Regular Meeting #10-1
Town of Killingworth
Inland Wetlands and Watercourses Commission
Killingworth, Connecticut 06419
Regular Meeting #10-1
January 12, 2010
Chairman Gaylord Rockwell called the meeting to order at 7:26 p.m.
Members present: G. Rockwell, T. Doyle, E. Auer, C. Lippert, S. Mala, J. Lehane
Enforcement Officer C. Jefferson was also present.
Members absent: None
Visitors: Roger Nemergut, Jason Nemergut, Fritz Austin, Peter Lesmerises (Peter Marlowe Forest Products), Don Lucasw, Robert Arsenault, Peter Lucchese
Minutes: The minutes of the December 8, 2009 Regular Meeting were approved by a consensus of the members.
Enforcement Officer’s Report: Cathie Jefferson reported on the following:
1. Two beaver dams were removed from the area on Patrick Drive as discussed at the last IWWC meeting.
2. A list of December building permits was distributed to members.
OLD BUSINESS
A. F. Austin permit application for new house & related improvements – 241 River Road
Engineer Roger Nemergut informed commission members that a copy of the submitted plan was sent to Madison and Clinton. Mr. Nemergut made some changes based on suggestions from the Madison Enforcement Officer. A letter from the chairman of the Clinton IWC was received that stated that the proposal should have no detrimental effect on the wetlands and watercourses of Clinton. Mr. Nemergut reviewed the project with the members. A motion was made by T. Doyle and seconded by S. Mala, to approve the application as submitted. The motion carried unanimously.
B. T. Machold (owner), Shahani, Inc. (applicant) Application for Review for gas station/convenience store – 171-5 Route 81
Engineer Robert Arsenault presented information, and a revised plan, on the proposed gas station/convenience store on the two acre parcel just south of Dunkin’ Donuts on Route 81. Mr. Arsenault said the limits of the disturbance will be .56 acres in the upland review area on the site. He discussed the Town approved filling of the property in 1979 on both of these adjacent parcels. He stated that the proposed septic system and the fuel tanks will not be in the wetland areas, as noted on the plan.
Enforcement Officer C. Jefferson noted that this application is a two-part process. The town agencies have to approve the suitability of the site for this particular project, and then get permits for the activities. A letter is needed from this commission to Planning & Zoning regarding the suitability of the site.
Commission members had questions about the type of soils that are underneath the existing soil on the property. Much of the site was filled with non-wetland soil but they are concerned about the type of soil that is beneath that. Members also stated concerns about the possibility of gasoline spills when the tanks are filled and also when gas is put into vehicles many times each day. The gasoline pumps are close to the detention basin and have an impervious surface between them. All of the area will be paved which may contribute to a water runoff problem on the property.
Mr. Arsenault discussed the fact that the fuel tanks will be under water. He said that because of the double- walled tank there will be double the protection of any leaking of the tanks. The property owner said there will be a monitoring system that will have an alarm that will sound if there is a problem with the tanks. He said the tanks will be inspected by the State every month. Members expressed concern about the tanks that will be holding several thousand gallons of gasoline being underwater and what the possible impact might be downstream if there was a leak or a spill.
A site inspection will be held on Saturday, January 16th, at 8:30 a.m. if the snow cover allows.
NEW BUSINESS
A. S. Bochanis (owner), D. Bochanis (applicant) Request for Review – expansion of septic system – 183 Route 81
Neither the applicant nor the owner, or a representative, was present to discuss this application. Discussion was tabled.
B. A.F. King permit application – relocation of utility lines – 12 Fire Tower Road
Engineer Roger Nemergut explained the proposal to have a portion of the overhead electrical lines taken down and put underground. The lines currently go to an existing house and a log cabin on the back portion of the property.
C. D. Paulsen (owner), Peter Marlowe Forest Products, LLC (applicant) permit application - Timber harvest with 4 crossings – Kelseytown Road
Peter Lesmerises, from the Peter Marlowe Company, discussed the proposed timber harvest on the Paulson property at the end of Kelseytown Road. The parcel is 35 acres that has 329 trees marked for cutting.
