received May 1, 2004 from Kent Greenhouse & Gardens into the record. Ms. Purnell made reference to geo grids. The area of the proposed entry site will be 30'x12'. Members voiced concern that stock piling of materials and work be done away from the wetlands.
Steep Rock Assoc., IW-04-26, Steep Rock/Hidden Valley/Macricostas Preserve, four info boards. Susan Branson and Natalie Dyer were present to represent this applicant. Ms. Gray read a letter dated May 10, 2004 from Susan Branson, Executive Director of Steep Rock explaining the proposed boards. Pictures of the proposed sites of the board locations were submitted. Steep Rock plans to install 4 new info boards, one each at Steep Rock and Hidden Valley and two proposed in the future for Macricostas Preserve. The existing 3 info signs at Steep Rock and Hidden Valley will be removed and replaced with 2 new ones. Discussion moved on to the removal of invasives and proposed replanting of natives at the Hidden Valley site. Ms. Dyer plans to remove invasive barberry and replant with a native buffer. The area in question is approximately 100' x 100' located near the foot bridge leading into Hidden Valley to the Shepaug Bridge. Ms. Dyer added that she would be doing this manually. Members asked for clarification on removing, replanting and area of proposed eradication for the next Inland Wetland meeting.
ENFORCEMENT
Report - see file
Tsang/Devlin, 137 Upper Church Hill Road, Mr. Ajello inspected this site and spoke with Mr. Devlin who stated he has Inland Wetland permits. Approximately half an acre has been cleared in apparent wetland soils. Mr. Ajello will send a notice of violation. Delineation of wetlands, a soil scientists report, discontinuation of activity, and an application are required.
Beck, IW-02-VI, 132 Calhoun Street, cutting & clearing in wetlands - no new information.
Ross, IW-02-V4, 10 Sunny Ridge Road, wetlands restoration - Mr. Picton read a letter dated April 29, 2004 from Ann H. Zucker Esq. of Carmody & Torrance LLP, who represents Mr. and Mrs. Ross. Members were in agreement that Mr. and Mrs. Ross need to comply with the plan for restoration of wetlands approved at the June 11, 2003 meeting of the Inland Wetlands Commission; deadline for this restoration will be June 30, 2004. Chairman Dorothy Hill will contact Aimee L. Hoben at Murtha Cullina LLP, Inland Wetlands representative with information.
Guliano, IW-04-V1, and 19 Winston Drive, EO approval - Mr. Ajello would like to see the water returned to its original course. Members agreed that the enforcement order remain in effect. There needs to be an application submitted with a map flagging the location of wetlands and watercourses.
MOTION: that the enforcement order remains in effect for Guliano, IW-04-V1, and 19 Winston Drive and that an application and fee be submitted, by Ms. Purnell, seconded by Mr. Picton, passed 5-0.
Fish, IW-04-V2, 201 Wykeham Road, timber harvest near wetlands, permit violation - Mr. Ajello has spoken with Mr. Fish. He will be marking the edge of the conserved area.
Adams, IW-04-V4, 136 West Shore Road, excavation & deposition in wetlands - Jackie Adams was present to represent the owners. Ms. Adams began by stating that this lot has existed since 1958. During the winter water backed up and created an ice flow over West Shore Road and the State of Connecticut came in excavated gravel, ice and dirt. Mr. Ajello was unaware of an existing parking lot, catch basin and PVC piping. There is no parking on the house side of the road. Ms. Adams was informed that there needed to be an application filed and erosion control in place. It was noted that the application should include any planting of wetland species.
Fowler, IW-04-V5, 138 Nichols Hill Road, excavation in wetlands & watercourse - Ms. Hill read a letter dated May 1, 2004 from Carl O. Fowler into the record. Mr. Fowler expects to attend the May 26, 2004 Inland Wetlands meeting. Mr. Ajello will issue an enforcement order and a Show Cause hearing will be scheduled for the May 26, 2004 meeting.
Auchincloss, IW-03-57, 5 Kielwasser Road, permit violation - no new information
Levy/Kady, IW-03-V6, 129 Wykeham Road, deposition in & near wetlands - Members received copies of a letter dated May 12, 2004 from Leonard C. Blum of Kleban & Samor, P.C. representing Levy/Kady. Ms. Korzenko also submitted photos from the May 7, 2004 site visit. Mr. Ajello stated that he's meeting at the site Thursday morning, May 13, 2004 to supervise compliance with orders and oversee remediation.
Randall, Iw-03-V12, 53 River Road, disturbing wetlands soils/mowing in wetlands soils - Mr. Randall and his attorney will prepare language for a conservation easement.
OTHER BUSINESS
Old Business - Application Procedure Form & New Application - Ms. Korzenko distributed copies of the draft application and guide to members present. Ms. Korzenko asked members to give comments to her by the next meeting.
Executive Session - not needed
MOTION: to adjourn the meeting at 11:25pm, by Ms. Gary, seconded by Mr. Picton, passed 5-0.
Submitted subject to approval,
Pamela L. Osborne, Acting Secretary
April 28, 2004
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, and Marguerite Purnell.
Alternates Present: Anthony Bedini, Candace Korzenko.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Addyman, Brian Neff, Alex McNaughton, Richard Rosiello, Charles Robinson, Scott Meeker, Dirk Sabin, Elaine Luckey, Natalie Dyer, Christopher Gatto, andNicholas Biello.Opened the meeting at 7:10 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, and Marguerite Purnell.
ADDED to the Agenda a) WEO Duties to New Business; b) Calhoun Street - wetlands clearing to Enforcement; c) Executive Session in re: pending litigation for Bolek, IW-03-65 and Ficalora, IW-03-54. Motion by Ms. Purnell, second by Mrs. Gray and passed 5-0.
Accepted, as amended, Regular Meeting Minutes of April 14, 2004. Motion by Mr. Picton, second by Mr. La Muniere and passed 4-0-1. Mrs. Gray abstained because she did not attend the meeting. Corrections as follows:
Page 1 - under Accepted Minutes of 3-24-04 - page 3, Steep Rock Association, line 2 - 'submitted' should be 'received.'
Page 2 - under Ingrassia - line 4 & 5 - 'extending' s/b 'shall extend' and add 'three feet beyond' after 'only to' and delete 'and not beyond.'
line 5 & 6 - 'extending' s/b 'to extend' and add 'from' before 'twenty'
and add 'twenty four inch culvert' after 'existing' and delete 'pipe'
and add 'to the north property' before 'and' and add '3) Non-erosional
pathways for storm water' after 'lake.'
under Rumsey Hall School - line 1 - 'APPROVED' s/b 'AMENDED'
line 3 - add 'Mrs.' before 'Korzenko.'
Page 3 - under Mayfair Properties, LLC. - last line - 'risk' s/b 'risks' and add 'that will be
addressed by sedimentation and erosion controls' after 'risks.'
under Lloyd - line 3 - add 'and as revised in red on 4-14-04.'
last line - add 'very high' before 'flow' and spelling of 'floodplain.'
under Luers - line 7 - 'to remove the' s/b 'in the old' and add 'area' after 'house.'
under Steep Rock Association - line 5 - spelling of 'Jensen.'
line 10 - 'native' s/b 'natural.'
Corrections 4-14-04 minutes con't:
under Washington Montessori School - line 4 - delete 'a' after 'thinks' and 'pattern'
s/b 'roots' and delete 'go to.'
Page 4 - under Washington Montessori School - line 1 - 'drainage areas' s/b 'basins.'
under Robinson - line 3 - add 'and wetland areas' before 'marked.'
under Mrs. Hill recused - line 1 - 'the last' s/b 'previous.'
line 2 - 'this' s/b 'the following.'
under Knudsen - line 4 - delete 'Members are suspending judgment until they visit the
site.'
under Mr. Picton re-seated - 'Mr. Picton re-seated' s/b 'Mrs. Hill resumed the chair.'
Page 5 - under Levy/Kady - line 5 - spelling of 'Allan.'
under Entered - line 1 - 'for' s/b 'in.'
line 2 - 'enforcement for Guliano, IW-04-V1' s/b 'Ficalora, IW-03-54.'
line 3 - 'as' s/b 'due.'
Accepted, as written, Site Inspection Minutes of April 26, 2004 re: Robinson, IW-04-18. Motion by Mr. La Muniere, second by Mrs. Hill and passed 5-0.
Accepted, as amended, Site Inspection Minutes of April 26, 2004 re: Rudin, IW-04-17. Motion by Mrs. Hill, second by Mr. Picton and passed 5-0.
Corrections as follows:
Under Property Address - '528' should be '328.'
Under Observations - line 4 - 'in the wetlands jurisdiction' s/b 'shown on the map near the ponds and Sprain Brook' and add 'WEO Ajello agreed to walk the rest of the proposed fenced area to look for other wetlands' after Brook.
Accepted, as written, Site Inspection Minutes of April 16, 2004 re: Knudsen, IW-04-20. Motion by Mr. La Muniere, second by Mr. Picton and passed 4-0-1. Mrs. Hill abstained as she did not attend the site inspection.
Heard, in re: DiBenedetto, IW-04-03, 212/214 Calhoun Street, remove invasives, vines, dead trees/prune, from WEO Ajello that he verbally asked Mr. DiBenedetto for a planting plan - a list of species, the number of species and a sketch of where the plants are going. Ms. Purnell pointed out that Mr. DiBenedetto was supposed to submit a planting plan before he started planting and that there appears to have been more shrubs planted since the site inspection of 2-19-04. She said that successful planting also depends on the method used.
Noted, in re: Washington Parks & Rec., IW-04-05, School Street, pavilion improvements, that the Commission is waiting for more information and the request for a 65 day application extension has been received.
APPROVED Ingrassia, IW-04-07, 135 East Shore Road, demolish & re-build barn, per the plan, "Soil Erosion & Sediment Control Plan, The Ingrassia Barn Construction, 135 East Shore Road by B.E. Neff, P.E., dated 2-16-04, revised 4-23-04," with one condition that the roots belonging to the two trees along East Shore Road shown on the above cited plan as 'existing 24" ash tree to be removed" / 'existing 24" oak tree to be removed' are to be left in place. Motion by
Ingrassia con't:
Mr. Picton, second by Mrs. Gray and passed 4-1-0. Purnell voted nay as she is probably the only member who remembers the many past activities done on this property and the path along the back of the barn had been permitted only as a temporary road way for construction equipment access with the armoring to be removed and the area allowed to re-vegetate when the work was done.
Members discussed with agent, Brian Neff the revisions he made to his above cited plan:
1)The end of the grass paving noted on the plan. 2) The added twenty foot setback, starting at the 24 inch culvert, noted on the plan. 3) A notation added about taking measures to ensure that during a storm water event, a sheet flow of water occurs.
APPROVED the plan to restore the two existing vernal pools in re: Montessori School, IW-01-08, 240 Litchfield Tpke., condition to permit - create vernal pools, as specified in Marguerite Purnell's chart, dated 4-28-04, with the following particulars: 1) This restoration is considered a better ecological endeavor than creating replacements for the two lost vernal pools. 2) Sand and sediment in the east vernal pool is to be removed by hand down to the old leaf layer and not beyond. 3) A 4' (four foot) wide berm of existing accumulated sediment on the southern edge of the east vernal pool is to be left intact. 3) For the west vernal pool, chart items B, C, and D are not to be performed; Chart items A, E, and F are to be performed and for item F include the following: The west side of the detention pond, starting at the concrete overflow structure
continuing past the western vernal pool (to the northeast and south of the pool,) is to be allowed to re-vegetate and to be augmented with plantings of native species. In addition three stone check dams are to be installed at thirty foot intervals in the section of stone lined swale that exists along the drive and western vernal pool. 4) Work is to be done with on site supervision by WEO Ajello. 5) A planting plan is to be reviewed and approved by Marguerite Purnell. Motion by Mr. Picton, second by Mrs. Gray and passed 5-0.
Members discussed with Secretary, Treasurer, Alex McNaughton, the possible actions to be taken and the pros and cons of such actions per the above cited chart by Marguerite Purnell.
Decided, in re: Beck, IW-04-16, 129 Calhoun Street & Ives Road, site development/subdivision, that WEO Ajello will study the application information and make a site visit. Ms. Moquin will ask Mr. Beck to submit a copy of the Soil Science Report.
The Commission will make a Site Inspection on Friday, May 7, 2004 at 9:00 a.m.
