Public Hearing 2/27/2007

The Public Hearing on the proposed changes to the Killingworth Inland Wetlands and Watercourses Regulations was called to order at 7:20 p.m. by Chairman Wayne Addy.

Members present: W. Addy, G. Rockwell, J. Himmelman, R. Tanko, T. Doyle, E. Auer
Also present: Enforcement Officer C. Jefferson and Clerk Mary Anne Lisk
Members absent: R. White

The Legal Notice was read and it was noted that it was published in The Hartford Courant on February 13, 2007 and February 20, 2007

The proposed amendments, if adopted, would alter or add subsections 1.3, 1.5, 2.1, 3.2, 4.1e, 4.2, 4.3, 4.4, 5.1, 5.4, 7.5a, 7.5f, 7.5k, 7.6, 8.2, 8.5, 11.2, 11.3, 12.1, 13.1, 14.2, 14.3 15.7 and section 20 of the Inland Wetlands and Watercourses Regulations of the Town of Killingworth, Connecticut, and would renumber subsections 8.3 through 8.8 as subsections 8.2 through 8.7 and renumber subsection 14.3 as subsection 14.4. These changes would bring the language of these Regulations into conformity with most of the State of Connecticut Department of Environmental Protection’s recommended language, as set forth in the latest (fourth) edition of their inland wetlands and watercourses model municipal regulations.

The list of items received for this hearing is as follows:
1. The Legal Notice as published on February 13, 2007 and February 20, 2007
2. A copy of the proposed amendments
3. A copy of the certified letter, including a copy of the proposed amendment, sent to the commissioner of the DEP
4. Letter from Gina McCarthy, Commissioner, DEP, dated 4, 13, 2006 with the following attachment: Inland Wetlands & Watercourses Model Regulations, Fourth Edition, May 1, 2006
5. Memo from Betsey Wingfield, Bureau Chief, Bureau of Water Protection and Land Reuse, dated February 1, 2007, re: 2006 Legislation and Regulations Advisory
6. Legal Notice Publication from the publication in The Hartford Courant on February 13
2007
7. Affidavit of Publication from The Hartford Courant from legal notice publication on February 13, 2007
8. Affidavit of Publication from The Hartford Courant from legal notice publication on February 20, 2007
9. Certified mail receipt from office of Gina McCarthy, Commissioner, CT DEP

No one spoke in favor of the amendments.
No one spoke against the amendments.
There were no statements by members of the commission.
The Public Hearing adjourned at 7:22 p.m.

Regular Meeting #07-04

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, J. Howard Pfrommer, E. Paul Lambert

Minutes: The minutes of the February 13, 2007 Regular Meeting were approved by a consensus of the
members.

Enforcement Officer’s Report: C. Jefferson reported on the following:
Four review forms were submitted since the last meeting.

OLD BUSINESS

A. T. Cost permit application – True Value store at Olde Church Commons
T. Doyle moved, seconded by R. Tanko, to approve the application submitted by Thomas Cost for the same permitted activity that was granted to the former owner of this property (D.P. Hilton Associates). The motion carried unanimously.

NEW BUSINESS

A. Proposed amendments to the IWWC Regulations
W. Addy moved, seconded by T. Doyle, that the proposed amendments to the Killingworth Inland Wetlands & Watercourses Regulations be approved, based on comments from the Public Hearing held this evening and previous discussions of the proposed amendments .The motion carried unanimously. The effective date of the revised regulations will be April 1, 2007.

B. Town of Killingworth, c/o Martin Klein, First Selectman permit application for replacement culvert with related activities – Burr Hill Road
Howard Pfrommer, engineer with Nathan Jacobson & Associates, discussed a proposal for replacing a culvert on Burr Hill Road, in the interest of public safety. The existing culvert will be removed and replaced with a larger precast box culvert. Riprap will be placed in the channel upstream and downstream and curbing is proposed along with one driveway apron. Mr. Pfrommer said the road will be closed during the four to five month construction time; they would like to begin the work in June or July. The area has been flagged by Soil Scientist Richard Snarski. Wetland restoration is proposed and will be noted on the plan. Mr. Pfrommer noted that the plans have to go to the Army Corps of Engineer for their approval. Commission members will continue the discussion at the next meeting.