Four crossings of intermittent streams are proposed, using corduroy or portable bridges. Members have no concerns about the project and would like to see it done soon while the ground is still frozen. There was a consensus that Mr. Lesmerises can begin the project if the ground is still frozen when they have all their paperwork in order from the Town.
D. A. & F. Rizza, Jr. (owner), F. Rizza (applicant) permit application – installation of driveway gate 19 Cranberry Meadow Lane
Engineer Roger Nemergut presented the proposal for installation of a driveway gate on Lot #6 in the Cranberry Meadow Subdivision. Disturbance within the wetland review zone will be for the installation of the supports for the gate and the pedestal that will hold the key pad for the gate. The property is adjacent to land that is owned by the Killingworth Land Trust. Mr. Nemergut has been given a verbal response from that organization indicating that they have no objection to the gate because they do not need to access their property with a vehicle. As long as they can walk around the gate, they have no objection. Mr. Nemergut plans to submit that information in writing at the next IWWC meeting.
E. Communications
1. List of December 2009 building permits issued
2. Copy of letter from R.E. Leighton, Agent for the Health Director, to Waldo & Associates, LLC,
12/24/09, re: 183 Route 81
3. Copy of letter from R.E. Leighton, Building Official, to LeAnn Power, CT State Library, 1/9/10, re: Town Hall Vaults
4. Copy of memo from R.E. Leighton, Code Official, to C. Jefferson, Zoning Enforcement Agent, 1/10/10, re: proposed convenience store/refueling station
5. Copy of letter to C. Iino, First Selectwoman, including education publications, 12/15/09, from CT River Coastal Conservation District, Inc., re: annual contribution
6. Memo from L. Dudek, Town Clerk, 10/19/09, re: resignation of J. Himmelman effective 12/8/09
7. Copy of memo from R. Cabral to T. Lentz and J. Himmelman, re: employment agreement of Zoning/IWWC enforcement officer
8. IWWC budget printout as of 1/3/10
9. Publication- CFL News - Volume 15, Issue I – January 2010
10. Publication – The Habitat – Fall 2009, Volume 21, Number 4
11. Application for Review – S. Bochanis (owner), D. Bochanis (applicant)
12. Site Plan – Property of Killingworth Country Commons LLC, 183 Killingworth-Haddam Turnpike (Rt. 81)
13. Property Survey/Resurvey Site Plan of Development prepared for Shahani, Inc., consisting of 3 pages, dated 1/4/10
14. Application to Conduct a Regulated Activity – David Paulsen
15. Timber Harvest information sheet for Paulsen Timber Harvest
16. Four pages of photographs of crossing sites for Paulsen Timber Harvest
17. Application to Conduct a Regulated Activity – A. Forrest King
18. Proposed Utility Improvement Plan prepared for A. Forrest King, 12/8/09
19. Four certified mail receipts from mail sent re: A. Forrest King application
20. Letter from David Radka, Chair of Clinton Inland Wetlands Commission, to Cathie Jefferson, 1/8/10, re: 241 River Road, F. Austin replacement residence
21. Six certified mail receipts from mail sent re: F. Austin application
22. Application to Conduct a Regulated Activity – A. & F. Rizza, Jr. (owner), F. Rizza (applicant)
23. Copy of letter from Roger Nemergut, P.E., to Joe Budrow, Inland Wetlands Officer, Haddam, 12/14/09
24. Record Subdivision Map & Site Development Plan, Cranberry Lane Subdivision, 8/15/02, 7 sheets
25. Eight certified mail receipts from mail sent re: A. & F. Rizza application
26. Unclaimed certified mail sent from Nemergut Consulting to Cranbery Meadows Development LLC
27. Unclaimed certified mail sent from Nemergut Consulting to Rosario Agostino
F. Request for Reviews
313 Route 148 – pad for solar panels 209 Roast Meat Hill Road – new kitchen & breezeway
36 Granite Hill Road – removal of deck and deck replacement
G. Other
1. Proposed IWWC Regulation Amendments
The public hearing will be scheduled for March 9, 2010
2. New Member
Jamie Lehane was welcomed as a new member of the commission. Mr. Lehane was a member of the commission several years ago.
Adjournment
The meeting adjourned at 9:00 p.m. to Saturday, January 16th at 8:30 a.m. at 171 Route 81 (the parcel of land just south of Dunkin’ Donuts).