Discussed Rudin (The Dune Trust,) IW-04-17, 328 Nettleton Hollow Road, install deer & pool fence, with agent Richard Rosiello. Members requested revisions be submitted: 1) One corner containing wetlands is to be reconfigured to locate the fence across the corner and outside the wetlands (effectively cutting out the northwest corner.) 2) A new application for a management plan for an access way from the farm road / right of way. Members noted that the fence also has to meet the requirements of a pool fence. WEO Ajello will walk the rest of the proposed fence length around 16 acres to determine if other wetland areas come into play..
Discussed Robinson, IW-04-18, 88 Clark Road, install deer fence, with Charles Robinson who explained some of the property's history, including the creation of the pond, bog, and water features in the woods. Members requested the following be depicted on a map: 1) Moving the proposed fence location along wetlands areas to provide a thirty - fifty foot buffer between the Robinson con't:fence and the wetlands so that the wetland stays a more complete system. 2) Provide the correct fence specs. 3) Any vegetation to be removed near a wetland area and its location. 4) Any gates to be installed. 4) Near wetland areas the location of the proposed cedar posts. Members noted that a previous violation of clearing in wetlands has not yet been resolved.
Discussed Meeker, IW-04-19, 269 New Milford Tpke., expand driveway & gravel, with Scott Meeker. Members requested the following be depicted on a map: 1) The location of the parking area in relation to the stream. 2) The natural brush and location of trees between the parking area and the stream. Mrs. Korzenko recommended a fence be installed on the side of the parking area facing the stream. Members noted that Mr. Meeker, per WEO Ajello's direction, is in the process of cleaning up debris along the stream. WEO Ajello will write down his recommendations for this application.
The Commission will make a Site Inspection on Friday, May 7, 2004 at 9:30 a.m.
Mrs. Hill recused herself at 9:37 p.m. because at a previous meeting, she told Eric Nelson that she is not in favor of this proposal. Mr. Picton assumed the chair.
APPROVED Knudsen, IW-04-20, 236 Nettleton Hollow Road, maintenance drive, per the section of map with the modifications made tonight, "SK-1 Proposed Pond Maintenance Drive; Knudsen by Dirk W. Sabin, LA., dated 4-10-04, revised 4-28-04," with three conditions: 1) Work is to be done with on site supervision by WEO Ajello. 2) The woodland not impacted by the drive and not already lawn is to remain undisturbed. 3) When work begins at the beginning of the access-way, Charles La Muniere and WEO Ajello are to be notified. Motion by Mr. Picton, second by Mr. La Muniere and passed 3-1-1. Ms. Purnell voted nay because this site is in the only wetlands buffer area remaining on the property, the amount of deposited material is fairly significant, and there is more of an impact to the functioning of the wetlands
buffer than from accessing the pond via the other side. Mrs. Gray abstained because she did not attend the site inspection.
Members discussed the proposed maintenance drive location, how the work would be done, and the timing of the work with agent, Dirk Sabin. Some members felt that this newly proposed location for access to the pond would be less detrimental than the permitted (IW-98-49) access way and its construction would cause only minimal impacts to the wetlands. Other members strongly disagreed.
Mr. Picton unseated Mr. Bedini and Mrs. Hill resumed the chair at 10:06 p.m.
Noted, in re: Hopkins (Morse Estate,) IW-04-21, 313 Nettleton Hollow Road, construct driveway, that the Commission is waiting for a report from Land-Tech Consultants.
Discussed Steep Rock Association, IW-04-22, Litchfield Tpke./Macricostas Preserve, construct viewing platform, with board members, Elaine Luckey and Natalie Dyer. Members requested the following be submitted: 1) The exact location of the proposed platform. 2) A determination of whether a boardwalk would be needed to reach the swamp overlook.
Heard, in re: Parent, IW-04-23 ATF, 71 Calhoun Hill Road, install driveway stone, clear house & driveway sites, from WEO Ajello that most of the road work was done well away from the brook, except the brook crossing which was done without regard to erosion and sedimentation controls. Mr. Parent intends to sell the property and these activities were done to provide access to the property.
Members noted that they want to go in the direction of more notices of violation instead of after the fact applications in situations such as this.
The Commission will make a Site Inspection on Friday, May 7, 2004at 10:00 a.m.
VOTED to find the addition of a deck is inconsistent with the permit issued: Gatto, IW-04-01, 155 Woodbury Road, repair & extend stone wall, install fences, renovate barn, gravel driveway, move bushes, with permitted revision to renovate house and therefore, the deck is to be removed. Motion by Mr. Picton, second by Mrs. Gray and passed 3-2. Mrs. Hill voted nay because, even though she agrees the deck is inconsistent with the permit as originally approved, she does not see any major impacts to the stream. Mrs. Gray voted nay because she also does not see any major impacts to the stream but she is upset when un-permitted activities happen, such as this one.
Members discussed the un-permitted deck with Christopher Gatto and contractor, Nicholas Biello. All members agreed that the permit was clearly given with the assurance that the old existing deck would be removed and they agreed that if a new deck had been part of the application, they would not have permitted a deck to be built at the very edge of the stream. But some members did not think the impact to the stream would be major at this point and wanted to take into consideration Mr. and Mrs. Gatto's earnest efforts. Other members think the impacts to the stream will be considerable and the Commission needs to do its job properly.
WEO Report
Beck, IW-02-V1, 132 Calhoun Street, cutting & clearing in wetlands plus timber harvest. There has been no word on progress to date, from Judd White, D.E.P., who does not consider this timber harvest a Di Minimus activity. And no word from Mr. Beck regarding progress in the requested work to remove invasives from the recovering wetlands.
Ross, IW-02-V4, 10 Sunny Ridge Road, wetlands restoration. No activity ahs been observed on site but there has been un-permitted clearing of under-story along a wetlands corridor on Nettleton Hollow Road; Members noted that Mr. Ross has been told not to clear in this area.
Fish, IW-04-V2, 201 Wykeham Road, timber harvest near wetlands, permit violation. No word from Mr. Fish; WEO Ajello will call Mr. Fish again.
Ostrowski, IW-04-V3, 23 Rabbit Hill Road, deposition of material at wetlands edge. Mr. Ostrowski has cleared the material from the site and the silt fencing has been removed. WEO Ajello will continue checking the area.
Adams, IW-04-V4, 136 West Shore Road, excavation & deposition in wetlands. Drainage work was done - piping and a culvert installed and a parking area constructed on a wet meadow with some wetlands soils: There is direct discharge of water from the pipe into the lake. WEO Ajello requested an application be filed.
WEO Report con't:
Fowler, IW-04-V5, 138 Nichols Hill Road, excavation in wetlands and watercourse.
Mrs. Hill and WEO Ajello inspected the site. Drainage for the house was done including a channeling of a stream and material was deposited in definite wetlands soils; Vegetation was excavated. Members agreed that Mrs. Hill and WEO Ajello will send a Citation to Mr. Fowler. Members noted that First Selectman, Richard Sears made a site inspection.
Auchincloss, IW-03-57, 5 Kielwasser Road, permit violation. No word from Bruce Bennett but he agreed to call first before resuming work.
Levy/Kady, IW-03-V6, 129 Wykeham Road, deposition in & near wetlands. Mr. Kady has not returned WEO Ajello's calls; There is a 1-2 foot stone wall with newly planted trees behind the stone wall three feet from the watercourse. Ms. Purnell said that evergreens were planted and sod put down.
The Commission will make a Site Inspection on Friday, May 7, 2004 at 10:30 a.m.
Calhoun Street, wetlands clearing. A prior permit to construct a barn stipulated no clearing beyond the barn perimeter. Clearing was done down slope of the barn , past the stone wall and into the wetlands. WEO Ajello will make a site inspection and find the file.
137 Upper Church Hill Road, clearing and deposition in wetlands. WEO Ajello will do more research as he just heard about this activity a few hours ago.
Noted, in re: Sheinfeld, IW-02-61 ATF, Record Conservation Easement. The Mylar Map and Conservation Easement have been recorded with the Town Clerk but the Commission has not yet received a copy of the mylar map for its file. Mrs. Hill will write a release of the bond.
Application Procedure Form. Mrs. Korzenko found one more editing change to make and she will be done with the form before the next meeting. Mr. Bedini suggested adding to the start card a sentence to confirm that all the details of the permit have been provided to the contractor.
WEO Duties. The draft document will be presented to the Board of Finance.
Entered Executive Session at 12:00 MN. to discuss pending litigation in Bolek, IW-03-65 and Ficalora, IW-04-54. Motion by Mrs. Hill, second by Ms. Purnell and passed 5-0.
Closed Executive Session at 12:22 a.m., April 29, 2004. Motion by Mrs. Hill, second by Ms. Purnell and passed 5-0.
Discussed, briefly, Guliano, IW-04-V1. Members agreed that WEO Ajello will send an Enforcement Order to Mr. Guliano and a Show Cause Hearing will follow at the next meeting on May 12, 2004.
Adjourned the Meeting at 12:28 a.m., April 29, 2004. Motion by Mrs. Gray and passed 5-0.
FILED SUBJECT TO APPROVAL, Respectfully submitted, Katherine Moquin, May 7, 2004
April 14, 2004
Members Present: Dorothy Hill, Charles La Muniere, Mark Picton, Marguerite Purnell.
Member Absent: Helen Gray.
Alternate Present: Candace Korzenko.
Alternate Absent: Anthony Bedini.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Brian Neff, Thomas Farmen, Dorota Habib, Laurence Buck, Dirk Sabin, Alex McNaughton, Richard Rosiello, Barbara Robinson, Eric Nelson, Joseph Wanag, Ronald Wolff.Opened the meeting at 7:05 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Charles La Muniere, Mark Picton, Marguerite Purnell, and Candace Korzenko for Helen Gray.
ADDED to the Agenda a) Site Inspection Minutes of April 12, 2004 re: Washington Montessori School, IW-01-08, to Consideration of Minutes; b) applications: 1) Robinson, IW-04-18, 2) Meeker, IW-04-19, 3) Knudsen, IW-04-20, 4) Hopkins, IW-04-21, to New Applications; and c) 1) Auchincloss, IW-03-57, 2) Levy/Kady, IW-03-V6, to Enforcement. Motion by Mrs. Korzenko, second by Ms. Purnell and passed 5-0.
Accepted, as amended, Regular Meeting Minutes of March 24, 2004. Motion by Ms. Purnell, second by Mr. Picton and passed 5-0.
Corrections as follows:
Page 2 - under Ingrassia - line 8 - 'lake shore' should be 'lakeshore' and 'dock' s/b 'house'
- under Kweskin - line 2 - add 'per the plan, "Site Plan, Shore Road, Ed Kweskin by Karla Donnelly for BD, dated 3-24-04" .'
- - last line - 'aspects' s/b 'erosion control issues'
Page 3 - under Steep Rock Association - line 2 - add 'per "Project Details, submitted 3-10-04" and per "Additional Information, dated 3-10-04".'
- under Mayfair Properties, LLC - line 2 - add ' "Underground Electric Uitlity Installation Plan, Mayflower Garden Spa & Rooms, 116 Woodbury Road & 35 Wykeham Road by B.E. Neff, P.E., dated 3-5-04" ' after plans.
- Luers - line 3 - 'the flagged wetlands' s/b 'his sketch'
Page 4 - under Mc Gorty - line 2 - add 'per the map, "Property Boundary Survey, Lot Line Revision Map, Jay T. Mc Gorty by T. Michael Alex, dated March, 2004".'
- under H.O.R.S.E. - line 1 - 'that s/b 'from'
Page 5 - line 1 & 2 - add 'and the CT' after 'Governments' and 'Confederation' s/b 'Federation'
- under Adjourned - add 'Mrs.' before 'Gray'
-
Accepted, as written, Site Inspection Minutes of April 12, 2004 re: Luers, IW-04-14. Motion by Mr. La Muniere, second by Ms. Purnell and passed 5-0.
Accepted, as written, Site Inspection Minutes of April 12, 2004 re: Washington Montessori School, IW-01-08. Motion by Mr. Picton, second by Ms. Purnell and passed 5-0.
Heard, in re: DiBenedetto, IW-04-03, 212/214 Calhoun Street, remove invasives, vines, dead trees / prune, from WEO Ajello that Mr. Di Benedetto is continuing to plant; he will ask Mr. Di Benedetto to submit a detailed planting plan. A request for a 65 day application extension has been received.
Noted, in re: Washington Park & Rec., IW-04-05, School Street, pavilion improvements, that nothing new has been submitted.
