Inland Wetland Minutes - May 14, 2001

Inland and Wetlands

May 14, 2001

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

Chairman Arnold Koehler called the meeting to order at 7:03 p.m. Steven Skrebutenas was seated for David Holley.

Approval of Minutes: Chairman Koehler read aloud the minutes of April 9, 2001. Chairman Koehler noted that a site walk was held at 20 Platt Drive on May 8, 2001. Motion by Lawrence Gomez, seconded by Brian Doody to approve the minutes of the April 9, 2001 meeting as read. Unanimous.

Communications:

  1. Second Notice Membership Dues June 2000 to June 2001 - Connecticut Association of Conservation & Inland Wetland Commissions, Inc.
  2. Regional Water Authority Newsletter, Spring 2001 - Water Views.
  3. Institute for Wetland & Environmental Education & Research - 2001 Basic Wetland Delineator Training.
  4. NEC-NALMS 2001 Conference - Agenda & Registration.
  5. City of Waterbury Notice of Public Hearing re: Pond Place Development, LLC.
  6. Information on Historic Preservation Plans provided by Jane Fowler.
  7. Connecticut Wildlife - May/June 2001.
  8. Letter from the Trust for Public Land re: Help in Protecting Special Areas for Open Space.
  9. Regional Water Authority Annual Report for 2000.

Old Business:
a. Quality Hardwood, 1746 Plank Road, Cheshire, CT. Application #11-2000 for Wood Products Production in a Regulated Area - 80 & 84 Scott Road. Scott Poryanda of Connecticut Consulting Engineers, representing Quality Hardwood, explained revisions made as requested by the Commissioners at the April 9, 2001 meeting. Sheet 4 of 5 of the drawings show the gravel driveway detail with added filter fabric, 18" of crushed rock, 8" of gravel and 4" of 2" crushed stone. Sheet 3 of 5 shows the silt fencing completely surrounding the processing area. Sheet 3 of 5 also shows where the paved road will end. The Commissioners had Mr. Poryanda note on Sheet 3 of 5 where the 18" crushed rock base area of the access road would end. Motion by Brian Doody, seconded by Lawrence Gomez to approve Application #11-2000 for a driveway stream crossing and wood products storage and production for property located at 80 & 84 Scott Road according to the drawings prepared by Connecticut Consulting Engineers dated 2/17/01 with latest revisions to 5/1/01 and modified at the May 14, 2001 meeting. Unanimous.

b. William & Linda Henaghan, 20 Platt Drive. Application #13-2000 for an Addition with Added Deck to an Existing Home in a Regulated Area. Scott Poryanda of Connecticut Consulting Engineers, representing the applicant, presented a revised site plan map indicating the installation of rip-rap at the end of roof leaders leading into the wetlands as requested by the Commissioners at the site walk held on May 8th. Chairman Koehler asked that any disturbed areas be vegetated so as not to leave bare soil. Mr. Poryanda stated that all disturbed areas would be loamed and seeded. Bill Donovan noted that the applicant had notified the Connecticut Water Company of the activity, as it is within a watershed area, and the Connecticut Water Company indicated to Bill that they have no problems with the plan as presented. Motion by Brian Doody, seconded by Lawrence Gomez to approve Application #13-2000 as presented, for an addition with added deck to an existing home for property located at 20 Platt Drive. Unanimous.

New Business:
a. Diversified Builders, (Lot14), 1 Brookshire Drive. Application for (1) Single Family Home and Septic in a Regulated Area. Jim Kulpa of Milone & MacBroom, representing the applicant, presented a site plan map approved by Chesprocott Health District on 4/18/01 for the construction of a new single family home and septic system within a regulated area. Fees of $240.90 and $10.00 have been paid. Chairman Koehler read a letter dated May 11, 2001 from the Cheshire Inland Wetlands & Watercourses Commission. The Cheshire Inland Wetlands Commission is requesting that appropriate measures be taken to protect all wetlands and watercourses potentially impacted by the proposed activity. In particular, ensuring that sediment and erosion controls are installed and maintained, including a buffer along the site's wetlands to protect the wetlands and on-site watercourses from lawn fertilizers. Motion by Lawrence Gomez, seconded by Steven Skrebutenas to accept Application #14-2000, Diversified Builders, Lot 14 Brookshire Drive, as presented. Unanimous. A site walk was scheduled for June 5, 2001 at 6:00 p.m. with a rain date of June 7, 2001 at 6:00 p.m.

b. David Michalowski, 90 Summit Road. Application for Septic System within a Regulated Area. David Michalowski presented a site plan map approved by Chesprocott Health District on 5/10/01 for the construction of a septic system within a regulated area. Fees of $140.00 and $10.00 have been paid. Motion by Brian Doody, seconded by Steven Skrebutenas to accept Application #15-2000, David Michalowski, 90 Summit Road, as presented. Unanimous. A site walk was scheduled for June 5, 2001 at 6:45 p.m. with a rain date of June 7, 2001 at 6:45 p.m.

