Regular Meeting #05-21
November 22, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present: W. Addy, G. Rockwell, J. Himmelman, R. Tanko, M. Sanders
Also present: Enforcement Officer C. Jefferson

Members absent: W. Velez

Visitors: Derrick Schull, Howard Pfrommer, Jim Ward, Marty Klein, Julie Eckart, Kirk Hagert

Minutes: The minutes of the October 25, 2005 Regular Meeting were approved by a consensus
of the members.

Enforcement Officer’s Report: Cathie Jefferson submitted a written report.

OLD BUSINESS

A. Middlesex Development Co. c/o K. Hagert (owner), Schull Associates, Inc., D. Schull
(applicant) permit application for subdivision – Beckwith Road & Abner Lane Road
Members inspected the site on Saturday, October 29th . Engineer Derrick Schull submitted a revised plan for the Beckwith Ridge Subdivision. The driveway on Lot #1 has been reconfigured and now has no impact on the wetlands. The proposed 12” pipe has been changed to an 18” pipe. There was a discussion about the type of driveway – either a double driveway, or a single shared driveway. Members agreed that a single shared driveway would have less impact on the wetlands. The applicant (Kirk Hagert) submitted a written 30 day extension of the review period.

B. P. Leary proposal for garage construction at 433 Route 148
Members inspected the site on Saturday, October 29th. W. Addy moved, seconded by J. Himmelman, to grant a permit for an addition and a garage at 433 Route 148. The motion carried unanimously.

C. Town of Killingworth, c/o David L. Denvir, First Selectman, permit application for installation of seven pipes under Lovers Lane
Howard Pfrommer, engineer from Nathan Jacobson & Associates, reviewed the proposal for reducing the frequency of roadway flooding on Lovers Lane. A report from Wendy Goodfriend, Natural Resource Specialist, Connecticut River Coastal Conservation District in Middletown, dated November 18th, recommended that a professional wetlands scientist be sought “to gather information on how the water surface elevation change will impact wetland dependent species, and to determine what, if any, changes in the functions and values of the wetlands may occur once the project is completed.” Another of her recommendations is to evaluate the necessity of stabilizing the trench with stone or other material to prevent erosion. She also suggested that feasible and prudent alternatives to the proposed culvert replacement be evaluated. First Selectman Marty Klein suggested that an extension be granted to the commission to give Mr. Klein time to discuss the plan with the other selectmen and report back to the commission.

D. Update on M. Fraser Cease & Desist order – Route 148
No one answered the phone at the Fraser home when they were called to let them know that members would like to inspect the site on October 29th.

A. Meeting schedule for 2006
Members agreed that the meetings in 2006 will be held on the second and fourth Tuesdays of each month, with the exception of December which will have only one meeting.

B. Discussion of commission officers for 2006
After a brief discussion of the offices, R. Tanko moved to accept the following slate of officers:
Chairman – Wayne Addy
Vice-Chairman – John Himmelman
Secretary/Treasurer – Gaylord Rockwell
The motion was seconded by G. Rockwell, and carried unanimously.

One vote was cast by G. Rockwell for the entire slate of officers.

Marty Klein submitted his resignation from the commission due to his election as First Selectman. A letter from Bill Velez indicated that he would not seek reappointment when his term expires at the end of December.

C. Communications
1. Letter of resignation, dated 11/22/05, from Martin Klein
2. Letter from William Velez, 11/21, stating he won’t see reappointment
3. Letter from John S. Bennet from Gould, Larson, Bennet, Wells & McDonnell, P.C., 11/16, re: notice of meetings, etc. with D.P. Hilton Associates applications
4. Building permits issued for October 2005
5. Notice of Vote from October 25th IWWC meeting
6. Minutes of Board of Selectmen meeting – October 24th
7. Notice of Vote from Board of Selectmen meeting – October 24th
8. Notice of Vote from Board of Selectmen meeting – November 14th
9. Copy of letter from Elizabeth Bosco to Charles Martens, Jr., Chairman of Planning & Zoning Commission, 11/8, re: construction of Intermediate/Middle School
10. Letter from Kirk Hagert of Middlesex Development Co., LLC, 11/22, requesting a 30 day extension of review time
11. Letter from Betsey Wingfield, Director of Bureau of Water Management Planning & Standards Division, 10/17, re: Aquifer Protection Area Program Update
12. Memo from Wendy Goodfriend, Natural Resource Specialist, CT River Coastal Conservation District, Inc., 11/18, re: proposed Lovers Lane maintenance project
13. Application for permit amendment Rev 2 from Regional School District No. 17 and Joint Motion to Withdraw Appeal
14. Enforcement Officer’ report, 11/22
15. Land Transfers – October 2005
16. Copy of letter from R.E. Leighton, Code Official to William G. & Anna E. Brandt, 10/29/05, re: Map 37, Lot 15, 73 Roast Meat Hill Road – Notice to Abate Petroleum Contamination
17. Copy of letter to Edward Hawes from R.E. Leighton, Code Official, 10/29/05, re: outstanding issue
18. Copy of letter from R.E. Leighton, Code Official, 10/29/05, to Margaret Poulton, re: accessible ramp installation at 31 Lower Boulder Trail
19. Copy of letter from R.E. Leighton, Code Official, 11/5/05, to Jonathan Moyer, re: skylight installation – 3 Maple Hill Road
20. Copy of memo from R.E. Leighton, Code Official, to Killingworth P&Z Commission, 11/6, re: Fire Protection review/approval – Hammonaset River Estates, LLC
21. Copy of memo from R.E. Leighton, Code Official, 11/6, re; Sanitarian’s Review – Hammonasset River Estates
22. Copy of memo from R.E. Leighton, Code Official, to Peter J. Oddo, Project Supervision, RSD 17 New Intermediate/Middle School Project, 11/6, re: required testing status
23. Copy of memo from R.E. Leighton, Code Official, to Peter J. Oddo, Project Supervision, RSD 17 New Intermediate/Middle School, 11/6, re: Fire Pump Installation Vault Facility
24. RSD 17 New Intermediate/Middle School, re: Required electrical panelboard clearance
25. Copy of memo from R.E. Leighton, Code Official, to Killingworth P&Z commission, 11/13/05, re: Fire protection review – proposed commercial building, Lot 4 Town Center

D. Request for Review forms
15 Stonehill Drive – garage bay addition
20 Cow Hill Road - addition

E. Other
The public hearing on the proposed change to the IWWC Regulations (all existing 50’ review areas be changed to 100’) will be held on Tuesday, January 24, 2006 at 7:15 p.m.

TOP

Regular Meeting #05-19
October 11, 2005

The meeting was called to order at 7:32 p.m. by Chairman Wayne Addy.

Members present: W. Addy, G. Rockwell, J. Himmelman, M. Klein, M. Sanders

Members absent: R. Tanko, W. Velez
Also absent: Enforcement Officer C. Jefferson

Visitors: Charles Elias, Warren Schumack, Michael Harkin, Patrick Leary

1) Engineer Michael Harkin submitted a copy of a sign stating “Conservation Area – Restricted Use” that he proposes to place on trees in 5 locations next to the wetlands area in his backyard at 78 Wolf Hollow Lane. His house was constructed closer to the wetlands than commission members had approved, so the Commission requested that he mark the wetland area on his property to prohibit any activity in that area. Members approved the signs as shown. Mr. Harkin will submit a new plan showing the boundary lines that were recently changed.

2) Patrick Leary spoke to the commission about his proposal to construct a garage at 433 Route 148 that would be approximately 85’ from the wetlands. Mr. Leary was not sure if there was a vernal pool on the property. Members will inspect on October 29th at approximately 9:00 a.m.

Minutes: The minutes of the September 27, 2005 Regular Meeting were approved by a consensus
of the members.

Enforcement Officer’s Report: A written report was submitted by Cathie Jefferson.

OLD BUSINESS

A. RSD #17 Intermediate/Middle School project – Route 81
W. Addy moved, seconded by G. Rockwell, to go into Executive Session at 8:20 p.m. The motion carried with four votes in favor and none opposed. W. Addy moved, seconded by M. Sanders, to go out of Executive Session at 8:34 p.m. The motion carried with four votes in favor and none opposed. No motions were made and no votes were taken.

B. S. Anderson (owner), CT Shoreline Developers –Warren Schumack (applicant) – permit
application for six lot subdivision (“Sherwood Forest”) including private road and
driveway construction – Route 81
Engineer Charles Elias presented a new plan that has the cul-de-sac moved approximately 75’ from the wetland. He explained the changes that have been made on all of the submitted sheets of the plan. Members are concerned with the sediment and pollutants that may contaminate the pond on the site because of the water directed to it. Mr. Elias explained that his concern was catching as much sediment, etc. on the owners’ property before the water went onto the neighbors’ land. He said that installing a detention basin may cause more disturbance to the area than is presently proposed. Mr. Elias discussed the catch basin and the proposed Stormceptor. He said the bottom of the pond could be contoured and cleaned out on a regular basis. Mr. Schumack explained that a homeowners association would own the pond and be responsible for its maintenance

C. J. Mazur & L. Averill permit application for timber harvest – 176 Chestnut Hill Road
Enforcement Officer C. Jefferson reported that the application will be withdrawn at this time.

D. Middlesex Development Co. c/o K. Haggart (owner), Schull Associates, Inc., D. Schull
(applicant) permit application for subdivision – Beckwith Road & Abner Lane Road
Members will inspect on Saturday, October 29th at 8:30 a.m.

NEW BUSINESS

A. D.P. Hilton Associates (R. Dowler) application for review – construction of commercial building & related utilities – Route 80/81 intersection
A plan and review application were submitted for construction of a commercial building near the intersection of Route 80 & 81. A permit was granted a few weeks ago for this site.