Discussed Ingrassia, IW-04-07, 135 East Shore Road, demolish & re-build barn, with Brian Neff, P.E., who submitted the requested revisions to his plan, "Soil Erosion & Sediment Control Plan, The Ingrassia Barn Reconstruction, 135 East Shore Road by B. E. Neff, P.E., dated 2-16-04, revised 4-12-04." Members requested the following to be shown on the above cited plan: 1) The geo-grid path along the back of the barn extending only to the southwest corner of the barn and not beyond. 2) The lake shore buffer ( native vegetation / undisturbed surface ) extending twenty feet north of the existing pipe and encompassing the whole bank down to the lake. Members do not want a parking area on the lawn south of the barn nor do they want vehicles close to the lake. Mrs. Hill read a copy of the letter to Ms. La Bella, DOT Representative from Atty. James Kelly which includes mention of a consensus to remove the large ash tree and oak tree, existing within ten feet of the road, dated 10-26-01. Some members expressed concern about the possible loss of root structure so close to the lake.
APPROVED Rumsey Hall School, IW-04-10, 201 Romford Road, install new water supply system, per the plan, "Water System Improvements, Rumsey Hall School by Buck & Buck Engineers and Smith & Company Surveyors, dated 3-9-04" with two conditions: 1) No more than 50' (fifty feet) of trench is to be left open at the end of the day. 2) On slopes subject to erosion, check dams and other erosion control measures are to be used to prevent erosion along the path of the trench per WEO recommendations. Motion by Mr. Picton, second by Ms. Purnell and passed 5-0.
Members discussed the above cited plans with Headmaster, Thomas Farmen, Business Manager, Dorota Habib, and Engineer, Laurence Buck. Members voted to approve the application because the impacts to the regulated area are minimal, a minimum amount of trench will be left open after each work day, and there will be no change in grade other than along the length of trenching.
APPROVED the amendment to the Motion to Approve Rumsey Hall School, IW-04-10, to include: per the map, "Wetlands Impacts, Water System Reconstruction, Rumsey Hall School, by Buck & Buck, LLC, Engineers, dated 4-14-04." Motion by Ms. Purnell, second by Korzenko and passed 5-0.
APPROVED Bronson, IW-04-11, 149 Romford Road, install dry hydrant, per the narrative letter by Dick Murchison, BS, FPE and Duncan Woodruff, Water Resources Committee of the WVFD, dated 3-12-04. Motion by Ms. Purnell, second by Mrs. Korzenko and passed 5-0.
Members voted to approve the application because they can see no permanent impacts to wetlands or watercourses.
APPROVED Mayfair Properties, LLC, IW-04-12, 116 Woodbury Road / 35 Wykeham Road, install utility line, per the plan, "Underground Electric Utility Installation Plan, Mayflower Garden Spa & Rooms, 116 Woodbury Road & 35 Wykeham Road by B.E. Neff, P.E., dated 3-5-04" with two conditions: 1) Care is to be taken not to re-direct water toward the trench. 2) WEO recommendations are to be followed to implement any additional sedimentation and erosion control measures. Motion by Mr. Picton, second by Mrs. Korzenko and passed 5-0.
Members discussed the above cited plans with agent, Brian Neff. Members voted to approve the application because they do not see long term impacts to wetlands or watercourses, only temporary risks.
APPROVED Lloyd, IW-04-13, 149 Whittlesey Road, in-ground pool, terrace, landscape, per the plan, "Completed Lawn Expansion and Boulder Shore Protection and Proposed Swimming Pool, Jill & Michael Lloyd, 149 Whittlesey Road, dated 3-18-04, revised 4-10-04" with one condition that no change in grade is to occur outside the construction envelope, which is defined as 6' (six feet) outward from the terrace immediately surrounding the pool as shown on the above cited plan. Motion by Mr. Picton, second by Mrs. Hill and passed 5-0.
Members discussed the above cited plan with agent, Dirk Sabin. Members voted to approve the application because the only foreseen impacts to wetlands or watercourses would be during a high water flow time ( this is a flood plain area ) and the plan addresses their concerns.
APPROVED Luers, IW-04-14, 44 Upper Church Hill Road, dredge pond, remove invasives, plant, per the work sketch, "Work Sketch, William H. Luers, Wendy W. Luers, 44 Upper Church Hill Road by Dirk W. Sabin, LA., dated 3-17-04, revised 4-14-04" with two conditions:1) The steeper slopes around the pond will remain intact without being excavated or graded.2) Excavating and grading will be limited to the area at the west end of the pond, shown on the above cited work sketch as the increased pond area and shown between the new pond perimeter and steep bank to the west, and where excavation to remove the spring house will not exceed 7' (seven feet) wide by 10' (ten feet) long. MOTION by Mrs. Korzenko, second by Mrs. Hill and passed 5-0.
Members discussed the above cited plan with agent Dirk Sabin. Members voted to approve the application because any impacts to wetlands or watercourses are temporary and would only occur in the pond area; the end result is positive - a pond restoration.
APPROVED permit compliance for bridge approval, Steep Rock Association, IW-03-17, 52 Litchfield Tpke., per the letter by Executive Director, Susan Branson, dated 4-7-04 and per the undated plans received on 4-7-04 and with two conditions: 1) Pressure treated stringers are to be pre-stained off site with an alkyd deck stain. 2) Work is to proceed according to the stipulated permit conditions and to include the recommendations of Peter S. Jenson, Trail Designer / Builder in his E-mail, dated 4-1-04. Motion by Ms. Purnell, second by Mrs. Korzenko and passed 5-0.
Members discussed the newly submitted plans of 4-7-04; Bee Brook is a precious resource and members expressed appreciation for the efforts done to revise the plans to use native materials. Members voted to approve the application because their concerns were addressed.
Discussed Washington Montessori School, IW-01-08, 240 Litchfield Tpke., construct school, condition to permit - create vernal pools, with Secretary / Treasurer, Alex McNaughton. Ms. Purnell does not think that newly created vernal pools will work here because the upland area is now covered with the school and playing fields and she thinks a colonization pattern might go to the storm water drainage areas. She submitted photos of the existing vernal pools, one on the east side of the drive and one on the west side of the drive. Members agreed to direct a restoration of these vernal pools during this current season and will give Mr. McNaughton specific instructions. Mrs. Korzenko requested a copy of the planting plan. Ms. Purnell, Biologist, will revise Mr. Picton's notes, dated 4-12-04, to define the specifics and incorporate the alternatives discussed at this meeting. Mrs. Korzenko thought that creating better habitats for amphibians offers a great opportunity for students. Mr. McNaughton agreed.
VOTED Talbot, IW-04-15, 44 Bell Hill Road, subdivision, no Commission jurisdiction because there is no work proposed in regulated or review areas per the plans: 1) "Soil Erosion & Sediment Control Plan, The Talbot 2-Lot Subdivision, Bell Hill Road & Judea Cemetery Road by B.E. Neff, dated 1-24-04" 2) "Proposed Site Development Plan, The Talbot-Lot Subdivision, Bell Hill Road & Judea Cemetery Road by B.E. Neff, dated 4-1-04." Motion by Mr. Picton, second by Mrs. Korzenko and passed 5-0.
Decided, in re: Beck, IW-04-16, 129 Calhoun Street & Ives Road, subdivision, that members will wait for a letter of request for subdivision review and the fee to be submitted.
Discussed Rudin ( The Dune Trust ,) IW-04-17, 328 Nettleton Hollow Road, install deer and pool fences, with agent Richard Rosiello. The wetlands are flagged and space will be left under the fence for creatures to migrate toward the wetlands. On the description page, Mr. Rosiello changed and initialed the length of overgrown brush from 90 linear feet to 40 linear feet.
The Commission will make a Site Visit on Friday, April 23, 2004 at 9:30 a.m..
Discussed Robinson, IW-04-18, 88 Clark Road, install deer fence, with Barbara Robinson. Members requested more details: 1) Type of fence. 2) Type of posts and distance apart. 3) The methods of installation. 4) A copy of the map with the water areas marked in color. WEO Ajello will recommend any other additions needed for the file.
The Commission will make a Site Visit on Friday, April 23, 2004 at 9:00 a.m.
Decided, in re: Meeker, IW-04-19, 269 New Milford Tpke., expand drive and gravel, that members will wait for additions to the application including a map.
Mrs. Hill recused herself at 10:55 p.m. because at the last meeting, she told Eric Nelson that she is not in favor of this proposal.
Discussed Knudsen, IW-04-20, 236 Nettleton Hollow Road, maintenance drive, with agents Dirk Sabin and Eric Nelson. The newly proposed driveway location is almost level with the road (drops one to two feet, ) contains gravelly material, crosses an existing opening in the stone wall, and doesn't reach the wetland until the last fifty feet. Members are suspending judgment until they visit the site.
The Commission will make a Site Visit on Friday, April 23, 2004 at 9:45 a.m.
Mr. Picton re-seated Mrs. Hill at 11:08 p.m.
Discussed Hopkins ( Morse Estate,) IW-04-21, 313 Nettleton Hollow Road, construct driveway, with agent Joseph Wanag and engineer, Ronald Wolff. Land Tech Consultants will review the plans, "Driveway Plan, Joseph Wanag, Site Development Plan, Grading, and Sedimentation and Erosion Control Plan, 313 Nettleton Hollow Road by Ronald Wolff, P.E., dated 3-4-04" and the Hydrology Report by Ronald Wolff, P.E. An estimated consultant fee was submitted.
Ms. Purnell requested a written summary of the alternatives considered for driveway location, wetland crossings, and house site.
Heard, in re: Auchincloss, IW-03-57, 5 Kielwaser Road, remove trees & brush, stabilize stream banks, planting, from WEO Ajello that agent, Kent Greenhouse has been told to stop work until further notice. WEO Ajello will write a letter to Kent Greenhouse, directing them to wait until June or July when the ground is dry before continuing the work and to use methods per the permit terms.
Heard, in re: Beck, IW-02-V1, 132 Calhoun Street, cutting & clearing in wetlands, from WEO Ajello that the timber harvest included nearly four acres and was probably done for the vistas. Mr. Beck scheduled the removal of invasives from the wetland but the weather turned to rain and wind.
Heard, in re: Ostrowski, IW-04-V3, 23 Rabbit Hill Road, deposition of material at wetland edge, from WEO Ajello that bedding and manure were deposited behind the silt fence bordering the wetland probably to raise the grade and manure is slipping under the silt fence; Mr. Ostrowski was told to cease the same activity, two years ago, at a different location. Mrs. Hill and WEO Ajello will send an Enforcement Order and a Citation to Mr. Ostrowski.
Noted, in re: Ross, IW-02-V4, 10 Sunny Ridge Road, wetlands restoration, that the Commission received a copy of the letter, dated 3-25-04, by Atty. Aimee L. Hoben to Mr. Ross, stating the Commissions repeated requests and serious intent to see the restoration completed.
Heard, in re: Levy /Kady, IW-03-V6, 129 Wykeham Road, deposition in or near wetland, from Ms. Purnell that this past week, new trees have been planted on the other side of the stream (within ten feet) and this is the area where boulders and fill were previously added and the grade changed without a permit. WEO Ajello will make a site inspection. Mrs. Hill noted that an arrangement needs to be made for a site visit with Chris Allen, Soil Scientist, Land-Tech Consultants.
Heard, in re: Sheinfeld, IW-02-61 ATF, 112 Lower Church Hill Road, Record Conservation Easement, from Mrs. Hill that the Mylar Map has now been signed by George Bender, Chairman of the Planning Commission, and is now ready to be recorded.
Discussed, briefly, the Application Procedure form draft. Mrs. Korzenko will edit the form for grammar and put it in a brochure format.
Noted, that the Earth Day Celebration takes place on May 2, 2004. Mrs. Hill asked members to let her know how they want to be involved.
Entered Executive Session at 12:08 a.m. to discuss pending litigation for Bolek, IW-03-65 and enforcement for Guliano, IW-04-V1. Motion by Mrs. Hill, second by Mrs. Korzenko and passed 4-0-1. Ms. Purnell abstained as to procedural issues.
Closed Executive Session at 12:42 a.m. Motion by Mrs. Hill, second by Ms. Purnell and passed 5-0.
Adjourned the Meeting at 12:43 a.m. on April 15, 2004. Motion by Mrs. Korzenko and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted, Katherine Moquin, Land Use Secretary
March 24, 2004
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, Marguerite Purnell.
Alternates Present: Anthony Bedini.
Alternates Absent: Candace Korzenko.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Addyman - Voices, Jamie Lintner, Brian Neff, Karla Donnelly, Dorota Habib, Dirk Sabin, Christopher Gatto.ACTIONS TAKEN:
Opened the meeting at 7:05 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, and Marguerite Purnell.
