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Town of Goshen
Inland Wetlands Commission
MINUTES for December 4, 2008 @ 7:15 P.M.
Town Hall Conference Room, 42 North Street
- CALL TO ORDER Thomas Stansfield (Chairman), Allen Kinsella, Lorraine Lucas, Rick Wadhams. Excused Martin Bothroyd, Anthony Savarese, Ray Turri
Martin Connor, AICP Town Planner/Wetlands Enforcement Officer arrived at 8:25 PM
- PUBLIC HEARING: None
- READING OF THE MINUTES: The minutes were mailed out prior to the meeting for the Commission to review.
IN A MOTION made by Mr. Kinsella seconded by Ms. Lucas it was voted to approve the November 6, 2008 Regular Meeting Minutes. Vote Unanimous.
- Peter Herbst for Optiwind, Letter dated December 1, 2008 re: Permit granted to Construct Wind turbine to farm wind energy at 113 Brush Hill Rd. Mr. Herbst explained to the Commission that his client had received a permit from the Commission several months ago, but was denied a Special Exception permit from the Planning and Zoning Commission. Optiwind is currently re-applying to the Planning and Zoning Commission and wanted to clarify with the Inland Wetlands Commission that a letter from Martin Connor, AICP, Wetlands Agent, would meet the statutory requirements.
IN A MOTION made by Mr. Stansfield seconded by Mr. Wadhams it was voted that Optiwind, Wind Turbine to farm wind energy, 113 Brush Hill Road does not need to submit a new application based upon previous approvals and Mr. Connor, Inland Wetlands Agent, is authorized to write a report to the Planning and Zoning Commission. Vote Unanimous.
- Inland Wetland Violation, Gordon Geiger, 58 Tyler Lake Heights, barn addition & right of way improvements, no permits. Mr. Geiger was not present at this time. The Commission tabled the item until later in the agenda to give the applicant more time to appear. The applicant did not show up by the end of the meeting. Mr. Connor stated he called Mr. Geiger to remind him that an after the fact application needed to be submitted. Mr. Connor will issue a Cease and Desist Order.
- Torrington Country Club, 250 Torrington Road, Excavation and pond dredging in a regulated area. Ed Goodhouse, Golf Course Superintendent, was present to discuss plans with the Commission. In the past and currently the Torrington Country Club has received diversion permits from DEP to irrigate the Golf Course by Ivy Mountain Brook. Their existing permit will expire in 2010 and the DEP has suggested they look for an alternate source of water because they are having a negative impact on the fish population. They have worked close with DEP to come up with a plan to drill 3 wells, which is already done, and use 2 ponds located on the southern portion of the lot as a reservoir. The 2 ponds would need to be enlarged, deepened and dredged to remove silt. They have performed a 6 day
continuous pump test to monitor the impact on neighbors wells. The only well that was impacted was the Mazarelli’s well, their engineer’s report states that the impact was not significant. Even if DEP denies the water diversion permit the work they are proposing to do on the ponds will still be useful.
Mr. Goodhouse stated that they will be stockpiling the material taken out of the ponds on a portion of the 5 Acres they own that was previously Kelly Farm and the material will be used over time on the Golf Course. The wetlands on that portion of the lot is not flagged. They have a proposed wetlands crossing, but they have changed their plans and will not be constructing it.
The Commission does not feel at this time that there is significant activity but would like additional information to better make that determination. The Commission would like a Detail of Construction sequence and would like to know the impact this activity would have on the water company, the route of hauling, where the material will be deposited, how they will protect the swamp and wetlands down stream, how close they are coming to other wetlands (besides the ponds) and what E&S Controls will be used.
IN A MOTION made by Mr. Stansfield seconded by Mr. Kinsella it was voted to ACCEPT the application for Torrington Country Club, 250 Torrington Road, excavation and pond dredging in a regulated area. Vote Unanimous
- Michael Weik, 10 Turkey Hollow Road, place fill for equipment storage in a regulated area. Mr. Weik was present to discuss the plans with the application. Mr. Weik explained that in 1990 he had come before the Commission and received a permit for moving the drainage, which has been completed for years and is stabilized, and to place fill in a designated area. Mr. Weik brought in his plan from 1990 to show the designated area. Mr. Weik said that the area he has designated to place fill is not near any wetlands. He is only filing in the area which he has received a permit for and hasn’t completed ½ of the work his permit was for. Mr. Weik also explained that the wetlands on his property was a brook and some wetlands but he is much further than 75 feet away from any wetlands.
He does not feel that he needs a permit because he is not working in the regulated area and his business is being held up until this is resolved.