B. Communications
1. Land Transfers – September 2005
2. Fax transmittal – letter from Joseph M. Dillon, P.E., Nathan Jacobson & Associates, 10/10/05, re: RSD #17 Intermediate/Middle School
3. Notice of Vote from September 27, 2005 IWWC meeting
4. Affidavit of Publication from The Hartford Courant, 9/26/05, for the Legal Notice from the 9/13/05 IWWC meeting
5. Minutes from Water Pollution Control Authority October 5th Regular Meeting
6. Notice of Vote from September 26, 2005 Board of Selectmen meeting
7. Final Subdivision Plan – Subdivision of Land to be known as “Sherwood Forest”, dated August 30, 2005, revised September 8, 2005, September 22, 2005 & October 7, 2005
8. September 2005 list of review forms submitted
9. Site Grading & Drainage Plan – Sheet C.04B – Regional School District #17 Intermediate/Middle School
10. Application for Wetlands Review – D.P. Hilton Associates (Robert Dowler)
11. Site Plan & Erosion & Sediment Control Plan, Lot 4 Town Center

C. Request for Review forms
5 Lower Ledge - addition

D. Other
The Charter Revision Committee is looking for input on any proposed revisions to the present charter for the Town. If commission members have any changes that they would like to see made in the charter, they should let members of that committee know.

Adjournment
The meeting adjourned at 9:00 p.m.

Regular Meeting #05-18
September 27, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present: W. Addy, R. Tanko, J. Himmelman, W. Velez, M. Sanders
Also present: Enforcement Officer C. Jefferson

Members absent: G. Rockwell, M. Klein

Visitors: Don Carlson, Charles Elias, Warren Schumack, Michael Reznik, Roger Nemergut, Derrick
Schull, Kirk Haggart

Engineer Roger Nemergut discussed the agreement on the Fasulo property on Patrick Drive. Mr. Fasulo will give the neighbor a portion of the property and will share a portion of the neighbor’s driveway. The amount of Open Space land has been reduced from 74% to 72% from the original plan. The Killingworth Land Trust, who will be accepting the Open Space, has no objection to the change. There has been no change in the wetland impact. A motion was made by R. Tanko, and seconded by J. Himmelman, to accept the amendment, as shown on the plan, for the property in the Parkside Subdivision. The motion carried with four votes in favor, none opposed, and no abstentions.

Minutes: The minutes of the September 13, 2005 Regular Meeting were approved by a consensus
of the members, with the following correction: under Old Business (B), the motion was
seconded by R. Tanko, not J. Himmelman.

Enforcement Officer’s Report: Cathie Jefferson reported on the following:
1) Mrs. Fraser (449 Route 148) informed her that a white picket fence will be installed in the front yard. The stonewall has been removed. Mrs. Fraser picked up an application to do some work in the back yard. An application is needed due to the proximity of the wetlands.
2) She sent a written response to Mr. and Mrs. Rich stating that the silting she observed on their property on Route 148 was not near the wetlands. She suggested that Mr. & Mrs. Rich may want to have the area flagged to determine the wetlands’ location.
3) Mr. York still has the old barn and a lot of the junk that was in the yard on his property on County Road. He was asked to clean up the yard.
4) Five new review forms were submitted.

OLD BUSINESS

A. Hammonasset River Estates, LLC permit application for subdivision – Beckwith Road
This item was voted on at the last meeting.

B. RSD #17 Intermediate/Middle School project – Route 81
R. Tanko moved, seconded by J. Himmelman, to go into Executive Session at 8:46 p.m. The motion carried with four votes in favor and none opposed. R. Tanko moved, seconded by J. Himmelman, to go out of Executive Session at 8:50 p.m. The motion carried with four votes in favor and none opposed. No motions were made and no votes were taken.

C. S. Anderson (owner), CT Shoreline Developers –Warren Schumack (applicant) – permit
application for six lot subdivision (“Sherwood Forest”) including private road and
driveway construction – Route 81
Don Carlson submitted revised plans showing the cul-de-sac moved approximately 15’ to the left. Details were also submitted on the bridge to be constructed on the driveway to service Lots #5 & 6. The bridge will span approximately ¾ of the wetland area. Engineer Charles Elias presented information on the drainage design which includes two separate basins being proposed. With the houses located a considerable distance from the wetlands, Mr. Elias said the water has time to filter out before it gets to the wetlands. He said the Homeowners’ Association would be responsible for maintaining the basins. Mr. Elias noted that the disturbed area will be reduced by a few hundred square feet by moving the cul-de-sac.

Mr. Carlson said the applicants are constrained because of the Planning & Zoning Commission’s regulations on the length of the road. A waiver would have to be applied for (from P&Z) to make the road longer than 1000’. Members expressed concern about the “top grade” wetlands that are being disturbed. There is also a possibility that this area may be a nesting place for the red-shouldered hawk. Mr. Carlson will contact Town Engineer Joe Dillon to discuss alternatives to the plan.

D. Inspection of the Harkin house site – 78 Wolf Hollow Lane
Michael Reznik appeared before the commission to discuss the problem with the house site that was discussed at the last meeting. Because of ledge, the house had to be rotated from the original position and is now closer to the wetlands. Mr. Reznik agreed that the wetlands will be flagged and signs will be posted indicating the location of the wetland area. He will have Mr. Harkin, the home owner, make suggestions at the next meeting as to possible wording of signs that could be posted.

NEW BUSINESS

A. J. Mazur & L. Averill permit application for timber harvest – 176 Chestnut Hill Road
Enforcement Officer Cathie Jefferson will inspect the site and report to the commission at the next meeting.

B. Middlesex Development Co. c/o K. Haggart (owner), Schull Associates, Inc., D. Schull
(applicant) permit application for subdivision – Beckwith Road & Abner Lane Road
Derrick Schull presented information on a proposed three lot subdivision between Beckwith Road and Abner Lane Road. Access will be off Abner Lane and Beckwith Road. The Killingworth Land Conservation Trust will be deeded a parcel that is approximately nine acres. Fill will be needed on Lots 2 & 3. A crossing is proposed over the intermittent stream on the property. Members will inspect on Saturday, October 29th at 8:30 a.m.

C. Communications
1. Site plans “Sherwood Forest” – dated 8/30/05, revised 9/8/05 and 9/22/05
2. Copy of letter from C. Jefferson, WEO, to Dennis Rich, 9/27/05, re: inspection
3. Copy of memo from R.E. Leighton, Code Official, 9/21/05, to P&Z Commission, re: Special Exception Modification, Killingworth Village Shopping Center, Proposed Subway Restaurant/Liquor Store expansion
4. Notice of Vote from 9/13/05 IWWC meeting
5. Legal Notice Publication from The Hartford Courant, 9/23/05, from 9/13 IWWC meeting
6. Minutes from Board of Selectmen 9/12/05 meeting
7. Notice of Vote from 9/12/05 Board of Selectmen meeting
8. Publication – “The Habitat”, Vol. XVII, No.3, Summer 2005
9. Application to conduct a regulated activity – J. Mazur & L. Averill
10. Narrative: Forest Management Project for the Averill/Mazur property
11. 3 pages of certified mail receipts (15 receipts) for Mazur/Averill project
12. Application to conduct a regulated activity – Middlesex Development Co., c/o K. Haggart (owner), Schull Associates, Inc. (D. Schull) (applicant)
13. Subdivision Map of Remaining Land Situate, Beckwith Road & Abner Lane – 1 sheet, dated August 2005
14. Parkside Resubdivision – Record Subdivision Map & Site Development Plan, dated March 10. 2005, revised March 14, 2005 & September 26, 2005
15. Project: Conceptual Design of Bridge prepared for Sherwood Forest Subdivision, CT Shoreline Developers, dated September 26, 2005 (8 pages)
16. Page C.04A of RSD #17 plans for New Intermediate/Middle School, issued 11/03/03, with 11 revisions (latest revision 9/16/05)
17. Page C.04C of RSD #17 plans for New Intermediate/Middle School issued 11/03/03, with 10 revisions (latest revision 9/16/05)

D. Request for Review forms
155 Route 81 – Daycare center 44 Whitewood Trail – mobile home replacement
204 Roast Meat Hill Road – horse barn 54 Cow Hill Road – inground pool
180 Schnoor Road - deck

Adjournment
The meeting adjourned at 8:54 p.m.

TOP

Regular Meeting #05-17
September 13, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present: W. Addy, R. Tanko, J. Himmelman, M. Klein, M. Sanders
Also present: Enforcement Officer C. Jefferson

Members absent: G. Rockwell, W. Velez

Visitors: Don Carlson, Charles Elias, Attorney Ken Anton, Warren Schumack, Michael Harkin

Michael Harkin, professional engineer, submitted an As-Built drawing of his house at 78 Wolf Hollow Lane. Mr. Harkin explained that because of ledge and ground water the house had to be shifted slightly and is now over the building setback line and is encroaching further into the wetlands than originally proposed. Members discussed possibly having some mitigation done. Members will inspect on September 24th at 8:30 a.m.

Minutes: The minutes of the August 23, 2005 Regular Meeting were approved by a consensus of
the members. The minutes of the August 31st emergency meeting were approved with
the following correction: Under “Members present”, the name Mike Beard should be
changed to Mike Sanders.

Enforcement Officer’s Report: Cathie Jefferson reported on the following:
1. An application for an addition to an existing home was submitted by Patrick Leary
(Route 148). The application is incomplete because the certificates of mailing have
not been submitted.
2. She inspected the Rich property on Route 148. The wetlands on the site are
approximately 100-150 feet from the gully that was dug by the Town crew. There is
some silting taking place, but not in the wetlands. The area is not in the watershed.
3. Seven review forms were submitted since the last meeting.

OLD BUSINESS

A. G., E., & D. Piroli application for Wetlands Review for resubdivision – 171 Emanuel Church Road
No new information was presented on this review application.

B. Hammonasset River Estates, LLC permit application for subdivision – Beckwith Road
Attorney Ken Anton and Engineer Pat Benjamin discussed the conservation easement which the Killingworth Land Conservation Trust will take, subject to some conditions. The easement is entirely in Lot 3 now and the house location in Lot 3 has been changed. J. Himmelman will recuse himself from the vote on this application because, as a member of the Land Conservation Trust, he will be working on the wording of the conditions of the easement. A motion was made by M. Sanders and seconded by J. Himmelman, to accept the plan presented tonight for a crossing in the Hammonasset River Estates subdivision. The motion carried with four votes in favor; one member recused himself from the vote.