ADDED to the Agenda March 19, 2004 Site Visit Minutes: 1) Ingrassia- IW-04-07,2) Kweskin-IW-04-08, 3) Steep Rock Association- IW-04-09 to Consideration of Minutes and applications: 1) Gatto-IW-04-01, 2) McGorty-IW-01-71 to New Applications. Motion by Mrs. Gray, second by Mr. Picton and passed 5-0.
Accepted, as amended, Regular Meeting Minutes of March 10, 2004. Motion by Mrs. Gray, second by Mr. Picton and passed 5-0.
Corrections as follows:
Page 3 - under O'Brien - line 1 - "swelling" should be "dwelling."
Accepted, as written, Site Inspection Minutes of March 19, 2004 re: Ingrassia- IW-04-07. Motion by Mr. Picton, second by Mrs. Hill and passed 5-0.
Accepted, as written, Site Inspection Minutes of March 19, 2004 re: Kweskin-IW-04-08. Motion by Ms. Purnell, second by Mrs. Gray and passed 5-0.
Accepted, as written, Site Inspection Minutes of March 19, 2004 re: Steep Rock Association-IW-04-09. Motion by Ms. Purnell, second by Mrs. Gray and passed 5-0.
Heard, in re Di Benedetto, IW-04-03, 212/214 Calhoun Street, remove invasives, vines, dead trees / prune, that WEO Ajello sent a letter, dated 4-16-04, to inform Mr. Di Benedetto of the status of his application, and that the commission will want to wait to see the results of his pilot project in the growing season before acting on the current application.
APPROVED Cornell, IW-04-04, Romford Road, timber harvest, culverts, temporary stream crossings, with four conditions: 1) The logging operation is to use only the two crossings described on the plan, " Northeast Forest Management, Culvert application, temporary stream crossing by Jamie Lintner, BS., dated 3-19-04." 2) After the trees are marked and the skid trails laid out, WEO Ajello will review the plan on site and make any necessary adjustments. 3) The logging operation is to take place when conditions are dry and the soil is firm. 4) The wetland corduroy crossing of the soft place behind the landing area is to use geo-textile fabric and logs, instead of a culvert, as described on the above cited plan. Motion by Mr. Picton, second by Mr. La Muniere and passed 5-0.
Members reviewed the submitted information and questioned agent, Jamie Lintner regarding the two crossings and the number of trees to be harvested along the stream. Members heard from WEO Ajello that there are no apparent streams or wetlands other than those identified. WEO Ajello will file the related portion of the topography map of Washington, "US Dept. of Interior Geological Survey."
Members voted to approve this application because the work plans minimize the potential for damage to wetlands and watercourses.
Discussed Ingrassia, IW-04-07, 135 East Shore Road, demolish & re-build barn, with agent, Brian Neff who submitted a plan, "Site Plans, Ingrassia Barn by Halper Owens Architects, LLC, dated 1-6-04." Members reviewed the plans and requested: 1) Due diligence be paid to a condition of the prior permit-IW-00-53 that the access for construction/rebuilding of house and barn be temporary, limited to the length of construction. 2) A copy of the letter from the State D.O.T requiring the removal of two trees on the east side - a 24" oak and a 24' ash. 3) The following to be depicted on the above cited plans: a) The proposed contours. b) An estimate of the amount of fill. c) A line to show the entire lake shore area north of the dock as a permanent lake shore buffer of native vegetation, and the dock landing area on the north-west side of the property as re- vegetated with native vegetation. d) The access path along the back of the barn described in detail, including the width and as much re-vegetated buffer as possible. e) A description of drainage improvements. f) Sedimentation and erosion controls. g) The limit of the work area and surface disturbances- what part of the site would be re-worked. h) A wood railing to keep people from going beyond the work area along the lake.
APPROVED Kweskin, IW-04-08, 143 East Shore Road, concrete wall, stone wall, stone steps, deck repair with four conditions: 1) Step repair on the south side is to include only the replacement of the existing structure and be done with no earth work. 2) Deck repair on the west - lake side is to include only sanding, painting, and replacing any rotten wood and be done with no earth work; 3) A suitable barrier to debris tumbling down slope at the northern end of the terrace / northwest corner of the wall is to be added to the sedimentation and erosion controls; WEO Ajello recommends a tarp. 4) Any machinery is to enter the property from the south side of the terrace. Motion by Mr. Picton, second by Mrs. Gray and passed 5-0.
Members reviewed submitted information with Karla Donnelly who submitted a construction sequence including added deck repairs. Members voted to approve this application because the whole work area is self-contained and all aspects considered.
APPROVED Steep Rock Association, IW-04-09, 124 Christian Street, construct foot-bridge with five conditions: 1) Access to the bridge is to be from the southwest; no machinery is to cross Bee Brook. 2) No material is to be deposited into Bee Brook during excavation for the concrete block footings. 3) The small watercourse immediately to the south of the bridge is not to be disturbed. 4) Disturbed areas may require restoration. Motion by Ms. Purnell, second by Mrs. Gray and passed 5-0.
Members reviewed newly submitted material and voted to approve this application because the application is straight forward and very little impact will occur to Bee Brook if the work is done as planned.
Discussed Rumsey Hall School, IW-04-10, 201 Romford Road, water supply system, with business manager, Dorota Habib who submitted a map showing the campus layout, "Campus Topography, Rumsey Hall School, 201 Romford Road by Smith & Company, dated 4-10-03." Members reviewed the plans and asked questions. They noted the distance of 60' of flat land from the existing pump house to the Bantam River, where the existing wells will remain. WEO Ajello and Ms. Purnell will make a site inspection before the next meeting.
Discussed Bronson, IW-04-11, 149 Romford Road, dry hydrant. Members noted that the work involves a temporary impact to the pond which cannot be avoided.
Discussed Mayfair Properties, LLC, IW-04-12, 116 Woodbury Road / 35 Wykeham Road, install utility line, with agent, Brian Neff. Members reviewed the plans and noted that the utility company recommended that the proposed underground utility line come off an existing pole on Wykeham Road in order to provide three phase service.
Discussed Lloyd, IW-04-13, 149 Whittlesey Road, inground pool, terrace, landscape, with agent, Dirk Sabin. Members noted that the proposed pool area has an existing grade which is 9' higher than the rivers. Members requested a copy of the map without any previously proposed / unapproved activities and the following added to the map: 1) The stockpile location. 2) A stipulation that the grading will not change outside of the pool and terrace location.
Discussed Luers, IW-04-14, 44 Upper Church Hill Road, dredge pond, remove invasives, plant, with agent Dirk Sabin who said the wetland soils are flagged. Members requested the soil science report and the flagged wetlands map be submitted. Members will make a Site Visit on Monday, April 12, 2004 at 9:00 a.m.
Discussed Steep Rock Association, IW-03-17, 52 Litchfield Tpke., permit compliance, bridge approval. Members expressed concerns about the proposed use of treated lumber. Mr. Ajello will tell Executive Director, Susan Branson, to discontinue the use of treated lumber and ask her for more details about bridge construction.
APPROVED the revisions to permit Gatto, IW-04-01, 155 Woodbury Road, repair & extend stone wall, install fences, renovate barn, gravel driveway, move bushes per the memo, "Request Revision to application # IW-04-01, Laura and Christopher Gatto, dated 3-22-04 and revised 3-24-04." Motion by Mrs. Hill, second by Ms. Purnell and passed 5-0.
Members discussed the proposed revisions with Christopher Gatto. Members voted to approve the revisions because from a water quality perspective, the driveway revision is an improvement and provisions made for sedimentation and erosion control will take care of any short term impacts to the stream. The second story addition to the house will not change the footprint, no earth work is required, and the balcony on the stream side will be removed.
APPROVED the revisions to permit Mc Gorty, IW-01-71, 134 South Street / Nichols Hill Road, free-cut lot split, with one condition that a detailed driveway plan come back to the Inland Wetlands Commission for review of potential erosion towards the wetlands and potential impacts to the 100' upland review area; applicants are advised to minimize the length of the driveway. Motion by Mr. Picton, second by Mrs. Hill and passed 4-1-0. Ms. Purnell voted nay because the possibility exists for long term impacts to wetlands and watercourses, the potential exists for sedimentation coming off the increased length of the driveway, and because of the loss of canopy associated with the increased length of driveway.
Members discussed the proposed changes and expressed concerns about the increased length of driveway (three times as long.)
Heard, in re Guliano, IW-04-V1, 19 Winston Drive, WEO approval, that Mrs. Hill did not yet consult Atty. Michael Zizka.
Heard, in re H.O.R.S.E. of CT., Wilbur Road, timber harvest, that WEO Ajello that no apparent impacts to wetlands occurred from last summer's logging activity but he is arranging a site inspection by the DEP Division of Forestry.
Heard, in re Sheinfeld, IW-02-61 ATF, Record Conservation Easement and Mylar Map, that Mrs. Hill has signed the mylar map to be recorded and is now waiting for a conservation easement.
Heard, in re Beck, IW-02-V1, 132 Calhoun Street, timber harvest, that WEO Ajello contacted the DEP Division of Forestry about a site inspection; Alan Durkin is not registered with the State Directory of Certified Forest Practitioners.
Heard, in re Fish, IW-04-V2, 201 Wykeham Road, timber harvest near wetlands, permit violation, that agent, Brian Neff promised to contact Mr. Fish.
Discussed, briefly, upcoming training by the Northwest CT. Council of Governments, Confederation of Lakes.
Adjourned the meeting at 11:13 p.m. Motion by Gray and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary April 2, 2004
March 10, 2004
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Marguerite Purnell.
Member Absent: Mark Picton.
Alternates Present: Anthony Bedini, Candace Korzenko.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Addyman - Voices, Robert Zaloski, Kimberly Allen, Ross Gentile, Brian Neff, Karla Donnelly, Susan Branson, Adam Woodruff.ACTIONS TAKEN:
Opened the meeting at 7:05 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles La Muniere, Marguerite Purnell, and alternate Candace Korzenko for Mark Picton.
ADDED Steep Rock Association, IW-04-09, to the Agenda under New Applications. Motion by Mrs. Hill, second by Mrs. Gray and passed 5-0.
Accepted, as amended, Regular Meeting Minutes of February 25, 2004. Motion by Ms. Purnell, second by Mrs. Korzenko and passed 5-0.
Corrections as follows:
Page 1 - under present/absent - delete 'Alternates Absent: Robert Weber'
- Di Benedetto - line 2 - add ', noting several conditions that may not have been met: a) No work in wetlands. b) To maintain a six foot stream buffer on the eastern-most side. c) Ten percent of the snags were to remain. d) Brush piles indicated to remain were not evident.' after '(IW-03-04)'
Page 2 - Cornell - add after 'construction' 'including culvert sizes.'
- Washington Parks & Rec. - line 3 - 'septic activity' should be 'activities.'
- line 5 - 'the outline of the area from the' s/b 'location
of the activities on a copy of '
- Ingrassia - line 2 - 'Farley' s/b 'Darcy'
- Beck - line 4 - add 'from the wetlands' after 'distance'
Page 3 - Guliano - line 3,4 - delete 'and restoration is expected to start in one month.'
- Steep Rock Assoc. - line 1 - 'bridge' s/b 'bridges'
- line 2 - 'Garden Club' s/b 'Steep Rock Board'
- line 4 - add 'Ms. Branson mentioned plans are being made
for an observation platform on the edge of the cornfield and
for a parking area.'
Discussed Di Benedetto, IW-04-03, 212/214 Calhoun St., remove invasives, vines, dead trees/prune. Members agreed that it is not possible to see the effects of the pilot program (permitted in IW-03-04) before the beginning of the growing season. Mrs. Hill and WEO Ajello will write to Mr. Di Benedetto to say that a) site inspections will take place at the beginning of the growing season and again in the middle of June and b) The application's 65 day period ends on April 16, 2004, so an extension request would be helpful.
Noted in re Cornell, IW-04-04, Romford Rd., culverts, temporary stream crossings, timber harvest, that new information has been submitted.
Noted in re Washington Parks & Rec., IW-04-05, School St., pavilion improvements, septic, well, that requested information has not been submitted.
APPROVED Katz, IW-04-06, 136 Nichols Hill Road, demolish & re-build section of dam, repair spillway, with two conditions: 1) work is to be done during the dry season - June 1st through September 30th. 2) additional sedimentation and erosion controls, such as hay filters / chicken wire, are to be installed at the outlet of the catch basin. Motion by Ms. Purnell, second by Mr. La Muniere and passed 5-0.
Robert Zaloski submitted the information requested per WEO Ajello's letter ( 3-4-04 ) and he answered questions. He was encouraged to talk to the Town Road Foreman in re the Town's 'right of way'.
