TOWN OF WOODBURY INLAND WETLANDS AND WATERCOURSES AGENCY

281 Main Street South Woodbury, Connecticut 06798-0369

(203)263-3467 — www.woodburyct.org

First land deed from the Indians April 12th 1659

MINUTES PUBLIC HEARINGS / REGULAR MEETING

INLAND WETLANDS AND WATERCOURSES AGENCY JANUARY 9, 2017

MEMBERS PRESENT: Mary Tyrrell Ernest Werner Marty Newell Susan Windesheim

MEMBER ABSENT: Charlie Lewis

ALTERNATES PRESENT: Don Richards Andrew Lampart Wes Clow

OTHERS PRESENT: First Selectman Butterly, Ron Wolff, Frank Stack, Franklin Pilicy, Steve Trinkaus, Michael Devino, Scott Atkin, Cynthia Rabinowitz, Michael Perkins, Kimberly Lesay, Alan Carpenter, Raymond Hardisty, Tom Mansfield, Ruth Melchiori, Karen Reddington-Hughes, Paul Rosa, Mitch Chester, a member of the press and approximately 20 members of the public.

a. Chair Tyrrell called this meeting of the Inland Wetlands and Watercourses Agency to order at 7:30 p.m. b. Mary Tyrrell seated Marty Newell, Ernest Werner, Susan Windesheim and herself. Clow was seated for Lewis.

Reference was made to the Connecticut General Statutes regarding conflict of interest and the Town Regulations. c. Election of Officers

Mary Tyrrell explained that the Nominating Committee is composed of this Agency's Alternates. Don Richards of the Nominating Committee looked for a motion.

MOTION: To maintain the current slate of officers going forward into 2017. Made by Clow, seconded by Lampart. Vote 5-0. Wes Clow, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

PUBLIC HEARINGS: (continued) 16-IW-1621 / 614 Main Street South / Sound Garrett Woodbury LLC / Construction of Proposed 9,334 S.F. Dollar General Store / Map 102 / Lot 025 Attorney Pilicy came forward and submitted a legal memorandum that he prepared in support of this application and read it for the record. He noted that the former landfill is not part of this application and will not be touched as part of this application. There is no foundation to be dug on this site. This is a retail project of modest scale.

Scott Atkin of Anchor Engineering Services came forward. He reported that he was hired to perform a Phase 1 Site Assessment for this proposal. He submitted a copy of this assessment for the record. He reported on their findings and noted that test pits were dug with regard to the findings of a previous landfill on the property. No buried waste was found, only sandy gravel. Anchor was later contacted to evaluate ground the water. He reported that he installed three monitoring wells and reviewed what the water was tested for. He submitted and reviewed the test results for the record. Marty Newell noted that she would like to have seen test done in the center area to see what was flowing into the Pomperaug River.

Mr. Atkin stated that he does not know if hazardous materials were dumped on the former dump site. Mr. Atkin described what the laboratory does as part of their quality control for testing. Mary Tyrrell reminded the group that Dick Leavenworth stated during a previous hearing that he had witnessed the dumping of possible hazardous waste on this site from manufacturers. Mr. Atkins noted that the former dump is not on the property Sound Garrett is applying to develop. Don Richards explained that the testing for surface water does not cover the potential for hazardous contaminants. Mr. Atkin

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explained that the focus of location of the test wells were in conjunction with the proposal's location. The results did not show break down chemicals to warrant further testing lower down.

Mary Tyrrell explained that the concern with the stream is with regard to the drainage and runoff from the site. Mr. Atkin explained that he does not suspect significant new sources of contamination due to the proposed development.

Attorney Pilicy reminded the group that the landfill is not a part of this application. There is no well or foundation excavation proposed in conjunction with this application. Attorney Pilicy explained that Gary Eucalitto has agreed to assist Mr. Hardisty with the paperwork to close out the landfill and he believes that Mr. Hardisty has accepted this offer, but this is separate from these proceedings.