Public Hearings:
a. J.N.J. Realty, LLC, 97 Waterbury Road. Application #08-2000 for a Car Wash Facility/Quick Lube. The public hearing was opened at 7:40 p.m. Chairman Koehler stated that the hearing was being taped and read the Notice of Public Hearing as it appeared in the Waterbury Republican American. Attorney Edward Fitzpatrick, representing the applicant, submitted the following documents for the record: 1) A letter dated 1/9/01 from J.N.J. Realty to the City of Waterbury, Water Department, notifying them of the application for a proposed car wash; 2) A letter dated November 2, 2000 to the D.E.P. Water Management Bureau questioning whether there is any permitting required by the D.E.P.; 3) A letter dated November 3, 2000 from the D.E.P. Water Management Bureau stating "Since there is no discharge in this case, no D.E.P. permit is required,"; 4) A letter dated 1/17/01 from RPM Power Equipment, Inc., 101 Waterbury Road, stating they have no objections to the proposed car wash; and 5) A Design Impact Statement prepared by OCC Design Consortium, LLC. Attorney Fitzpatrick noted the facility is a self- contained 100% recyclable system, currently water runoff comes from Route 69, and the proposed drainage plan actually improves the conditions that exist now on the property. Attorney Fitzpatrick stated for the public that this hearing is about water and the impact the facility may have on inland wetland watercourses. Attorney Fitzpatrick also stated that the reservoir located approximately 800 feet from the property most likely will never be used for public water due in part to the contaminants from existing drainage from Barry Lane. It was further noted that the drainage plan for the proposed car wash has been revised to address concerns of the Commission and the Town Planner. David Carson of OCC Design Consortium, LLC, detailed the drainage plan for the Commission and the public. Brian Doody asked whether a report had been received from the Town Engineer on this project. Chairman Koehler read the letter received from the Town Engineer, Robert B. Oley, PE, of Land-Tech Consultants, which states that "the applicant's engineer has adequately addressed the required engineering design, wetland, and erosion and sediment control issues." Chairman Koehler asked for comments and/or questions from the public. Sandra Hayes, 18 Country Brook Road, stated that change is inevitable and the residents have to hope that the Boards and Commissions make responsible decisions to ensure that safeguards are in place to protect the environment. Mrs. Hayes stated that she is in favor of the proposed car wash. Carol Lawrence, 9 Barry Lane, stated that she is concerned for her drinking water and that no plan is 100% foolproof. Gene McCarthy, Assistant Director of Public Works briefly discussed the history of water drainage in the area and stated that the technology available today allows for better designed drainage systems to avoid problems caused by poorly designed systems of the past. Sigrun Gadwa of Carya Ecological Services, representing the Concerned Prospect Citizens, submitted a review of the application listing their areas of concern as: 1) potential impacts on reservoir downslope of the site; 2) potential impacts on functions of the wetlands and watercourses downstream of the site, including spills and risks due to negligence; 3) regulated areas on the site; 4) water quality and drainage; 5) water quality issues related to design of proposed best management practices. Ms. Gadwa submitted a drainage review dated 5/9/01 by Donald T. Ballou, Professional Engineer addressing #4 of their concerns. Nick DelRosso of Prospect Golf, 144 Waterbury Road, stated his support for the proposed car wash. Cynthia Rabinowitz, the applicant's soil scientist, reiterated her soils report for the Commission and the public. Ms. Rabinowitz feels that the applicant is going above and beyond what is required and stated that the proposed drainage system will actually improve the current conditions that exist on the site. Mike Dreher, 2 Stonefield Drive, read a copy of a letter from the City of Waterbury, Bureau of Water, to the Prospect Inland Wetlands Commission dated March 9, 2001 regarding the proposed car wash. The letter is part of the file for this application. Mr. Dreher discussed delineation of a watercourse and potential impacts when best management practices are not followed and enforced. Mr. Dreher expressed his opposition to an activity that could be harmful to the human health and natural resources of our Town. Sherri Cocchiola, 10 Maple Drive, spoke as a resident and as Vice Chairperson of the Conservation Commission noting that a letter was placed on file with the Inland Wetlands Commission from the Conservation Commission stating their opposition to the proposal on this site. Mrs. Cocchiola has a major concern for the residential wells on Barry Lane and referred to comments made earlier by Gene McCarthy, stating that these problems may have existed for years, but that the public now is more aware of the effects businesses have on our natural resources and it is a problem. A letter from Richard & Joan Johnson, 36 Beach Drive, was read into the record opposing the proposed car wash and lube center. Lee Knox, 16 Barry Lane, stated her concern for the residential wells on Barry Lane as well as the potential risks to the animals and plants that benefit from the reservoir. Helen Plante, 5 Rosewood Drive, asked what safeguards were being taken with the lube facility to ensure that those waste oils will be taken away properly. Denise Riberio, Putting Green Lane, asked what the life expectancy of a holding tank is and who is responsible if the system fails. Ms. Gadwa submitted her resume, a section of an on-line Encyclopedia of toxic materials on polycyclic aromatic hydrocarbons (PAHs) and explained that PAH's are a major concern with storm water outfalls. Ms. Gadwa also stated a concern with short-circuiting of runoff through the enhanced area and the distance is too short for any significant treatment. On behalf of the Concerned Prospect Citizens, Ms. Gadwa stated that they do not feel the site is suitable for the proposed car wash facility. Attorney Fitzpatrick addressed comments made by the public regarding the location of the site and credibility of the Town Engineer report. Also noted was the design of the proposed car wash which extends the enclosed area 15 feet longer than the Southbury Car Wash which will help contain additional runoff from dripping vehicles. Attorney Fitzpatrick concluded by commenting that there are hazardous components in everything and that the proposal has been carefully detailed and planned to make sure existing conditions and water quality are going to improved. A (3) minute recess was called at 9:55 p.m. The public hearing reconvened at 9:58 p.m. Chairman Koehler noted for the audience that David Carson would be allowed to address comments and questions raised by the public and then the public hearing would be continued to the next meeting on June 11th. Mr. Carson stated that the waste oil from the lube center would be contained in a pit under the car, put into 55-gallon drums and hauled away by a certified waste hauler. Mr. Carson also stated that the underground tank is made of concrete and has an untold life span. Mr. Carson commented on the concerns of the neighbors regarding their idea of an "appropriate" location for the car wash stating that undercarriage drippings on any road will go into a storm drainage system that ultimately discharges into a stream somewhere. Chairman Koehler asked the applicant to provide for the June 11th meeting specifics on the filtration system as well as the types of detergents and cleansers that will be used. The public hearing was recessed for the evening.