Members voted to approve this application because all the requested information has been submitted and they do not see long term impacts associated with the work as planned.
APPROVED Gentile, IW-03-68, 38 Winston Drive, construct dwelling, per the letter of reply to Land-Tech Consultants / Bob Oley's report, dated 3-4-04, from Steven Trinkaus, P.E., dated 3-10-04, as reflected on the plan, "Plot Plan and Grading Plan, Ross Gentile, 38 Winstone Road by Trinkaus Engineering, LLC, dated 10-30-03, revised 3-9-04," with three conditions: 1) three small check dams are to be added north of and below the plunge pool. 2) sedimentation and erosion controls, especially along the driveway, are to be installed as directed on site by WEO Ajello. 3) the driveway surface is to be monitored for erosion by WEO Ajello; paving may be necessary. Motion by Ms. Purnell, second by Mrs. Korzenko and passed 5-0.
Members reviewed the revisions and plans. Mrs. Hill asked about locating the driveway, as a prudent alternative, along the '202' contour. Mr. and Mrs. Gentile said Mr. Trinkaus cited a too steep grade and a too sharp turn into the garage as reasons why this is not feasible. Mrs. Hill relayed Bob Oley's recommendation to pave the driveway because of the planned 12% grade.
Members voted to approve this application because concerns of the Commission were addressed by minimizing the piping and slowing flows down slope to Canoe Brook. Mrs. Hill will ask Mr. Gentile to pay one-half of the Land-Tech bill when it arrives as he agreed at a previous meeting. Unfortunately, to save time, proper procedures (submission by the applicant of a consultant's estimated fee before the consultant begins work) were not followed.
Discussed Ingrassia, IW-04-07, 135 East Shore Rd., demolish & re-build barn, with agent, Brian Neff, P.E. He said the State D.O.T. is requiring the barn be pulled back from the road ( from 5' to 9' ) to allow for a safer sight line; it will not be closer to the lake but will be a smaller size. Ms. Purnell noted for the Record that the existing gravel pathway, improved in the
Ingrassia con't:
past for construction equipment access to the rear of the barn, was meant to be temporary; the material was to be removed and the area allowed to re-vegetate.
The Commission will make a Site Inspection on Friday, March 19, 2004 at 9:00 a.m.
Discussed Kweskin, IW-04-08, 143 East Shore Rd., concrete wall, stone wall, stone steps, with agent, Karla Donnelly. She said that a car accident damaged the wall and hit the house; the State D.O.T. directed them to have an engineer design the wall repair. The wall dimensions will remain the same. Mrs. Hill requested a written narrative of the construction sequence.
The Commission will make a Site Inspection on Friday, March 19, 2004, at 9: 00 a.m.
Discussed Steep Rock Association, IW-04-09, 124 Christian St., construct foot-bridge, with Susan Branson, Executive Director, and Adam Woodruff, Eagle Scout candidate. They answered questions about Mr. Woodruff's bridge design and work plan. The bridge will be constructed off-site. Mr. Neff agreed with Ms. Branson's statement that he has reviewed the plans, inspected the site, and approved the design.
Ms. Branson asked the Commission to participate in a planned video of the project during its site visit March 19, 2004 at 9:45 p.m.
Heard from WEO Ajello, in re Knudsen, 236 Nettleton Hollow Rd., dredge pond, that the work will be done during the dry season and that a new silt basin is not planned because the volume of water present would, in effect, create another pond.
Heard, in re O'Brien, 95 Nichols Hill Rd., construct swelling, wetland crossing, that a good roadbed and crossing are in place and the driveway edges will be seeded and mulched as soon as possible.
Heard, in re Fish, 201 Wykeham Rd., IW-03-18, driveway, that Brian Neff, P.E., will call Mr. Fish regarding a response to WEO requests.
Discussed Carusillo, 247 Roxbury Rd., Exemption application. WEO Ajello said there are no wetland issues near the construction site but an exemption application was filed as a precaution. Mrs. Hill will return the application with a note saying it is not necessary.
Heard, in re Beck, 132 Calhoun St., IW-02-V1, remove invasives, that WEO Ajello will make a site inspection during the growing season.
Noted, in re Ross, 10 Sunny Ridge Rd., IW-02-V4, wetlands restoration, that file material was sent to Atty. Michael Zizka.
Heard, in re Guliano, 19 Winston Dr., IW-04-V1, WEO approval, that there has been no communication from Mr. Guliano, probably per his attorney's instructions because of his pending appeal of his neighbor, Mr. Ficalora's permit ( IW-03-54.) Mrs. Hill will consult Atty. Michael Zizka.
Noted, in re Sheinfeld, IW-02-61 ATF, Record Conservation Easement and Mylar Map, that the map recently submitted needs to be revised again.
Heard, in re Estelle Bronson's pond, Sabbaday Lane, that Washington's Volunteer Fire Department wants to install a dry hydrant on the site and has obtained Mrs. Bronson's permission. Members agreed to waive an application fee.
Discussed, briefly, the 'Instructions for Applicants' drafted by Mr. Bedini and Mr. Picton. Members decided to review a final copy at the next meeting on March 24, 2004.
Noted that Robert Weber has resigned from his Alternate Member seat and he will be greatly missed.
Adjourned the meeting at 9:46 p.m. Motion by Mrs. Gray and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary March 19, 2004
February 25, 2004
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, and Marguerite Purnell (at 7:05 p.m.)
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: First Selectman, Richard Sears, John Addyman / Voices, Jamie Lintner, Timothy Cook, Susan Branson, Natalie Dyer.Opened the meeting at 7:00 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles La Muniere, and Mark Picton and alternate Anthony Bedini for Marguerite Purnell.
ADDED to the Agenda Katz IW-04-06 and Ingrassia, IW-04-07 under New Applications. Motion by Mrs. Hill, second by Mr. Bedini and passed 5-0.
Accepted, as amended, Regular Meeting Minutes of February 11, 2004. Motion by Mr. Picton, second by Mr. La Muniere and passed 5-0.
Corrections as follows:
Page 2, Gentile - line 1 - add Ross' before Gentile'
Page 3 - Levy/Kady - line 4 - delete (Dirk Sabin)'
line 5 - add on the east side' after working'
Beck - line 3 - add might' before make'
Ficalora - line 2 - add Mr. Ficalora's' before neighbor' - add Mr.' before Guiliano'
Page 4 - Guliano - line 2 - enforcement' should be investigatory'
Fish - line 2 - "enforcement' s/b investigatory'
Mrs. Hill seated regular member Ms. Purnell seated at 7:15 p.m. in alternate Mr. Bedini's place.
Accepted, as written, Site Inspection Minutes of February 19, 2004 re: Di Benedetto IW-04-03. Motion by Mr. Picton, second by Mrs. Gray and passed 5-0.
Noted, in re Gentile, IW-03-68 38 Winston Drive, construct dwelling, that nothing new has been submitted. Steven Trinkaus, P.E., did send a copy of his plan, dated 10-30-03, to Land-Tech Consultants for review and the proposed house perimeter is now staked out.
Discussed Di Benedetto, IW-04-03, 212/214 Calhoun Street, remove invasives, vines, dead trees/prune. Members reviewed conditions of the existing permit ( IW-03-04 ) and agreed further inspection/observation will be made at the beginning of the growing season to determine the success of the pilot program.
Discussed The Gunnery, IW-00-63, South Street, construct driveway, request for permit extension. Members agreed to tell Curtiss Smith, representative of The Gunnery, that a request to extend the permit to the year 2010 is premature as the existing permit will expire in the year 2005.
Discussed Cornell, IW-04-04, Romford Road, timber harvest, culverts, temporary stream crossings, with Jamie Lintner, agent for Mr. Cornell. Members requested more information in writing - where the wetlands and watercourses are located, how many trees are proposed for harvesting, a description of the trees marked for removal, and a description and details of the proposed wood road construction . Mr. Ajello, E.O., will make a site inspection and members will make individual site inspections.
Discussed Washington Parks & Rec., IW-04-05, School Street, pavilion improvements, septic system, well, with Timothy Cook. Members requested that wetlands soils be flagged within 200' of the proposed septic activity and the following details be added to the submitted sketch 1) proposed drainage and catch basin, 2) the wetland line, 3) wetland soils in the fields, 4) location of the well and culvert, 5) the outline of the area from the U.S.D.A. Soil Survey Map.
Noted that information submitted for the new application Katz, IW-04-06, 136 Nichols Hill Road, repair pond wall & spillway, is still sketchy. E.O. Ajello will write to Mr. Katz and his agent, Mr. Zaloski, to request more information.
Decided, in re Ingrassia, IW-04-07, that the application will be received at the 3-10-04 meeting. Ms. Purnell has been advised by Farley Winther, D.E.P., that applications may not be received on the day of the meeting.
Heard, in re Beck, IW-02-V1, 132 Calhoun Street, cutting and clearing in wetlands, that Richard Sears, First Selectman, is expecting an application for timber harvesting from Mr. Beck. E.O. Ajello said that good, natural boundaries exist between the harvested forest and the wetlands and the distance is well over 100'. He will check with the State Forestry Dept. to see if the work was done by a registered forester and he will talk to Janet Hill, Zoning Enforcement Officer, about requesting silt fences.
Heard, in re Brown, IW-02-V3, 96 Romford Road, dam failure, that the D.E.P. has been sent a copy of the O'Sullivan report. Members of its Dam Safety Unit will visit the site in the Spring. The Commission will be notified.
Heard, in re Knudsen, IW-98-49, 236 Nettleton Hollow Road, clean pond, that work is being done under the existing permit and a revision will not be pursued.
Heard, in re Ross, IW-02-V4, 10 Sunny Ridge Road, Wetlands Restoration, that file information has not yet been sent to Atty. Michael Zizka.
Discussed, Randall, IW-03-V12, 53 River Road, mowing in wetlands, permit violation, noting that a deed restriction has not been submitted. Members agreed to have the matter taken off the Agenda but leave the Notice of Violation on the Land Records.
Heard, in re Guliano, IW-04-V1, 19 Winston Drive, E.O. approval, that there has been no communication from Mr. Guliano since the February 2, 2004 investigatory letter was sent and restoration is expected to start in one month.
Noted, in re Fish, IW-04-V2, 201 Wykeham Road, timber harvest near wetlands, permit violation, that nothing new has transpired.
Discussed Steep Rock Association, Macricostas Preserve, construct bridge, pre-application advice, with Susan Branson, Executive Director, and Natalie Dyer, Garden Club. Members thought two new applications, one for each proposed bridge, is indicated. E.O. Ajello will give guidance as to what information to submit with the applications.
Noted, in re Sheinfeld, IW-02-61 ATF, Record Conservation Easement and Mylar Map, that nothing new has transpired.
Discussed, briefly, the application guide, co-authored by Mr. Bedini and Mr. Picton, who asked for comments and suggestions.
Adjourned the Meeting at 9:10 p.m. Motion by Mrs. Gray and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin
Land Use Secretary
March 5, 2004
February 11, 2004
Members Present: Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, Marguerite Purnell.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Addyman / Voices, Ross Gentile, Steven Trinkaus, Dorota Habib, Thomas Farmen, Curtiss Smith, Anthony Di Benedetto, Leonard Blum, Robert Zaloski.ACTIONS TAKEN:
Opened the meeting at 7:00 p.m., Chairman Hill presiding.
Seated members present - Dorothy Hill, Helen Gray, Charles La Muniere, Mark Picton, and Marguerite Purnell.
Moved to place consideration of minutes at the end of the agenda. Motion by Mr. La Muniere, second by Mrs. Gray, and voted down 2-3. Mrs. Hill, Mr. Picton, and Ms. Purnell think that consideration of minutes is best accomplished at the beginning of the agenda.
Accepted as amended minutes of 1/ 28/04 Regular Meeting. Motion by Ms. Purnell, second by Mr. La Muniere and passed 5-0.
Corrections as follows:
Page 1- Members Present - Margi' should be (s/b) Marguerite.'
Also Present - Add man' s/b Addyman'; delete Trinkaus.'
Page 4 - Wadsworth - ass' s/b add'.
ACCEPTED - Taylor' s/b Gatto IW-04-01.'
Page 5 - Line 1 - add IW-98-49' after Knudsen.'
IW-03-68, line 1, add Gentile' before '38 Winston.'
Russel' s/b Russell.'
Last sentence should say Members asked the applicants to submit a final plan', delete applicant's choice' delete and' start new sentence at If.'
Gatto - delete as directed' end of paragraph 2.
last line - cannot' s/b did not.'