C. Anthony Papa request for permit amendment for Lot 11, Parkside Resubdivision – Patrick Drive
Engineer Roger Nemergut presented a plan for an amendment to an existing permit that was granted in 2004. The permit granted approval for a common driveway to be shared for 250’ with the Lot 10 property owner. That owner has since changed his mind and does not want to share a driveway. Mr. Nemergut explained the only other alternative is the original plan that had been discussed in 2004 but not approved. The Environmental Consultant’s report by Penny Sharpe was submitted as well as the original plan. There will be minimal fill of the wetland area. The proposal includes approximately 30 acres to be transferred to the Killingworth Land Trust Commission. Members agreed that they would like to see a sequence of events for the project and details on the road construction.

D. P. & D. Griswold permit application for driveway (and related utilities) – 9 Cow Hill Road
Engineer Roger Nemergut presented a proposal for subdivision of an 8.6 acre parcel and construction of a driveway off Green Hill Road. No activity is proposed within the wetlands, only in the upland review area. Some fill may be required, no deeper than three feet. The driveway will be paved because the grade is approximately 12%. Mr. Nemergut said this proposal is the least impact approach; any other location would require a wetland crossing. Members will drive by to inspect the site.

E. M. Milano permit application for pond maintenance and request for fee waiver
Mr. Paul Lambert presented information related to an application for maintenance of a pond on the Milano property that is approximately ½ acre in area and 8-10 feet deep. The proposal is to re-excavate the pond to restore it to its original depth and perimeter. The excavated material will be deposited approximately 100’ downgrade of the pond. The plan calls for the pond level to be lowered prior to the excavation. Mr. Lambert explained that the pond is easily accessible to do the work. The work is proposed to be done when the ground is frozen. Mr. Milano also submitted a request for a fee waiver because this activity is permitted as of right.

F. Communications
1. Set of maps – Town of Killingworth, CT – Burr Hill Road Culvert Replacement – 2/23/07 – 24 pgs.
2. Application to Conduct a Regulated Activity – Town of Killingworth, c/o Martin Klein, First Selectman
3. Project Narrative for Burr Hill Road Culvert Replacement
4. Names and addresses of the record owners of land abutting and directly across the street for Burr Hill Road Culvert Replacement
5. Storm Drainage System Computations – Burr Hill Road Culvert Replacement – 2/13/07
6. Cover letter from J. Howard Pfrommer, P.E., Nathan Jacobson & Associates, Inc., 2/22/07, including a list of items submitted for Burr Hill Road Culvert Replacement project – 2/22/07
7. Letter from J. Howard Pfrommer, P.E., Nathan Jacobson & Associates, Inc. 2/22/07, including copies of the Certificates of Mailing with respect to Burr Hill Road Culvert Replacement project
8. Application to Conduct a Regulated Activity – Paul & Debra Griswold
9. Certificates of Mailing to abutting and adjacent land owners of P. & D. Griswold
10. List of property owners abutting and adjacent to the project site at 9 Cow Hill Road
11. Copy of letter sent by Nemergut Consulting to abutting and adjacent property owners of Griswold property
12. Site Plan & Erosion and Sediment Control Plan – Paul S. & Deborah R. Griswold – 2/21/07
13. Application to Conduct a Regulated Activity – Michael Milano
14. Letter from Michael Milano requesting a fee waiver, 2/15/07
15. Pond Location & Improvements Plan – Property of Michael & Karen Milano – 65 Parker Hill Road
16. Notice of Vote from February 13th IWWC meeting
17. Copies of 8 photographs of Burr Hill Road Culvert Replacement project area
18. Affidavit of Publication from publishing Legal Notice of 2/13/07 IWWC meeting in The Hartford Courant on 2/20/07
19. Minutes of Special Meeting of Board of Selectmen – February 14, 2007
20. Notice of Vote from Special Meeting of Board of Selectmen - February 14, 2007
21. Copy of memo from R.E. Leighton, Code Official, 2/23/07, to J. McDonald, Fire Marshall, re: ABC Recycling Facility Required Plan Review and Written Response
22. Copy of memo from R.E. Leighton, Code Official, 2/19/07, re: Killingworth Intermediate School Fire Tank Investigation
23. Copy of letter from R.E. Leighton, Code Official, 2/11/07, to Sherry Farquarson, re: Drainage Problems/Existing & Non-permitted Driveways
24. Memo from Martin Klein, First Selectman, 2/23/07, re: turning off lights
25. Letter from Roger Nemergut, P.E., 2/21/07, re: A. Papa permit amendment request (for owner John Fasulo III) listing items submitted
26. Application to Conduct a Regulated Activity – John Fasulo III (original permit application submitted in June 2004) – for Papa permit amendment request
27. Environmental Evaluation Inland Wetlands – Proposed Building Lot, Patrick Drive, prepared by Penelope C. Sharp, August 20, 2004
28. Record Subdivision Map and Site Development Map – Parkside Subdivision dated March 10, 2005 with 5 amendments (previously approved plans for J. Fasulo property)
29. Record Subdivision Map and Site Development Map – Parkside Subdivision, dated March 10, 2005 with 6 amendments - last amendment 2/21/07


G. Request for Review forms
898 Route 148 – pool house 8 Route 80 – remodel and 2nd story addition
295 Route 81 – addition 40 Stonehill Drive – storage building


Adjournment
The meeting adjourned at 9:08 p.m.