Inland Wetlands and Watercourses Commission
Killingworth, Connecticut 06419
Regular Meeting #10-1
January 12, 2010
Chairman Gaylord Rockwell called the meeting to order at 7:26 p.m.
Members present: G. Rockwell, T. Doyle, E. Auer, C. Lippert, S. Mala, J. Lehane
Enforcement Officer C. Jefferson was also present.
Members absent: None
Visitors: Roger Nemergut, Jason Nemergut, Fritz Austin, Peter Lesmerises (Peter Marlowe Forest Products), Don Lucasw, Robert Arsenault, Peter Lucchese
Minutes: The minutes of the December 8, 2009 Regular Meeting were approved by a consensus of the members.
Enforcement Officer’s Report: Cathie Jefferson reported on the following:
1. Two beaver dams were removed from the area on Patrick Drive as discussed at the last IWWC meeting.
2. A list of December building permits was distributed to members.
OLD BUSINESS
A. F. Austin permit application for new house & related improvements – 241 River Road
Engineer Roger Nemergut informed commission members that a copy of the submitted plan was sent to Madison and Clinton. Mr. Nemergut made some changes based on suggestions from the Madison Enforcement Officer. A letter from the chairman of the Clinton IWC was received that stated that the proposal should have no detrimental effect on the wetlands and watercourses of Clinton. Mr. Nemergut reviewed the project with the members. A motion was made by T. Doyle and seconded by S. Mala, to approve the application as submitted. The motion carried unanimously.
B. T. Machold (owner), Shahani, Inc. (applicant) Application for Review for gas station/convenience store – 171-5 Route 81
Engineer Robert Arsenault presented information, and a revised plan, on the proposed gas station/convenience store on the two acre parcel just south of Dunkin’ Donuts on Route 81. Mr. Arsenault said the limits of the disturbance will be .56 acres in the upland review area on the site. He discussed the Town approved filling of the property in 1979 on both of these adjacent parcels. He stated that the proposed septic system and the fuel tanks will not be in the wetland areas, as noted on the plan.
Enforcement Officer C. Jefferson noted that this application is a two-part process. The town agencies have to approve the suitability of the site for this particular project, and then get permits for the activities. A letter is needed from this commission to Planning & Zoning regarding the suitability of the site.
Commission members had questions about the type of soils that are underneath the existing soil on the property. Much of the site was filled with non-wetland soil but they are concerned about the type of soil that is beneath that. Members also stated concerns about the possibility of gasoline spills when the tanks are filled and also when gas is put into vehicles many times each day. The gasoline pumps are close to the detention basin and have an impervious surface between them. All of the area will be paved which may contribute to a water runoff problem on the property.
Mr. Arsenault discussed the fact that the fuel tanks will be under water. He said that because of the double- walled tank there will be double the protection of any leaking of the tanks. The property owner said there will be a monitoring system that will have an alarm that will sound if there is a problem with the tanks. He said the tanks will be inspected by the State every month. Members expressed concern about the tanks that will be holding several thousand gallons of gasoline being underwater and what the possible impact might be downstream if there was a leak or a spill.
A site inspection will be held on Saturday, January 16th, at 8:30 a.m. if the snow cover allows.
NEW BUSINESS
A. S. Bochanis (owner), D. Bochanis (applicant) Request for Review – expansion of septic system – 183 Route 81
Neither the applicant nor the owner, or a representative, was present to discuss this application. Discussion was tabled.
B. A.F. King permit application – relocation of utility lines – 12 Fire Tower Road
Engineer Roger Nemergut explained the proposal to have a portion of the overhead electrical lines taken down and put underground. The lines currently go to an existing house and a log cabin on the back portion of the property.
C. D. Paulsen (owner), Peter Marlowe Forest Products, LLC (applicant) permit application - Timber harvest with 4 crossings – Kelseytown Road
Peter Lesmerises, from the Peter Marlowe Company, discussed the proposed timber harvest on the Paulson property at the end of Kelseytown Road. The parcel is 35 acres that has 329 trees marked for cutting.
Four crossings of intermittent streams are proposed, using corduroy or portable bridges. Members have no concerns about the project and would like to see it done soon while the ground is still frozen. There was a consensus that Mr. Lesmerises can begin the project if the ground is still frozen when they have all their paperwork in order from the Town.
