TOWN OF WOODBURY INLAND WETLANDS AND WATERCOURSE AGENCY 281 Main Street South Woodbury, Connecticut
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1 TOWN OF WOODBURY INLAND WETLANDS AND WATERCOURSE AGENCY 281 Main Street South Woodbury, Connecticut TELEPHONE: (203) FAX: (203) First land deed from the Indians April 12th 1659 MINUTES REGULAR MEETING / PUBLIC HEARING INLAND WETLANDS AND WATERCOURSES AGENCY February 23, 2015 MEMBERS PRESENT Mary Tyrrell Susan Windesheim Marty Newell Charlie Lewis ALTERNATES PRESENT Don Richards Mike Gransky Wes Clow MEMBER ABSENT Ernest Werner OTHERS PRESENT Town Planner Kathy Castagnetta, Attorney Kaelin, Attorney McVerry, Mr. Albright, Mr. Lavertue, Mr. Petris, Mr. Dugan, Ms. Giuliano, Ms. Delo, Mr. Gombas, Mr. Hart, Mr. Lynch, Ms. Peterson and members of the public and press. Regular Meeting a. Chairwoman Tyrrell called this regular meeting of the Inland Wetlands and Watercourses Agency to order at 7:00 pm. b. Mary Tyrrell seated Marty Newell, Charlie Lewis, Susan Windesheim and herself. Mike Gransky was seated for Ernest Werner. Reference was made to the Connecticut General Statutes regarding conflict of interest and the Town Regulations. Election of Officers Don Richards reported that the Nominating Committee put forth the following nominations: Sue Windesheim as Secretary Marty Newell as Vice Chair Mary Tyrrell as Chairperson MOTION: To accept the nominated slate of officers for the IWWA for Made by Richards, seconded by Clow and unanimously approved. Executive Session: To Discuss Pending Litigation - Zappone MOTION: To enter into executive session at 7:03 p.m. along with Attorney Kaelin and Town Planner Kathy Castagnetta to discuss pending litigation regarding Zappone. The group exited executive session at 7:22 p.m. with no action taken. MOTION: To continue the Regular Meeting until after the Public Hearing. IINWA Minutes Meeting February 23, 2015 Page 1 of 6
2 Made by Windesheim, seconded by Lewis. Vote 5-0. Marty Newell, Mike Gransky, Charlie Lewis, Susan Windesheim and Public Hearing continued a. Chairwoman Tyrrell called this public hearing of the Inland Wetlands and Watercourses Agency to order at 7:23 pm. b. Mary Tyrrell seated Marty Newell, Charlie Lewis, Susan Windesheim and herself. Mike Gransky was seated for Ernest Werner. Reference was made to the Connecticut General Statutes regarding conflict of interest and the Town Regulations. 14-IW-1421 / White Deer Rocks, LLC / 350 White Deer Rocks Rd / Install Driveway within a Regulated Area / Map 006 / Lot 003 Attorney McVerry came forward and reported that they have just received the engineering review from Milone & McBroom and their engineer has not had the opportunity to review it; therefore, he will not be present at this meeting. The plans received 2/17/15 with the proposed changes were reviewed. Mary Tyrrell noted that pull-off sites were added at the request of the fire department. The driveway is 18 feet wide with the exception of the crossing, which is 16 feet wide. Attorney McVerry noted that Milone & McBroom agrees that the use of the old wood road would create less disturbance. Chairwoman Tyrrell clarified that the initial review was done on 1/7/15 and a subsequent review was received 2/23/15. It was determined that therevised plans submitted to Milone & McBroom contained an incorrect Sheet 4. The need for guard rails was discussed. The risk to wetlands, should a vehicle end up in the brook, was noted. It was agreed that, if the passway is wide enough, stones would be acceptable in place of a guardrail. Ted Hart came forward as a representative of Milone & McBroom and explained their review of the plans. He noted that the cross section detail should note two pipes and their height. The size of the pipes and the construction of the crossing was discussed. The inclusion of the design of the rip rap stone basin was requested as well as the water bar sizing. Attorney McVerry submitted a letter agreeing to the extension of this hearing until 3/9/15. Chairwoman Tyrrell reminded the group that this hearing must be closed that evening. Therefore, additional information should be submitted directly to Milone & McBroom to expedite the review. The pipe size was discussed and it was noted that the larger pipe would be preferred with at least two feet of fill on top of it. Ted Hart explained that vegetative growth is needed to stabilize the slopes. He confirmed that rip rap with soil in between the stones would work well. Chairwoman Tyrrell opened the hearing for public comment. The members of the public did not wish to comment at this time. Mary Tyrrell reminded the public of the need to respect each other's property and to call the Land Use Office with their concerns. This public hearing was continued to March 9, Regular Meeting continued a. Chairwoman Tyrrell called this regular meeting of the Inland Wetlands and Watercourses Agency to order at 8:12 pm. b. Mary Tyrrell seated Marty Newell, Charlie Lewis, Susan Windesheim and herself. Mike Gransky was seated for Ernest Werner. Reference was made to the Connecticut General Statutes regarding conflict of interest and the Town Regulations. IWWA Minutes Meeting February 23, 2015 Page 2 of 6