Regular Meeting #07-03

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
Also present: Enforcement Officer C. Jefferson

Members absent: R. White, J. Himmelman

Visitors: Roger Nemergut

Minutes: The minutes of the January 23, 2007 Regular Meeting were approved by a consensus of the
members.

Enforcement Officer’s Report: C. Jefferson reported on the following:
1. She discussed two upcoming workshops that members may be interested in attending.
2. There has been an inquiry about a pond being created on the Gargiulo property. Mrs. Jefferson referred the person to the DEP because that property has been under their jurisdiction.
3. Work has begun on the site of the former Moon Gate building on Route 81. The Venutis are doing the work.
4. A list of January building permits was distributed to the members.

OLD BUSINESS

A. T. Cost Request for Review – True Value store at Olde Church Commons
A permit application has been submitted by Tom Cost requesting a permit in his name for the same plan that was granted a permit in 2005. Included on the permit application was a request for a waiver of the fee. Members will wait the required fourteen days before action can be taken.

C. Killingworth Properties LLC permit application for parking area at Killingworth Animal
Hospital – 208 Route 81
Engineer Roger Nemergut presented a revised plan for the proposed paving of a portion of the parking area at the Killingworth Animal Hospital. The revised plan shows a reduction in the amount of the area that will be paved, as requested by the Commission. Mr. Nemergut stated that the paving is proposed to reduce the amount of dust and dirt that enters the building from the parking area. A motion was made by T. Doyle, seconded by R. Tanko, to approve the plan as presented. The motion carried with four votes in favor and one abstention.

NEW BUSINESS

A. Welcome to new member
Members welcomed Eric Auer to the commission.
B. Communications
1. Application to conduct a regulated activity – Thomas Cost
2. Certified mail receipts from mailing to adjoining and adjacent property owners of Killingworth Animal Hospital
3. Invoice #18987 from Howard and McMillan, 2/9/07, re: transferability of permits
4. Article from American Scientist, Volume 95 “Banking on Mitigation”
5. Substitute Senate Bill No. 313, Public Act No. 06-53, An Act concerning Protection of Public Water Supply Sources
6. Legal Notice Publication of notice of February 27th public hearing on regulations
7. Memorandum from Linda Dudek, Town Clerk, 1/25/07, re: recent appointments
8. Printout of IWWC budget on 1/31/07
9. Land Transfers – January 2007
10. Memo from DEP Pesticide Program re: Aquatic Pesticide Permit Applications
11. Copy of Inland Wetlands and Watercourses Model Municipal Regulations, Fourth Edition, May 1, 2006
12. Memo from Betsey Wingfield, Bureau Chief, Bureau of Water Protection and Land Reuse, 2/1/07, re: 2006 Legislation and Regulations Advisory
13. Minutes of January 24th Special Meeting of Board of Selectmen
14. Notice of Vote from January 24th Board of Selectmen meeting
15. Minutes of January 3rd Regular Monthly Meeting of Water Pollution Control Authority
16. Municipal Inland Wetland Commissioners Training Program 2002 summary Report, dated August 2006
17. Statewide Inland Wetlands and Watercourses Activity Reporting Program Status and Trends Report for the year 2003, dated January 2007
18. Notice of Public Hearing on Proposed General Permits for Various Water Diversion Activities, January 19, 2007
19. Copy of memo from R.E. Leighton, Code Official, to Industrial Construction Company Supreme Industries, re: Region 17 Intermediate School – Permit to allow automatic sprinkler system investigation with conditions and limitations
20. Copy of letter from R. E. Leighton, Code official, to State of CT DEP Bureau of Water protection & Reuse, Attn: Lisa Wahle, 305(b) coordinator, 2/3/07, re: Town of Killingworth Public Bathing Areas
21. List of building permits issued in January

C. Request for Review forms
No new request forms were submitted at this meeting.


Adjournment
The meeting adjourned at 7:58 p.m.