Regular Meeting #10-2
Town of Killingworth
Inland Wetlands and Watercourses Commission
Killingworth, Connecticut 06419
Regular Meeting
#10-2
February 9, 2010
Chairman Gaylord Rockwell called the meeting to order at 7:29 p.m.
Members present: G. Rockwell, T. Doyle, E. Auer, C. Lippert, J. Lehane, J. Dangelo
Enforcement Officer C. Jefferson was also present.
Members absent: S. Mala
Visitors: Jason Nemergut, Pat Benjamin, Kevin Gorman, Karen Boyle, Mike Johnstone, Neal Lewis
Minutes: The minutes of the January 12, 2010 Regular Meeting were approved by a consensus of the members.
Enforcement Officer’s Report: Cathie Jefferson reported on the following:
1. See Old Business (A)
2. See Old Business (E)
3. She has spent a lot of time on the Gargiulo application consulting with Engineer Pat Benjamin and inspecting the site. She explained about the pipe that goes along Parker Hill Road Ext. that is mostly on the Town’s Right- of- Way and may have an impact on the proposed road.
4. There was one Request for Review submitted in January.
OLD BUSINESS
A. S. Bochanis (owner), D. Bochanis (applicant) Request for Review – expansion of septic system –
183 Route 81
Enforcement Officer Cathie Jefferson informed the commission that the applicant had withdrawn his application from the Planning and Zoning Commission. This commission will therefore assume this application for review is no longer an active application before this commission.
B. A.F. King permit application – relocation of utility lines – 12 Fire Tower Road
At the last meeting, Engineer Roger Nemergut explained the proposal to have a portion of the overhead electrical lines taken down and put underground on this property. A revised plan was developed as a result of Mr. Nemergut’s meeting with a representative from CL&P, and was submitted tonight. T. Doyle moved, seconded by E. Auer, to approve the application and revised plan as submitted. The motion carried unanimously.
C. D. Paulsen (owner), Peter Marlowe Forest Products, LLC (applicant) permit application -
Timber harvest with 4 crossings – Kelseytown Road
Enforcement Officer C. Jefferson has reviewed the proposal and does not anticipate any adverse impact on the wetlands. There will be four crossings on the site. The work will be done when the ground is frozen. A motion was made by T. Doyle and seconded by J. Dangelo to approve the application as submitted. The motion carried unanimously.
D. A. & F. Rizza, Jr. (owner), F. Rizza (applicant) permit application – installation of driveway gate
19 Cranberry Meadow Lane
At the last IWWC meeting, Engineer Roger Nemergut presented a proposal for installation of a driveway gate on Lot #6 in the Cranberry Meadow Subdivision. Because the gate will cross land owned by the Killingworth Land Trust, a letter from Land Trust president Suzanne Davenport was submitted stating they had no objection to the gate as long as they were able to open it if they needed vehicular access to their land. A motion made by T. Doyle was seconded by J. Lehane to approve the application as submitted. The motion carried unanimously.
E. T. Machold (owner), Shahani, Inc. (applicant) Application for Review for gas station/convenience
store – 171-5 Route 81
Commission members inspected the site on Saturday, January 16th. They are waiting for information from the Town Engineer who will be inspecting the site with the applicant's engineer, a geologist and a hydrologist. The Planning and Zoning Commission will be scheduling a hearing on this application and will need a report from this commission stating any concerns this commission has about potential wetland impact of the proposal. The approval of the site for this activity is the first step in the process. If the location is approved, then the actual activities are submitted for approval.
Chairman G. Rockwell stated that he has some major concerns. A great deal of these two one-acre lots will be covered with bituminous concrete. Chairman Rockwell has been told by several knowledgeable people that when a large amount of concrete is put on top of an area, it compresses the soil and tends to make the groundwater even closer to the surface because of the compression.
There will be a lot of new void spaces under the concrete where the gas lines will be installed and there is no predicting what the distribution of the groundwater will be. The septic system is proposed to be in the center of the lot and there is a concern that it may be underwater depending on where the groundwater goes.
Chairman Rockwell also noted that because of the paving, the water will sheet-flow over the property. All of the gas and oil, etc. that are washed off the concrete will be floating on top of the detention basin. The runoff with effluents on top will then discharge at the edge of the property which is wetlands.
