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CITY OF
June 24, 2008
PRESENT: Seeley Hubbard (Chairman); Matthew Caputo;
Anne Cagnina; Andrew Kydes; Chris Handrinos (6:16)
STAFF: Alexis Cherichetti; Yari Bletsas
OTHERS:
CALL TO ORDER
Mr. Hubbard called the meeting to order at 6:15 pm.
ROLL CALL
Ms. Cherichetti took the roll call.
RECEIPT & DISCUSSION
a)
#S08-
Mr. Kydes recused himself from the
discussion.
Ms.
Cherichetti began the discussion by explaining the application and why it was a
Corrective Action. She stated that a Cease and Desist order was issued and
upheld on May 2, 2007. The applicant appealed the decision and then withdrew.
Now a permit application was filed as directed by the order.
The
applicant is seeking approval to clear cut an area in close proximity to
wetlands in order to allow for grazing of livestock. She said that the
applicant initially applied with a minor permit application and she returned a
letter to them stated that as the authorized agent for the Conservation
Commission, she was authorized to approve certain regulated activities after
finding that the conduct of such activity would
result in no greater than a minimal impact on any wetlands or
watercourses. She also added that she
was unable to make this finding and the proposed activity in the application
warranted an Intermediate Regulated Activity Permit application before the
Conservation Commission.
Mr.
Hubbard asked if this was the property with the clear cutting. Ms. Cherichetti confirmed it was and added
that at the time, the applicant believed that they were conducting an
“as-of-right” activity. She stated that although “as-of-right” activities are
exempt from the regulations, applicants still need to complete a Declaratory
Ruling Form to make the determination that an activity is in fact exempt.
Ms.
Cagnina believed that the Commission should request the assistance of Robert
Maslan, Corporation Counsel, on the matter before making any determination.
Ms. Cherichetti
agreed and said that she would seek Corporation Counsel’s guidance on the
matter and try to have Mr. Maslan present at the next meeting.
Ms. Cagnina
referred to the CT Department of Environmental Protection Municipal Wetland
Commissioners Training program, and stated that agricultural, in its broad
definition, was exempt for the Inland Wetland and Watercourse Regulations.
Mr. Caputo
inquired whether or not the Town of
Ms.
Cherichetti stated that she was not aware of any notifications to the
neighboring town. She also added that she would copy case law and the DEP
training documents Ms. Cagnina was referring to, for the Commissioners.
PERMIT MODIFICATION or EXTENSION
Mr. Kydes returned to the meeting.
a) #S07-269A – 20 Betmarlea Road –
McGettigan –
Modification of permit to not be required, as initially proposed, to remove
existing shed away from wetland and install buffer plantings.
Ms.
Cherichetti described the proposed modification. She stated that she had spoken
to the applicant, Ms. McGettigan, and she has requested to table further
discussion of the application till she returns from out of the country in July.
The
application was then tabled.
DISCUSSION &/or DECISION
a) #S08-320 – 7 Rising Road –
Krupa – Corrective
Action deposition of material, installation of on-site septic system, and
construction in and adjacent to a wetland and watercourse.
Ms.
Cherichetti explained that the applicant has yet to submit a survey of the
property to the Commission as instructed. She stated that the deadline for a
decision on the application will be at the July 10, 2008 meeting.
The
application was then tabled.
b)
#S07-309 – 469 Newtown Avenue –
Pugliese, Pugliese & Jackson – Construction of a new single family residence, with
associated on-site septic system, adjacent to a wetland and watercourse
Mr. Kydes and Mr. Caputo recused
themselves from the discussion.
There was
no quorum to continue discussion and the item was tabled to the next regular
meeting.
SHOW-CAUSE HEARING
Mr. Kydes and Mr. Caputo returned to
the meeting.
a)
#V08-809
– 139 Wolfpit Avenue – Legacy Development, LLC – Notice of Violation for failure to
maintain required sedimentation & erosion control measures in and adjacent
to a wetland.
Ms.
Cherichetti confirmed Conservation staff’s determination of compliance with
soil and erosion control measures and stated that applicant has placed a second
row of hay bales to aid in adequate erosion control.
*** MR.
HANDRINOS MADE A MOTION TO WITHDRAW THE CEASE AND DESIST ORDER.
** MR. KYDES SECONDED THE MOTION.
** MOTION PASSED UNANIMOUSLY.
MINUTES
a)
May
6, 2008 minutes
*** MR.
CAPUTO MADE A MOTION TO APPROVE THE MINUTES OF THE MAY 6, 2008 MEETING.
** MR. KYDES SECONDED THE MOTION.
** MOTION PASSED UNANIMOUSLY.
COASTAL AREA MANAGEMENT
APPLICATION REFERRAL
** MR.
CAPUTO MADE A MOTION TO AMEND THE AGENDA TO ADD THE REVIEW OF TWO CAM
APPLICATIONS REFERRED TO THE CONSERVATION COMMISSION FROM THE CITY OF
** MS. CAGNINA SECONDED THE MOTION.
** MOTION PASSED UNANIMOUSLY.
Ms.
Cherichetti explained that the Zoning Commission was interested in receiving
comments from the Conservation Commission regarding the
Ms. Cherichetti described the
existing and proposed conditions at
Mr.
Hubbard noted that the proposed wall did not appear to provide clear protective
service to the dwelling from any significant erosion. He noted that the wall did sound like it was
a new structure and that, as proposed, would not be consistent with the
established policies of the CAM Act.
Mr. Caputo
asked if the existing low timber wall could be repaired under the
Mr. Caputo
stated that he believed that properties within the
Mr.
Hubbard noted that it appeared that one of the principle objectives of the
application was the expansion of level lawn area, which is not a good enough
reason to perform the extensive work proposed.
He added that if erosion was such a concern, then repair of the existing
wall and the establishment of a vegetative buffer would have much less negative
impacts. Other members concurred.
Ms.
Cherichetti then described the existing and proposed conditions at
Mr. Caputo
noted that unless the applicant illustrates that the new wall/ flood &
erosion control structure is essential to the protection of the dwelling, the
newly constructed portions of the wall should be removed. He noted that it sounded as if the proposal
was somewhat similar to the previously discussed property and that it was also
not consistent with the policies of the CAM Act.
Ms.
Cherichetti read and illustrated portions of the
Ms.
Cagnina suggested that the newer square stones be removed and that land should
be restored to its pre-August 2007 state.
The
Commission requested that Ms. Cherichetti draft a response for them to adopt at
the next regular meeting.
COMMENTS OF STAFF
Ms.
Cherichetti explained that
Mr. Hubbard
stated that all septic systems with in the upland review area were required by
the Norwalk Inland Wetland and Watercourse regulations to be at minimum
Intermediate Activity Permit Applications.
Mr. Caputo
stated that the applicant at 3 Woods End hire a soil scientist to determine the
extent of wetlands on the property.
COMMENTS
OF COMMISSIONERS
a) Report of Commission Chair
Mr. Hubbard
spoke in regards to City of
Mr. Hubbard
also brought up the Dolce Property and if there was a recent application filed
with Planning and Zoning for a change in intensity of use. He added that there
are six acres on the property located near the Conservation easement on the
property.
ADJOURNMENT
*** MR. HANDRINOS MADE A MOTION TO ADJOURN
THE MEETING.
** MR. CAPUTO SECONDED THE MOTION.
** MOTION PASSED UNANIMOUSLY.
Meeting
adjourned at 7:36 pm
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