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COLCHESTER CONSERVATION COMMISSION
SPECIAL MEETING – SHOW CAUSE HEARING
WEDNESDAY, JANUARY 21, 2009 – 4:30 P.M.
TOWN HALL
Minutes
Members Present: Chairman Gary Avery, Vice Chairman Falk vonPlachecki, Moe Epstein,
Andy George, Kurt Frantzen, Mary Bylone, Sue Bruening (4:36 p.m)
Members Absent: Darrell York
Others Present: John Malsbenden, BOS Liaison, Jay Gigliotti, Wetlands Enforcement Officer,
Craig Grimord, Zoning Enforcement Officer, Joanne Rioux, Wayne Rioux
1. Call Meeting to Order: Chairman Avery called the meeting to order at 4:31 p.m.
Chairman Avery noted for the record that the voting members would be himself, F. vonPlachecki,
M. Epstein, Mary Bylone
2. Show Cause Hearing: Cease and Desist Order issued 1/15/09 to Wayne and Joanne Rioux, Properties located at 215 & 219 Lakeview Drive, Assessor Map 13-4 Lots 11 & 12, owned by Wayne and Joanne Rioux, Excavation and Construction within URA of Pickerel Lake: J. Gigliotti explained that the properties in question were a septic rebuild. Pictures of the areas in question were shown. Staff comments included that there was a violation of Inland Wetlands Regulations, Sections 4.4, 6.1, 6.2, and 7.1 and Connecticut General Statutes 22a-32. (Sue Brueining arrived at this time. 4:36 p.m.) Staff is also concerned over where the original edge of the property was, how much fill was brought in, and where the product came from. The stone wall that was built by Mr. Rioux, Mr. Gigliotti believes protrudes into the water. Mr. Rioux said the stone wall along the lake edge that was shown in the pictures is even with the neighboring walls. He cleaned out about 40 yards of poison ivy, bushes, and
briars disturbing only a couple inches of soil. He put in a pipe to drain his basement. He was not aware that he was putting it in the wrong spot. Mrs. Rioux said that a tank that had been seen on the property and was removed was not from the excavation but had been on the property for quite some time. There was discussion on the distance of the house from the water edge which appears to be approximately 128 feet.
3. Discuss and Act Upon Cease & Correct Order - Wayne and Joanne Rioux, properties located at 219 and 215 Lakeview Drive: Members of the commission would like to view the property. They requested, for now, Mr. and Mrs. Rioux stake hay bails in the sand in front of the wall. Additional hay bails will be placed on the top area above the wall and staked. The commission would like to know where the fill was brought from and how much. A plan developed by an engineer will need to be submitted. An application and plan will also need to be filed with Planning and Zoning. The Cease and Desist order will stay in affect for 30 days until a plan from the engineer is filed.
4. Adjournment: F. vonPlachecki motioned to adjourn, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED. Chairman Avery adjourned the meeting at 5:22 p.m.
Dawn LePage, Clerk
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