NEW BUSINESS
A. IWWC Bylaws section on voting
In Article 4, paragraph 7, of our Bylaws, it states that our meeting guidelines are taken from Roberts Rules of Order. Those Rules were revised in 2002 and republished as Roberts Rules of Order Newly Revised. It is recommended that if we use the new Rules, our Bylaws should state the new title. In section 10 of Article 4, it states that voting will be done by a show of hands and we don’t necessarily vote that way; a voice vote is usually taken. In the Newly Revised edition, it states that votes may be taken by a show of hands or voice vote. J. Lehane moved, seconded by T. Doyle, to change the bylaws to reflect the change discussed by Chairman Rockwell. The motion carried unanimously.
B. Town of Killingworth (owner), K. Gorman (applicant) permit application for construction of crossing at Parmalee Farm property - Route 81
Kevin Gorman is proposing to construct a crossing between the two community gardens on the Parmalee property on Route 81 as a Boy Scout project. Kevin discussed using corrugated pipes with crushed stone with a finer stone on top. He was not sure of the actual diameter of the pipes that would be used. The possibility of a bridge constructed from telephone poles and planks was also discussed. Commission members would like to see more detail on whatever type of bridge he decides to construct.
C. E. & C. Gargiulo permit application for 2-lot subdivision – Parker Hill Road Ext.
Civil Engineer Pat Benjamin presented a proposal for a 2-lot subdivision on the Gargiulo property adjacent to 50 Parker Hill Road Extension, across the street from the Wettish property. The 18 acre property was originally subdivided in 1981 into Lot 1 which is 9.29 acres, and Lot 2 which is 7.93 acres. The proposal for a private road will need a wetland crossing of approximately 240 feet, according to Mr. Benjamin. The road will be 20 feet wide which will narrow to 16 feet in width at the crossing, and then returning to 20 feet wide. The only paved portion will be near the entrance off Parker Hill Road Ext. A retaining wall is proposed on either side of the road to reduce the amount of fill going into the wetlands. A 20’ wide by 20’ long by 5’ high arch-span bridge is proposed for the crossing. Mr. Benjamin said that access for construction vehicles will be from a neighbor’s property, not where the proposed road site is. He said that it is easy to see where the crossing will be from Parker Hill Road Ext.
Mr. Benjamin said he was told that when the DEP instructed Mr. Gargiulo to restore his property after some violations, he was allowed to keep the section of the road as filled wetlands; that area did not have to be restored. He noted that where the crossing is proposed is the best location for it. Mr. Benjamin submitted a report from a soil scientist, but he was not able to be at the meeting tonight. If members would like, he can have him attend one of the meetings to discuss the proposal.
Neal Lewis and Karen Johnstone, adjacent property owners, questioned the extent of the proposal as to the number of houses, and also expressed concerns about the amount of water and the direction of water flow that may impact their properties or Parker Hill Road Ext. Enforcement Officer C. Jefferson stated that the Town Engineer is working on an easement for the water flow from the Wettish property that will probably channel much of the water to the south of the Gargiulo property. Commission members would like to have information on the easement before they make any decisions. The neighbors also wondered about potential impact if Mr. Milano subdivides his property across the street from this proposed site.
Commission members questioned the length of the proposed private road. Mr. Benjamin stated that it will be 240 feet but members think it might be longer than that due to the fact that the section of the property near the town road that was filled in, and allowed to remain that way, is still wetlands that will be crossed.
They would like information on the septic system at 50 Parker Hill Road Ext. and want to look at the proximity of the driveway on that property and the proposed road. The proposed crossing is apparently crossing a drainage easement that will have to be maintained and there are questions on who will maintain it. Members also are interested in learning if the engineer has calculated the extent that the stream flow may be augmented by water held by the retaining walls.
Members will have to determine if this activity is a significant activity and if they determine that it is, have a public hearing on the proposal. They will review the written materials that have been submitted and conduct a site inspection on March 6th at 9:00 a.m. Mr. Benjamin will submit several copies of an Alternative Analysis report for the commission to review.