D. F. DeOrchis (owner), Scotland Hardwoods, c/o Rod Burgess (applicant) permit application
for timber harvest – 267 North Parker Hill Road
Enforcement Officer C. Jefferson inspected the site of the proposed timber harvest. The area is relatively flat and has two access points. No crossings are proposed. Some of the trees to be removed are within the 50’ review area. W. Addy moved, seconded by R. Tanko, to grant a permit to Frankie DeOrchis (owner), Scotland Hardwoods, c/o Rod Burgess (applicant) for a timber harvest at 267 North Parker Hill Road. The motion carried with four votes in favor, none opposed, and no abstentions.

NEW BUSINESS

A. S. Anderson (owner), CT Shoreline Developers –Warren Schumack (applicant) – permit
application for six lot subdivision (“Sherwood Forest”) including private road and
driveway construction – Route 81
A permit application has been submitted for a bridge crossing on the proposed six lot subdivision. The wetlands have been re-flagged by Richard Snarski; no unique vegetation was found on the property. A small portion of wetlands in the corner of the cul-de-sac will also be impacted slightly. Don Carlson said a structural engineer is working up an exact plan of the subdivision proposal. Members are concerned about the proximity of the cul-de-sac and the pond to the wetlands. Discussion will continue when the new plan is submitted.

B. Communications
1. Clerk’s hours – August 2005
2. Affidavit of Publication from The Hartford Courant for 8/9/05 Legal Notice publication
3. Notice of Vote from 8/23/05 IWWC meeting
4. Land Transfers – August 2005
5. August 2005 building permits issued
6. Copy of letter from R.E. Leighton, Code Official, 8/22/05, to Tadeusz & Teresa Pienkos, re: electrical installation stop work notice
7. Copy of memo from R.E. Leighton, Code Official, 9/11/05, re: Hammonasset River Estates Fire Protection Review/Application incomplete
8. Copy of memo from R. E. Leighton, Code Official, 9/11/05, to Hammonasset River Estates, Sanitarian Review/Application incomplete
9. Minutes of August 22nd Board of Selectmen meeting
10. Notice of Vote from 8/22/05 Board of Selectmen meeting
11. Minutes of August 26th Special Meeting of Board of Selectmen
12. Copy of letter from Denise Ruzicka, Director, Inland Water Resources Division, to David L. Denvir, 8/25/05, re: dam construction project
13. Notice of Tentative Determination for Dam Repair from CT DEP, 8/25/05
14. Copy of memo from Wayne Addy to P&Z, 8/30/05, re: Town of Killingworth Municipal Improvement, Bethke Road
15. Copy of memo from Wayne Addy to P&Z, 8/30/05, re: Realignment of Alders Bridge Road
16. Copy of letter from Cathie Jefferson, WEO, to R. Rothenberg, 9/6/05, re: application fee
17. Letter from Kati L. Drzewianowski, E.I.T., Nathan Jacobson & Associates, Inc., 8/26/05, re: Realignment of Alders Bridge Road
18. Letter from Kati L. Drzewianowski, E.I.T. Nathan Jacobson & Associates, Inc. 9/2/05, to C. Jefferson (P&Z), re: Special Exception Application #206, Realignment of Alders Bridge Road
19. Letter from John Himmelman, President, Killingworth Land Conservation Trust, 9/12/05, re: accepting amended offer from John Fasulo III on Patrick Drive
20. Faxed letter from Joseph M. Dillon, P.O. Nathan L. Jacobson & Associates, Inc., 9/13/05, re: RSD #17 Intermediate School Gross Particle Separator Plan
21. Copy of letter from Raymond C. Sanford, P.E., Vice President, Engineering, TPA Design Group, 8/23/05, to adjacent and/or abutting property owners to Town of Killingworth property – 323 Route 81
22. Letter from Paul S. Griswold, President, Killingworth Garage, 8/30/05, re: proposed relocation of transfer station
23. Certified mail receipts from letters sent to adjoining/abutting property owners of Frank DeOrchis
24. Application to conduct a regulated activity – Sherwood Anderson (owner), CT Shoreline Developers, Inc. Warren Schumack (applicant)
25. 25. Certificates of mailing from letters sent to adjoining/abutting property owners of Sherwood Anderson subdivision
26. As-Built Drawing – Lot #16 Wolf Hollow Estates, #78 Wolf Hollow Lane, dated 9/6/05
27. Application to conduct a regulated activity – Patrick Leary, Theresa Babuscio
28. Final Subdivision Plan “Sherwood Forest” dated Sept. 7. 2005
29. Final Subdivision Plan “Sherwood Forest” dated August 30, 2005, revised Sept. 8. 2005

C. Request for Review forms
2 Owl Hollow Road – new home 71 Emanuel Church Road – new home
223 River Road – 3 season porch 375 Roast Meat Hill Road – addition and shed
469 Route 148 – garage 18 Dudley Towne Road – new home
24 Granite Hill Road - addition

Adjournment
The meeting adjourned at 9:00 p.m. to September 24th at 8:30 a.m. at 78 Wolf Hollow Road

TOP

Regular Meeting #05-16
August 23, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present: W. Addy, G. Rockwell, R. Tanko, J. Himmelman, M. Klein, W. Velez, M. Sanders
Also present: Enforcement Officer C. Jefferson

Members absent: None

W. Addy moved, seconded by M. Klein, to go into Executive Session at 7:30 to discuss the Regional School District #17 Intermediate/Middle School building project. The motion carried.
A motion was made by W. Addy, seconded by M. Klein, to come out of Executive Session at 8:20.
No motions were made, no votes were taken.

Visitors: Tom Stevens, Don Carlson, Charles Elias, Attorney William Howard, Howard Pfrommer,
Warren Schumack, Kjell Tollefsen, Gary Mala

1. Tom Stevens presented a proposal, on behalf of Chuck and Ann Caldwell, for a modification to a driveway in The Ridges at Deer Lake subdivision. No permits were required for this lot, but a permit for the subdivision road was approved in 2001. A set of plans was submitted, dated 8/16/05. W. Addy moved, seconded by J. Himmelman, that an amendment to an existing permit for The Ridges at Deer Lake, Section III be granted, granting a change to the driveway on the Caldwell property allowing the driveway to enter Buell Hill Road, as shown on the amended plan “ Lot Line Revision Map, Land N/F Deer Lake II LLC & Land N/F Caldwell”, dated August 16, 2005. The motion carried.

2. Kjell Tollefsen, Chair of the RSD #17 Building Committee, and Superintendent Gary Mala attended the meeting to discuss a new proposal to install both the Downstream Defenders and a Vortechnics unit. Mr. Tollefsen said that Ray Gradwell, the project manager, and Joe Dillon, Town Engineer, have discussed the specifics of this plan. The two Downstream Defenders at the higher elevation are 5000 models. Members agreed conceptually with the plan, but would like to study it more carefully and also discuss it with Engineer Joe Dillon. Chairman Addy would like the members to let him know their thoughts on the proposal before next Monday. He will get back to the Building Committee on Monday, August 29th.

Minutes: The minutes of the August 9, 2005 Regular Meeting were approved by a consensus of
the members. The minutes of the August 15th special meeting will be distributed to
the members at the next meeting.

Enforcement Officer’s Report: Cathie Jefferson reported on the following:
1. A representative from Hammonasset River Estates, LLC talked with her about their proposal for a conservation easement. She recommended that they attend a Land Trust meeting to discuss their plan. They are looking for a group to give the conservation easement to that will monitor the area.
2. She will inspect the proposed timber harvest project area at 267 North Parker Hill Road, proposed by Scotland Hardwoods, and report to the members at the next meeting. The certificates of mailing have not yet been submitted to the commission.
3. She will meet with Mr. and Mrs. Rich to discuss the silting problem on their property on Route 148 (as discussed at the last meeting).
4. No new Request for Review forms were processed.

OLD BUSINESS

A. G., E., & D. Piroli application for Wetlands Review for resubdivision – 171 Emanuel Church Road
There was no representative for the applicant at the meeting to discuss the proposal.

B. Hammonasset River Estates, LLC permit application for subdivision – Beckwith Road
See Enforcement Officer’s Report #1.

C. S. Anderson (owner), CT Shoreline Developers –Warren Schumack (applicant) – review for subdivision – Route 81
Don Carlson presented a revised plan for a subdivision on the Anderson property on Route 81. A private road on the south end of the property is proposed. A common driveway is proposed for Lots #5 and 6 that would require a crossing. The portion of the driveway going to Lot #5 will be within 50’ of the pond. There were concerns expressed by some members that there was unnecessary impact on the wetlands; there is access to the property without having to impact the wetlands.

D. Town of Killingworth c/0 David L. Denvir, First Selectman, permit application for realignment of Alders Bridge Road including culverts
Engineer Howard Pfrommer reported to the members that a catch basin with an outlet hood has been added to the revised plan for the road realignment. Other revisions having to do with the P&Z Commission and the Dept. of Transportation were also included on the plan. G. Rockwell moved, seconded by J. Himmelman, that the proposal be accepted for activities shown on the plan “Realignment of Alders Bridge Road”, dated April 1, 2005, submitted at the August 23, 2005 meeting. The motion carried.

E. Rothenburg permit application – Chestnut Hill Road
A letter was received from the Rothenburgs saying they were not pursuing their pond project at this time. They requested that the IWWC fee be returned. Members agreed that the usual policy is to apply the fee to a future application.

F. T. Chase request for pond – 179 Route 80
No information was submitted, no one was present to discuss the proposed test hole for a pond.

NEW BUSINESS

A. Bethke Road ball field proposal
Chairman Addy will write a memo to the Planning & Zoning Commission stating there are no wetland issues on the site proposed for the construction of a baseball field.

