Regular Meeting #07-05
March 13, 2007
The Regular Meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.
Members present: W. Addy, G. Rockwell, R. Tanko, T. Doyle, E. Auer, J. Himmelman
Also present: Enforcement Officer C. Jefferson
Members absent: R. White
Visitors: Roger Nemergut, E. Paul Lambert, Michael Harkin, Tom Cost Sr., Tom Cost Jr., Jackie Cost,
Attorney Tom Kronan, community members interested in the True Value discussion
Minutes: The minutes of the February 27, 2007 Regular Meeting and the February 27, 2007 Public
Hearing were approved by a consensus of the members.
Enforcement Officer's Report: Cathie Jefferson reported on the following:
1. The Burr Hill Road culvert replacement project has been delayed
2. She spoke with Elaine Stricht who told her two weeks ago that the ERT report would be available in two weeks. Cathie has not seen it yet.
3. She distributed a list of the building permits issued in February.
4. She said The Cooking Company – where the former Moongate take-out business was, is scheduled to open this week. They are finishing the detention basin, but the planting that was part of the plan cannot be done at this time. The other building on the property is not under construction at this time and the regulated activities that were permitted by this commission have not been completed. Because a permit was granted for activities related to both buildings, members are concerned that not all activities have been completed for them to get a CO to open one of the businesses. Cathie will contact the two owners to have them address the commission about each of their projects. Two separate permits, or a permit amendment, may have to be applied for to satisfy the requirements of the permit granted by the commission.
OLD BUSINESS
A. Town of Killingworth, c/o Martin Klein, First Selectman permit application for replacement
culvert with related activities – Burr Hill Road
Enforcement Officer Cathie Jefferson said this project has been delayed.
B. Anthony Papa request for permit amendment for Lot 11, Parkside Resubdivision – Patrick Drive
Engineer Roger Nemergut explained the proposal for a permit amendment because the original permitted plan had a shared portion of the driveway with the neighboring property owner. The neighbor no longer wishes to share the driveway so the new plan calls for the driveway to be totally on the Fasulo property. Twin 10” pipes are proposed to keep the water level below the driveway. A beaver dam in the area is impacting the amount of water; it is now larger and longer than when the permit was granted. Mr. Nemergut said that a beaver bypass device can be installed to lessen the water impact on the roadway. A detail was added to the plan with respect to treatment of the dam. Mr. Nemergut outlined the sequence of construction for the driveway. Members will inspect the site on Saturday, March 24th at 8:30 a.m.
C. P. & D. Griswold permit application for driveway (and related utilities) – 9 Cow Hill Road
Engineer Roger Nemergut reviewed the proposal for a split of the 8.6 acre parcel. The 2.6 acres and house will continue to have access off Cow Hill Road. The remainder of the parcel has frontage on Green Hill Road and will be accessed from Green Hill Road. Mr. Nemergut explained the details of the proposed driveway. Members have inspected the site and determined there will be no major impact on the wetlands. T. Doyle made a motion that was seconded by G. Rockwell to approve the plan as submitted and discussed at this meeting. The motion carried unanimously.
D. M. Milano permit application for pond maintenance and request for fee waiver
E. Paul Lambert, Lambert Engineering, discussed the proposal for cleaning out the existing pond and enhancing the area around the pond to create a wildflower field (see New Business A). Part of the field area will be mowed and maintained, but the larger area will be a field of wildflowers, trees and bushes that will be mowed once a year or so to maintain it. Mr. Lambert distributed a list of proposed plants for the area. If any invasive plants or gravel material are found they will be buried. The area will be cleared of secondary scrub growth before planting begins. There is an easement on the property granted to the Killingworth Land Trust. J. Himmelman stated that members of the Land Trust walk their properties every few years to make sure the landowners maintain the original easement conditions. T. Doyle moved, seconded by R. Tanko, to approve the application for pond maintenance and the amendment for creation of a meadow area adjacent to the existing pond. The motion was approved unanimously.
NEW BUSINESS
A. M. Milano permit application amendment for activities related to creation of a meadow area adjacent to existing pond – 65 Parker Hill Road Ext.
See Old Business (D). Members considered this activity to be an amendment to the pond application.