D. Communications
1. Application to Conduct a Regulated Activity – Town of Killingworth (owner), K. Gorman (applicant)
2. Section of site plan showing location of proposed crossing on Parmalee property on Route 81
3. Proposed Utility Improvement Plan prepared for A. Forest King – 10 & 12 Fire Tower Road
4. Record Subdivision Map & Site Development Plan – Cranberry Lane Subdivision, sheets 1 & 3, dated 8/15/02, with five revisions
5. Application to Conduct a Regulated Activity – Eugene & Catherine Gargiulo
6. List of property abutters to E. & C. Gargiulo property
7. Copies of certified mail receipts sent re: Gargiulo property proposal
8. Packet of information from Soil Resource Consultants re: 51 Parker Hill Road Ext.
9. Map of Survey showing property of Eugene & Catherine Gargiulo, West side of Parker Hill Ext.,
6 sheets, Nov. 19, 2009
10. Letter from Suzanne Davenport, President, Killingworth Land Conservation Trust, Inc., to G. Rockwell, 1/24/10, re: Rizza application
11. Copy of Legal Notice sent to DEP Commissioner for IWWC Public Hearing on March 9, 2010
12. Copy of proposed IWWC amendment change
13. Certified mail returned receipt from information sent to DEP Commissioner on public hearing
14. Letter from CT Association of Wetland Scientists, 1/15/10, re: annual meeting
15. IWWC budget printout as of 1/30/10
16. Memo from R.E. Leighton, Code Official, to C. Jefferson, 1/10/10, re: proposed convenience store/refueling station – 171/175 Route 81
17. Copy of letter from R.E. Leighton, Acting Agent for the health Director, to Carl Wilcox Assoc., LLC, 1/22/10, re: potable well water – 22 Surrey Ridge Road
18. Copy of letter from R.E. Leighton, Agent for the Health Director, to David P. Campbell, Nathan L. Jacobson & Assoc., Inc., 2/6/10, re: Killingworth Salt Study, Groundwater Monitoring
19. Copy of letter from R.E. Leighton, Code Official, to Pat Benjamin, Bascom & Benjamin, LLC, 2/6/10, re: proposed 2-lot subdivision on Parker Hill Road Ext.
20. Copy of letter from R.E. Leighton, Code Official, to Steven Schwane, Dept. of Consumer Protection, 2/7/10, re: Charles R. Dutch, LS
21. Notice of Vote from January, 12th IWWC meeting
22. Copy of letter sent to DEP Commissioner, 1/12/10, re: proposed amendment to Regulations
E. Request for Reviews
110 Burr Hill Road – pool and deck
F. Other
1. New Member
Joel Dangelo was welcomed to the commission. Mr. Dangelo is a biology teacher.
Adjournment
The meeting adjourned at 9:17 p.m. to Saturday, March 6th at 9:00 a.m. at the Gargiulo property adjacent to 50 Parker Hill Road Ext.
Inland Wetlands and Watercourses Commission
Killingworth, Connecticut 06419
Regular Meeting
#10-2
February 9, 2010
Chairman Gaylord Rockwell called the meeting to order at 7:29 p.m.
Members present: G. Rockwell, T. Doyle, E. Auer, C. Lippert, J. Lehane, J. Dangelo
Enforcement Officer C. Jefferson was also present.
Members absent: S. Mala
Visitors: Jason Nemergut, Pat Benjamin, Kevin Gorman, Karen Boyle, Mike Johnstone, Neal Lewis
Minutes: The minutes of the January 12, 2010 Regular Meeting were approved by a consensus of the members.
Enforcement Officer’s Report: Cathie Jefferson reported on the following:
1. See Old Business (A)
2. See Old Business (E)
3. She has spent a lot of time on the Gargiulo application consulting with Engineer Pat Benjamin and inspecting the site. She explained about the pipe that goes along Parker Hill Road Ext. that is mostly on the Town’s Right- of- Way and may have an impact on the proposed road.
4. There was one Request for Review submitted in January.
OLD BUSINESS
A. S. Bochanis (owner), D. Bochanis (applicant) Request for Review – expansion of septic system –
183 Route 81
Enforcement Officer Cathie Jefferson informed the commission that the applicant had withdrawn his application from the Planning and Zoning Commission. This commission will therefore assume this application for review is no longer an active application before this commission.
B. A.F. King permit application – relocation of utility lines – 12 Fire Tower Road
At the last meeting, Engineer Roger Nemergut explained the proposal to have a portion of the overhead electrical lines taken down and put underground on this property. A revised plan was developed as a result of Mr. Nemergut’s meeting with a representative from CL&P, and was submitted tonight. T. Doyle moved, seconded by E. Auer, to approve the application and revised plan as submitted. The motion carried unanimously.
C. D. Paulsen (owner), Peter Marlowe Forest Products, LLC (applicant) permit application -
Timber harvest with 4 crossings – Kelseytown Road
Enforcement Officer C. Jefferson has reviewed the proposal and does not anticipate any adverse impact on the wetlands. There will be four crossings on the site. The work will be done when the ground is frozen. A motion was made by T. Doyle and seconded by J. Dangelo to approve the application as submitted. The motion carried unanimously.