3 Pending Applications 14-IW-1421 / White Deer Rocks, LLC / 350 White Deer Rocks Rd / Install Driveway within a Regulated Area / Map 006 / Lot 003 Tabled - public hearing continued New Application 14 / IW / 1425 / Tom & Joan Malloy (Owners), Frank Dugan (Agent) / 246 Tuttle Rd. / Construct a SFD, Driveway, Septic & Other Associated Appurtenances/ Map 19 / Lot 72 Frank Dugan came forward and explained that this plan was previously approved by the IWWA; however, an extension request was never filed, so the previous approval expired. There have been no changes to the original plan. Mary Tyrrell reviewed the map with the Agency and noted that no significant changes to the regulations have been made since this approval. MOTION: To classify as summary application 14 / IW / 1425 / Tom & Joan Malloy (Owners), Frank Dugan (Agent) / 246 Tuttle Rd. / Construct a SFD, Driveway, Septic & Other Associated Appurtenances/ Map 19 / Lot 72. Made by Lewis, seconded by Windesheim. Vote 5-0. Marty Newell, Mike Gransky, Charlie Lewis, Susan Windesheim and A draft motion along with a copy of the previous approval were requested for the next meeting. 15-IW-1501 / Anne Delo & Rosemary Giuliano (owners) / 47 Pomperaug Road / Installation of Stationary Generator with Associated Appurtenances within a Regulated Area / Map 034 / Lot 005A Ms. Giuliano and Ms. Delo came forward along with their electrician. A photo of the site was submitted and the area of the proposal was located on the photo. It was noted that the propane tank will be within the flood plain and is proposed to be anchored on a concrete pad. The 28" x 48" generator will also be placed on a concrete pad. A small compact backhoe will be used to dig trenching. MOTION: To classify as summary application 15-IW-1501 / Anne Delo & Rosemary Giuliano (owners) / 47 Pomperaug Road / Installation of Stationary Generator with Associated Appurtenances within a Regulated Area / Map 034 / Lot 005A. Made by Newell, seconded by Gransky. Vote 5-0. Marty Newell, Mike Gransky, Charlie Lewis, Susan Windesheim and The Agency requested that a draft motion be available for review at the next meeting. 15-IW-1502 / Edward & Linda Winters (Owners) / 41 Cross Brook Road / Installation of Driveway with Associated Appurtenances within a Regulated Area / Map 070 / Lot 017 Chairwoman Tyrrell reminded the group that this was originally an enforcement issue. Sean Hayden has reviewed and feels the site is stabilized. MOTION: To classify as summary application 15-IW-1502 / Edward & Linda Winters (Owners) / 41 Cross Brook Road / Installation of Driveway with Associated Appurtenances within a Regulated Area / Map 070 / Lot 017. The Agency requested that a draft motion be available for review at the next meeting. 15-IW-1503 / Candice Mahalich (owner), Kerry Martin &/or Ron Gombas (Agents)/ 1964 Main Street North / Construction of 17' X 20' Master Bedroom Suite Addition with Associated Appurtenances within a Regulated Area / Map 79 / Lot 6 Ron Gombas came forward and reported that this is a clear site. The proposal is to access the area of construction with two trucks and a small excavator. He agreed to call the Land Use Office 48 hours prior to access for instructions regarding erosion control. The Agency members were familiar with this site and found no concerns. IWWA Minutes Meeting February 23, 2015 Page 3 of 6
4 MOTION: To classify as summary application 15-IW-1503 / Candice Mahalich (owner), Kerry Martin &/or Ron Gombas (Agents)/ 1964 Main Street North / Construction of 17' X 20' Master Bedroom Suite Addition with Associated Appurtenances within a Regulated Area / Map 79 / Lot 6. A draft motion was requested for review at the next meeting. 15-IW-1504 / Edward Crane (owner), Paul Aloi/RGS Energy (agent) / 74 Middle Quarter Rd. / Installation of 13.5 kw Solar Array with Associated Appurtenances within a Regulated Area / Map 102 / Lot 043 Photos of the site were viewed. It was noted that the staff signed off on this construction. Mr. Lynch came forward and noted that this situation is unique as the panels have already been installed. He reported that the area was hayed and seeded at the time of installation. Erosion from runoff from the panels is a concern. A watercourse is located 8' from the installed solar panels. Mary Tyrrell noted concerns with the cleaning of the panels. Mr. Lynch advised that they can be cleaned, if needed, with water. However, cleaning is usually not required in this region. Mr. Lynch confirmed for Mr. Clow that a mono pole would have been an option; however, it would have been more expensive for the customer. The group agreed that 6 inches of soil should be removed under the panels, fabric should be installed under trap rock with a 5 foot perimeter around the panels. Calculations regarding the material to be removed, its disposition and amount of fill should be submitted to the Land Use Office. 