B. Communications
1. Notice of Vote from 8/9/05 IWWC meeting
2. Minutes of Board of Selectmen meeting on 8/8/05
3. Certified mail receipt sent to Gary Shettle
4. Legal Notice Publication from August 9th Hartford Courant from July 28th continuation of July 26th meeting
5. Legal Notice Publication from August 23rd Hartford Courant from August 9th IWWC meeting
6. Affidavit of Publication, dated 8/28/05, from Legal Notice in The Hartford Courant
7. Affidavit of Publication, dated 8/10/05, from Legal Notice in The Hartford Courant
8. Application to Conduct a Regulated Activity – Frankie DeOrchis (owner), Scotland Hardwoods, c/o Rod Burgess (applicant)
9. Copy of Forest Products Sale Agreement, page 3 – DeOrchis property
10. Exhibit A – DeOrchis Logging Project Cutting Schedule/Sedimentation and Erosion Control Plan
11. Exhibit B – DeOrchis property
12. Copy of memo from R.E. Leighton, Code Official, 8/20/05, to P&Z, re: Special Exception Modification, Killingworth Village Shopping Center – propane tank farm expansion
13. Copy of letter from R.E. Leighton, Code Official, 8/20/05, to Blaine Isakson, re: Certification of Occupancy Conditions
14. Copy of letter from R.E. Leighton, Code Official, 8/22/05, to Marcelo Torres, re: Notification of Stop Work – construction
15. Copy of letter from R.E. Leighton, Code Official, 8/22/05, to Tadeusz & Teresa Pienkos, re: Notice of Stop Work & Electrical Installation
16. Map of Survey showing property of Hammonasset River Estates, LLC, as subdivided – Beckwich Road & Abner Lane, dated May 18, 2005, revised June 27th and August 18th, consisting of 5 sheets
17. Request for Review – Charles & Anne Caldwell, Deer Lake II, LLC
18. Lot Line Revision Map – Record, Lot 39 (Land N/F Deer Lake II, LLC) & Land N/F Caldwell, “The Ridges at Deer Lake”, Section 3
19. Same as #18 (smaller version)
20. Letter from Kati L. Drzewianowski, E.I.T., Nathan L. Jacobson & Associates, Inc., 8/22/05, re: Realignment of Alders Bridge Road
21. Set of Plans “Realignment of Alders Bridge Road, dated April 1, 2005, consisting of 8 sheets

C. Request for Review forms
No new forms submitted.

D. Other
1. The next NEMO meeting will be held in the Town Office Building on August 30th at 3:30 p.m.
2. Chairman Addy had a phone call from Derrick Schull from the Land Use Committee to discuss the relocation of the town Transfer Station. The committee had the area’s wetlands flagged several years ago when the property was reviewed. The access road to the Transfer Station will be away from the wetlands on the site. There was a consensus of the members to not require another wetlands flagging. The Land Use Committee will submit a plan to this commission when it is ready.

TOP

Regular Meeting #05-15
August 9, 2005

Members present: W. Addy, G. Rockwell, R. Tanko, J. Himmelman, M. Klein, W. Velez, M. Sanders
Also present: Enforcement Officer C. Jefferson

Members absent: None

Visitors: Pat Benjamin, Don Carlson, Allyn Chase, Todd Chase, Jim Ward, Howard Pfrommer,
Cynthia & Dennis Rich, Charles Elias, Warren Schumack

1. Allyn & Todd Chase discussed their proposal to dig a test hole to test the feasibility of a pond at 179 Route 80. Todd Chase said Jim Lally of Schumack Construction will do the work. He explained that the pond would be used for raising trout and to improve the property. If a pond is dug, the spoils will remain on the property and will be spread around the house to make a lawn. Members agreed that a permit application is needed for them to dig the test hole on the property.

2. Cynthia and Dennis Rich explained that they own a 700' piece of property on the dirt portion of Alders Bridge Road. They told the commission that a trench had been dug by a town crew on their property years ago and silt and gravel from Alders Bridge Road has been channeled onto their property. They have had a silting problem for many years that still continues. No easement had been requested by the town to dig the trench on their property. Mr. and Mrs. Rich would like the commission to see what they can do to alleviate the problem. They are hoping that if any changes are made in Alders Bridge Road, that there will not be any additional impact on their land. Chairman Addy told Mr. and Mrs. Rich that they can file a complaint with the Enforcement Officer.

3. Don Carlson and Charles Elias discussed the proposal for the Anderson parcel on Route 81. Members had reviewed a subdivision proposal several weeks ago but the plan has changed. The proposal is for 5 lots off a private road. Two crossings are proposed. Members noted that the original plan had only one crossing with less impact to the wetland area. According to Mr. Elias, a "fair amount" of wetlands will be filled in. Mr. Carlson said that the road could possibly be moved another 20' further away from the pond. Members who did not inspect the site at the time of the original proposal will inspect it this Friday.

Minutes: The minutes of the July 26, 2005 Regular Meeting and the minutes of the continuation of that meeting on July 28, 2005 were approved by a consensus of the members.

Enforcement Officer's Report: Cathie Jefferson reported on the following:
1. The Rothenburgs submitted an application but will not be back to the commission within 65 days because they have to go through the DEP on their proposal to clean out their pond. They have not withdrawn their application at this time.
2. The Board of Selectmen will appoint the IWWC as the aquifer protection agency for the Town of Killingworth. The aquifers are designated by the state and each town has to choose an agency of the town to protect those areas. The aquifer map is preliminary at this time.
3. A list of building permits issued in July was distributed to the members.

4. She relayed information about a phone call she received from someone who wanted to dig up a vernal pool because it was not holding water all of the time.

OLD BUSINESS

A. RSD #17 Intermediate/Middle School committee request to replace Vortechnic unit with Downstream Defender unit
A letter from Ray Gradwell, Project Manager, Diversified Technology Consultants, dated May 20, 2005, had been submitted requesting approval from the commission to change the Vortechnics unit that had been specified in the permit granted to the school system in 2003 to a Downstream Defender unit. A motion was made by W. Addy, seconded by R. Tanko, to deny the request based on the decision of the Cease and Desist notice (at the July 26th IWWC meeting and its continuation on July 28th). The motion carried.

Chairman Addy informed the commission that he had met with Superintendent Gary Mala and discussed a suggestion brought up by Mr. Mala to install one Vortechnic on the outflow portion. Mr. Addy told him he would bring it to the attention of the commission members. Members agreed (at this meeting) that this solution would not be acceptable.

B. G., E., & D. Piroli application for Wetlands Review for resubdivision - 171 Emanuel Church Road
There was no representative for the applicant at the meeting to discuss the proposal.

C. Hammonasset River Estates, LLC permit application for subdivision - Beckwith Road
Professional Engineer Pat Benjamin presented information on a proposed three lot subdivision on the former Roth property. The wetlands on the site have been flagged. The proposal is to fill approximately 400 square feet using an area that was previously disturbed. The applicant had contacted Environmental Planning Services who issued a report on their findings. The report said that the vernal pool on the property is a Tier 1 pool and every effort should be made to preserve it.

Mr. Benjamin and his attorney discussed the fact that a conservation easement may be proposed but did not know specifically who would be the recipient of the easement. Members expressed their concern about having a conservation easement with no one in place to monitor it or own it. Mr. Benjamin will look for an outside agency who will take the easement. He will return with a plan for the commission to review.

D. H. Ty & Rebecca Wallace permit application for trenching along existing driveway for utilities - 77 Burr Hill Road
Mr. Wallace presented his proposal to the commission to dig a trench to put in utilities on the existing driveway that is shared with the neighbor at #75 Burr Hill Road. J. Himmelman moved, seconded by M. Klein, to grant a permit to trench along the existing driveway for utilities, as indicated on the smaller of the two attached maps by the yellow highlighted section. Discussion: There will be two culverts installed in the trench that will go through the wetlands. A second PVC conduit will be installed alongside (or on top of) the existing pipe. The motion carried.

NEW BUSINESS

A. Town of Killingworth c/0 David L. Denvir, First Selectman, permit application for realignment of Alders Bridge Road including culverts
Town Foreman Jim Ward and Engineer Howard Pfrommer, Nathan Jacobson & Associates, proposed a change in the alignment of Alders Bridge Road. The road, as it exists now, exits onto Route 81. The proposal is for the road to exit onto Route 148 and to close the existing road. Two catch basins will be installed. A portion of the culvert is within the 50' wetland setback. Discussion will continue at the next meeting.

B. Communications
1. Application to conduct a regulated activity - Barbara & Robert Rothenberg
2. Sketch of Rothenberg proposal for pond clean out
3. Fax from Susan Hull re: sequence of events for dredging of pond on Rothenberg property
4. Layout plan for pre-cast concrete box culvert proposed for Rothenberg property
5. Vernal Pool Assessment Report - Hammonasset Estates - prepared by Environmental Planning Services, July 22, 2005
6. July building permits issued
7. Minutes of Water Pollution Control Authority Regular Meeting - August 3, 2005
8. Minutes of Board of Selectmen Regular Meeting - July 25, 2005
9. Legal Notice Publication in The Hartford Courant on July 29, 2005 from July 26th IWWC meeting
10. Notice of Vote from July 26, 2005 IWWC meeting
11. Application to conduct a regulated activity - Town of Killingworth, c/o D. Denvir, First Selectman
12. Letter from Kati L. Drzewianowski, E.I.T., Nathan Jacobson & Associates, Inc., 7/12/05, re: Realignment of Alders Bridge Road
13. Project Narrative for Alders Bridge Road Realignment prepared by N. Jacobson & Assoc., June 29, 2005
14. Names & addresses of the record owners of land abutting and directly across the street for Alders Bridge Realignment, June 29, 2005
15. Road Re-Alignment Plan for Alders Bridge Road, Nov. 2, 1999, revised Feb. 22, 2000 and Sept. 20, 2000
16. Plan for Realigning Alders Bridge Road, 7 sheets, issued for permitting April 1, 2005
17. Certified mail receipts for mail sent by Nathan Jacobson & Associates, Inc. to abutting and adjoining property owners of Town property scheduled for realignment of Alders Bridge Road & CT Water Co. - sent to Jeremiah G. Adametz, Pamela Reale, Dennis & Cynthia Rich, Fredrick Adametz, Ms. Cindy Fazendeiro (CT Water Co.), Alexander & Suzanna Walsh, Heather Bownell & Dennis Keegan
18. Letter with attachments to Wayne Addy from Ray Gradwell, P.E. Project Manager Site Engineering, Diversified Technology Consultants, 4/22/05
19. Letter with attachments to Wayne Addy from Ray Gradwell, P.E. Project Manager Site Engineering, Diversified Technology Consultants, 5/20/05, requesting approval to change the Vortechnics unit to Downstream Defender unit
20. Land Transfers - July 2005
21. Letter from F. Adametz re: Alders Bridge Road realignment

C. Request for Review forms
No new forms submitted.

Adjournment
The meeting adjourned at 9:33 p.m.