D. A. & F. Rizza, Jr. (owner), F. Rizza (applicant) permit application – installation of driveway gate
19 Cranberry Meadow Lane
At the last IWWC meeting, Engineer Roger Nemergut presented a proposal for installation of a driveway gate on Lot #6 in the Cranberry Meadow Subdivision. Because the gate will cross land owned by the Killingworth Land Trust, a letter from Land Trust president Suzanne Davenport was submitted stating they had no objection to the gate as long as they were able to open it if they needed vehicular access to their land. A motion made by T. Doyle was seconded by J. Lehane to approve the application as submitted. The motion carried unanimously.
E. T. Machold (owner), Shahani, Inc. (applicant) Application for Review for gas station/convenience
store – 171-5 Route 81
Commission members inspected the site on Saturday, January 16th. They are waiting for information from the Town Engineer who will be inspecting the site with the applicant's engineer, a geologist and a hydrologist. The Planning and Zoning Commission will be scheduling a hearing on this application and will need a report from this commission stating any concerns this commission has about potential wetland impact of the proposal. The approval of the site for this activity is the first step in the process. If the location is approved, then the actual activities are submitted for approval.
Chairman G. Rockwell stated that he has some major concerns. A great deal of these two one-acre lots will be covered with bituminous concrete. Chairman Rockwell has been told by several knowledgeable people that when a large amount of concrete is put on top of an area, it compresses the soil and tends to make the groundwater even closer to the surface because of the compression.
There will be a lot of new void spaces under the concrete where the gas lines will be installed and there is no predicting what the distribution of the groundwater will be. The septic system is proposed to be in the center of the lot and there is a concern that it may be underwater depending on where the groundwater goes.
Chairman Rockwell also noted that because of the paving, the water will sheet-flow over the property. All of the gas and oil, etc. that are washed off the concrete will be floating on top of the detention basin. The runoff with effluents on top will then discharge at the edge of the property which is wetlands.
NEW BUSINESS
A. IWWC Bylaws section on voting
In Article 4, paragraph 7, of our Bylaws, it states that our meeting guidelines are taken from Roberts Rules of Order. Those Rules were revised in 2002 and republished as Roberts Rules of Order Newly Revised. It is recommended that if we use the new Rules, our Bylaws should state the new title. In section 10 of Article 4, it states that voting will be done by a show of hands and we don’t necessarily vote that way; a voice vote is usually taken. In the Newly Revised edition, it states that votes may be taken by a show of hands or voice vote. J. Lehane moved, seconded by T. Doyle, to change the bylaws to reflect the change discussed by Chairman Rockwell. The motion carried unanimously.
B. Town of Killingworth (owner), K. Gorman (applicant) permit application for construction of crossing at Parmalee Farm property - Route 81
Kevin Gorman is proposing to construct a crossing between the two community gardens on the Parmalee property on Route 81 as a Boy Scout project. Kevin discussed using corrugated pipes with crushed stone with a finer stone on top. He was not sure of the actual diameter of the pipes that would be used. The possibility of a bridge constructed from telephone poles and planks was also discussed. Commission members would like to see more detail on whatever type of bridge he decides to construct.
C. E. & C. Gargiulo permit application for 2-lot subdivision – Parker Hill Road Ext.
Civil Engineer Pat Benjamin presented a proposal for a 2-lot subdivision on the Gargiulo property adjacent to 50 Parker Hill Road Extension, across the street from the Wettish property. The 18 acre property was originally subdivided in 1981 into Lot 1 which is 9.29 acres, and Lot 2 which is 7.93 acres. The proposal for a private road will need a wetland crossing of approximately 240 feet, according to Mr. Benjamin. The road will be 20 feet wide which will narrow to 16 feet in width at the crossing, and then returning to 20 feet wide. The only paved portion will be near the entrance off Parker Hill Road Ext. A retaining wall is proposed on either side of the road to reduce the amount of fill going into the wetlands. A 20’ wide by 20’ long by 5’ high arch-span bridge is proposed for the crossing. Mr. Benjamin said that access for construction vehicles will be from a neighbor’s property, not where the proposed road site is. He said that it is easy to see where the crossing will be from Parker Hill Road Ext.
Mr. Benjamin said he was told that when the DEP instructed Mr. Gargiulo to restore his property after some violations, he was allowed to keep the section of the road as filled wetlands; that area did not have to be restored. He noted that where the crossing is proposed is the best location for it. Mr. Benjamin submitted a report from a soil scientist, but he was not able to be at the meeting tonight. If members would like, he can have him attend one of the meetings to discuss the proposal.
