Inland Wetland Minutes - March 12, 2001

Inland and Wetlands

March 12, 2001

Board Members Present: Chairman Arnold Koehler, David Holley, Brian Doody, John Kaufman
Alternates Present: Harold Bernier, Enver Kaba
Absent Members: Joseph Piotrowski, Lawrence Gomez (Alt.)
Others Present: Bill Donovan, Land Use Inspector

Chairman Koehler called the meeting to order at 7:00 p.m. Harold Bernier was seated for Joseph Piotrowski.

Approval of Minutes: Minutes of the February 26, 2001 meeting were read aloud. Motion by John Kaufman, seconded by Brian Doody to approve the minutes of the February 26, 2001 meeting as amended. Unanimous. Chairman Koehler noted that the site walks scheduled for March 10, 2001 for 80 & 84 Scott Road and 97 Waterbury Road were cancelled due to inclement weather.

Communications:

  1. Invoice dated February 15, 2001 from Land-Tech Consultants, Inc., re: 97 Waterbury Road for Professional Services for $247.50.
  2. Notice of 2001 Municipal Inland Wetland Commissioners Training Program from the Connecticut D.E.P., Bureau of Water Management.
  3. Notice of Annual Conference of the New England Chapter of the North American Lake Management Society.
  4. Notice from the Office of the Mayor dated February 26, 2001 re: Web Page.
  5. Publication from the Connecticut Association of Conservation & Inland/Wetland Commissions, Inc. – The Habitat, Winter 2001.
  6. Letter from the City of Waterbury Bureau of Water dated March 9, 2001 re: Proposed Car Wash, Rte. 69.

Old Business:
a. Peter Conroy, 59 & 61 Summit Road. Application #07-2000 for (2) Houses, Septic System & Driveways in a Regulated Area. This application was accepted at the January 8, 2001 meeting. Chairman Koehler read a letter submitted by Peter Conroy dated March 7, 2001stating that he is withdrawing the application until further notice. A soil scientist is currently investigating the property.

b. David Praskievicz, 1746 Plank Road, Cheshire, CT. Application #11-2000, for Wood Products Production in a Regulated Area – 80 & 84 Scott Road. This application was accepted at the February 26, 2001 meeting. Chairman Koehler read a letter dated March 12, 2001 from Scott Poryanda, P.E. with Connecticut Consulting Engineers, LLC, asking the Commissioners to table this application for the evening and reschedule a site walk at the Commission’s earliest convenience. A site walk was scheduled for Saturday, April 7, 2001 at 8:00 a.m.

Motion made by John Kaufman, seconded by Brian Doody to pay the invoice from Land-Tech Consultants, Inc., in the amount of $247.50 for professional services through January 2001 in reference to 97 Waterbury Road. Unanimous.

New Business: None

Public Hearing:
a. J.N.J. Realty, LLC, 97 Waterbury Road. Application for a Car Wash Facility/Quick Lube. This public hearing was continued from the February 26, 2001 meeting and opened for the evening at 7:30 p.m. Attorney Edward Fitzpatrick, representing the applicant, submitted a letter from David Carson of O.C.C. Design Consortium, LLC, stating that in light of the recent inclement weather and time constraints, the applicant feels it to be in the interest of all parties concerned to withdraw the present application and restart the clock by reapplying. Chairman Koehler read Mr. Carson’s letter aloud which requested the following action by the Commission: 1) Previously paid fees (minus the costs of renotification) be applied against the new application fee; 2) The existing file be accepted as complete for the new application at the regularly scheduled meeting of March 12, 2001; 3) A new site walk be tentatively scheduled for March 31, 2001 with a fall back date of April 7, 2001; and 4) A public hearing be set for April 9, 2001. The public hearing for Application #08-2000 was closed at 7:38 p.m.

The Commissioners discussed David Carson’s requests regarding a new application for the proposed car wash/quick lube facility. Motion by John Kaufman, seconded by Brian Doody to accept a new application from J.N.J. Realty, LLC, #12-2000, as was previously submitted and recorded as Application #08-2000 and apply previously paid fees towards this new application, adding $150.00 to cover the cost of renotification. Unanimous. It was noted that additional information relative to this application may also be submitted as a result of the site walk and/or the public hearing. A site walk was scheduled for 97 Waterbury Road for April 7, 2001 at 9:00 a.m. with a fall back date of May 12, 2001 at 8:00 a.m. if necessary. A public hearing on Application #12-2000 was scheduled for May 14, 2001 at 7:30 p.m.

Enforcement Hearings: None

Land Use Inspector’s Report: Bill Donovan encouraged the Commissioners to take advantage of the training courses being offered by the Council of Governments of Central Naugatuck Valley.

Public Participation: Mike Dreher, 2 Stonefield Drive, asked if the soil scientist would be at the site walk for 97 Waterbury Road. Chairman Koehler stated that the applicant would be contacted to have the soil scientist attend the site walk if possible. Chairman Koehler reviewed the timeline for the new application as well as the purpose of a site walk. Sigrun Gadwa of Carya Ecological Services stated that there are missing pieces of information that need to be addressed. Mr. Dreher, on behalf of the Concerned Prospect Citizens, asked what the status of the Verified Notice of Intervention was that was submitted at the 2/26/01 meeting. Bill Donovan stated that the group needs to provide information to the Commission showing that this application “involves conduct which has, or which is reasonably likely to have, an effect of unreasonably polluting, impairing or destroying the public trust in the air, water or any other natural resources of the state.” (The Environmental Protection Act of 1971 Connecticut General Statutes Section 22a-19 et seq.). The Commission then would determine the intervention status. Chairman Koehler stated the Commissioners would discuss the issue at the next regular meeting on March 26th.

Motion by David Holley, seconded by Brian Doody to adjourn at 8:24 p.m. Unanimous.

Arnold Koehler
Chairman