TOP

Regular Meeting #05-14
July 28, 2005
(Continuation of the July 26th Regular Meeting)

Members present: W. Addy, G. Rockwell, R. Tanko, J. Himmelman, M. Klein, M. Sanders
Also present: Enforcement Officer C. Jefferson

Members absent: W. Velez


Visitors: Kjell Tollefsen, Tom Dowling, Graham Curtis, Jim Foote, Shannon OCork
Attorney Tim Hollister, Trevor Drummond, Michael Board, Gary Mala

Cease & Desist notice sent to Gary Shettle/RSD #17 Intermediate/Middle School
Chairman Wayne Addy reminded the commission members that their judgments can be made only on information that was submitted on Tuesday, July 26th as part of the public record. Items that were submitted on July 26th (letter from Cindy Fazendeiro of the CT Water Company, and a letter from Wendy Goodfriend, CT River Coastal Conservation District, Inc.,) were passed around for members to read.

Members discussed the information from the first part of the meeting on Tuesday, July 26th. Comments by the members included:
• What stands is the wording on the permit, not the plans
• Engineers from both sides agree that there is no data from field testing of the 6' Downstream Defender
• No members were happy with the school site when the project began but agreed
to work with the RSD #17 team to make it work
• The applicant's engineer said in his original presentation that the Vortechnics? unit
was the best; he never mentioned the Downstream Defender
• No specific information has been submitted stating that the Downstream Defender
is equal to or better than the Vortechnics?
• The commission wants to go above and beyond the minimum State standards for the stormwater treatment
• When the project was initially presented, there was a great deal of input from the
RSD #17 team stating that the land was already purchased and it would be costly if
the school couldn't be built there. Now the commission is hearing the same thing -
the units are already bought and it would be costly to change
• Because of the proximity of the wetlands, the commission said they wanted the best
unit and were told that Vortechnics? was the best
• Of all the information available on the internet, nothing tells them that the Downstream Defender will be better than the Vortechnics?.

A motion was made by W. Addy, seconded by J. Himmelman, that the Cease and Desist order issued to Gary Shettle/RSD #17 Intermediate/Middle School remain in effect. Based upon a consideration of all the testimony and documentary evidence, the Commission found and concluded as follows:
1. Whereas the Southern detention pond is not optimally placed but was approved at the request of the applicant as a feasible and prudent alternative, and thus the stormwater runoff directed to that pond required more critical consideration by the commission; and
2. Whereas the Commission specified a specific advanced oil/grit separator (Vortechnics?) to assure the maximum remediation of stormwater prior to its discharge to the adjacent wetlands as a basis for granting the RSD 17 middle school permit; and
3. Whereas the Commission in issuing the permit determined that the Vortechnics? would lessen the environmental impact of the project on the wetlands; and
4. Whereas the site is within the watershed of the Connecticut Water Authority and it was their expectation that the Vortechnics? would be used in the treatment train to protect its watershed; and
5. Whereas the Connecticut River Coastal Conservation District Inc. provided their professional guidance in helping the IWWC arrive at their original permit decision with the expectation of a Vortechnics? oil grit separator being installed and based upon their knowledge of the known performance of the Vortechnics? separator whose effectiveness had been demonstrated through extensive lab and field testing; and
6. Whereas there is no direct comparison of competing hydrodynamic particle separator technologies showing equivalence of all capabilities of the proposed substitute products at the sizes required for this permit and no evidence of equivalence of these technologies for removing fine particles required in satisfaction of this permit, and
7. Whereas the specified Vortechnics? oil/grit separator has extensive actual field proven applications and documented performance for the size separators required for this permit and, in contrast, the applicant did not identify similarly documented performance for the proposed alternative; and
8. Whereas the testimony of the applicants expert witnesses was conflicting with the town engineers', which was based upon field testing, as to the proven capability of the Vortechnics oil/grit separator vs. the proposed alternative; and
9. Whereas the DTC (Diversified Technology Consultants) comments that the applicant proposed as alternatives to the Vortechnics? oil/grit separator were made before the permit was granted and subsequently rejected as a condition of the permit; and
10. Whereas the mitigating considerations of cost and schedule impact on the project were not compelling nor credible, nor were alternatives proposed by the applicant,
11. Therefore the Cease and Desist Order issued by the Killingworth IWWC to RSD #17 is upheld, and shall remain in effect.
The motion carried unanimously.

Communications
There were no additional communications.

Adjournment
The meeting adjourned at 6:24 p.m.

TOP

Regular Meeting #05-14
July 26, 2005

Members present: W. Addy, G. Rockwell, R. Tanko, J. Himmelman, M. Klein, M. Sanders
Also present: Enforcement Officer C. Jefferson

Members absent: W. Velez

Visitors: Tom Dowling, Graham Curtis, Jim Foote, Shannon OCork, Kjell Tollefsen,
Gary Shettle, Attorney Tim Hollister, Gary Mala, Joe Dillon, Wade Thomas,
Trevor Drummond (court reporter), Ray Gradwell, Lou Annino,
Attorney William Howard, David Lord, David Tyce, Bob Baranoff,
Michael Board, Rick Berzon, Jim Thomson

OLD BUSINESS

A. Cease & Desist letter sent to Gary Shettle/RSD #17 Intermediate/Middle School
Chairman W. Addy moved, seconded by J. Himmelman, to move this agenda item to the top of the agenda. The motion carried unanimously. Mr. Addy noted that after this hearing on the Cease & Desist order concludes, members have to make a decision within 15 days - to either leave the Cease & Desist order in place, or to lift it.

Attorney Tim Hollister, from Shipman & Goodwin law firm, submitted a presentation outline stating who would be speaking on which issue. He said the District #17 team is approaching this in good faith and hope to have it resolved quickly because this will be affecting the children in both Haddam and Killingworth. He gave a background review of the situation. Attorney Hollister stressed three points in his presentation: 1) As he looked back on the paperwork from 2003, he said there was a misunderstanding of what is in the IWWC permit. They substituted the Downstream Defender on a good faith basis; 2) after listening to their expert testimony, they assumed that the Downstream Defender, when properly installed and maintained, would leave no measurable difference in the quality of the storm water leaving the site. Their emphasis was not on "product vs. product", but on "wetland impact vs. wetland impact"; 3) even if there is an environmental difference, they believe the difference is minor compared with the cost and the delay in the education component if they must now order and install the Vortechnics unit.

Attorney Hollister noted that Label #3 in the packet he submitted is a letter from Engineer Tom Harty (Nathan Jacobsen & Associates, Inc.) noting the Vortechnics unit, but Ray Gradwell's (Diversified Technology Consultants) response noted "the Vortechnics or equivalent". The plans submitted also said "Vortechnics or equivalent". Mr. Hollister said Mr. Harty did not tell them they could not use anything other than the Vortechnics.

Ray Gradwell, professional engineer and Project Manager from Diversified Technology Consultants, discussed the treatment train process provided to the stormwater on the school site. The keys to the performance of any gross particle separator are maintenance, inspection, and cleaning. He assured commission members that the maintenance schedule is noted on the plans and the district is committed to keeping the schedule. Mr. Gradwell noted that in his memo to Tom Harty, on the bidding procedure for a public project, one kind of unit cannot be specified so that improper bidding practices do not occur.

He said from a technical and environmental standpoint, as long as the goals of the project can be met, an alternative unit should be acceptable. He stated his belief that the Downstream Defender is much safer for the environment due to washout associated with other units. The Downstream Defender is accepted by the CT DOT, the CT DEP, Maine, New Jersey and Washington among others. He also said the CT Water Company reviewed and approved the plans submitted to them. Mr. Gradwell stated there is no measurable difference in the water quality leaving the site whether the Vortechnics or the Downstream Defender is used. When asked by Attorney Hollister if Mr. Gradwell thought Vortechnic meant a certain product or a type of gross particle separator, Mr. Gradwell thought it meant a generic term for a gross particle separator.

Phil Moreschi, Vice President of Fuss & O'Neill, Head of Water Resources, spoke about the environmental impact of the treatment train. He spoke about the primary versus the secondary practices of the treatment train. The gross particle separator is used as a secondary treatment. In his opinion, there would be no impact to the stormwater quality by substituting the Vortechnics unit with other products on the market. Mr. Moreschi also said no standard testing methodology is available to compare the different products - there is nothing available to compare "apples to apples". Commission member Mike Sanders questioned the removal efficiency rates. In the research he did, he found no consistent testing methodology.

Mr. Moreschi spoke on other items that Fuss & O'Neill was asked to comment on. He reported that engineers said the performance of the Downstream Defender used acceptable methodology. He went on to discuss the TARP testing protocol in New Jersey. Their conclusion was, based on the context of the use of the device, there would be no difference in the water leaving the site because it is functioning as a secondary treatment device.

David Lord, soil scientist and environmental scientist for Soil Resources Consultants, presented his opinion of the impact on the receiving wetlands if the Downstream Defender is used. Because of the level of protection provided to the wetlands after passing through the treatment train, and because the water passes through a large distance of vegetative area, he feels there will be no adverse impact to the wetland utilizing either the Vortechnics or Downstream Defender.

David Mongeau, Regional Sales Engineer for Hydro International of Portland, Maine, explained that the Downstream Defender has a separate storage facility for sediment to avoid wash-out conditions. Some simple devices, such as the Vortechnics unit, under higher flow conditions may wash out.

Jim Foote, professional engineer, Industrial Construction Company, said that having to install the Vortechnics instead of the Downstream Defender would have two major impacts: the cost would add thousands of dollars to the project due to the difference in price of the two units and because of the delay costs. He also said the Vortechnics unit would take 8-12 weeks before they arrive on site, thus delaying the opening date of the school.

Gary Mala, Superintendent of Schools, RSD #17, discussed the impact on the educational program. He said any construction delay could delay the opening of school from mid year 2007 to September 2007. Also impacted would be the physical education program if the gym is not ready on time, and the students' opportunities to access the updated technology would be postponed. The increased costs of operating the building would have to be absorbed by the communities in one fiscal year, rather than two.