The Commission read the section of Mr. Connor’s report that pertains to Mr. Weik’s application. Mr. Stansfield stated that he could talk to Mr. Connor tomorrow and they can do a site visit to see what is going on. Mr. Stansfield explained that if they don’t accept the application tonight or if they dismiss the application and there are wetlands on the property then that would delay Mr. Weiks an additional month.
Mr. Kinsella stated that he would take Mr. Weiks word that there are no wetlands within 75 feet of the disturbed area and that if he already received a permit and is not expanding on the permit given then he should not be required to get another permit
Ms. Lucas stated that if Mr. Connor felt something was going on then the commission should accept the application and wait until Mr. Connor is present to explain what he felt was going on.
Mr. Stansfield stated that if Mr. Weik is re-grading what is already existing and is not doing work with in 75 feet of the wetlands, as he has stated, then it may be considered an as of right use under section 4.1d of the regulations. Mr. Stansfield also stated that he would like to go out on the property and see if there were any wetlands and that if the Commission talks with Mr. Connor or realizes that the scope of he work exceeds what was described or permitted then he would have to come in for another permit which will take additional time.
IN A MOTION made by Mr. Stansfield seconded by Mr. Kinsella it was voted to declare this application, per section 4.1d of the Inland Wetlands Regulations, to be an as of right use, residential maintenance, based on the testimony given. Mr. Stansfield, Mr. Kinsella, and Mr. Wadhams in favor. Ms. Lucas Opposed. Vote Carries.
- David and Tricia Poirer, 107 Sherbrook Drive, excavate drainage ditch. Mr. Poirer was present to discuss plans with the Commission. The existing footing drain has been cleaned out, but now there is no place for he water to go. The applicant would like to dig a path so the water can flow to the swale by the road. The applicant would also like to put in a curtain drain and outlet.
IN A MOTION made by Mr. Kinsella seconded by Ms. Lucas it was voted to ACCEPT the application for David and Tricia Poirer, 107 Sherbrook Drive, Excavate drainage ditch. Vote Unanimous.
- William G. Colby, P.E. for Howard Pease, 399 Milton Road, shoreline stabilization. Mr. Colby was present to discuss plans with the Commission. Mr. Connor stated that there are two situations pertaining to this address. One is the shoreline stabilization application and the other is an enforcement action for stairs and deck built without permits.
Shoreline stabilization – Mr. Colby explained that he had brought the application in to be submitted last month, but the application was in the Selectman’s office not received in the land use office therefore, the Commission didn’t get a chance to see it. Mr. Colby will access the site from the lake, he may come down West Shore Drive or from the Roraback’s accessway. He will only need a backhoe and no additional rocks will be needed. He will also need to get Woodridge Lake Property Owners Association permission.
IN A MOTION made by Mr. Stansfield seconded by Mr. Wadhams it was voted to allow Mr. Connor to do an agent determination for shoreline stabilization only, due to the fact that the application was misplaced and was not received at the November meeting provided approval from Woodridge Lake Property Owners Association is obtained. Vote Unanimous.
Enforcement Action, Stairs and Deck platform without permits - Mr. Colby stated that Dr. Pease wants to resolve the enforcement issue. The lot is a very steep lot and he wanted access to the water. There are some zoning issues that he is trying to overcome. Dr. Pease may need additional time to come up with a plan. The Commission informed him that as long as Dr. Pease was actively working on a solution they would be willing to work with him. If he needs an extension of time it should be requested in writing.
- Proposed amendments to Inland Wetlands Regulations, add new Sections 7.11, 10.8 & 10.9 to bring Regulations into conformance with Public Act 05-124. Set public hearing date. Mr. Connor Stated the amendments would bring the regulations into compliance with Public Act 05-124
IN A MOTION made by Mr. Stansfield seconded by Mr. Kinsella it was voted to accept the application for proposed amendments to Inland Wetlands Regulations, add new Sections 7.11, 10.8 & 10.9 to bring Regulations into conformance with Public Act 05-124 and set a public hearing for February 5, 2009. Vote unanimous
- INLAND WETLAND’S OFFICER REPORT – The Commission inquired about Mr. Weik’s application. Mr. Connor stated that he had received a written complaint and when he went out to do an inspection he noticed what appears to be wetlands all around the fill area. He also said that the regulations state a permit will expire in five years. He explained that after the permit has expired, even if work is not complete, the permit is no longer valid and the applicant must re- apply for a new permit. Mr. Connor also stated that this area of the lot is not being used for residential purposes but for commercial use. The Commission members will drive by and take a look at the property before the next meeting.
- CORRESPONDENCE – Directory of Soil Scientist of Southern New England
- ADJOURNMENT
IN A MOTION made by Mr. Wadhams it was voted to adjourn the meeting at 9:11 PM
Respectfully Submitted
Rista Holda
Land Use Commission Clerk
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