B. T. Cost (owner), Killingworth Center, LLC (applicant) permit application for cluster subdivision and site plan modifications – corner of Route 81 and Chittenden Road Engineer Michael Harkin, representing the Cost family, presented their proposal for a cluster subdivision of three buildings on a 5 1/2 acre parcel located behind the State Trooper building off the Route 80/81 traffic circle. A permit was approved in 2002 for the Olde Church Commons commercial subdivision owned by Robert Dowler. A five-year permit extension was granted to Mr. Dowler in July of 2006. The property was purchased in August, 2006 by Tom Cost and a permit was granted in his name last month for the same proposal as Mr. Dowler had in 2002.
Mr. Harkin discussed his proposal for a site plan modification. He explained that the fire tank has been relocated from its original position, miscellaneous grading will be done, the septic system and drainage have minor changes, and more plantings are proposed than on the original plan. Building 1 (True Value store) has been changed from a 2-story 16,000 sq. ft. building to a one-story 16,000 sq. ft. building. The parking area behind that building is now approximately ten feet farther away from the wetlands.
Mr. Harkin noted that more detail has been added to the erosion control plan. Pre-construction and post-construction details according to DEP are noted on the plan. He distributed a Project Comparison sheet showing the difference between the original plan and the modification in total disturbance, upland review area disturbance, parking spaces, and impervious area reduction. Mr. Harkin explained that Building 2 (storage) will be pitched away from the wetland area so if something leaked or spilled it would not go directly into the wetlands. Mr. Harkin said he has explored feasible and prudent alternatives and this is the best plan and it also creates less disturbance than Mr. Dowler’s plan.
Commission members had several questions and comments about the modified plan. One member asked if Mr. Harkin had pursued looking into a variance from P&Z about the conditions for a cluster subdivision as discussed at the last presentation to the Wetlands Commission. Mr. Harkin said he had not approached P&Z about that. Another member asked if the amount of square footage of the buildings can be reduced, and if the fewer number of parking spaces meet the Planning & Zoning requirements.
Tom Cost submitted 150 letters with 196 signatures. According to Mr. Cost, all but one of the letters supports the submitted plan. Attorney Tom Kronan spoke about the intent of the original State Wetlands charter. He said there needs to be a balance between ecology and business growth.
Chairman Addy noted that this application is a new application that has some significant changes from the original proposal for which a permit was granted. W. Addy moved, seconded by R. Tanko, to accept this application as a new application. Discussion: Attorney Kronan said feasible and prudent alternatives had been discussed and the proposed plan has less impact on the wetlands and upland review areas. He asked how a less invasive plan cannot be okayed by the commission. A commission member explained that with every new application, the commission has to evaluate and investigate all of the facts. A public hearing is not scheduled at this time and there are 15 days for the conditions to be met to have a public hearing on this application. The motion carried unanimously.
Members' comments on the proposal included discussion on the increased amount of roof space causing more storm runoff and more drainage needed; no mitigation is proposed with this application (as in the previous application); the fact that a crushed rock surface becomes impervious after several years; the parking for Building 3 encroaching on the wetlands; and the increase of the wetland review area from 50’ to 100’ from when the previous application was approved. Members agreed that all feasible and prudent alternatives should be explored by the applicant. The Planning & Zoning Commission will be contacted to discuss the application and to ask if a representative from their commission will meet with the IWWC and the applicant to discuss the proposal. Commission members have 65 days to review the application before any action has to be taken.