D. A. & F. Rizza, Jr. (owner), F. Rizza (applicant) permit application – installation of driveway gate 19 Cranberry Meadow Lane
Engineer Roger Nemergut presented the proposal for installation of a driveway gate on Lot #6 in the Cranberry Meadow Subdivision. Disturbance within the wetland review zone will be for the installation of the supports for the gate and the pedestal that will hold the key pad for the gate. The property is adjacent to land that is owned by the Killingworth Land Trust. Mr. Nemergut has been given a verbal response from that organization indicating that they have no objection to the gate because they do not need to access their property with a vehicle. As long as they can walk around the gate, they have no objection. Mr. Nemergut plans to submit that information in writing at the next IWWC meeting.
E. Communications
1. List of December 2009 building permits issued
2. Copy of letter from R.E. Leighton, Agent for the Health Director, to Waldo & Associates, LLC,
12/24/09, re: 183 Route 81
3. Copy of letter from R.E. Leighton, Building Official, to LeAnn Power, CT State Library, 1/9/10, re: Town Hall Vaults
4. Copy of memo from R.E. Leighton, Code Official, to C. Jefferson, Zoning Enforcement Agent, 1/10/10, re: proposed convenience store/refueling station
5. Copy of letter to C. Iino, First Selectwoman, including education publications, 12/15/09, from CT River Coastal Conservation District, Inc., re: annual contribution
6. Memo from L. Dudek, Town Clerk, 10/19/09, re: resignation of J. Himmelman effective 12/8/09
7. Copy of memo from R. Cabral to T. Lentz and J. Himmelman, re: employment agreement of Zoning/IWWC enforcement officer
8. IWWC budget printout as of 1/3/10
9. Publication- CFL News - Volume 15, Issue I – January 2010
10. Publication – The Habitat – Fall 2009, Volume 21, Number 4
11. Application for Review – S. Bochanis (owner), D. Bochanis (applicant)
12. Site Plan – Property of Killingworth Country Commons LLC, 183 Killingworth-Haddam Turnpike (Rt. 81)
13. Property Survey/Resurvey Site Plan of Development prepared for Shahani, Inc., consisting of 3 pages, dated 1/4/10
14. Application to Conduct a Regulated Activity – David Paulsen
15. Timber Harvest information sheet for Paulsen Timber Harvest
16. Four pages of photographs of crossing sites for Paulsen Timber Harvest
17. Application to Conduct a Regulated Activity – A. Forrest King
18. Proposed Utility Improvement Plan prepared for A. Forrest King, 12/8/09
19. Four certified mail receipts from mail sent re: A. Forrest King application
20. Letter from David Radka, Chair of Clinton Inland Wetlands Commission, to Cathie Jefferson, 1/8/10, re: 241 River Road, F. Austin replacement residence
21. Six certified mail receipts from mail sent re: F. Austin application
22. Application to Conduct a Regulated Activity – A. & F. Rizza, Jr. (owner), F. Rizza (applicant)
23. Copy of letter from Roger Nemergut, P.E., to Joe Budrow, Inland Wetlands Officer, Haddam, 12/14/09
24. Record Subdivision Map & Site Development Plan, Cranberry Lane Subdivision, 8/15/02, 7 sheets
25. Eight certified mail receipts from mail sent re: A. & F. Rizza application
26. Unclaimed certified mail sent from Nemergut Consulting to Cranbery Meadows Development LLC
27. Unclaimed certified mail sent from Nemergut Consulting to Rosario Agostino
F. Request for Reviews
313 Route 148 – pad for solar panels 209 Roast Meat Hill Road – new kitchen & breezeway
36 Granite Hill Road – removal of deck and deck replacement
G. Other
1. Proposed IWWC Regulation Amendments
The public hearing will be scheduled for March 9, 2010
2. New Member
Jamie Lehane was welcomed as a new member of the commission. Mr. Lehane was a member of the commission several years ago.
Adjournment
The meeting adjourned at 9:00 p.m. to Saturday, January 16th at 8:30 a.m. at 171 Route 81 (the parcel of land just south of Dunkin’ Donuts).
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