Alan Carpenter of CP Design submitted the revised plans for the record. It was noted that Steve Trinkaus has not had the opportunity to review these revisions.

Kimberly Lesay of BL Companies came forward and submitted her resume for the record. She submitted a revision to the report previously submitted by BL Companies in November.

Alan Carpenter noted that the Town already has existing water quality issues. He reviewed the revised plans and the responses to Mr. Trinkaus' concerns. He discussed the parking plan, addressed the construction of the retaining wall located outside of the upland review area, and reviewed the revised drainage plan. A second application is under review with the Health Department with regard to the revised septic system proposal. Mr. Trinkaus' swale concerns have been addressed in the revised plan. He noted that this plan complies with DEEP and Town criteria.

Several alternatives were reviewed; however, it was found that there would be upland review impacts and stormwater management issues for any of the options. On any of the options the likeliness of impact on wetlands are minimal.

The IWWA made the request that any previous activity or enforcement on this property be made part of this file. The Agency asked that the limits of disturbance be addressed.

Ms. Lesay reviewed the revised wetland report done by BL Companies that included past wetland mapping. She noted that the site has been very disturbed and altered over the years. The areas that will be cleared within the site footprint were discussed. 87% of the disturbance in this proposal is in areas that have already been disturbed.

Marty Newell noted the possibility of a vernal pool in the area. Ms. Lesay reported that they were not contracted at the correct time to test for a vernal pool; however, the upland habitat is not one associated with a vernal pool.

Steve Trinkaus came forward and discussed the monitoring wells noting that there is not enough data to come to the conclusion of which way the water is going. He noted that infiltration basins are prone to failure when all the storm water is directed to it. Test wells should be done the depth of the infiltration system. Further analysis of the septic plan should be done. He discussed the site design with regard to parking and truck unloading. There is not enough data to know where the water is going. Mr. Trinkaus will supply a report upon his review of the revised plan.

Mr. Carpenter reported that data was considered to model the groundwater movement as noted in his report.

Marty Newell reminded the members that they have not yet walked the site. A site walk was scheduled for January 22nd at 9 a.m. It was noted that the applicant is responsible for flagging and staking the site and bringing maps to the site walk. Don Richards stated for the record that going to look at a piece of property that it snow covered does not give the Agency a good idea of the site as if it was clear of snow.

The floor was opened to the public: Tom Mansfield questioned the viability of going deeper with the test. Chairperson Tyrrell explained that they made that concern as an Agency, but it is up to the applicant as to whether they want to pursue it.

Karen Reddington-Hughes of 182 Sherman Hill Rd. questioned the previous mention of the capping of the site. Mary Tyrrell reminded her that Attorney Pilicy stated that the applicant will help with paperwork.

Paul Rosa questioned the size of site. The site is 5.86 acres and 2.37 acres to remain Mr. Hardisty's possession once divided. This will be a first cut lot line revision.

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Ruth Melchiori of Mountain Rd. noted that no one addressed that this is currently drought situation. Mr. Carpenter reported that the proposed system is designed to accommodate up to a 100 year, 24 hour storm.

Attorney Pilicy advised that the applicant consents to continue this public hearing until January 23rd. He will follow-up in writing to the LUO.

The Agency requested that Attorney Kaelin review Attorney Pilicy's legal memorandum.

16-IW-1622 / 641 Main Street South / 641 Main Street South LLC / Perform Grading, Construct Parking Area, Grass Swale & Infiltration Basin within Regulated Area / Map 102 / Lot 028 Ron Wolff and Michael Devino came forward. Michael Devino reported that they are returning 1.5 acres of the three acres that they purchased from the bank. This will result in a cleaner lot line. They have reduced the amount of parking spaces as well as the amount of retaining wall and hope to work out an agreement with the bank for employee parking in their lot.