C. Communications
1. Land Transfers – February 2007
2. IWWC budget printout as of 3/1/07
3. Notice of Vote from 2/27/07 IWWC meeting
4. List of February building permits issued
5. Invoice from printing of IWWC regulations
6. Legal Notice Publication in The Hartford Courant on 3/6/07
7. Legal Notice Publication in The Hartford Courant on 3/20/07 – 2 notices published on that day
8. Affidavit of Publication from The Hartford Courant for a Legal Notice published on 3/6/07
9. Memo from Martin Klein, First Selectman, 3/6/07, re: GIS mapping
10. Minutes of Water Pollution Control Authority meeting on 2/7/07
11. Minutes of Water Pollution Control Authority administrative meeting on 3/7/07
12. Minutes of Board of Selectmen Regular Meeting on 2/26/07
13. Notice of Vote from Board of Selectmen meeting on 2/26/07
14. Record Subdivision Map & Site Development Plan, Parkside Resubdivision, Patrick Drive
15. Application to Conduct a Regulated Activity – T. Cost (owner), Killingworth Center, LLC (applicant)
16. Cover letter from Michael P. Harkin, P.E., 3/2/07, re: “Olde Church Commons” Site Plan Modifications
17. “Olde Church Commons” Site Plan Modifications, dated 1/31/07
18. “Olde Church Commons” Project Comparison sheet
19. Packet of approximately 150 form letters submitted by T. Cost (owner), Killingworth Center, LLC (applicant) for “Olde Church Commons” plan
20. Site Plan & Erosion and Sediment Control Plan, property of Paul S. & Deborah R. Griswold
21. Application to Conduct a Regulated Activity – Michael Milano
22. Pond Location & Improvement Plan, Property of Michael & Karen Milano
23. Planting Plan for Conservation Easement – Milano
24. Description of plantings for Milano property
25. Copy of memo from R.E. Leighton, Code Official, to Killingworth P&Z Commission, 3/9/07, re: Gargiulo Subdivision, Lot 8C Parker Hill Road Unfavorable Fire Protection Review
26. Copy of memo from R.E. Leighton, Code Official, to Killingworth P&Z Commission, 3/9/07, re: Gargiulo Subdivision, Lot 8C Parker Hill Road Sanitarian’s Unfavorable Review
27. Copy of letter from R.E. Leighton, Code Official, to Robert & Elizabeth Lucas, 3/10/07, re: 68 Chittenden Road Water Diversion Complaints
28. Copy of letter from R.E. Leighton, Code Official, to Irwin Greenblatt & Terry Ashley, re: 27 Deer Ridge Road Driveway Drainage Problem
29. Copy of letter from R.E. Leighton, Code Official, to George & Wendy Pellegrini, 3/11/07, re: 149 Green Hill Road Proposed Drainage
30. Copy of letter from R.E. Leighton, Code Official, to Robert & Catherine Chase, 3/11/07, re: 57 Spencer Hill Road Water Diversion
D. Request for Review forms
55 Chestnut Hill Road – shed
15 Jacob Lane – pool
57 Beaver Dam Road – new home
Adjournment
The meeting adjourned at 10:19 p.m. to March 24th at 8:30 a.m. at Patrick Drive.
The Regular Meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.
Members present: W. Addy, G. Rockwell, R. Tanko, T. Doyle, E. Auer, J. Himmelman
Also present: Enforcement Officer C. Jefferson
Members absent: R. White
Visitors: Roger Nemergut, E. Paul Lambert, Michael Harkin, Tom Cost Sr., Tom Cost Jr., Jackie Cost,
Attorney Tom Kronan, community members interested in the True Value discussion
Minutes: The minutes of the February 27, 2007 Regular Meeting and the February 27, 2007 Public
Hearing were approved by a consensus of the members.
Enforcement Officer's Report: Cathie Jefferson reported on the following:
1. The Burr Hill Road culvert replacement project has been delayed
2. She spoke with Elaine Stricht who told her two weeks ago that the ERT report would be available in two weeks. Cathie has not seen it yet.
3. She distributed a list of the building permits issued in February.
4. She said The Cooking Company – where the former Moongate take-out business was, is scheduled to open this week. They are finishing the detention basin, but the planting that was part of the plan cannot be done at this time. The other building on the property is not under construction at this time and the regulated activities that were permitted by this commission have not been completed. Because a permit was granted for activities related to both buildings, members are concerned that not all activities have been completed for them to get a CO to open one of the businesses. Cathie will contact the two owners to have them address the commission about each of their projects. Two separate permits, or a permit amendment, may have to be applied for to satisfy the requirements of the permit granted by the commission.
OLD BUSINESS
A. Town of Killingworth, c/o Martin Klein, First Selectman permit application for replacement
culvert with related activities – Burr Hill Road
Enforcement Officer Cathie Jefferson said this project has been delayed.
B. Anthony Papa request for permit amendment for Lot 11, Parkside Resubdivision – Patrick Drive
Engineer Roger Nemergut explained the proposal for a permit amendment because the original permitted plan had a shared portion of the driveway with the neighboring property owner. The neighbor no longer wishes to share the driveway so the new plan calls for the driveway to be totally on the Fasulo property. Twin 10” pipes are proposed to keep the water level below the driveway. A beaver dam in the area is impacting the amount of water; it is now larger and longer than when the permit was granted. Mr. Nemergut said that a beaver bypass device can be installed to lessen the water impact on the roadway. A detail was added to the plan with respect to treatment of the dam. Mr. Nemergut outlined the sequence of construction for the driveway. Members will inspect the site on Saturday, March 24th at 8:30 a.m.