15-IW-1505 / Scott L. Adair (Trustee), Marie Taylor (Agent) / 59 Sycamore Avenue / 20' X 30' Addition to Rear of Barn within a Regulated Area / Map 036 / Lot 069 Chairwoman Tyrrell reported that this house is under contract of sale and it was found that the barn on the site was never approved by the IWWA. Mary Tyrrell and Kathy Castagnetta viewed the site and found the barn's location is high above the wetlands in a dry location. MOTION: To classify as summary application 15-IW-1505 / Scott L. Adair (Trustee), Marie Taylor (Agent) / 59 Sycamore Avenue / 20' X 30' Addition to Rear of Barn within a Regulated Area / Map 036 / Lot 069. A draft motion was requested for review at the next meeting. 15-IW-1506 / Town of Woodbury / Brushy Hill Road / Proposed Improvements to Town Road - Including Drainage Remediation and Motorist Safety Improvements, Including Reduced Icing in Winter, Width and Sightline Improvements Mary Tyrrell reminded the Agency that this was previously proposed to drain to the wetland through a different route via private property. To avoid the need for easements the proposal has been amended to reroute drainage via Town of Woodbury property. The new map and wetland areas were reviewed. The Agency requested that the engineer for this proposal be available at the next meeting with the calculations for this proposal. MOTION: To amend the agenda to review Enforcement Report accommodate those present. Made by Newell, seconded by Windesheim. Vote 5-0. Marty Newell, Mike Gransky, Charlie Lewis, Susan Windesheim and Mary Tyrrell in favor IVVVVA Minutes Meeting February 23, 2015 Page 4 of 6
5 Enforcement Report: 15-ENF-0001 / John F. Steinegger, Owner / 575 Weekeepeemee Road / Dumping of Manure within a Regulated Area / Map 044 / Lot 005 Sue Peterson of 581/575 Weekeepeemee Rd. came forward and explained that they have two containers for manure that have been unable to be removed due to the freezing temperatures. She expects that they should be moved by April 15, It was agreed that the Land Use Office would follow-up on this matter. The Agency returned to the agenda as written: 15-IW-1507 / Samantha Farrell & David Hartmann (owners) / 18 Orton Lane / Construction of Home Addition with all Appurtenances within a Regulated Area / Map 036 / Lot 048C The group reviewed the map and noted that the river and flood plain areas drop off below the proposed site. The proposed addition is somewhat within the existing footprint of the house. It was noted that this small addition is no closer to the wetlands than what already exists on the site. The group asked for a draft motion to review at the next meeting at which time the Agency will classify this application. Other Business Letter of Support for Reservoir Property Acquisition Mary Tyrrell read aloud the letter she drafted in support of the reservoir property for the grant portion of the acquisition. MOTION: To endorse the Reservoir Property Acquisition and forward the letter as drafted. Made by Windesheim, seconded by Gransky. Vote 5-0. Marty Newell, Mike Gransky, Charlie Lewis, Susan Windesheim and Appointment of New Land Use Enforcement Officer MOTION: To appoint Bryan Baker as new Land Use Officer. Made by Windesheim, seconded by Gransky. Vote 5-0. Marty Newell, Mike Gransky, Charlie Lewis, Susan Windesheim and Privilege of the Floor: Don Richards noted that the driveway profile is missing from the plan for application Kathy Castagnetta agreed to request this information. Mary Tyrrell discussed the Charter Revision and noted the only item that would apply to the IWWA would be term limits of 5 years for commission members. Consideration of Minutes MOTION: To approve the minutes of the 12/08/14 regular meeting and public hearing. Made by Lewis, seconded by Newell. Vote 5-0. Marty Newell, Ernest Werner, Charlie Lewis, Susan Windesheim and It was noted that there was no quorum for the 12/16/14 site walk. Therefore, the minutes do not require approval; however, were accepted. Clerk's Bill MOTION: To approve clerk's bill for Tai Kern. Made by Newell, seconded by Werner. Vote 5-0. Marty Newell, Ernest Werner, Susan Windesheim, Charlie Lewis and Correspondence: The correspondence was distributed and reviewed. Update of Planning & Zoning: Susan Windesheim reviewed the Planning Minutes. The Zoning minutes were reviewed by Charlie Lewis. Adjournment IVVVVA Minutes Meeting February 23, 2015 Page 5 of 6
6 MOTION: To adjourn the meeting at 9:34 p.m. Made by Newell, seconded by Windesheim. Vote 5-0. Marty Newell, Mike Gransky, Susan Windesheim, Charlie Lewis and Filed subject to approval. Respectfully Submitted, Tai Kern, Tai Kern, Clerk R7CEIVIED FILED IN kjcazufiy, CT IVVVVA Minutes Meeting February 23, 2015 Page 6 of 6.40 fa-^.yrf %
TOWN OF WOODBURY INLAND WETLANDS AND WATERCOURSE AGENCY 281 Main Street South Woodbury, Connecticut
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