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1995/05/02 Amended and Approved Minutes INLAND WETLANDS AND WATER COURSES COMMISSION The May 2, 1995 regular meeting of the Inland Wetlands and Water Courses Commission was called to order at 7:05pm in The Public Meeting Room, Town Hall, by Vice Chairman McCarthy. Present Commissioners Paul Argazzi, Robert Estabrook, Jr. , James McCarthy, Ralph Simeone, and Charles Warner, and Assistant Town Engineer James Horbal, Agent to the Commission. A motion to table acceptance of the minutes until later in the meeting was made by Commissioner Paul Argazzi and seconded by Commissioner Charles Warner. Audience of Citizens Barton Bovee, P.E. , MBA Engineering, requested that discussion of Wilbur Cross Highway be added to the agenda. A motion to add Lot 15 - Block F as Item 2f was made by Commissioner Warner and seconded by Commissioner Argazzi and carried unanimously. Peter Ledger,. Director of Parks and Recreation for the City of New Britain, requested that discussion of Hungerford Park Project Site be added to the agenda. A motion to add Hungerford Park Project Site as Item 2g was made by Commissioner Estabrook and seconded by Commissioner Simeone and carried unanimously. PUBLIC HEARINGS 1. Application 95-06W Proposal by the City of New Britain to establish a wetlands boundary on Lot 77, Block 23, Farmington Avenue/Pheasant Run. Mr. Ledger stated that on March 27, 1995 he visited the site with the Plaintiff 's attorney and Jeffrey Peterson, Soil Scientist at VHB, and that an additional area within the park site was deemed an intermittent water course and was flagged accordingly. Mr. Peterson noted that there was seepage located adjacent to a bridal path. The seepage is approximately 500 square feet in area with a substantial amount of clay content. The depth of the scoured area is approximately 3 - 4 inches. Cathy DeMarco, Wooster Street, New Britain questioned the commission as to whether or not there was any regulated activity within the wetlands. Chairman James McCarthy responded that the application on file states no activity at this time. Application to amend wetland boundaries and further discussion of this should be addressed after discussion of this evening. Ms. DeMarco further stated that she and the "Friends of Hungerford Park" were confused as to what this evening's meeting was in regards to. She also said that her attorney wrote a letter to the commission and it was never responded to in an appropriate manner. Based on these two statements, Ms. DeMarco requested that she be given a 30 day continuance due to these two factors. Ms. DeMarco provided a copy of the letter from her attorney's office, Robinson & Cole, to the commission. James McCarthy, Vice Chairman of the Commission, received the letter from Ms. DeMarco. Mr. Horbal stated to Ms. DeMarco that she had been in his office 2 times prior to this meeting and he explained to her what the application involved and what was being requested by the applicant. Mr. Horbal stated there seemed to be no confusion on her part at the time of her previous visits to his office. Vice Chairman McCarthy stated that this application is not to fill any wetlands and that type of activity would require separate application. Eric Hanson, Newton Street, Kensington proposed a question to the commission asking if the wetland boundaries was going to effect his backyard. Vice Chairman McCarthy responded that there would not be any effect. Mario Campagna, Newton Street, Kensington questioned if a previous application may be a future application and why was the commission so concerned about establishing wetland boundaries. Vice Chairman McCarthy replied that the meeting is not about these issues and to stick with the main issue at hand. Mr. Ledger replied to the public in general that if we let the commission do their job, the public will get a better understanding of what the commission is trying to accomplish at this meeting. Mr. Clyde Selner stated that there were no maps presented with this application. Vice Chairman McCarthy stated there were 3 maps that were submitted at the time of the application. Mr. Selner further stated that there was a seepage area and that water discharged from the ground is oxygenated. He also said that no one on the commission was a scientific expert. Mr. Bob Levitt, Stratford Road, New Britain stated that an area south of the proposed site contained skunk cabbage as well as sphagnum moss. Several photos of this area were taken. Mr. Levitt asked if live plants define intermittent wetland? Mr. Peterson replied that it is potentially possible. Ms. DeMarco asked if she can ask commission for technical assistance from the DEP, State of