C. P. & D. Griswold permit application for driveway (and related utilities) – 9 Cow Hill Road
Engineer Roger Nemergut reviewed the proposal for a split of the 8.6 acre parcel. The 2.6 acres and house will continue to have access off Cow Hill Road. The remainder of the parcel has frontage on Green Hill Road and will be accessed from Green Hill Road. Mr. Nemergut explained the details of the proposed driveway. Members have inspected the site and determined there will be no major impact on the wetlands. T. Doyle made a motion that was seconded by G. Rockwell to approve the plan as submitted and discussed at this meeting. The motion carried unanimously.
D. M. Milano permit application for pond maintenance and request for fee waiver
E. Paul Lambert, Lambert Engineering, discussed the proposal for cleaning out the existing pond and enhancing the area around the pond to create a wildflower field (see New Business A). Part of the field area will be mowed and maintained, but the larger area will be a field of wildflowers, trees and bushes that will be mowed once a year or so to maintain it. Mr. Lambert distributed a list of proposed plants for the area. If any invasive plants or gravel material are found they will be buried. The area will be cleared of secondary scrub growth before planting begins. There is an easement on the property granted to the Killingworth Land Trust. J. Himmelman stated that members of the Land Trust walk their properties every few years to make sure the landowners maintain the original easement conditions. T. Doyle moved, seconded by R. Tanko, to approve the application for pond maintenance and the amendment for creation of a meadow area adjacent to the existing pond. The motion was approved unanimously.
NEW BUSINESS
A. M. Milano permit application amendment for activities related to creation of a meadow area adjacent to existing pond – 65 Parker Hill Road Ext.
See Old Business (D). Members considered this activity to be an amendment to the pond application.
B. T. Cost (owner), Killingworth Center, LLC (applicant) permit application for cluster subdivision and site plan modifications – corner of Route 81 and Chittenden Road Engineer Michael Harkin, representing the Cost family, presented their proposal for a cluster subdivision of three buildings on a 5 1/2 acre parcel located behind the State Trooper building off the Route 80/81 traffic circle. A permit was approved in 2002 for the Olde Church Commons commercial subdivision owned by Robert Dowler. A five-year permit extension was granted to Mr. Dowler in July of 2006. The property was purchased in August, 2006 by Tom Cost and a permit was granted in his name last month for the same proposal as Mr. Dowler had in 2002.
Mr. Harkin discussed his proposal for a site plan modification. He explained that the fire tank has been relocated from its original position, miscellaneous grading will be done, the septic system and drainage have minor changes, and more plantings are proposed than on the original plan. Building 1 (True Value store) has been changed from a 2-story 16,000 sq. ft. building to a one-story 16,000 sq. ft. building. The parking area behind that building is now approximately ten feet farther away from the wetlands.
Mr. Harkin noted that more detail has been added to the erosion control plan. Pre-construction and post-construction details according to DEP are noted on the plan. He distributed a Project Comparison sheet showing the difference between the original plan and the modification in total disturbance, upland review area disturbance, parking spaces, and impervious area reduction. Mr. Harkin explained that Building 2 (storage) will be pitched away from the wetland area so if something leaked or spilled it would not go directly into the wetlands. Mr. Harkin said he has explored feasible and prudent alternatives and this is the best plan and it also creates less disturbance than Mr. Dowler’s plan.
Commission members had several questions and comments about the modified plan. One member asked if Mr. Harkin had pursued looking into a variance from P&Z about the conditions for a cluster subdivision as discussed at the last presentation to the Wetlands Commission. Mr. Harkin said he had not approached P&Z about that. Another member asked if the amount of square footage of the buildings can be reduced, and if the fewer number of parking spaces meet the Planning & Zoning requirements.
Tom Cost submitted 150 letters with 196 signatures. According to Mr. Cost, all but one of the letters supports the submitted plan. Attorney Tom Kronan spoke about the intent of the original State Wetlands charter. He said there needs to be a balance between ecology and business growth.