Mary Tyrrell noted concerns with the yellow area on the map that is part of the old easement which will be lost as part of the new plan. Mr. Devino explained that a greater area will be conveyed in the form of an easement as mitigation for this matter. She explained that the former approval of the retail facility hinged upon this easement. Mr. Wolff explained that this area is imperative to traffic flow. Mr. Wolff reminded the group that the easement that the applicant is requesting relief on has never been officially filed.

The group discussed the limits of clearing. The paved area has been reduced by 56% in this new plan. It was noted that the new basin is located within the footprint of the existing basin.

The Agency scheduled a site walk for January 22, 2017 at 10 a.m.

The floor was opened to the public: Ray Hardisty questioned how they broke off the land from the bank noting that this an illegal cut. Mr. Wolff disagreed. Chairwoman Tyrrell explained that this is not within this Agency's purview.

Chairwoman Tyrrell reported that this proposal is still out for review. The public hearing will be continued.

PENDING APPLICATIONS: 16-IW-1619 / Peter Road / FS Holdings LLC / Install Driveway within a Regulated Area / Map 056 /Lot 028 Frank Stack came forward and noted that Sean Hayden submitted a letter regarding this application. Chairwoman Tyrrell explained that a letter from Mr. Hayden was not in the file. Mr. Stack reported that the letter was with regard to silt fence and Mr. Hayden found no reason why this should not be approved. The Agency recalled Mr. Hayden advising he would respond regarding concerns of runoff onto someone's property. Mr. Stack advised that this project will take no more than 10 days and this will be done during the dry season.

MOTION: WHEREAS, the Woodbury Inland Wetlands and Watercourses Agency has received an application, 16-IW-1619 submitted by Frank Stack to "Install a Driveway within a Regulated Area, Peter Road, Woodbury, Connecticut (Map 056 / Lot 028)

WHEREAS, the Agency has received the following material: a. An application dated August 25, 2016 b. Driveway Plan for Access to Assessors Lot 28 Dated April 22, 2015, Revised August 23, 2016, Revised September 22, 2016 c. A Review from Kathy Castagnetta, Town Planner Dated August 30, 2016 d. Revised drawings dated September 26, 2016 e. Review from Northwest Conservation District Dated October 11, 2016 f. Review from Land Tech Consultants dated August 24, 2006 g. Extension Request dated November 8, 2016 h. 16 Page Packet delivered by Mr. Stack received December 7, 2016 i. Engineering Report for Assessors Lot 28, Prepared for Liberty Investment Corporation Peter Road dated June 23, 2006, received from Mr. Stack on December 7, 2016

WHEREAS, the Agency classified the application as Summary; and

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WHEREAS, the Agency has carefully considered all the information submitted; and

WHEREAS, the Agency finds that the proposed activities will have minimal environmental impact on wetlands and watercourses, there are no significant offsite impacts, and that possible impact on wetlands and watercourses outside the area for which activities are proposed can be further mitigated by the conditions listed below and the proper use of soil erosion and sedimentation controls during construction;

NOW THEREFORE BE IT RESOLVED that the Woodbury Inland Wetlands and Watercourses Agency Approves the application submitted by Frank Stack

For "Installation of a driveway within a Regulated Area," Peter Road, Woodbury, Connecticut (Map 056/ Lot 028 ), as described on the submitted Inland Wetlands and Watercourses Agency application form dated August 25, 2016. Subject to the following conditions:

