Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
February 9, 2009 – 7:30 PM
Meeting Minutes
Members Present:
Dave Schreiber, Co Chair
Frank Dirrigl
Roger Peloquin
Tess Gutowski
Leon Kouyoumjian
Members Absent:
Ken Metzler , Co - Chair
Greg Blessing, Alternate
Also present:
Susan Yorgensen, Wetlands Agent
Regular Meeting
D. Schreiber called the meeting to order at 7:34.
L. Kouyoumjian motioned to seat T. Gutowski. F. Dirrigl seconded the motion. All in favor.
Correspondence
1. Invasive Plant Workshop scheduled for March 5, 2009.
2. Document from State of Connecticut OPM regarding the STEAP Funding and the project at 511 River Road.
Minutes
T. Gutowski motioned to approve the minutes of January 26, 2009. R. Peloquin seconded the motion. All in favor. Motion carried.
Staff Report and Discussion
Draft Aquifer Regulations
T. Gutowski commented that she would like to change the wording on page 6 to “Aquifer shall be delineated”. Under the definitions on page 3, T. Gutowski would like to add and define the Inland, Wetland and Watercourse Commission. The commission agreed to both changes.
F. Dirrigl said he would like to change the format of the regulations by adding bullets or numbering to make it easier to read. D. Schreiber would like to see the regulations formatted and then the commission can review them and make sure everything is as it should be. A discussion was held on having staff format the regulations when time allows and then the commission will review and discuss them.
Draft Logging Regulations
T. Gutowski asked if they have 6 months time to decide if they want to adopt the regulations. S. Yorgensen suggested they leave it on the agenda for a month and decide what they want to do.
S. Yorgensen explained the Town of Kent’s procedures. She said they have 2 applications, 2 different fees and the applicant applies for both at the same time and it is handled at the same meeting.
S. Yorgensen commented that the statute says Inland Wetland, in certain towns, can regulate forestry. She said, if they choose not to take this on, the commission should write a letter to the DEP, Planning and Zoning, and the Board of Selectmen stating this. James Poole was present and said he has contacted the State Foresters. He feels this statute needs to get implemented or kill it. He said he would like the town to handle it in the right way or not at all. Mr. Poole said, according to the state foresters, the only thing not implemented is the On the Ground Practices. S. Yorgensen said that was not her understanding from the Land Use Attorny’s.
A discussion followed regarding jurisdiction.
D. Schreiber suggested they table this for the evening and let K. Metzler know they would like his input at the next meeting. T. Gutowski asked the commission members to read through the regulations and try to get an understanding of them. She said she would also like to know how adopting the regulations will affect staff.
F. Dirrigl said he felt they were missing items in Kent’s regulations. Mr. Poole said there are definitely some gaps. He told the commission if they take this on, he would be willing to go through the application process with them.
Draft Wetland Regulations
T. Gutowski said the terminology of “defray the costs” has been eliminated from the model fee schedule. She explained the fee schedule in the guidance document and compared various items to Willington’s existing fees from 1999. The commission agreed to use the model fee schedule wording and make adjustments as needed.
A discussion was held on residential uses and commercial uses. The commission agreed on the fees as follows.
a. Regulated Activities:
Residential Uses $150.00 plus $100.00/Lot
Plus fee from Schedule A
Commercial/Industrial Uses $750.00
Plus fee from Schedule A
T. Gutowski asked what All Other Uses are. S. Yorgensen said forestry. The fee agreed upon is as follows.
All Other Uses $150.00
Plus fee from Schedule A
The commission agreed to eliminate a fee for Approval by Duly Authorized Agent as the applicant always has to fill out an application.
A discussion was held on when activity is considered significant activity. T. Gutowski said the Significant Activity Fee and Public Hearing Fee should cover the publications and the experts. She would like to require the applicant to pay for the publications and the notices. R. Peloquin felt that would be an administrative nightmare. A discussion was held on the legal notices and the abutter’s notices. The fees were agreed upon as follows.
Appeal of Duly Authorized Agent Decision $100.00
Significant Activity Fee $250.00
Public Hearing Fee $500.00
Complex Application Fee …………………………….The Inland Wetlands Agency may charge an additional fee sufficient to cover the cost of reviewing and acting on complex applications. Such fee may include, but not be limited to, the cost of retaining experts to analyze, review, and report on issues requiring such experts. The Agency or the duly authorized agent shall estimate the complex application fee which shall be paid pursuant to section 19.1 of these regulations within 10 days of the applicant’s receipt or notice of such estimate. Any additional cost to the Town, not covered by the said complex application fee shall be paid by the applicant with 10 days of the applicants receipt or notice. Any portion of the complex application fee
in excess of the actual cost shall be refunded to the applicant no later than 45 days after publication of the agency’s decision.
b. Permited and Nonregulated Uses:
Permitted Uses as of Right $100.00
Nonregulated Uses $ 50.00
A discussion was held on the Regulation Amendment Petitions. S. Yorgensen said if someone petitions to change the regulations, they would have to hold a public hearing. A discussion was held. R. Peloquin said he did not feel they could charge an applicant for legal fees if they petition to change the regulations. A discussion was held. The commission agreed on the following fees.
c. Regulation Amendment Petitions $500.00
(Does not include Notices or Regulation Advisories from DEP)
d. Map Amendment Petitions $100.00
Plus Fee from Schedule B
e. Modification of Previous Approval – Residential $150.00
Plus fee from Schedule A
Renewal of Previous Approval to be 25% of Base Fee
Modification of Previous Approval – Commercial/Residential $375.00
Plus fee from Schedule A
f. Monitoring Compliance Fee - to be determined at the time of application
g. Activity Initiated Prior to Permit $250.00
h. Applicant shall pay all costs associated with mailings
i. These fees shall not include State DEP fees.
A discussion was held on Impact Fees. D. Schreiber said they want to deter people from working in the wetlands
Schedule A and B were agreed upon as follows.
Square Feet of Area
a. Less than 1,000 $ 100.00
b. 1,000 to 5,000……..”a” plus $ 500.00
c. More than 5,000…...”b”plus $1000.00
Linear Feet
a. Less than 500 $150.00
b. 500 to 1,000……….”a”plus $300.00
c. More than 1,000…..”b”plus $ $450.00
L. Kouyoumjian motioned to adjourn at 9:55. R. Peloquin seconded the motion. All in favor.
Respectfully Submitted,
Michele Manas
Recording Clerk
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