Chairman Addy noted that this application is a new application that has some significant changes from the original proposal for which a permit was granted. W. Addy moved, seconded by R. Tanko, to accept this application as a new application. Discussion: Attorney Kronan said feasible and prudent alternatives had been discussed and the proposed plan has less impact on the wetlands and upland review areas. He asked how a less invasive plan cannot be okayed by the commission. A commission member explained that with every new application, the commission has to evaluate and investigate all of the facts. A public hearing is not scheduled at this time and there are 15 days for the conditions to be met to have a public hearing on this application. The motion carried unanimously.
Members' comments on the proposal included discussion on the increased amount of roof space causing more storm runoff and more drainage needed; no mitigation is proposed with this application (as in the previous application); the fact that a crushed rock surface becomes impervious after several years; the parking for Building 3 encroaching on the wetlands; and the increase of the wetland review area from 50’ to 100’ from when the previous application was approved. Members agreed that all feasible and prudent alternatives should be explored by the applicant. The Planning & Zoning Commission will be contacted to discuss the application and to ask if a representative from their commission will meet with the IWWC and the applicant to discuss the proposal. Commission members have 65 days to review the application before any action has to be taken.
C. Communications
1. Land Transfers – February 2007
2. IWWC budget printout as of 3/1/07
3. Notice of Vote from 2/27/07 IWWC meeting
4. List of February building permits issued
5. Invoice from printing of IWWC regulations
6. Legal Notice Publication in The Hartford Courant on 3/6/07
7. Legal Notice Publication in The Hartford Courant on 3/20/07 – 2 notices published on that day
8. Affidavit of Publication from The Hartford Courant for a Legal Notice published on 3/6/07
9. Memo from Martin Klein, First Selectman, 3/6/07, re: GIS mapping
10. Minutes of Water Pollution Control Authority meeting on 2/7/07
11. Minutes of Water Pollution Control Authority administrative meeting on 3/7/07
12. Minutes of Board of Selectmen Regular Meeting on 2/26/07
13. Notice of Vote from Board of Selectmen meeting on 2/26/07
14. Record Subdivision Map & Site Development Plan, Parkside Resubdivision, Patrick Drive
15. Application to Conduct a Regulated Activity – T. Cost (owner), Killingworth Center, LLC (applicant)
16. Cover letter from Michael P. Harkin, P.E., 3/2/07, re: “Olde Church Commons” Site Plan Modifications
17. “Olde Church Commons” Site Plan Modifications, dated 1/31/07
18. “Olde Church Commons” Project Comparison sheet
19. Packet of approximately 150 form letters submitted by T. Cost (owner), Killingworth Center, LLC (applicant) for “Olde Church Commons” plan
20. Site Plan & Erosion and Sediment Control Plan, property of Paul S. & Deborah R. Griswold
21. Application to Conduct a Regulated Activity – Michael Milano
22. Pond Location & Improvement Plan, Property of Michael & Karen Milano
23. Planting Plan for Conservation Easement – Milano
24. Description of plantings for Milano property
25. Copy of memo from R.E. Leighton, Code Official, to Killingworth P&Z Commission, 3/9/07, re: Gargiulo Subdivision, Lot 8C Parker Hill Road Unfavorable Fire Protection Review
26. Copy of memo from R.E. Leighton, Code Official, to Killingworth P&Z Commission, 3/9/07, re: Gargiulo Subdivision, Lot 8C Parker Hill Road Sanitarian’s Unfavorable Review
27. Copy of letter from R.E. Leighton, Code Official, to Robert & Elizabeth Lucas, 3/10/07, re: 68 Chittenden Road Water Diversion Complaints
28. Copy of letter from R.E. Leighton, Code Official, to Irwin Greenblatt & Terry Ashley, re: 27 Deer Ridge Road Driveway Drainage Problem
29. Copy of letter from R.E. Leighton, Code Official, to George & Wendy Pellegrini, 3/11/07, re: 149 Green Hill Road Proposed Drainage
30. Copy of letter from R.E. Leighton, Code Official, to Robert & Catherine Chase, 3/11/07, re: 57 Spencer Hill Road Water Diversion
D. Request for Review forms
55 Chestnut Hill Road – shed
15 Jacob Lane – pool
57 Beaver Dam Road – new home
Adjournment
The meeting adjourned at 10:19 p.m. to March 24th at 8:30 a.m. at Patrick Drive.
<< Home