1. The applicant shall provide the Land Use Office with 48 hour notice prior to construction and shall not commence approved work until soil erosion and sedimentation control devices have been installed and inspected. 2. There shall be no burying of any tree stumps or tree materials including but not limited to branches, wood chips and the like. 3. The construction equipment shall not be washed out in the regulated area. Washout material shall be contained in a washout pit or equal containment system and hardened material removed from the site for disposal at an acceptable location elsewhere. 4. The site shall be kept clean of all loose debris, litter and similar materials to prevent such from entering wetlands or watercourses. 5. All paths used for site access will be reestablished to original condition. 6. Stockpiles of earth materials shall be stored outside the 100' regulated area. 7. Removal of silt fences shall take place only after the silt build-up along the fence line has been removed. This material shall be removed from the site or placed as acceptable fill in areas that will not allow the material to migrate. 8. The limits of disturbance shall be clearly marked before construction and the Land Use Office will be given notice 48 hours before construction begins. 9. Storage of any fuel/lubricants and the refueling/lubrication of any equipment are forbidden within 100 feet of the affected area(s). The Land Use Office is to be notified immediately of any spillage, discharge or loss of oil/petroleum/chemical liquids or solids which have occurred or will likely occur as a result of the activity. 10. Disturbed soils will be stabilized in a timely fashion to minimize erosion. Specifically, if grading operations at a site will be suspended for a period of thirty (30) days or more, the applicant will accomplish seeding or other appropriate measures to stabilize the area within seven (7) days. Also, upon completion of any grading activity, the applicant will seed/ stabilize the area(s) within seven (7) days. 11. A soil and erosion control bond of $1,000 shall be submitted to the Land Use Office prior to commencement of any work. This money will be refunded to the applicant once the Inland Wetlands & Watercourses Agency or Staff reviews the site for compliance with the approved plan. 12. All conditions & recommendations sited in Sean Hayden's e-mail/memo of 1/8/17 shall be incorporated into the design and approved by the IWA before the permit is given to the applicant. Made by Newell, seconded by Windesheim. Vote 5-0. Wes Clow, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

Wes Clow stepped down at 10:34 p.m. Don Richards was seated.

164W-1621 / 614 Main Street South / Sound Garrett Woodbury LLC / Construction of Proposed 9,334 S.F Dollar General Store / Map 102 / Lot 025 - tabled / public hearing continued.

16-IW-1622 / 641 Main Street South / 641 Main Street South LLC / Perform Grading, Construct Parking Area, Grass Swale & Infiltration Basin within Regulated Area / Map 102 / Lot 02- tabled / public hearing continued.

164W-1625 /21 Weekeepeemee Road / Peter Bernheim / Construction of Detached Carport & Detached Breezeway Between House & Carport Including Low 3' Retaining wall with Minor Grading / Map 039 / Lot 030

MOTION: To deny based on lack of information the application of 16-IW-1625 /21 Weekeepeemee Road / Peter Bernheim /Construction of Detached Carport & Detached Breezeway Between House & Carport Including Low 3' Retaining wall with Minor Grading / Map 039 / Lot 030

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Made by Newell, seconded by Richards. Vote 5-0. Don Richards, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

16-IW-1626 / 97 Sprain Brook Road / Mitchell Chester / Construction of a Garage within a Regulated Area / Map 054 / Lot 013D Mitch Chester came forward and advised that he chose location option #2 for this application.

MOTION: To classify as summary application 16-IW-1626 / 97 Sprain Brook Road / Mitchell Chester / Construction of a Garage within a Regulated Area / Map 054 / Lot 013D Made by Newell, seconded by Werner. Vote 5-0. Don Richards, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

MOTION: WHEREAS, the Woodbury Inland Wetlands and Watercourses Agency has received an application, 16-IW-1626 submitted by Mitchell & Deborah Chester to "Construct a Garage within a Regulated Area" 97 Sprain Brook Road, Woodbury, Connecticut (Map 054 / Lot 013D)

WHEREAS, the Agency has received the following material: a. An application dated November 7, 2016, Received November 9, 2016, and Revised December 27, 2016

WHEREAS, the Agency classified the application as Summary; and

WHEREAS, Staff conducted a site inspection on November 14, 2016

WHEREAS, the Agency has carefully considered all the information submitted; and

WHEREAS, the Agency finds that the proposed activities will have minimal environmental impact on wetlands and watercourses, there are no significant offsite impacts, and that possible impact on wetlands and watercourses outside the area for which activities are proposed can be further mitigated by the conditions listed below and the proper use of soil erosion and sedimentation controls during construction;

