COLCHESTER CONSERVATION COMMISSION
PUBLIC HEARING AND REGULAR MEETING
TUESDAY, APRIL 7TH, 2009
TOWN HALL, 127 NORWICH AVENUE
7:00 P.M.
Members Present: Chairman Gary Avery, Vice Chairman Falk vonPlachecki, Moe Epstein, Darrell York,
Mary Bylone, Sue Bruening
Members Absent: Kurt Frantzen, Andy George,
Others Present: Jay Gigliotti, Wetlands Enforcement Officer
1. Public Hearing
Chairman Avery opened the Public Hearing at 7:08 p.m.
A. W2009-2908, SSI Colchester LLC, 99 Linwood Ave., Assessor’s Map 11 Lot 26 & WB-ARC LLC, 160 South main Street, Assessor’s Map 12, Lot 32-1, Application to expand the existing building, construct a new free standing building and revise the stormwater drainage. (continued from 3.11.09)
David Sherwood, attorney representing the applicant, spoke of changes that have been made to the plan. Plan boundaries have been changed to match the zoning lines. An addition to Stop and Shop would most likely not be part of Stop and Shop. It would more likely be retail or a restaurant. They limited the commercial development to the commercially zoned area. Oversized basins installed when the site was originally developed can be used. There will be no activity on 160 Main Street. Breeds Tavern residents should not be able to see any of the new building.
Chairman Avery called for those who would like to speak in favor. No one wished to speak.
Chairman Avery called for those opposed who would like to speak. No one wished to speak.
F. vonPlachecki motioned to continue the public hearing for W2009-2908 until the next regular meeting on May 13, 2009, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED.
The public hearing was closed at 7:35 p.m.
2. Call Regular Meeting to Order: Chairman Avery called the regular meeting to order at 7:36 p.m.
3. Additions to Agenda: None
4. Approval of Minutes 3.11.09: F. vonPlachecki motioned to approve the minutes of the March 11, 2009 changing paragraph four under Public Hearing to read that the public hearing was continued and not closed, and item 7. B) DEP should be DOT, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED.
5. Public Comment: None
6. New Applications---- To be accepted
A. W2009-2911, Mark Fields, Assessor’s Map 2-8, Lot 21, 13 Lot residential Sub-Division, two large wetland crossings and proposed conservation easements. DRD 6.11.09
J. Gigliotti said that application fees have not been received. Mr. Fields said that the he has spoke with First Selectman Hodge and Town Planner Adam Turner about waiving the fees. The commission has not received anything from the Board of Selectmen on allowing such a waiver.
F. vonPlachecki motioned to not accept W2009-2911 due to an incomplete application, seconded by
S. Bruening. All members present voted in favor. MOTION CARRIED.
7. Pending applications------ To be discussed and possibly take action
A. W2009-2908, SSI Colchester LLC, 99 Linwood Ave., Assessor’s Map 11 Lot 26 & WB-ARC LLC, 160 South main Street, Assessor’s Map 12, Lot 32-1, Application to expand the existing building, construct a new free standing building and revise the stormwater drainage. DRD 4.17.09:
M. Epstein motioned to table W2009-2908, seconded by F. vonPlachecki. All members present voted in favor. MOTION CARRIED.
B. W2009-2909, Settlers Green LLC, 312 Lebanon Ave., Assessor’s Map 05-06 Lot 003-000, Development of Business Park parcel for mixed use including commercial and residential, 630 sq ft of direct wetland impact and lot clearing DRD 4.17.09:
John Matheson, Sandy Matheson, and Peter Carli, applicants were present but did not speak. Matthew Duvet of Malone and MacBroom and David Sherwood, applicants’ attorney spoke on behalf of the plan. Clarifications on the amount of the green space vs. impervious space calculations were made. The remaining green space is 60%. J. Gigliotti believes the application should be tabled until additional staff comments have been addressed. Significant changes might still need to be made that will affect the wetlands area. Mr. Sherwood said that if major changes need to be made that have an impact on wetlands the applicant will come back to the commission for additional approval. The commission has concerns that include the pond being close to living area and a wetlands area being deliberately
created but the commission not having a say in it if approved now. Mr. Sherwood responded again saying that if any major impact was made to the wetlands during changes to the plan the applicant would bring it back to the commission for approval. He would like a decision because he does not believe that staff changes will alter the wetlands portion of the plan. He would also like to move the application to Planning and Zoning for them to begin their review process.
F. vonPlachecki motioned to approve W2009-2909 with the stipulation that if there any changes made that have a major impact on the wetlands the plan will come back to the commission for review, there will be a maintenance schedule for the wetlands with the basin being checked by ZEO, seconded by M. Bylone. All members present voted in favor. MOTION CARRIED.
8. New Business---- To discuss and possibly take action
A. W2004-2794, Rodney Goldberg, Bull Hill Rd., Assessors Map 5-19 Lot 8, 12 Lot Residential Subdivision, Permit issued 3.10.04; Expired 3.10.09, requesting Renewal:
F. vonPlachecki motioned to deny extension for W2004-2794 based on regulation 7.1.1, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED.
9. Enforcement
A. Mr. & Mrs. Rioux, 215 & 219 Lakeview Dr.: Mr. Rioux and Jess McMinn were present representing the application. J. Gigliotti showed pictures of the current status of the property. Silt fencing is not installed correctly. There is concern that there are spots in the rock wall where dirt is getting through into the water. An application was finally received today but not until after noon time. The application was too late to be added to tonight’s agenda. Mr. Rioux claims that he gave the application to Adam Turner at 11:30 a.m., prior to the 12:00 p.m. deadline.
F. vonPlachecki told Mr. Rioux that he needs to install the silt fencing correctly, keep hay bails
fixed to wetland Enforcement Officer until the next meeting when the application can be placed
on the agenda and the plan reviewed.
10. Conservation: None
11. Correspondence
A. DEP Training Session I & II: There is still money in the budget for any commissioners that would like to attend the training.
B. Fees: Board of Selectmen has approved the increase in fees. They will now need to approved at a Town Meeting
C. Habit: No Habitat available at the meeting.
Adjournment: S. Bruening motioned to adjourn, seconded by M. Epstein. All members present voted in favor. MOTION CARRIED. Chairman Avery adjourned the meeting at 8:47 p.m.
Dawn LePage, Clerk
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