Knudsen - line 3 - and' s/b that.'
line 4 - delete put.'
last line -changed' s/b current.'
Page 6 - Rumsey Hall School - line 3 - delete and.'
line 6 - calls for' s/b allows for.'
Madoff - line 4 - add untreated' before cedar.'
Levy/Kady - line 4 - order' s/b Officer's'
line 5 - add letter' after '03.'
Fish - line 1 - Reported' s/b Heard from EO Ajello, in re' - delete by Mr.'
line 2 - delete Ajello.'
line 3 - delete unfortunately' - delete per phone conversation' - add after Fish' told Mr. Ajello that he.'
line 5 - clear' s/b clearly stated' - add IW-03-18' after permit' - restricting' s/b prohibiting.'
line 6 - the good fortune' s/b fortunately' - take place' s/b occur but'- delete squashed.'
line 7 - add was compressed' before and' - add there was the' before possibility'- delete steep.'
Guliano - line 1- Reported' s/b Heard from EO Ajello, in re'
line 2 - delete by Mr. Ajello' - delete 2-2-04' - add on 2-2-04' after sent.'
line 3 - delete namely.'
line 4 - needs to be diverted' s/b should be directed.'
line 5 - needs to' s/b should' - delete grass' - add previously outside the lawn' after areas.'
line 6 - to' s/b at' - add ends' after north' - delete present ends' - to expect' s/b to make clear in his enforcement letter that the Commission expects.'
Page 7- Beck - line 2 - send a letter re the harvested forest' s/b check with the Selectman's office whether Mr. Beck obtained a timber harvest permit. The stand of trees removed appears to be more than 100' from the downhill wetland.'
Ross - line 3 - add and send to Atty. M. Zizka for his review.'
Pullaro - line 1 - "Reported' s/b Heard' - by s/b from.'
Sheinfeld - line 1- Mrs. Hill' s/b the matter.'
Washington Montessori School - line 3 - woo' s/b wood.'
Looked at administration items including' s/b Discussed, briefly' - add the Commission's 2004-05' before budget' - add were' before asked.'
line 2 - delete first the' - training' s/b program' - delete on.'
line 3 - wetlands buffers' s/b by C.A.W.S. - it will deal with wetland buffers.'
Noted that Katz, IW-03-67, 136 Nichols Hill Road, repair wall, was denied at the 1-28-04 meeting because the sixty-five day time limit was up on 1-29-04. However, the Commission received a request for an extension on 1-29-04. Following proper procedure, members asked authorized agent Robert Zaloski to submit a new application without a fee.
Discussed Gentile, IW-03-68, 38 Winston Drive, construct dwelling, with Ross Gentile and Steven Trinkaus, P.E., and reviewed "Plot Plan and Grading Plan, Ross Gentile, 38 Winstone Road by Trinkaus Engineering, L.L.C., revised 1-30-04" with them. Members noted this is a difficult site and agreed to have this plan evaluated by an professional engineer at Land-Tech Consultants. The plan shows extended culverting of road drainage and newly proposed curtain
Gentile con't:
drains on the westerly , uphill side of the proposed house. The Commission will ask Land-Tech to do an engineering review of the plan.
DENIED without prejudice IW-03-69, Morse Estate, 313 Nettleton Hollow Rd., construct driveway because of incomplete information. Motion by Mr. Picton, second by Ms. Purnell, and passed 5-0. The $900.00 estimated consulting fee submitted by Mr. Wanag will be returned.
DENIED the proposed revision to permit IW-98-49, Knudsen, 236 Nettleton Hollow Rd., clean pond because the revision involves a significant impact to wetlands. Motion by Ms. Purnell, second by Mrs. Hill, and passed 5-0. The Commission asked for a new application.
APPROVED IW-04-02, Rumsey Hall School, 201 Romford Rd., remove buried stumps, repair athletic field. Motion by Ms. Purnell, second by Mrs. Gray, and passed 5-0. Curtiss Smith, P.E., said his plan minimizes any impact in the 100' upland review area.
Members voted to approve the application because the field's elevation will be unchanged, no work will be done near the Bantam River, and they do not see any impacts to the river.
Discussed IW-04-03, Di Benedetto, 212/214 Calhoun St., remove invasives, vines, dead trees/prune, with Anthony Di Benedetto. Members noted the previous permit IW-03-04 is a pilot project and they will check on its progress when the growing season begins - what natives continue to grow, how native plantings are faring, and if invasives have grown back. Members requested a larger site plan/property map and pointed out the Commission's goal is to keep the forest including its under-story intact and without a mown lawn.
Members will make a Site Inspection on Thursday, February 19, 2004 at 9:00 a.m.
Discussed IW-03-V6, Levy / Kady, 129 Wykeham Rd., deposition in and near wetlands, with Atty. Leonard Blum. It was agreed that an onsite meeting will be set up in the Spring. On that day the Commission's consultant ( Chris Allan of Land-Tech,) Mr. Kady's representative and W.E.O. Michael Ajello will determine where and how much fill has been deposited and not yet removed in the Enforcement Order area starting 25' from and working on the east side toward the edge of the stream. All the fill so identified will be removed that day and any hemlocks needing to be dug up will be replanted at the resulting "original" soil levels. Mr. Allan will return at the end of the day to confirm that the work has been completed in accord with the earlier determination.
Ms. Levy and Mr. Kady will be sent a written statement with details of the agreement.
Noted IW-02-V1, Beck, 132 Calhoun St., cutting & clearing in wetlands, that no progress had been made in removing invasives from the wetlands; Mr. Ajello, E.O., is working with the Selectman's office re the timber harvest - the steep slope with the wetland below might make this a Commission concern.
Heard from Mrs. Hill that Mr. and Mrs. Bolek are appealing the denial of their application IW-03-65, Bolek, 83 East Shore Drive, docks, deck, retaining wall. Mr. Ficalora's neighbor, Mr. Guliano is appealing the Commission's approval of IW-03-54, Ficalora, 13 Winston Dr., construct dwelling.
Noted IW-02-V3, Brown, 96 Romford Rd., dam failure, Land-Tech's positive review of Denis O'Sullivan, P.E.'s hydrology study.
Heard from EO Ajello in re IW-04-V1, Guliano, 19 Winston Drive, EO approval, that an investigatory letter, dated 2-2-04, was sent to Mr. Guliano.
Heard from EO Ajello in re IW-04-V2, Fish, 201 Wykeham Rd., timber harvest near wetlands, permit violation, that an investigatory letter, dated 2-2-04, was sent to Mr. Fish.
Noted IW-02-V4, Ross, 10 Sunny Ridge Rd., wetlands restoration, that file contents will be sent to Atty. M. Zizka.
Noted IW-03-61 ATF, Sheinfeld, record conservation easement and mylar map, the matter is progressing.
Discussed briefly E.O. hours, an E.O. job description submitted by Mrs. Korzenko, and a draft of the Applicant's Guide to Processing an Application'. submitted by Mr. Bedini and Mr. Picton
ADJOURNED the meeting at 9:25 p.m. Motion by Ms. Purnell, and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary February 20, 2004
January 28, 2004
Members Present: Dorothy Hill, Charles La Muniere, Mark Picton, Margi Purnell.
Members Absent: Helen Gray.
Alternates Present: Anthony Bedini, Candace Korzenko.
Alternates Absent: Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: John Add man - Voices, Kimberly Allen, Ross Gentile, Laura and Christopher Gatto, Eric Nelson, Dorota Habib, Thomas Farmen, Dirk Sabin. TrinkausACTIONS TAKEN:
Opened the meeting at 7:03 p.m., Chairman Hill presiding.
Seated the four members present and one alternate present - Hill, La Muniere, Picton, and Purnell and alternate Korzenko for member Gray.
ACCEPTED as amended Regular Meeting Minutes of December 10, 2003. Motion by Korzenko, second by Purnell, and passed 5-0. Corrected:
Page 1, under Also Present, add Pasquale Guliano
under Ficalora, 9th line, add its length' after down' and delete water would no longer
flow to the building site'
line 10, add of grading' after feet'
line 11, add there' after added'
line 12, delete 'east-west' - insert west to east'
Page 2, under Ficalora, line 1, add rock' before hardened' and add a period after channel' and
delete containing a collection of rocks' and capitalize in' and add of the streambed'
after area'
line 2, correct spelling of Guliano' and add swale and' before 4" and
pluralize pipe' and delete a' after is'
line 4, change Historical' to lower case
line 5, add to that effect' after letter'
line 6, delete sub' of subsurface'
line 8, delete (situated at a high point)' and delete and' - insert it'
line 12, add of the original streambed'
line 14, add Some' before a lower case members' and delete agreed'
insert felt' and add a semicolon after lot' and delete and' and insert it'
line 15, delete shallower' - insert smaller'
line 19, add WLR' before Volume'
line 20, delete And' and capitalize they' and add also' after They'
and add T.C. ( before #' and )' after 1974'
under Auchincloss, line 2, delete n.d.'
line 3, add a period after six'
Corrections December 10, 2003 minutes con't:
line 4, delete and' and capitalize stones' and delete commas after Stones' and after culvert'
line 6, add northeast' before side'
line 8, add commas before without' and after machine' and delete and
do this just' and add just' before one' and add then' before observed'
line 10, delete to work' and insert for tree removal'
under Auchincloss' Motion, line 3, add twenty' before mostly'
Page 3, under Auchincloss con't., line 1, delete operating'
line 3, add in the area designated for management'
line 4, add a comma after equipment' and delete and'
line 9, delete below' - insert in the northeast side'
line 10, add ; stones to be placed by hand' after house'
under Laverge, line 2, delete out' - insert that'
line 3, add would' before require' and pluralize require' and add
has' before agreed'
line 4, delete Commission'
line 5, delete this' - insert it'
line 7, delete pointed out that several structural drainage issues would need to be included in
the plans for the alternative approach;' - insert said that with previously approved plans'
line 9, add and' after construction' and delete 150' and add ; he thought' after
driveway' and delete to' - insert should' and add adding' after consider'
line 10, delete (installed' and delete )' after 150' - insert a period and
delete added to the outlets of the' and delete s' after pipe' and add outlets' after pipe'
line 11, correct spelling of riprapped'
Page 4, under Neuhaus con't., line 6, delete'She said water would now be flowing east of the
wetland.
under Bolek, line 3, add as it existed' after dock'
line 10, delete continuous' and insert extensive' and add shore' after
lake and correct spelling of Boleks'
line14, add ; it' after area'
Page 5, under Gentile, line 2, correct spelling of Trinkaus' and delete and' - insert with an
undated revision'
line 3, delete revised no date'
line 6, delete 'they do not know' - insert the plan does not show'
line 11, delete outlet of the'
line 13, delete if any' and delete exist'
line 14, add ,review the application and make recommendations'
under Taylor, line 2, delete is' - insert will then be'
line 3, delete the comma after acres' - insert with the house site'
line 4, add proposed' before conservation'
under Enforcement, move the sentence under Randall and add Mr. Picton assumed the chair'
under Randall, line 1, add behind the stream' after field'
Page 6, under Meyers, line 2, delete pond' - insert basin'
line 3, delete 'the pond' - insert its' and after reach' delete the' - insert it'
line 4, delete pond'
under Town of Washington, delete they are' - insert that the Commission is'
Corrections December 10, 2003 minutes con't:
under Katz, title, delete Wall' - insert Dam'
line 1, delete there' - insert it' and add actually' after is' and delete downstream of the'
line 2, delete wetlands and' and capitalize the' and add a' before tenth'
Page 7, under Morse Estate, delete had' - insert have' and delete to' - insert for'
under Levy/Kady, line 5, add Mr. La Muniere disagreed.
under Consideration of Minutes, line 2, capitalize also' and present'
Page 8, under 1st Motion, line 3, capitalize regular' and delete minutes' - insert Meeting'
and delete re' before accepted' and add re' before amended'
under 2nd Motion, line 3, capitalize special' and meeting'
line 5, correct spelling of Guliano'
Page 9, under 1st Motion, 4th line, capitalize special' and meeting'
under 2nd Motion, 4th line, capitalize special' and meeting'
under 3rd Motion, 2nd line, add a comma after 66'
under 4th Motion, change ADJOURN' to adjourn'
ACCEPTED as written Site Inspection Minutes of December 3, 2003 re Bolek - IW-03-65. Motion by Picton, second by Korzenko, and passed 5-0.
ACCEPTED as written Site Inspection Minutes of December 3, 2003 re Neuhaus - IW-03-64. Motion by Picton, second by Korzenko, and passed 5-0.
ACCEPTED as amended Regular Meeting Minutes of January 14, 2004. Motion by Purnell, second by Korzenko and passed 4-0-1. La Muniere abstained as he did not attend this meeting.
