Inland Wetland Minutes - August 11, 2003

Inland Wetlands Commission

August 11, 2003

Board Members Present: Chairman Arnold Koehler, Brian Doody, John Kaufman, David Holley
Alternates Present: Charles Wentworth, George Carrington
Absent Members: Steven Skrebutenas
Others Present: Bill Donovan, Land Use Inspector/Clerk

Chairman Koehler called the meeting to order at 7:03 p.m. C. Wentworth was seated for Steven Skrebutenas.

Approval of Minutes: Motion by C. Wentworth, seconded by B. Doody to approve the Minutes of the July 14, 2003 meeting. Three votes in favor with two abstentions. Motion to approve carried.

Correspondence: 1) DEP Bureau of natural Resources "Connecticut Wildlife" July/August 2003 (5) Land-Tech Consultants, Inc. Newsletter, Spring 2003.

Old Business:

a.) Application 19-02: Tesco Rentals, LLC, 151/155 Union City Road. Regulated activities associated with a proposed Elderly Housing Complex (continued from June 9th). There was no representation by the applicant. Chairman Koehler read into the record a letter from Hank Berberat of Tesco Rentals, LLC granting a 65-day extension of time for making the decision. Mr. Berberat indicated they are still incorporating comments from the Town engineer into a revised final plan and should have that plan available for the August 25th meeting. There was no discussion on this application.

b.) Application 01-03: Justin Gill, 117 Cook Road. Clearing/filling within a wetlands. Mr. Gill was not in attendance. Chairman Koehler stated a site walk did take place on August 5th. The commission reviewed their observations at the site walk which included the presence of woodchips, fill material and stumps within a wetlands area and excavation and clearing within the adjacent regulated area. It appeared that at least a portion of the regulated area Mr. Gill has disturbed is within a previously filled wetlands. Chairman Koehler mentioned the need for Mr. Gill to remove soils deposited in wetlands at the eastern most section of the disturbed area and restore that section to natural grade and condition. B. Doody stated the need for the applicant to have a soils scientist locate and flag the wetland boundary and to produce a detailed map of the wetlands that shows where his activities are taking place. J. Kaufman also stated Mr. Gill should produce a plan showing the location of his proposed garage in relation to the designated wetlands on his property. B. Donovan will send a letter to Mr. Gill on these matters and request his presence at the August 25th meeting.

c.) Application 02-03: Stephen Torselli, 1 Woodland Terrace. Filling within a regulated area. Chairman Koehler stated a site walk did take place on August 5th with Mr. Torselli attending. Commissioners concluded that the area being filled on Mr. Torselli's front yard does not impact the approximate wetlands. Further, it was observed during a heavy downpour at the site walk that the water within the fill area drained away from the abutting Miele property in a southerly direction. Motion by J. Kaufman, seconded by C. Wentworth to approve Application 02-03 of Stephen Torselli for regulated activities associated with filling of a portion of the front yard at 1 Woodland Terrace. Unanimous.

Public Hearings: None

New Business:

Chairman Koehler called for a motion to add Shannon Development, LLC under "New Business". Motion by B. Doody, seconded by D. Holley to add Shannon Development, LLC under New Business for regulated activities at 80 Straitsville Road. Unanimous.

a.) Shannon Development, LLC, 43 Suffolk Street, Waterbury, CT 06704. Regulated activities associated with a proposed two-lot division at 80 Straitsville Road. Scott Poryanda, Connecticut Consulting Engineers, 43 ½ Colony Street, Meriden, CT represented the applicant. Mr. Poryanda introduced this application as a two-lot development replacing a five-lot subdivision that was previously submitted before wetlands and withdrawn. The total area involved is 8.40 acres of which 4,500 square feet of wetlands would be disturbed. Regulated activities consist of a twin driveway crossing through a wetland area and a septic system on the proposed Lot 2. J. Kaufman questioned whether the proposed septic reserve area for the abutting property that is shown close to the wetlands should also be considered with this application. G. Carrington asked whether the proposed driveways would be tarred or final graded with process or other pervious material. Mr. Poryanda stated there really is no way to prevent a future homeowner from paving their driveway if they choose to do so. The top grade of the driveways crossing through the wetlands would be lower than Straitsville Road and would not direct surface waters out onto Straitsville Road. D. Holley requested calculations on how much organic matter is to be removed to reach a solid base on which the driveways would be placed. Motion by B. Doody, seconded by D. Holley to accept Application 03-03 of Shannon Development for regulated activities at 80 Straitsville Road. Unanimous. A Site Walk was scheduled for Tuesday, August 19th at 6:00 p.m.

Enforcement Hearings: Chairman Koehler read into the record a letter of response from Earl Reilly, 179 Union City Road regarding the existing shed located on the water's edge of his pond. Mr. Reilly had applied for, and received a permit to construct a pole barn in a regulated area. Mr. Reilly had indicated to the commission that once the new barn is finished, which is further away from his pond than the shed is that he would remove the shed. In his letter, Mr. Reilly states his intention is still to remove the shed.

Land Use Inspector's Report: Bill Donovan distributed copies of § 22a-42a, c(2) of the Statutes that describes the conditions by which a duly authorized agent of the commission can approve certain regulated activities. Bill reviewed with the commission the intent of this Section, which is to quicken the permit process for minimal impact inland wetlands approvals, and the parameters by which the agent's decision can be appealed and, if deemed necessary, rejected by the commission. Bill will provide a list of minimal impact activities (deck, shed, aboveground pool, etc.) as examples of what the agent would be authorized to approve by the commission.

Public Participation: None

Adjournment: Motion by C. Wentworth, second by D. Holley to adjourn at 8:25 p.m. Unanimous.

Arnold Koehler
Chairman