Wade Thomas, professional engineer, Nathan Jacobson & Associates, said he has extensively researched Downstream Defender and the Vortechnics and has concluded that the Vortechnics is a superior unit. He reviewed the study being done in New Jersey and said very fine and uniform sand particles were used, which are not the same as road sand. Mr. Thomas said tests have been done on several different models of the unit. As to the possible delay in the construction of the school gym, he suggested that the pipes could be re-routed to not impact the gym. He recently contacted the Vortechnics company and was told that the units could be delivered in 4-6 weeks. Mr. Thomas believes that the Downstream Defender would not be as accessible for cleaning because of its depth. He commented that there is so much more third party material out there showing that the Vortechnics is the superior unit. He also noted that the information he had from the CT Dept. of Transportation says that if there is sufficient land area, the Vortechnics is the top choice and the Downstream Defender is second best.

Mr. Thomas informed the commission that the most prevalent soils on site are high in silt content. The Vortechnics unit is very good at removing that size particle. The Downstream Defender's removal efficiency equivalent is for more than twice that size particle. Mr. Thomas said the average erosion on a site is one ton per acre per year, therefore a very efficient treatment train dealing with silt particles is necessary. His research shows the Vortechnics is the top unit for that. It is his opinion that the intent of the commission was to specify the Vortechnics unit and the school is now in violation of their permit. Responding to a question form Attorney Hollister about the letter from Tom Harty that did not say anything about "Vortechnics or equivalent", Mr. Thomas said perhaps Mr. Harty was not aware of the specifics of the IWWC permit at that time.

Joseph Dillon, professional engineer, Nathan Jacobson & Associates, referred to the June 10th letter in which he commented on the comparison between the Vortechnics and the Downstream Defender. His answer, he explained, was based strictly on third party information available to him. The Downstream Defender data was based on the 4' diameter structures, but in his opinion, that size is not designed to handle what the school site is designed for. He based his findings on actual field tested data of the size required, and concluded that the Vortechnics is the better unit.

Phil Moreschi answered a question from a commission member about the two units, saying it depends on the context of how the unit is used. There may be differences between the two, but because it will be used as part of the treatment train, it won't make any difference.

John Himmelman said you can't count on the vegetation at the end of the treatment train. If there is a problem with the vegetation for some reason, that's "one less car on the treatment train" that is so close to the wetlands.

Wade Thomas responded to the fact that the New Jersey study is being lab tested, not field tested. He said the Downstream Defender had slightly greater removal of total suspended solids, but his concern is with pollution caused by the silts. Ten years down the road, the suspended solids won't matter, but building up of silt will be a cause for concern.

Cathie Jefferson, Wetlands Enforcement Officer, said the applicant was specifically asked to amend their submitted plans. She said during the initial presentation from the project engineer, before a permit was issued, the Commission was made to feel very comfortable with the presentation of the effectiveness of the Vortechnics unit on this project. In a conversation with Wendy Goodfriend, CT River Coastal Conservation District, Inc., Ms. Goodfriend suggested that if the Commission wanted the Vortechnics unit, it should be specified on the permit, otherwise another unit may be used. She also noted that in a recent letter from the CT Water Company, it was stated that the initial plans that included the Vortechnics unit were the ones that were approved. Mrs. Jefferson asked the commission members if there was enough information on the Downstream Defender to make the Commission feel comfortable with changing their permit.

Chairman Wayne Addy discussed information he had seen on the Hydro website that stated not all of the units were made in Maine. Mr. Mongeau said that was not their website. Mr. Addy questioned the effectiveness of the detention basin on effluent that may be more polluted than normal. He also questioned what impact an 8-12 week delay would have on the opening of the school. Jim Foote responded that the gym would not be ready but he thought the rest of the school should be able to operate on schedule.

A list of all of the communications submitted on the RSD #17 Intermediate/Middle School project was read into the record (see Communications #1-43).

Chairman Addy polled members that voted on the original permit in 2003 if they thought the Vortechnics that they specified in the permit was the name of a specific company that made that unit or just a type of gross particle separator. All five members said they voted on a specific company.

After a closing statement by Attorney Hollister, Chairman Addy closed this Cease & Desist hearing at 9:49 p.m. The Commission now has fifteen days to publish the decision. If the Commission votes to allow the Downstream Defender, plans will have to be submitted for modification.

Minutes: The minutes of the July 12, 2005 Regular Meeting were approved by a consensus
of the members.

Enforcement Officer's Report: Cathie Jefferson reported on the following:
• She talked with Engineer Howard Pfrommer about the proposed pond clean-out on the Rothenburg property on Chestnut Hill Road. A 256 acre watershed goes through the property so a DEP permit may be required.
• Michael Amato has not finished his project. No grading or seeding has been done.
• Representatives from the Hammonasset River Estates project will not attend tonight's meeting.

B. G., E., & D. Piroli application for Wetlands Review for re-subdivision - 171 Emanuel
Church Road
Members inspected the site on July 23rd. The subdivision will be discussed at the August 9th meeting.

C. Hammonasset River Estates, LLC application for a subdivision
A permit application has been submitted. Representatives for the project will present at the next regularly scheduled meeting.

D. Cease & Desist letter sent to Michael Fraser - 449 Route 148
Chairman Addy moved, seconded by R. Tanko, to add the Cease & Desist notice sent to Michael Fraser to the agenda. The motion carried. W. Addy moved, seconded by R. Tanko, to uphold the Cease and Desist order issued to Mr. Fraser because he has not submitted anything stating what he is going to do on the site. The motion carried.

NEW BUSINESS

A. H. Ty & Rebecca Wallace permit application for trenching along existing drive for utilities
77 Burr Hill Road
The application was not discussed at this meeting. It will be discussed at the August 9th meeting.

B. Communications
1. Presentation Outline: Regional School District No. 17 to Killingworth Inland Wetlands & Watercourses Commission - July 26, 2005
2. Presentation of Regional School District No. 17 to Killingworth Inland Wetlands & Watercourses Commission
3. Complete IWWC record of the Region #17 application submitted 8/12/03
4. IWWC Memorandum of Decision from 12/9/03 IWWC meeting
5. IWWC minutes dated July 22, 2003 through December 9, 2003
6. IWWC minutes dated April 26, 2005 through July 12, 2005
7. Industrial Construction memo dated 4/19/05
8. IWWC letter to Ray Gradwell from Wayne Addy dated 5/10/05
9. Letter from Ray Gradwell, Diversified Technology Consultants, dated 5/20/05 (page 2 incorrectly dated 5/22/05)
10. Letter from Ray Gradwell, Diversified Technology Consultants, dated 6/9/05, with attachments
11. Letter from Joseph Dillon, Town Engineer, dated 6/10/05
12. Letter from Ray Gradwell, Diversified Technology Consultants, dated 6/29/05
13. Memorandum from Attorney Tim Hollister, Shipman & Goodwin, dated 6/28/05
14. Copy of page 02700-6 Sewerage and Drainage of the November 3, 2003 New Intermediate/Middle School Project Manual
15. Copy of Regulations of Connecticut State Agencies Section 4a-52-1 to 4a-52-22 inclusive
16. Copy of Fed-Reg.Gov-Cont Far 6.302
17. Copy of Fed-Reg. Gov-Cont Far.302-1
18. Copy of Fed-Reg. Gov-Cont Far 6.303-2
19. Copy of University of Pittsburg Policy 05-02-17 Sole Source Justification
20. Copy of Cease & Desist from the Wetlands Enforcement Officer to Region #17, dated 7/15/05
21. Letter from Cindy Fazendiero of the CT Water Company dated 7/22/05
22. Letter from Wendy Goodfriend, CT River Coastal Conservation District, dated 7/21/05
23. Resume of Wade M. Thomas, Nathan Jacobson & Associates
24. Resume of Joseph Dillon, Nathan Jacobson & Associates
25. Collection of IWWC Commission and staff e-mails submitted to Attorney Tim Hollister under Freedom of Information
26. Collection of Region #17, Jeter, Cook & Jepson, Diversified Technology Consultants, and staff e-mails submitted to Killingworth IWWC under Freedom of Information
27. Jeter, Cook & Jepson New Intermediate/Middle School plans dated 11/3/03, revised to 5/27/04
The following (#28-43) is information & studies regarding hydrodynamic particle separators:
28. The Massachusetts Department of Conservation & Recreation Demonstration Grants 2002
29. U.S. Department of Transportation - Stormwater Best Management Practices in an Ultra-Urban Setting: Selection & Monitoring
30. General Use Level Designation for Pretreatment (TSS) Pilot Use Level Designation for Basic (TSS) and Oil Treatment for Hydro International's Downstream Defender
31. StormwaterAuthority.org - informational
32. Vortechnics - Testing Bulletin
33. CT Department of Environmental Protection - "Protection Final Report Stormwater Treatment Devices Section 319 Project" Project #99-07
34. NJCAT - Verification Process - Vortechnics, Inc.
35. NJCAT - Verification Process - Hydro International
36. Treatment Train - Vortex Enhanced Sedimentation - Vortechnics, Inc.
37. Treatment Train - Hydro International's Downstream Defender
38. Draft Version 4.2 "Generic Verification Protocol for Vortex Separation" dated July 21, 2000
39. Washington Post article "As Pressure Increases, So Do Ways to Curb Polluted Runoff" 40. "A Comprehensive Approach to Performance Verification for Stormwater Treatment Systems" Vaiko Allen, Vortechnics, Inc.
41. Technology Panel Conference Call dated 4/27/04
42. U.S. Silca Product data OK-110
43. Memorandum under cover letter, dated 7/25/05, from Gary Mala, Superintendent of Schools
44. Application to conduct a regulated activity - Hammonasset River Estates, LLC - Beckwith Road
45. List of abutters to Hammonasset River Estates
46. Section of site map showing location of vernal pool - Hammonasset River Estates
47. Map of Survey showing Property of Hammonasset River Estates, LLC as subdivided
48. Notice of Vote from July 12, 2005 IWWC meeting
49. Copy of Legal Notice as published in The Hartford Courant, 7/20/05, from 7/12/05 IWWC meeting
50. Application to conduct a regulated activity - H. Ty Wallace & Rebecca Wallace, 77 Burr Hill Road
51. Copy of site location of Wallace application
52. Affidavit of Publication from The Hartford Courant, July 20, 2005
53. Returned undelivered certified letter sent to Michael Fraser
54. Copy of memo to Gary Shettle from C. Jefferson, 7/19/05, re: Freedom of Information Act Request
55. Return receipt from certified mail sent to G. Shettle
56. Copy of Cease & Desist letter sent to G. Shettle, 7/15/05
57. Minutes of Water Pollution Control Authority Special Meeting - 7/13/05
58. Minutes of Board of Selectmen Special Meeting - 7/7/05
59. Notice of Vote from Board of Selectmen Special Meeting - 7/7/05
60. Minutes of Board of Selectmen Special Meeting - 7/18/05
61. Notice of Vote from Board of Selectmen meeting - 7/25/05
62. Copy of memo from R.E. Leighton, Code Official, to B. Klein, Chair, WPCA - 7/15/05
63. Copy of memo from R.E. Leighton, Code Official, to P&Z Commission, 7/23/05, re: Fire Protection Review - approval - The Cooking Company, LLC, 138 Rt. 81
64. Copy of memo from R.E. Leighton, Code Official, to P&Z Commission, 7/23/05, re: Fire Protection Review - approval - Killingworth Kid's Center Day Care
65. Copy of memo from R.E. Leighton, Code Official, to P&Z Commission, 7/23/05, re: Sanitarian's Review & Conditional Approval - Killingworth Kid's Center Day Care
66. Copy of memo from R.E. Leighton, Code Official to P&Z Commission, 7/23/05, re: Sanitarian's Review & Conditional Approval - The Cooking Company, LLC