Connecticut? Vice Chairman McCarthy replied yes to Ms. DeMarco's inquiry. Mr. Argazzi would like to view specific sight south of the proposed area for live plants. Mr. Ledger brought this forward looking for boundary changes and would like to go forward with this application. Commissioner Argazzi suggested that all commission members walk the site prior to voting on the map change. Commissioner Simeone made a motion to close the public hearing at 8 :25pm for Application 95-06W and it was seconded by Commissioner Warner. All were in favor and carried unanimously. After a short break the meeting was resumed at 8:35pm. Mr. Simeone made a motion to accept Application 95-06W and Mr. Estabrook seconded that motion. Commissioner Argazzi - no; Commissioner Estabrook - yes, Vice Chairman McCarthy - yes; Commissioner Simeone yes; and Commissioner Warner - no. Motion approved. Vice Chairman McCarthy stated that future applications regarding area of new wetlands should be addressed through legal counsel. REGULAR MEETING 1. Application 95-08W Proposal by the Richard & Janice Cotrona to construct a residential dwelling and related appurtenances within a regulated area on Lot 1-K, Block 19, Park Drive. Bart Bovee, representing Richard and Janice Cotrona regarding the site on Lot 1-K, Block 19, Park Drive. Mr. Bovee asked that the site be walked by the commission members and himself at a future date. Commissioner Argazzi made a motion to table Application 95-08W to a special meeting on 5/18/95 at 6: 00pm at the project site. It was seconded by Chairman McCarthy. All in favor and carried forward. Commissioner Warner made a motion to move to Item 2g, the discussion of Hungerford to Item a. Commissioner Estabrook seconded this motion. All in favor. Unanimous. Mr. Ledger filed an official application of Hungerford Park with a map (with the right to make some engineering adjustments) of impact of change. Mr. Ledger also asked for a public hearing. Commissioner Argazzi was willing to listen to a public hearing. Vice Chairman McCarthy stated the same. Commissioner Simeone made a motion to accept the application for review and schedule a public hearing for the next meeting and it was seconded by Commissioner Argazzi. All in favor. Unanimous. OTHER BUSINESS TO COME BEFORE THE COMMISSION Item a.Application 93-04W - Request for transfer of permit A motion was made by Commissioner Warner to table the request for transfer and seconded by Commissioner Argazzi. All in favor and carried unanimously. b. #65 Saw Mill Drive - Release of site bond Mr. James Horbal stated that, as previously discussed, wetland vegetation was removed and a lawn established as well as advised property owner that the site did not meet the overall wetlands approval for the site. The area was still landscaped. Several members surveyed this parcel and nothing has been restored as of yet. Vice Chairman McCarthy made a motion to restore the site as originally discussed. James Horbal to consult counsel on this issue and to review original drawings or to work some type of litigations. It was seconded by Commissioner Argazzi and carried unanimously. c. Lot 108, Block 108, Wildemere Road - proposed three lot subdivision - discussion Mr. Bart Bovee to propose 3 building lots with one common driveway. He suggested that the commission take a look at this proposal. Vice Chairman McCarthy made a motion to add further discussion of Lot 10B, Block 108 to the special meeting on 5/18/95 at 6:00pm. Commissioner Simeone seconded the motion. All in favor and carried unanimously. d. Correspondence Mr. McCarthy read a letter from Mr. David Colburn dated 4/25/95 stating that he was giving his resignation. Various other correspondence was reviewed by the commission as well. Approval of Minutes The following changes were noted in the minutes of 3/7/95: Page 1 - last paragraph - should read lots 9-10, 9-11 Page 2 - last paragraph - should read 4/4/95 Last page - meeting was adjourned at 9:43pm. Commissioner Warner made a motion to accept the minutes as corrected of 3/7/95 and seconded by Commissioner Simeone. All in favor and unanimously carried. The following changes were noted in the minutes of 4/4/95; Page 2 - 2nd paragraph - Mr. Massirio should be replaced with Mr. Matulis Page 2 - 2nd paragraph and throughout the notes should read Mr. Ledger not Mr. Ledyard Vice Chairman McCarthy made a motion that the minutes of 4/4/95 as corrected be approved and it was seconded by Commissioner Simeone. Adjournment A motion was made by Vice Chairman James McCarthy to adjourn the meeting at 10: 09pm and seconded by Commissioner Charles Warner. All were in favor and carried unanimously. Respectively submitted, Tina M. DeGrandi Recording Secretary