Neal Lewis and Karen Johnstone, adjacent property owners, questioned the extent of the proposal as to the number of houses, and also expressed concerns about the amount of water and the direction of water flow that may impact their properties or Parker Hill Road Ext. Enforcement Officer C. Jefferson stated that the Town Engineer is working on an easement for the water flow from the Wettish property that will probably channel much of the water to the south of the Gargiulo property. Commission members would like to have information on the easement before they make any decisions. The neighbors also wondered about potential impact if Mr. Milano subdivides his property across the street from this proposed site.
Commission members questioned the length of the proposed private road. Mr. Benjamin stated that it will be 240 feet but members think it might be longer than that due to the fact that the section of the property near the town road that was filled in, and allowed to remain that way, is still wetlands that will be crossed.
They would like information on the septic system at 50 Parker Hill Road Ext. and want to look at the proximity of the driveway on that property and the proposed road. The proposed crossing is apparently crossing a drainage easement that will have to be maintained and there are questions on who will maintain it. Members also are interested in learning if the engineer has calculated the extent that the stream flow may be augmented by water held by the retaining walls.
Members will have to determine if this activity is a significant activity and if they determine that it is, have a public hearing on the proposal. They will review the written materials that have been submitted and conduct a site inspection on March 6th at 9:00 a.m. Mr. Benjamin will submit several copies of an Alternative Analysis report for the commission to review.
D. Communications
1. Application to Conduct a Regulated Activity – Town of Killingworth (owner), K. Gorman (applicant)
2. Section of site plan showing location of proposed crossing on Parmalee property on Route 81
3. Proposed Utility Improvement Plan prepared for A. Forest King – 10 & 12 Fire Tower Road
4. Record Subdivision Map & Site Development Plan – Cranberry Lane Subdivision, sheets 1 & 3, dated 8/15/02, with five revisions
5. Application to Conduct a Regulated Activity – Eugene & Catherine Gargiulo
6. List of property abutters to E. & C. Gargiulo property
7. Copies of certified mail receipts sent re: Gargiulo property proposal
8. Packet of information from Soil Resource Consultants re: 51 Parker Hill Road Ext.
9. Map of Survey showing property of Eugene & Catherine Gargiulo, West side of Parker Hill Ext.,
6 sheets, Nov. 19, 2009
10. Letter from Suzanne Davenport, President, Killingworth Land Conservation Trust, Inc., to G. Rockwell, 1/24/10, re: Rizza application
11. Copy of Legal Notice sent to DEP Commissioner for IWWC Public Hearing on March 9, 2010
12. Copy of proposed IWWC amendment change
13. Certified mail returned receipt from information sent to DEP Commissioner on public hearing
14. Letter from CT Association of Wetland Scientists, 1/15/10, re: annual meeting
15. IWWC budget printout as of 1/30/10
16. Memo from R.E. Leighton, Code Official, to C. Jefferson, 1/10/10, re: proposed convenience store/refueling station – 171/175 Route 81
17. Copy of letter from R.E. Leighton, Acting Agent for the health Director, to Carl Wilcox Assoc., LLC, 1/22/10, re: potable well water – 22 Surrey Ridge Road
18. Copy of letter from R.E. Leighton, Agent for the Health Director, to David P. Campbell, Nathan L. Jacobson & Assoc., Inc., 2/6/10, re: Killingworth Salt Study, Groundwater Monitoring
19. Copy of letter from R.E. Leighton, Code Official, to Pat Benjamin, Bascom & Benjamin, LLC, 2/6/10, re: proposed 2-lot subdivision on Parker Hill Road Ext.
20. Copy of letter from R.E. Leighton, Code Official, to Steven Schwane, Dept. of Consumer Protection, 2/7/10, re: Charles R. Dutch, LS
21. Notice of Vote from January, 12th IWWC meeting
22. Copy of letter sent to DEP Commissioner, 1/12/10, re: proposed amendment to Regulations
E. Request for Reviews
110 Burr Hill Road – pool and deck
F. Other
1. New Member
Joel Dangelo was welcomed to the commission. Mr. Dangelo is a biology teacher.
Adjournment
The meeting adjourned at 9:17 p.m. to Saturday, March 6th at 9:00 a.m. at the Gargiulo property adjacent to 50 Parker Hill Road Ext.