Corrected:
Page 1, under Also Present, correct spelling of Addyman'
under Actions Taken, delete VOTED' - insert Moved'
under Ficalora, line 13, delete action is taken' - insert permit approval'
line 17, delete Copy' - insert A copy' and add from' after map'
line 18, delete his' and pluralize Alternative'
Page 2, under Laverge, line 10, delete said the re-construction of one corner of the road bed would be a difficult project and'
line 11, add would involve difficult construction at the lower corner
and' and add still' after might'
under Bolek, line 2, add as proposed (C.C.A. plan data)' after deck'
line 5, delete re' - insert because the' and delete equal to' - insert is
about the same as'
line 7, delete denied' - insert voted to deny'
line 8, delete expected' - insert had hoped for'
line 10, add hoped for' before design'
under Gentile, line 2, delete ,C.C.A.' and add discussed' before the' and correct
spelling of Allan'
line 4, correct spelling of Allan's'
line 5, delete a changed location for' - insert relocating'
line 6, delete in' - insert 'to'
line 7, delete a countering'
Corrections January 14, 2004 minutes con't:
line 10, correct spelling of Land-Tech'
Page 3, under Taylor, line 7, delete regulated' - insert 100' review'
under Gatto, line 4, delete the Health Dept.'s issue of a permit to put heat in the barn for
a studio which would occupy the same footprint'
line 8, delete plantings' - insert bushes'
under Knudsen, line 2, delete contractor' - insert authorized agent' and correct
spelling of Nelson'
line 4, add a period after side' and delete where there is'
line 5, capitalize a' and add a period after de-water and delete and'
line 6, delete would become a 200' tracking pad access way from the driveway'
under Levy/Kady, line 1, delete in the matter of' - insert on' and delete a' - insert an'
line 2, delete completed' - insert incomplete' and delete though partially
inadequate' and add to approve the work' after restoration'
line 3, delete' because of the tied' and add Ms. Purnell and Mr. Picton voted nay because
they felt they cannot do their job when the Commission is pushed to compromise well
thought out decisions.'
line 4, delete contractor' - insert consultant'
line 10, add Some' before Members' and change Members' to lower case
line 11, delete but they feel they' - insert others felt' and delete some
residents' - insert the Commission
line 12, add ed' after push' and delete the Commission' / on' / and in this case, as in others,'
line 13, delete in conjunction with consulting experts'
Page 4, under Meyers, add clean silt basin,' after Road'
under Katz, line 2, add in writing' after submitted'
under Wadsworth, line 4, delete proposed' and ass as shown' after line'
under Beck, line 1, add no change in re' after Noted' and delete that the status'
line 2, delete remains the same' / regulated' - insert 100' review'
under Brown, line 1, delete no date' - insert rcvd.'
line 4, delete wrote' - insert has written' and add ask' after to' and add
for his help in attaining resolution of "cases"
line 5/6, delete about sending letters on behalf of the Commission to inform them the Commission has been flexible and co-operative to a point that is no longer tenable and therefore'
Page 5, under Brown, line 1, delete the Commission will be proceeding with court action'
under Randall, line 1, no new information has'
line 2, delete been submitted to date re a' - insert the' and add has not been submitted'
under Fish, line 3, add IW-03-18 / May 14, 2003' after permit'
under Guliano, line 1, delete MOVED' - insert Agreed'
line 4, delete the excavator dug out materials from an area up-grade of the stream' -
insert the course of the drainage had been partially redirected'
under 1st Motion, add " Page 2, line 7, delete Purnell' - insert La Muniere' "
ACCEPTED as amended Site Inspection Minutes of January 26, 2004 re Taylor. Motion by Picton, second by Hill, and passed 5-0. Mrs. Korzenko will correct the typing errors.
ACCEPTED as written Site Inspection Minutes of January 26, 2004 re Knudsen. Motion by Purnell, second by Korzenko, and passed 5-0.
DENIED without prejudice IW-03-67, Katz, 136 Nichols Hill Road, repair dam, because the time limit will be up 1-29-04 and no extension request was filed. Motion by Picton, second by La Muniere, and passed 5-0.
Mr. Ajello did leave a message with Mr. Zaloski to submit a request for an extension.
Discussed IW-03-68, 38 Winston Drive, construct dwelling, with Ross Gentile and Kimberly Allen the different views re prudent and feasible alternatives to the proposed drainage, house and driveway sites. Mr. Picton read the letter from Chris Allan, Land-Tech Consultant's, Inc., 12-24-03. Mrs. Hill read the letter from Russel Dirienzo, L.F.R., Inc., 1-27-04. Mrs. Korzenko read the letter from Steven Tinkaus, Tinkaus Engineering, L.L.C., 1-14-04.
Members talked about acting on submitted plans - re-designing is not their job and about the criterion to use for sending plans to a consultant - when plans are beyond their technical ability and when the site in question has a very sensitive environment. Members asked for a final plan, applicants choice, for them to vote on and if the original plan is the applicants' choice then it would be good to try to modify it with Chris Allan's recommendations in mind - members do not favor more lengthy piping and they depend on the expert advice of their consultants.
Noted IW-03-69, Morse Estate, 313 Nettleton Hollow Road, construct driveway that Mr. Ajello left a message with Brian Neff, P.E., re a grading plan and hydraulic calculations to be given to Land-Tech Consultants.
APPROVED IW-04-01, Gatto, 155 Woodbury Road, repair & extend stone wall, install fences, renovate barn, gravel driveway, move bushes with one condition: hay bales and silt fencing shall be fortified as necessary. Motion by Korzenko, second by Purnell, and passed 5-0.
Members recalled some observations made during the site inspection - January 26, 2004. Mr. and Mrs. Gatto answered questions and added the amount of driveway fill - roughly 800 cubic feet to the description of work and to the survey map, as directed.
Members voted to approve the application because they cannot see any impacts to wetlands or watercourses and sedimentation and erosion controls are adequate.
Discussed IW-98-49, Knudsen, 236 Nettleton Hollow Road, clean pond, revision to permit with Eric Nelson, authorized agent, the Commission's concern about using the newly proposed access way through a wetland and would include a significant amount of fill put in the wetland itself. Ms. Purnell pointed out that as long as the ground is solid, access through the east side field disturbs nothing.
Members agreed a new application is in order because the proposed revision involves significant impacts to a wetland and watercourse. Mr. Picton thought a valuable addition to the application would be an engineered plan to create a silt basin to prevent scraping sediment and vegetation from the bottom of the pond every four to seven years. Mrs. Hill requested a new, accurate map to show the changed stream configuration.
Discussed IW-04-02, Rumsey Hall School, 201 Romford Rd., remove buried stumps, repair athletic field with Dorota Habib, Business Manager, and Thomas Farmen, Headmaster, the holes discovered beneath the top soil at one end of an athletic field and formed from stumps buried thirty -forty years ago. Ms. Habib said the plan, "Pavek Field, Stump Removal Plan and Soil Erosion Control Plan, Whittlesey Road Washington, CT., Rumsey Hall School by Curtiss B. Smith, L.S., January 19, 2004" calls for the worst case scenario re the estimated number of stumps.
APPROVED the revision to permit IW-02-42 ATF, Madoff, 241 West Shore Road, install fence. Motion by Hill, second by Purnell, and passed 5-0. Members voted to approve the after the fact revision because there are no impacts to wetlands or watercourses, there is no change in the grade, and the fence is made of cedar wood.
MOVED to accept the restoration work, ordered under Enforcement Order IW-03-V6, Levy / Kady, 129 Wykeham Road as it was carried out. Motion by Korzenko, second by La Muniere, and voted down 2-3. Korzenko, Picton, and Purnell voted nay. They said the restoration work should have been completed as directed and in compliance with the enforcement order, 11-17-03.
Mrs. Hill and Mr. La Muniere voted "aye" because the issue is clouded by tacit on site approvals by the WEO and a Commission member on the day the work was done; they think the applicant's consultant felt he was following the intent of the work order, and they would like to lay the issue to "rest."
Previous to the vote, Ms. Purnell explained why she no longer feels bound to recuse herself on this case.
Reported IW-04-V2, Fish, 201 Wykeham Rd., timber harvest, violation of permit by Mr. Ajello that a notice of violation, 2-2-04, was sent. All the trees harvested were dead ash but unfortunately the tractor disturbed one acre of under-story. Per phone conversation, Mr. Fish is interested in marking this forest a designated conservation area.
Members noted the clear permit condition restricting any cutting or clearing east of the driveway and stone walls, the good fortune clear cutting did not take place, the squashed under-story, and the possibility of erosion into wetlands given the existing steep slope. Members decided: 1) to wait until Spring to make a site inspection to determine the amount of canopy and under-story remaining and if re-planting is required. 2) Mr. Ajello will write a letter to Mr. Fish asking him to post conservation markers every 50 along the perimeter of the forest east of the driveway.
Reported IW-04-V1, Guliano, 19 Winston Dr., drainage extended beyond permit, deposition, by Mr. Ajello that a notice of violation, 2-2-04, was sent. Members asked Mr. Ajello to send a letter detailing what needs to be done to correct this situation - namely drainage from the two new pipes needs to be diverted to the area of the two lower pipes and Contractor Zaloski needs to remove the material deposited up-grade of the drainage swale and restore the grass areas to the south and north of the swale ends. Mrs. Korzenko cautioned Mr. Ajello to expect Mr. Guliano to comply with all of the written instructions in his enforcement letter.
Noted IW-02-V1, Beck, 132 Calhoun St., cutting & clearing in wetlands, that Mr. Ajello will send a letter re the harvested forest.
Noted IW-02-V3, 96 Romford Rd., dam failure that Mr. Ajello received a phone call from Denis O'Sullivan, P.E., to say he will deliver the requested calculations to the Land Use office but has not done so to date.
Noted IW-02-V4, Ross, 10 Sunny Ridge Rd., wetlands restoration, that Mrs. Hill and Mrs. Korzenko will pull out the relevant material from the file and also from the Brown file, IW-02-V3.
Noted IW-03-V12, Randall, 53 River Rd., mowing in wetlands, that the deed restriction has not been submitted.
Reported IW-02-48, Pullaro, 23 Calhoun St., addition, by Mr. Ajello that Leah Pullaro wants to add a small deck and handicap ramp, possibly pave the driveway and renovate the barn. Members decided a revision to the permit is in order for minor construction but the barn and driveway require a new application.
Noted IW-02-62 ATF, Sheinfeld, record conservation easement and mylar map, Mrs. Hill is very close to closure.
Noted IW-01-08, Washington Montessori School, 240 Litchfield Tnpk., construct school, vernal pools, that the Commission will work on this matter come Spring. Ms. Purnell said the old test gravel pools did contain egg masses and adult wood frogs were observed in the area.
Looked at administration items including the budget - members asked to submit their ideas to Mrs. Hill, the Washington's 225th Anniversary Celebration, and the training offered 2-25-04 on wetland buffers.
Adjourned the meeting at 11:47 p.m. Motion by Korzenko, and passed 5-0.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Katherine Moquin, Land Use Secretary February 4, 2004
January 14, 2004
Members Present: Dorothy Hill, Marguerite Purnell, Mark Picton.
Members Absent: Helen Gray, Charles La Muniere.
Alternates Present: Anthony Bedini.
Alternates Absent: Candace Korzenko, Robert Weber.
Staff Present: Michael Ajello, Katherine Moquin.
Also Present: Atty. Ann Martindale, Arthur Howland, Regine Laverge, Dorothy Bolek, Kimberly Allen, Ross Gentile, Russell Dirienzo, Maria Taylor, Laura and Christopher Gatto, Eric Nelson, Dirk Sabin, John Adderley, Voices.ACTIONS TAKEN:
Opened the meeting at 7:02 p.m., Chairman Hill presiding.
Seated the three members and one alternate present - Hill, Picton, and Purnell and alternate Bedini for member Gray.
VOTED to add to the Agenda: 1) Gatto, IW-04-01 to New Applications and 2) Knudsen, IW-98-49 Revision to New Applications and 3) Washington Montessori School, IW-01-08 to Old Business.
Motion by Mr. Picton, second by Ms. Purnell , and passed 4-0.
