East Hampton Inland Wetlands & Watercourses Agency
Regular Meeting
May 28, 2008
East Hampton Middle School Commons
Minutes
1. Call to Order: Chairman Foran called the meeting to order at 6:32 p.m.
Present: Chairman Jeffry Foran, Vice-Chairman Joshua Wilson, Members David Boule, Alannah Coshow, Dean Kavalkovich (6:38 p.m.), Marc Lorah (6:36 p.m.), Peter Wall (6:40 p.m.), Alternate Members Maureen Heidtmann and Scott Hill~(6:33~p.m.) were present. The Town Attorney, Janet Brooks (7:02 p.m.); and Building Administrator, James Carey were also present.
Absent: All members were present.
2. Seating of Alternates: No Alternates were seated at this time.
3. Approval of Minutes: There were no minutes presented for approval at this time.
4. Agent Approval:
A. Application of Steve Nowakowski, 11 Tartia Road, for Activity in the Buffer/Setback Area for Residential Improvement by Homeowner. This application was approved by the duly authorized agent of the IWWA with the condition that appropriate erosion and sedimentation controls are in place and approved by town staff prior to commencement.
B. Application of Richard Farone, 19 O’Neil Lane, for Activity in the Buffer/Setback Area for Residential Improvement by Homeowner. This application was approved by the duly authorized agent of the IWWA with the conditions that all work be performed by hand tools and all appropriate erosion and sedimentation controls are in place and approved by town staff prior to commencement.
5. Communication, Enforcement, and Public Comment:
Communications: Mr. Carey reported that the Theater Square project has been reviewed by the town engineer, Bob Russo of CLA Engineering. He has provided a report for the agency, which Mr. Carey summarized. *Attachment 1*
Ms. Coshow moved that the letter dated May 27, 2008 from CLA Engineering contain appropriate remediation for the wetlands violation on this site and that the letter be transmitted to the owner of the property for completion as prescribed. Mr. Wilson seconded the motion. The motion carried unanimously.
Staff informed the Agency Members that publications and circulars would be forwarded to them by scanning and emailing in the future. A library will be created in the office were these publications will be available for all to view.
Enforcement: Vice-Chairman Wilson requested that Mr. Carey research the wetlands permit on the Theater Square project regarding the mitigation areas located in the northwest corner, filled in by area homeowners, and a drainage ditch overrun by invasive species.
Public Comments:
John Hines, 38 South Main Street, thanked the Commission for all the hard work they did on the phosphorous ordinance. He is sorry that it was shot down and hopes that those efforts have not ceased.
6. Reading of the Legal Notice: None.
7. Public Hearings:
A. Application of James Haydu, 15 Anderson Way, for Pond Dredging for Residential Improvement by Homeowner, M 5/B 2/L 7.
Mr. Carey summarized the status of the application. He reported that CLA has commented and the applicant has responded to those comments. These have been distributed to the members this evening. Mr. Carey summarized CLA’s comments.
Mr. Haydu was present and read his letter in response to CLA’s comments.
Mr. Carey explained that Mr. Russo has not had a chance to review Mr. Haydu’s response nor has he had a chance to speak to Mr. Snarski. It appears that there are still issues to be resolved and it would be up to the Agency to proceed or to refer it back to Mr. Russo for additional review and consultation with Mr. Snarski.
The Agency discussed the history of this application with the applicant. Ms. Coshow discussed a site walk and submitted some pictures that she had taken on the property. The Agency discussed their concern for the care that is being taken for the conservation area and the state forest. The Agency discussed their options for proceeding with this application.
Attorney Brooks explained that the only way for the Agency to require a landowner to restore a wetland is to order the restoration.
The Chairman opened the Public Hearing to those in attendance at this time.
Patience Anderson, 17 Anderson Way, questioned the cease & desist order that was served.
Mr. Carey explained what that means.
Ms. Anderson discussed Mr. Haydu’s behavior and actions in the past.
Sue Weintraub, 25 Knowles Road, is a member of the Town Council but is not speaking on behalf of the Town Council this evening. Ms. Weintraub discussed her concerns regarding the applicant’s inclination to attempt to change the position of CLA.
Mary Ann Dostaler, 56 William Drive, questioned what precedent would be set if the Agency allowed the pond to stay.
Paul Lazor, 40 Main Street, agreed with Ms. Dostaler.
Mr. Kavalkovich questioned Attorney Brooks about the manner in which the Agency could proceed. Attorney Brooks explained that provisions for issuing an order allows you to cease, desist, and restore an area. The original order didn’t include the restoration step in the order. One of the possible scenarios would be to deny the permit application and issue an order to restore. The process would then be started over again. A hearing would need to be held within 10 days of the issuance of the order. There is no need to hold another public hearing on a cease and desist order.
Mr. Carey encouraged the Agency to continue, as they always have in the past, and seek compliance and environmental quality rather than seeking punishment.
John Hines, 38 South Main Street, expressed that the Agency consider how this type of issue was resolved in the past.
Mr. Haydu agreed to an extension in time to allow for a resolution between the professionals.