C. Request for Review forms
No new Review forms were submitted.

Adjournment
The meeting adjourned at 10:00 to Thursday, July 28, 2005 at 6:00 p.m. at the Town Office Building to discuss one item - the Cease & Desist order issued to G. Shettle/RSD #17 Intermediate/Middle School.

TOP

Regular Meeting #05-13
July 12, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present: W. Addy, G. Rockwell, R. Tanko, J. Himmelman, M. Klein
Also present: Enforcement Officer C. Jefferson

Members absent: W. Velez, M. Sanders

Visitors: Roger Nemergut, Tom Dowling, Graham Curtis, Jim Foote, Shannon OCork,
Attorney Tim Hollister, Alexander Twarowski, M/M Michael Fraser, Michael Board

Minutes: The minutes of the June 28, 2005 Regular Meeting were approved by a consensus
of the members.

Enforcement Officer's Report: Cathie Jefferson reported the following:
1. Results of the pond water testing on the Dowler property at the Route 80/81 traffic circle have been received (see Old Business C.).
2. The Rothenburgs at 215 Chestnut Hill Road contacted her to discuss cleaning out their pond which has silted in. She told them a detailed drawing is necessary to show their proposed project. Chairman Addy said a sequence of construction should be requested from the property owner.
3. A list of building permits issued in June was distributed to members.

OLD BUSINESS

A. Hammonasset River Estates, LLC application for Wetlands Review for a 6 lot subdivision -
Abner Lane Road and Beckwith Road
A timber harvest was done on this property recently. A representative from the timber harvest company contacted Enforcement Officer C. Jefferson to request permission to remove the slash from the property. They have identified a vernal pool on the property and would like to know if it is permissable to remove the slash close to it. Members discussed the idea and agreed that they would have them only remove what they can from the road; they do not want any vehicles going off the road to gather the slash from the timber harvest project. All material left north and west of the vernal pool should remain on site. C. Jefferson will let the company know the commission's decision.

B. S. Anderson (owner), CT Shoreline Developers - Warren Schumack (applicant) review of proposed Route 81 subdivision
No new information was submitted.

C. D.P. Hilton Associates permit application for Lot 4 Town Center at Killingworth for driveway access for proposed commercial building & detention basin/biofilter - Route 80/81
Engineer Roger Nemergut submitted a revised plan and a list of cool season grass seed mix proposed for the swale on the property. This information has also been added to Sheet #2 of the plan. The plan is for the drainage way not to be mowed. Members reviewed the results of the recent water testing which was done on the pond on the property. Results were negative for any contamination of the pond. A motion was made by G. Rockwell and seconded by J. Himmelman to approve the plan with the usual stipulations as to performance and quality of workmanship for driveway access (including culvert and underground utilities) for proposed commercial building and detention basin/biofilter. The motion carried with four votes in favor.

D. RSD #17 Intermediate/Middle School committee request to replace Vortechnic unit with Down Stream Defender unit
Enforcement Officer Jefferson said she got a phone call on Friday of last week telling her that the contractor was instructed to put in the Down Stream Defender units. Cathie asked them not to install the units until after this meeting to see what the opinion of the commission was. Town Engineer Joseph Dillon was on vacation last week and is still on vacation this week. The members have not received any communication from him stating that he has reviewed information on the size of the Down Stream Defender that is proposed. Chairman Addy discussed with the Town Attorney the possibility that the units were going to be put in even though this commission has not approved those particular units for the school project. Attorney Howard said a Cease and Desist notice could be sent to the school district so that phase of the project could not continue until the commission approved what unit would be installed.

Attorney Tim Hollister represented RSD 17 at the meeting and questioned what the permit violation is that may lead to a Cease and Desist order being issued. Mr. Addy read the specific wording of the Memorandum of Decision which was issued in December, 2003, which stated that "plans must be revised to shift or add a Vortecnic to collect all storm water runoff that eventually will go to a detention basin". Mr. Addy said if another unit is being proposed, a written request and a revised set of plans should be submitted for the commission to review. Members want to hear from Town Engineer Dillon to get his opinion on the proposed unit to be installed. The letter that he submitted a few weeks ago was written after he had reviewed information on a different size unit. Members said that after all of the research they have done on the storm water units, there is no clear cut comparison of the units that would allow them to easily determine if the units are equivalent. There are many variables to be considered.

Attorney Hollister said he would confer with his clients and submit a letter stating that the Down Stream Defender would not be installed until after a meeting could be scheduled next week with Mr. Dillon, commission members, and other representatives of the various segments of the project. He said a Cease and Desist notice would be "a point of no return" that would waste time and energy for all involved. Members agreed that if a letter is submitted by Attorney Hollister on Thursday of this week, it will be reviewed by Town Attorney William Howard and made available for members to review, and if Mr. Howard approves the content and members agree, no Cease and Desist order will be sent. If the wording in the letter is not acceptable, or if a letter is not received by Friday morning, the Cease and Desist notice will be sent on Friday.

A motion was made by W. Addy, seconded by J. Himmelman, to issue a Cease and Desist order to Regional School District #17 directing them to cease all activities associated with the Vortechnic particle separator not consistent with permits presently granted; the Cease and Desist will not be issued before Friday, July 15, 2005, and is subject to revocation by Chairman Wayne Addy. The motion carried with four favorable votes and no votes in opposition.

E. Cease & Desist letter sent to Michael Fraser - 449 Route 148
Chairman Addy explained to Mr. Fraser that the clearing of rocks in his front yard, taking down part of the stonewall, and putting sand in the wetlands are all activities that are not allowed by this commission without a permit because of the proximity to the wetlands. He explained that a permit is needed from this commission for him to add to, or remove from, any wetlands. He is still under the Cease and Desist order until a permit is granted to him. Mr. Fraser asked who is responsible for cleaning out the storm drain in front of his house on Route 148. He said the water from that drain goes into the wetlands on his property and he has noted an oil slick on the water. Chairman Addy said because it is a state road, the state is responsible for cleaning out the storm drain. Mr. Fraser will contact the DEP to ask about cleaning it out.

F. G., E., & D. Piroli application for Wetlands Review for resubdivision - 171 Emanuel Church Road
Members will do a site inspection on Saturday, July 23rd at 8:30 a.m.

NEW BUSINESS

A. Communications
1. Site Plan & Erosion & Sediment Control Plan prepared for D.P. Hilton Associates, Lot 4, Town Center, Killingworth, CT
2. Recommended cool season grass seed mixes for proposed vegetated swales - D.P. Hilton project
3. Copy of memo to P&Z Commission, 6/28/05, re: Killingworth Kids Center Day Care
4. Copy of court decision concerning collateral attack on permit condition
5. Minutes of Board of Selectmen meeting, June 27, 2005
6. Minutes of Water Pollution Control Authority meeting, June 1, s005
7. Copy of letter from Denise Ruzicka, Director, Bureau of Water Management to Edgar T. Hurle, 6/27/05, re: Request for Authorization Under the General Permit for Utilities and Drainage
8. Clerk's hours sheet - June 2005
9. Invoice from Eastern Analytical Laboratory, Inc., 6/30/05, for water testing near Rt. 80/81 circle
10. Land Transfer Report - June 2005
11. Water testing results from Eastern Analytical Laboratory, Inc., 6/23/05, for Dowler property near Rt. 80/81 traffic circle
12. June 2005 building permits issued

B. Request for Review forms
A list of the building permits issued in June was distributed to members.

Adjournment
The meeting adjourned at 9:03 to July 23, 2005 at 8:30 a.m. at 171 Emanuel Church Rd.

TOP

Regular Meeting #05-11 June 14, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present : W. Addy, G. Rockwell, J. Himmelman, M. Klein, M. Sanders

Also present: Enforcement Officer C. Jefferson

Members absent: R. Tanko, W. Velez

Visitors: Michael Amato, Roger Nemergut, Kjell Tollefsen, Ray Gradwell, Andy Bellavacqua,

Walter & Dorothy Kowalski, Alexander Twarowski, Shannon Ocork

Ray Gradwell, project manager for Diversified Technology Consultants, and Andy Bellavacqua, discussed the specifics of the Downstream Defender. A letter from Joseph Dillon, engineer with Nathan Jacobson & Associates, denied the request to ubstitute the Downstream Defender unit. Chairman W. Addy has researched the stormwater treatment units. He said the size of the sand particles that will be used on the site, and the amount of storage capability are two key elements that need to be considered. He wants to make sure that Mr. Dillon has all of the available updated information to review. Discussion will continue at the next meeting.

Minutes: The minutes of the May 24, 2005 Regular Meeting were approved by a consensus

of the members.

