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IWA/CC 11-20-02

MEMBERS PRESENT:        Chairperson Betty Warren, Audrey Delnicki, Carol Heffler, Barbara Kelly, Richard Muller and Audrey Wasik

ALTERNATES PRESENT:     Donald Gates sitting for Philip Forzley

STAFF PRESENT:  Jeffrey H. Folger, Environmental
Planner/Conservation Officer
Debbie Reid, Recording Secretary

ITEM:  Correspondence and Reports

The Habitat had an article by Mike Ziska.  All members should have received a copy of the article.

The 2003 meeting schedule was approved by general consensus of the Commission (Attachment A).

Chairperson Warren informed Commission members that she appeared at the last Town Council meeting to address the memo she had written regarding honoring the late Sherwood Waldron.  The Town Council has formed a sub-committee made up of Councilor Pelkey, Delnicki, Havens and Streeter.  The sub-committee will discuss the options available for honoring Mr. Waldron and will report their findings back to the Council by mid December.

The Commission has been invited to Stop & Shop pre-opening.  It is being held on December 4, 2002 from 6:00 p.m. to 8:00 p.m.

The IWA/CC Christmas party is set for Wednesday, December 11, 2002 at Calamari’s.  The party will begin at 6:00 p.m.

ITEM:  Minutes

The minutes of September 18, 2002, October 2, 2002 and October 16, 2002 were all approved by general consensus.

ITEM:  Conservation Commission

Jeff stated that the management plan would be presented to IWA/CC in January.

The wildlife viewing blind has been installed at the Podunk Park.  A scout will be working on a handicap ramp.

Public Works has erected signs at the Wildlife Sanctuary informing visitors that motorized vehicles are not allowed in this area.

A scout will be doing a project at the Podunk Park property.  He is proposing to create an Indian Encampment.  Signage will be erected throughout the trail system explaining the different types of structures that would be there and what the structures would be used for.

Mr. DeMallie told Commission members that he had attended the Connecticut Association Conservation Inland Wetland Commission seminar.  Mr. DeMallie said that he discussed the fish ladder that was proposed at the Mill on the River with Mr. Skip Hilliker.  Mr. DeMallie explained that the idea was abandoned because it was found that downstream there were a lot of dams, which impeded the migration of fish.  Mr. Hilliker, who is a Beaver Consultant, explained a technique he has seen used.  Mr. DeMallie gave a brochure and business card to Jeff.

ITEM:  Wetland Officers Report

Any Commission member that would like to do a site walk on the Evergreen Walk property should call Jeff to set up a date.

ITEM:  Public Hearing

Appl. #02-59P – Expo Design Center

Chairperson Warren stated that there had been an error on the legal notice and therefore this application will not be opened or discussed until the next scheduled meeting.

ITEM:  New Business

Pre-application discussion on Stonecrest Builders – Bancroft Lane (Gorsky Subdivision)

Jeff gave the Commission an overview of events that have happened with this subdivision.  He informed them that when the Gorski subdivision was originally approved, the maps used during the process did not reflect the wetlands that are on the property.  This creates questions on whether these lots are legitimate.  An application came in for lot #2 and was handled with a minimal impact application.  Design Professionals is here tonight to discuss the remaining lots.  They have located all of the wetlands, would like to show historical property


boundaries as they were in the original subdivision and would like to present proposed houses as they may appear on these lots.

Mr. Peter DeMallie came before the Commission to discuss this subdivision.  He explained that Hai & Linh Dang are the owners of lots 3 through 6, but Alexander Gorski had developed this subdivision.  When the subdivision went through the approval process, there were no wetlands indicated on the plans, but there are clearly wetlands on the property.  John Ianni has flagged the wetlands which are located on lot #3, slightly going over the line onto lot #4 and a fair amount on lot #6 going over the line onto lot #5.  A vernal pool has been associated with the wetlands on lot #5 and 6.  Because of the amount of wetlands, the owners have indicated that they would not build on lot #3 in exchange for still being able to construct homes on lots #4, 5 and 6.

Mr. DeMallie gave an overview of the lots:

Lot #4 – Readily developable.  The only problem is it is in close proximity to wetlands, but there is still plenty of room for a yard.

Lot #5 – There would be a conservation easement over the wetlands on this property and it is felt that a house could be easily constructed and still have a yard.

Lot #6 – If the applicant were able to develop on this lot, there would be an encroachment of about 450 square feet into the wetlands.

Chairperson Warren questioned whether the owner has considered going to the Zoning Board of Appeals to request a variance in order to move the house closer to the street.  Mr. DeMallie stated that could be a possibility.

Answering questions from the Commission, Mr. DeMallie explained that the house could be moved 5 to 10 feet closer to the street because you do not want the house to be out of character from the rest of the houses on the street.

Chairperson Warren then asked if the applicant had considered combining lots 5 and 6.  Mr. DeMallie stated that there are two problems with that suggestion.  There are buyers on lots 5 and 6 and the other problem is economics.  They are already losing lot sales and revenue from one lot.  Losing that for two lots would be significant.


Commissioner Heffler stated that she likes the proposal and a variance on lot #6 would be fine, but certainly would look at the proposal as it is.  Commissioner Heffler also said that the owner giving up lot #3 shows other interests other than selling.

Commissioner Wasik felt that this is an unfortunate predicament and she is willing to consider a proposal as Mr. DeMallie described.

Commissioner Kelly stated that if there are wetlands filling proposed, the Commission would be looking for some type of mitigation.

Chairperson Warren said her concern is that the interested buyers in these lots are aware of a limitations that these parcels may have.

Mr. Hai Dang came before the Commission.  He told the Commission that they inform all prospects.

A prospective buyer for lot #6 stated he is getting a lot of information tonight that he was not aware of even though he has a contract.  He was under the impression that the wetlands were in the rear of the property.

Answering further questions from the Commission, Mr. DeMallie explained that the wetlands are isolated pockets that have no where to go.

Jeff stated that depending on how close the clay layer comes to the surface, water will either pool or sit in there and subsurface.  Jeff also felt that there is an opportunity to mitigate especially in the wetland near lot #3.  There is value of having the rear properties left wooded.  Any animals using the vernal pool will have some wooded areas.

ITEM:  Old Business

Fine Ordinance

Jeff told Commission members that Attorney Guliano has received a draft copy of the ordinance and he would be at the next meeting.


Vintage Hills II

Jeff explained that this is a two-lot subdivision with no wetlands on the property.  An application was received as a conservation plan, but there are no proposed roads, no sewers and no real infrastructures.  Since there are no wetlands this Commission will not need to hear this application.

ITEM:  Applications Received

02-67P – Church Wood Estates

This is a two-lot subdivision on Pleasant Valley Road.  There is proposed activity within the upland review area, but no direct wetland impacts.  Jeff stated he does not feel a public hearing is necessary.

Chairperson Warren told Commission members that Pavilion at Buckland Hills has filed for intervenor status.  Commissioner Heffler felt that Attorney Guliano should have an opinion on whether or not Pavilion at Buckland Hills qualifies for intervenor status.

ITEM:  Adjournment

Motion to       adjourn the meeting at 7:20 p.m.

Was made by Commissioner Phillips
Seconded by Commissioner Kelly
The motion:  carried
The vote was as follows: unanimous

Respectfully submitted


________________________________                ________________________
Deborah W. Reid, Recording Secretary                  Date Approved