Mr. Kavalkovich moved to continue the Public Hearing to the next regularly scheduled meeting in June. Ms. Coshow seconded the motion. The motion carried 6-1-0. (Yes votes: Boule, Coshow, Foran, Kavalkovich, Lorah, and Wilson. No votes: Wall. Abstentions: None).
8. New Application:
A. Application of James Marino, 9 Huckleberry Acres, for Activity in the Buffer/Setback Area for a New Residential Development for a Single Family Unit – M~6A/B~57/L~6B_5: Mr. Carey explained that Agency is in receipt of a letter from CLA Engineers indicating that there are three items remaining outstanding on this application.
Attorney Timothy Lee, 388 Orange Street, New Haven, was present on behalf of the applicant, James Marino. He reported on the status of the application and explained that the lot was created as part of a subdivision in 1959. He explained that although there is wetlands on the property, there is no direct impact on the wetlands. There is a report from the soil scientist which states that with the proper soil and erosion controls there will be no significant impact on the wetlands. Calculations have been submitted to CLA as part of this application which should address their concerns regarding the drainage as stated in the CLA letter dated May 27, 2008. Attorney Lee presented the site plan to the Agency.
Ms. Coshow moved to continue this application to the next regularly scheduled meeting in June. Mr. Wilson seconded the motion. The motion carried unanimously.
9. Continued Applications:
Mr. Hill recused himself from the meeting at this time.
A. Application of Pelletier Development Company, LLC, Belltown Place, 37 South Main Street, for activity in the buffer/setback area including filling, excavating, land clearing/grubbing, roadway construction, and drainage improvements to construct a new residential development for multi-family/condo – M 20/B 51/L 27.
Mr. Carey updated the Agency on the status of the application with both this Agency and the PZC. He explained that this meeting would be the last meeting at which the Agency could deliberate this matter. Mr. Carey read CLA’s letter of May 28, 2008 to the Agency. He also reiterated that the application before the Agency has no activity within the wetlands and no activities within the upland review area except for those activities relating to the water supply system that is planned. The applicant has asked for an exemption from the Agency’s regulation regulating the activities in the upland review area conducted by a water company. Mr. Carey reported that the applicant has requested the entire record of the IWWA be placed on the record of the PZC.
The Agency discussed the issues that must be addressed at this meeting. They must determine whether they accept the wetlands delineation as depicted, whether the applicant is a water company as stipulated by state statute, and whether they will issue a permit or not.
Ms. Coshow moved that the Agency approve the wetlands delineation as shown on the plan signed by a soil scientist. Mr. Wilson seconded the motion. The motion carried unanimously.
Mr. Kavalkovich moved that the Agency designate:
· That the activities for constructing this water system fall within the definition in the Connecticut General Statutes Section 16_1;
· That the facilities are necessary to the withdrawal, impound, and storage of water in connection with a public water supply; and
· That the use and operation are permitted, as of right, pursuant to East Hampton IWWA Regulations Section 4.1.e.
Mr. Wilson seconded the motion.
The Agency discussed the options available and determined that they were left no choice by virtue of the governing statutes. They discussed their concerns for the large loophole in the law regarding responsibly creating a public water system.
The Chairman called for the vote. The motion carried unanimously.
Mr. Lorah discussed his desire to have an avenue for making a protest vote.
The Agency discussed conditions to the permit that would be appropriate regarding the information that is available at this time.
Mr. Wilson moved to approve the application in accordance with the draft permit submitted by the applicant with the following amendments:
· Section C, Paragraph 10 be amended to read “… Agency Chairman”;
· Section C, Paragraph 19 be amended to read “… and/or organic …”;
· Section C, Paragraph 20, Sub-Paragraph a be amended to read … Independence Way”;
· Section C, Paragraph 28 be added and read, “The permittee shall show locations of temporary sediment basins during construction so that final sediment basins and water quality structures may be established without disruption”; and
· Section C, Paragraph 29 be added and read, “A bond in the amount as determined by town staff shall be filed with the Town for erosion and sediment control measures”.
Mr. Wall seconded the motion. The motion carried 6-0-1. (Yes votes: Boule, Coshow, Foran, Kavalkovich, Wall, and Wilson. No votes: None. Abstentions: Lorah).
The Chairman discussed his displeasure with the state laws that have tied the Agency’s hand in dealing with this application.
10. New Business:
Mr. Carey mentioned that new regulation Section 8.9 would be on the Agenda of the next regularly scheduled meeting to set a date for the public hearing.
He also discussed the HOMEConnecticut Program which was the topic of a presentation at recent special meeting of the landuse boards.
Mr. Kavalkovich requested to be kept apprised of the progress being made in regard to the fee in lieu of open space regulation or ordinance.
11. Old Business: None.
12. Adjournment: Mr. Wilson moved to adjourn the meeting. Ms. Coshow seconded the motion. The motion carried unanimously.
The meeting adjourned at 9:14 p.m.
Respectfully submitted,
Daphne C. Schaub
Recording Secretary
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