New Business:
c. Pete Conroy, 59 & 61 Summit Road. Application for (2) Single Family Homes, Septic and Driveway in a Regulated Area. Pete Conroy, agent for property owners Nick & Nicolina Bollela, presented an application for (2) new single-family homes with septic and driveway within a regulated area. Mr. Conroy explained that there was a question regarding missed wetlands on a previous application for this property. (#07-2000 withdrawn 3/12/01). A report dated April 25, 2001 by Soil Resource Consultants was submitted to the Commissioners regarding the wetland delineation. Chairman Koehler asked if an updated map showing the final proposed locations of the house and septic system was available. Mr. Conroy stated that an updated map would be submitted at the next meeting. It was noted that fees of $385.00 & $10.00 had been paid with application #07-2000 and had not been refunded to Mr. Conroy in anticipation of another application for this proposal. Motion by Brian Doody, seconded by Steven Skrebutenas to accept Application #16-2000, Pete Conroy, 59 & 61 Summit Road, with the stipulation that the maps be updated to show the final proposed location of the house and septic system by the June 11, 2001 meeting. Unanimous. A site walk was scheduled for June 5, 2001 at 7:00 - 7:15 p.m. with a rain date of June 7, 2001 at 7:00-7:15 p.m.

d. Donald Oldakowski, 7 Spring Road & 173 Union City Road. Application for (2) Single Family Homes and Septic in a Regulated Area. Paul Bunevich of Land-Data Engineers, representing the applicant, presented a site plan for a single family home and septic system within a regulated area (noted on Lot 2) and a septic system for a second single family home (noted on Lot 1) also within a regulated area. A fee for (3) regulated activities in the amount of $355.00 was paid. Mr. Bunevich would get a check for the State in the amount of $10.00 to Bill by the end of the week. Motion by Steven Skrebutenas, seconded by Brian Doody to accept Application #17-2000, Donald Oldakowski, 7 Spring Road & 173 Union City Road, as presented. Unanimous. A site walk was scheduled for June 5, 2001 at 7:30 p.m. with a rain date of June 7, 2001 at 7:30 p.m.

Enforcement Hearings: None

Land Use Inspector's Report: Bill Donovan reported that Larry Gomez had given a "heads up" to Bill regarding property on Route 68 where a foundation was being installed without appropriate permits. Brian Doody asked Bill Donovan to check on a property on Platt Drive across from the Henaghan's where there seemed to be a lot of bulldozing activity taking place.

Public Participation: None

Motion by Steven Skrebutenas, seconded by Brian Doody to adjourn at 10:34 p.m. Unanimous.

Arnold Koehler, Chairman