Enforcement Officer's Report: Cathie Jefferson reported on the following:

OLD BUSINESS

A. Hammonasset River Estates, LLC application for Wetlands Review for a 6 lot subdivision -

Abner Lane Road and Beckwith Road

A site walk was conducted on Saturday, June 11 th. Members on the site walk discussed with the applicant the possibility of having the vernal pool on the property be part of the Open Space area.

B. S. Anderson (owner), CT Shoreline Developers - Warren Schumack (applicant) review of proposed Route 81 subdivision

No additional information was submitted. Cathie Jefferson told commission members that she heard that a different lot configuration was being considered.

C. D.P. Hilton Associates permit application for Lot 4 Town Center at Killingworth for driveway access for proposed commercial building & detention basin/biofilter - Route 80/81

Engineer Roger Nemergut submitted a revised plan for access to a commercial building on the corner of the property at the Route 80/81 traffic circle. The detention basin has been relocated to the corner of the property and is now outside of the regulated area. A catch basin is proposed on one of the existing 24" pipes that will discharge to the fire pond. Members are concerned about the quality of the pond that is on the property. Water testing of the pond will be done this week. Discussion will continue at the next meeting.

D. Notice of Violation (Cease & Desist) sent to Michael Amato for property on Parker Hill Road , Map 17, Lot 40G

Michael Amato submitted a proposal for an amendment to his existing permit for the driveway to the house on Parker Hill Road . Mr. Amato would like the commission to approve the change before he restores the location of the driveway as required in his Notice of Violation. Members agreed that the impact of the new proposal should be minimal. Mr. Amato said the work would be done within one month. W. Addy moved, seconded by J. Himmelman, to amend the existing permit for Lot #8 in the Heft Brook Subdivision, as shown on the plan "Proposed Driveway, Lot 8 Heft Brook Estates, Parker Hill Road , Killingworth , Connecticut , dated April 12, 2005 . The motion carried with four votes.

NEW BUSINESS

A. IWWC Regulations - proposed amendments

The Public Hearing on the proposed amendments to the existing regulations was held at 7:15 this evening. No information was presented either in favor of, or in opposition to, the amendments. G. Rockwell moved, seconded by M. Klein, to accept the proposed amendments as presented. The motion carried with four votes. The regulations will be in effect as of July 1, 2005 .

B. Communications

C. Request for Review forms

No new Request forms submitted

Adjournment

The meeting adjourned at 9:05 p.m.

TOP

Regular Meeting #05-10 May 24, 2005

The meeting was called to order at 7:30 p.m. by Vice-Chairman John Himmelman.

Members present : G. Rockwell, R. Tanko, J. Himmelman, M. Klein, W. Velez, M. Sanders

Also present: Enforcement Officer C. Jefferson

Members absent: W. Addy

Visitors: Michael Amato, Curt Weiss, Louis Annino, Sr., Alexander Twarowski,

Shannon OCork

Minutes: The minutes of the May 10, 2005 Regular Meeting were approved by a consensus

of the members.

Enforcement Officer's Report: Cathie Jefferson reported on the following:

OLD BUSINESS

A. Hammonasset River Estates, LLC application for Wetlands Review for a 6 lot subdivision - Abner Lane Road and Beckwith Road

Members will conduct a site walk on Saturday, June 11 th at 8:30 a.m.

B. S. Anderson (owner), CT Shoreline Developers - Warren Schumack (applicant) review of proposed Route 81 subdivision

No additional information was submitted.

C. I. Rust permit application for greenhouse installation - 223 River Road

Members reviewed the application for a greenhouse on piers at 223 River Road . W. Velez moved, seconded by M. Klein, to grant a permit to Irmgard Rust for a 10' x 10' greenhouse addition attached to the existing house, to be constructed on piers with access to the second floor only; the ground disturbance to consist of two 10' diameter footings, at 223 River Road. There was no discussion. The motion carried with no dissenting votes.

D. D.P. Hilton Associates permit application for Lot 4 Town Center at Killingworth for driveway access for proposed commercial building & detention basin/biofilter - Route 80/81

As a result of the site walk, Engineer Roger Nemergut will submit revised plans to the commission. Louis Annino, Sr. addressed the commission members as a citizen of Killingworth, not as a selectman. He spoke about the sewage problem that has occurred at the Killingworth Village and the major sewage facility that is being constructed at the new Intermediate/Middle School. He spoke about the fragile nature of the Route 80/81 Killingworth circle area. Mr. Annino said that the stream in back of the stores in that area had been filled in at sometime. He also noted that three of the four buildings in that row of stores just north of the traffic circle have had pollution problems. Mr. Annino asked that all of the boards and commissions in town "act in concert" to look at the new proposal very carefully, and perhaps start to say no to some projects.

Enforcement Officer C. Jefferson will contact Chairman Addy regarding water testing on the pond and the inflow on the property.

NEW BUSINESS

A. Notice of Violation (Cease & Desist) sent to Michael Amato for property on Parker Hill Road , Map 17, Lot 40G

Michael Amato attended the meeting after receiving a Cease and Desist letter for not having finished all of the activities that the commission requested. The driveway has not been moved back to the location approved by this commission, where it is to be graded and seeded. C. Jefferson said the driveway now that is being used by the builders is going through the wetlands on the lot. Members agreed that the Cease and Desist order is still in effect. The driveway must be graded and seeded. Mr. Amato said he will contact an engineer to get plans for his proposal for another driveway and present them to the commission when they are ready.

B. Communications

C. Request for Review forms

22 Clarkson Lane - new house

10 Clarkson Lane - new house

D. Other

Adjournment

The meeting adjourned at 8:07 p.m. until Saturday, June 11, 2005 at Abner Lane Road and Beckwith Road.

TOP

Regular Meeting #05-09 May 10, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present : W. Addy, G. Rockwell, J. Himmelman, M. Klein, M. Sanders

Also present: Enforcement Officer C. Jefferson

Members absent: R. Tanko, W. Velez

Visitors: Don Carlson, Rod Burgess, Roger Nemergut, Robert Dowler, M/M Francis Dooley,

Shannon OCork

Minutes: The minutes of the April 26, 2005 Regular Meeting were approved by a consensus

of the members.

Enforcement Officer's Report: Cathie Jefferson reported on the following:

OLD BUSINESS

A. Town of Killingworth (owner), Eric Auer, Agent (applicant) Request for Review for soccer and baseball fields with parking area and entrance - Route 81 (former Bosco property)

No additional information has been submitted.

B. Hammonasset River Estates, LLC application for Wetlands Review for a 6 lot subdivision Abner Lane Road and Beckwith Road

Members showed up on site on May 7 th for an inspection, but no one met them to explain the proposed subdivision. A new site walk date was set for June 11 th at 8:30 a.m. Cathie Jefferson will contact the owner or applicant to meet commission members on site.

C. S. Anderson (owner), CT Shoreline Developers - Warren Schumack (applicant) review of proposed Route 81 subdivision

A site walk was conducted on May 7 th. Members discussed the findings of the walk with Don Carlson. The proposal for the 22+ acres is for an eight lot subdivision with a private road. Members discussed their concern of having the road so close to the pond on the property. Mr. Carlson will submit a revised plan based on tonight's discussion. He will also talk with the owners of the cell tower located on the property.

D. G., E., & D. Piroli (owner), Scotland Hardwoods, c/o Rod Burgess permit application for logging operation - 171 Emmanuel Church Road

Rod Burgess discussed the proposed logging operation on the entire 15 acre parcel. Enforcement Officer Cathie Jefferson walked the property with Mr. Burgess. Portable bridges are proposed over the well-defined stream crossings. Mrs. Jefferson anticipates no problems with the project as proposed. W. Addy moved, seconded by J. Himmelman to grant a permit for a timber harvest with a stream crossing as identified in the attached drawings. The motion carried.

E. Inspection report of RSD #17 Intermediate/Middle School - Route 81

Chairman W. Addy will write an inspection report from the May 4 th site walk.

NEW BUSINESS

A. Welcome to new member Michael Sanders

Members welcomed Michael Sanders as the newest member of the commission.

B. Settlement agreement with Buttendorfs on the Cranberry Lane Subdivision

Chairman Addy read the agreement to commission members. W. Addy moved, seconded by G. Rockwell, that the Town Attorney be authorized to enter into a settlement agreement with Douglas Buttendorf and Irene Kearns Buttendorf as outlined in the Settlement Agreement (Docket No. CV 03-0100799-S), Douglas Buttendorf, et al vs. Killingworth Inland Wetlands and Watercourses Commission, dated May 5, 2005 ). The motion carried.

C. I. Rust permit application for greenhouse installation - 223 River Road

Curt Weiss, representing Irmgard Rust, explained to the commission that a 10x10 greenhouse is proposed to be attached to the existing house. It is proposed to be put on sonatubes. The ground disturbance will be for the piers only. Members expressed no concerns about the proposal.

D. D.P. Hilton Associates permit application for Lot 4 Town Center at Killingworth for driveway access for proposed commercial building & detention basin/biofilter - Route 80/81

Engineer Roger Nemergut discussed the plan for a commercial office building just north of the Route 80/81 traffic circle. Access to the building will be from Route 81. The parcel of land is located in both the residential and commercial zones. Parking and the septic system are proposed for the west side of the building. There are two 24" pipes now; the plan is to extend the pipes which will lead to a series of storm drains and a detention basin. Because of reports of coliform bacteria levels in the pond in the past, members will request information from the Water Pollution Control Authority. A site walk will be conducted on Tuesday, May 17 th at 6:30 p.m.

E. Communications

F. Request for Review forms

A list of reviews for April was distributed to members. No additional reviews were discussed.

Adjournment

The meeting adjourned at 8:42 p.m. until Tuesday, May 17 th at 6:30 p.m. at the D.P. Hilton Town Center property at the intersection of Routes 80 and 81.

Regular Meeting #05-08 April 26, 2005

The meeting was called to order at 7:30 p.m. by Chairman Wayne Addy.

Members present : W. Addy, G. Rockwell, J. Himmelman, R. Tanko

Also present: Enforcement Officer C. Jefferson

Members absent: M. Klein, W. Velez

Visitors: Don Carlson, Warren Schumack

Minu