APPROVED IW-03-54, Ficalora, 13 Winston Drive, construct dwelling, per the revised plan, "Alternative F', 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 to 1-12-04" with the following conditions: 1) Final plans, including utility lines installation, must come back to the Commission for review of permit compliance before any work is done on site. This condition is to be shown on the site plan's construction sequence before the permit is issued. 2) The house/garage footprint (66'x30' - sixty six feet by thirty feet) and its location is material to the decision and must remain the same. 3) After clearing, drainage installation on the east, west and south sides of the property shall be completed first in the construction sequence. This condition is to be shown on the site plan's construction sequence before the permit is issued. 4) The driveway surface shall be gravel. Motion by Mr. Picton, second by Mr. Bedini and passed 3-1-0. Ms. Purnell voted nay; she prefers Alternative D' and objects to final plans not being completed and submitted before action is taken.
Members noted a faxed letter, dated 1-14-04, from Atty. Shelley Marcus for neighbor, Pasquale Guliano and a letter, dated 1-14-04, from Atty. Ann Martindale. Atty. Martindale countered the request by Mr. Guliano to postpone consideration of the application until the next meeting. Copies of the original subdivision map Town Clerk files and Alternative F' were submitted. Members reviewed with Arthur Howland his Alternative D,' E,' and F,'
Ficalora con't:
considering which plan best minimizes the impact to wetlands and watercourses and directed water, as much as possible, in its natural path.
Members approved the application because the applicant addressed Commission concerns - house/garage size, length and location of driveway, and on site drainage; Alternative F' restores a stream channel, a safer solution to a possible storm event during construction.
APPROVED, IW-03-62, Laverge, 228 Bee Brook Road, bridge, driveway and stream crossings per, "Plan & Profile, Regine Laverge, Lot 2 Bee Brook Road by C.C. A., dated 12-14-94 and revised to 1-13-04" and per plans approved 1-11-95, for permit IW-94-64 with one condition: driveway work shall be phased, so that slope stabilization, drainage improvements, and erosion controls are installed at the same time as the adjacent driveway. Motion by Ms. Purnell, second by Mr. Picton, passed 4-0.
Members reviewed the plan, previously approved, that had been revised to address the Commission's concerns in re slope stabilization and drainage design. Ms. Laverge said that the alternative of sharing a portion of the existing driveway is not possible at this point and Brian Neff, P.E., said the re-construction of one corner of the road-bed would be a difficult project and widening the driveway, might require use of the neighbor's half.
Members approved this application because this proposed driveway had been previously approved; plans were unchanged except to address current concerns.
DENIED IW-03-65, Bolek, 83 East Shore Road, construct docks, lake wall, retaining wall and deck, because of the proposed structural change to an excessive length of lake shore. Motion by Mr. Picton, second by Ms. Purnell, and passed 4-0.
Members reviewed a revised site plan and letter, dated 12-22-03, from Ron George, C.C.A.
Mrs. Bolek defended the proposed plans re a size equal to her 1950's dock footprint, substituting the now proposed deck length along the shoreline for the 1950 dock length going out into the lake.
Members denied the application because of the compromised length of shoreline, not wanting to wall off any more of the lake shore than necessary; they expected a significant revision which would limit the structural change of the lake shore to the shaded area depicted on the site plan and a design of the concrete structure to be constructed just at the edge of the lake and not extended into the water.
Discussed IW-03-68, Gentile, 38 Winston Drive, construct dwelling with Kimberly Allen, Ross Gentile, and Russell Dirienzo, C.C.A. the review, dated 12-24-03, by Christopher Allen, Certified Wetland and Soil Scientist, Land Tech Consultants, of the site development plans; Mr. Allen recommendations included two alternate locations for the house ( not requiring the proposed additional piping of the existing watercourse) and a changed location for the proposed driveway in the vicinity of the existing driveway. Ms. Allen and Mr. Gentile submitted a letter, dated 1-14-04, from Steven Trinkaus, P.E. in a countering response to Land Tech's recommendations.
Members agreed to consult with their own engineer and give the estimate to the applicant. Members will review Mr. Trinkaus' letter before the next meeting. Mr. Dirienzo will submit a letter with his analysis of the property to the Commission to give to Land Tech.
APPROVED IW-03-71, Taylor, 38 New Preston Hill Road, 2-Lot subdivision, per, "Proposed Site Development Plan, Maria W. Taylor 2-Lot Re-subdivision, 38 New Preston Hill Road by Brian E. Neff, P.E., dated 12-3-03." Motion by Ms. Purnell, second by Mr. Picton, passed 4-0.
Members read the January 8, 2004 site visit minutes and talked about the observations made and the proposed plan.
Members approved the application because there are no foreseen impacts to wetlands and watercourses, wetlands and watercourses were delineated by Michael Temple, Certified Soil Scientist, and the proposed house site is located outside the regulated area.
Discussed IW-04-01 ATF, Gatto, 155 Woodbury Road, stone wall, fences, renovate barn, driveway, move trees with Laura and Christopher Gatto. Mr. and Mrs. Gato talked about the proposed projects - the need for a safe parking area off Route 47, the stone walls in need of repair, the hay bales already placed along the back of the property, the Health Dept.'s issue of a permit to put heat in the barn for a studio which would occupy the same footprint, the wood fence they want to change to a low stone wall with a fence on top, and their hiring of Brian Neff, P.E. Mr. Ajello said all the work proposed would take place within the 100' upland review area and the trees proposed to be moved are actually plantings.
Members scheduled a Site Inspection in re above on Monday, January 26, 2004 at 9:00 a.m.
Discussed IW-98-49, Knudsen, 236 Nettleton Hollow Road, clean pond, revision to permit, permit extension with his contractor, Eric Nelsen, Garden Paths. Mr. Nelsen submitted a request for an extension of the permit until the end of July, 2004 and explained the proposed revision is to change the access area from the east side of the pond to the west side where there is a gravel bar which is high and dry at this time and seems to be a great place to de-water and would become a 200' tracking pad access way from the driveway.
Members scheduled a Site Inspection in re the above on Monday, January 26, 2004 at 9:30 a.m.
MOVED in the matter of IW-03-V6, Levy/Kady, 129 Wykeham Road, in the matter of a completed though partially inadequate restoration. Motion by Mr. Bedini, second by Mrs. Hill, and denied because of the tied 2-2 vote. Members reviewed the work that had been done with Mr. Kady's contractor, Dirk Sabin, Landscape Architect, and noted that specific instructions, given to avoid any misunderstanding, to restore the filled area within 25' from the eastern edge of the watercourse, had not been followed. Mr. Sabin countered with his opinion that the restored area has been well done and in an appropriate manner and he does not see any long term impacts to wetlands or watercourses. Mr. Ajello gave his consent to the restoration done but he did not measure the distance.
Members were divided because at this point they also did not see any long term impacts to wetlands or watercourses but they feel they cannot do their job when some residents continually push the Commission to compromise on well thought out decisions and in this case, as in others, in conjunction with consulting experts. Mrs. Hill said further discussion will take place at the next meeting on January 28, 2004.
APPROVED IW-03-58, Meyers, 5 West Church Hill Road, clean a 12' (twelve foot) diameter detention basin and excavate to a depth of 6' (six feet) as originally approved IW-98-30 on 9-9-98. Motion by Mr. Picton, second by Ms. Purnell, and passed 4-0. Mr. Ajello spoke to Mr. Meyers who does not intend to enlarge the detention basin and intends using the same contractor as before; the only access is from West Church Hill Road.
Members voted to approve this application because it is routine maintenance with the last cleaning having been done four or five years ago.
DENIED without prejudice IW-03-60, Town of Washington, Tinker Hill Road, install drainage pipes, repair road surface, due to a lack of information. Motion by Mrs. Hill, second by Ms. Purnell, and passed 4-0. Members denied this application because necessary information had not been submitted.
Discussed IW-03-67, Katz, 136 Nichols Hill Road, Repair Wall. Members agreed the following information needs to be submitted to see a completely thought out proposal with enough information on which to base their decision: 1) How far down workers would dig in order to accomplish the repairs. 2) A description of the activity. 3) A sequence of the activity. 4) Ideally, an engineered plan; a plan with a lot more detail. Mr. Ajello thought that it doesn't make sense to repair just one side and he will speak to Mr. Katz's contractor, Mr. Zaloski about the requested information.
Noted IW-03-69, Morse Estate, 313 Nettleton Hollow Road, Construct Driveway, is still without the additional grading plan and hydraulic calculations from Brian Neff and associated review by Land Tech Consultants. Mr. Ajello will call Brian Neff to find out where things stand.
APPROVED IW-03-70, Wadsworth, 12 Winston Drive, construct dwelling, per the plan, "Subsurface Sewage Disposal System, Church Hill Corp. Subdivision Lot 70A, 12 Winston Drive by Brian E. Neff, P.E., dated 8-20-03 and revised 11-30-03" with the following conditions: 1) The proposed tree line shall serve as the limit of disturbance with no cutting or clearing beyond this tree line. 2) The proposed house/garage footprint and location are material to the decision and shall remain as depicted on the above cited plan. Motion by Ms. Purnell, second by Mr. Bedini, passed 4-0. Members noted a revision to extend the curtain drain and the limits imposed by the site as to what else could possibly be done.
Members approved this application because the proposal was changed, as requested, from a four bedroom house to a three bedroom house with a corresponding smaller septic.
Noted IW-02-V1, Beck, 132 Calhoun Street, cutting & clearing in wetlands that the status remains the same. Mr. Ajello reported that a pine forest outside the regulated area has been completely cut down without a timber harvest sigh-off.
Discussed IW-02-V3, Brown, 96 Romford Road, dam failure. Mrs. Hill read a note, no date, from Mrs. Brown along with a copy of her letter, dated Dec. 18, 2003, to Denis O'Sullivan, P.E. re his long delay in submitting a promised report.
Mr. Picton wrote to Atty. Michael Zizka re Brown IW-02-V3, Ross, IW-02-V4 and Levy/Kady IW-03-V6 about sending letters on behalf of the Commission to inform them the Commission has been flexible and co-operative to a point that is no longer tenable and therefore
Brown con't:
the Commission will be proceeding with court action. Mrs. Hill will send Atty. Zizka all pertinent information. Mr. Picton will ask Atty. Zizka about the viability of applicants paying his fees.
Noted IW-03-V12, Randall, 53 River Road, mowing in wetlands that no new information has been submitted to date re a requested deed restriction.
Reviewed the Enforcement Officer's report with Michael Ajello.
IW-04-01 ATF, Gatto, 155 Woodbury Road. Mr. Ajello pointed out that this application started out as a violation re an entire lawn re-graded and stone walls repaired without a permit.
IW-04-V2, Fish, 201 Wykeham Road, timber harvest near wetlands. Today Mrs. Hill told Mr. Ajello to inspect logging activity taking place on the east side of the driveway against a very specific condition to the permit that there not be any cutting or clearing on the east side of the driveway and stone walls. Mr. Ajello observed a path cut through the silt fence and approximately 1/2 an acre of cut trees and disturbed woodlands; Brian Anderson said that he had permission from the owner to cut firewood. Mr. Ajello will send a Notice of Violation to Mr. Fish with a copy to Mr. Anderson and check the list of licensed State Foresters.
Wahlin, 127 Wykeham Road. Ms. Purnell stated wetlands exist on this site.
Noted IW-02-V4, Ross, 10 Sunny Ridge Road, wetlands restoration that nothing new has been submitted to date.
MOVED in the matter of IW-04-V1, Guliano, 19 Winston Drive, un-permitted extended drainage work, to direct Mr. Ajello to send a Notice of Violation to Mr. Guliano. Mr. Ajello reported that drainage work approved by him had been extended beyond the perimeter of the lawn and the excavator dug out materials from an area up-grade of the stream.
ACCEPTED as amended Special Meeting Minutes of January 7, 2004 re administration. Motion by Mr. Picton, second by Mr. Bedini, and passed 4-0.
ACCEPTED as written Special Meeting Minutes of January 8, 2004 re Taylor - IW-03-71. Motion by Mrs. Hill, second by Mr. Bedini, and passed 4-0.
ACCEPTED as written Special Meeting Minutes of January 8, 2004 re Katz - IW-03-67. Motion by Mrs. Hill, second by Mr. Picton, and passed 4-0.
Noted IW-02-61 ATF, Sheinfeld, record conservation easement and mylar map that Mrs. Hill is close to the completion of this condition to the permit.
Noted IW-01-08, Washington Montessori School, 241 Litchfield Tnpk., construct school that Ms. Purnell decided not to make a site inspection because the snow obstructs any useful observation.
Discussed the administration of the meeting schedule and minutes.
ADJOURNED the meeting at 12:15 a.m., January 15, 2004. Motion by Mrs. Hill and passed 4-0.
Filed Subject To Approval
Respectfully submitted,
Katherine Moquin
Land Use Secretary
January 23, 2004
Meetings in 2003