NOW THEREFORE BE IT RESOLVED that the Woodbury Inland Wetlands and Watercourses Agency Approves the application submitted by Mitchell & Deborah Chester

For "Construction of a Garage within a Regulated Area," 97 Sprain Brook Road, Woodbury, Connecticut (Map 054 / Lot 013D), as described on the submitted Inland Wetlands and Watercourses Agency application form dated November 7, 2016, received November 9, 2016 and revised December 27, 2016. Subject to the following conditions:

1. The applicant shall provide the Land Use Office with 48 hour notice prior to construction and shall not commence approved work until soil erosion and sedimentation control devices have been installed and inspected. 2. The construction equipment shall not be washed out in the regulated area. Washout material shall be contained in a washout pit or equal containment system and hardened material removed from the site for disposal at an acceptable location elsewhere. 3. The site shall be kept clean of all loose debris, litter and similar materials to prevent such from entering wetlands or watercourses. 4. All paths used for site access will be reestablished to original condition. 5. Stockpiles of earth materials shall be stored outside the 100' regulated area. 6. The limits of disturbance shall be clearly marked before construction and the Land Use Office will be given notice 48 hours before construction begins. 7. Storage of any fuel/lubricants and the refueling/lubrication of any equipment are forbidden within 100 feet of the affected area(s). The Land Use Office is to be notified immediately of any spillage, discharge or loss of oil/petroleum/chemical liquids or solids which have occurred or will likely occur as a result of the activity. Made by Richards, seconded by Newell. Vote 5-0. Don Richards, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

16-IW-1627 / Middle Quarter Road / Town of Woodbury / Middle Quarter Road Bridge Replacement Over South Brook / Map 102 (Right of Way Near Lots 40, 41, 48 & 49) - Sean Hayden to review. Should be receiving an extension

from the Town.

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16-IW-1628 / Lake Quassapaug Association / 120 West Lake Road / Installation of Floating Turbidity Boom Across Big Cove, Lake Quassapaug / Map 004 / Lot 009A - Sean Hayden has not yet reviewed.

MOTION: To classify as summary application 16-IW-1628 / Lake Quassapaug Association / 120 West Lake Road / Installation of Floating Turbidity Boom Across Big Cove, Lake Quassapaug / Map 004 / Lot 009A Made by Newell, seconded by Werner. Vote 5-0. Don Richards, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

MOTION: WHEREAS, the Woodbury Inland Wetlands and Watercourses Agency has received an application, 16-IW-1628 submitted by Lake Quassapaug Association, George Frantzis, President to "Install a Floating Turbidity Boom Across Big Cove/Lake Quassapaug" 120 West Lake Road, Woodbury, Connecticut (Map 004 / Lot 009A)

WHEREAS, the Agency has received the following material: a. An application dated November 22, 2016

WHEREAS, the Agency classified the application as Summary; and

WHEREAS, the Agency has carefully considered all the information submitted; and

WHEREAS, the Agency finds that the proposed activities will have minimal environmental impact on wetlands and watercourses, there are no significant offsite impacts, and that possible impact on wetlands and watercourses outside the area for which activities are proposed can be further mitigated by the conditions listed below and the proper use of soil erosion and sedimentation controls during construction;

NOW THEREFORE BE IT RESOLVED that the Woodbury Inland Wetlands and Watercourses Agency Approves the application submitted by Lake Quassapaug Association, George Frantzis, President

For "Installation of Floating Turbidity Boom Across Big Cove/Lake Quassapaug in a Regulated Area," 120 West Lake Road, Woodbury, Connecticut (Map 004 / Lot 009A), as described on the submitted Inland Wetlands and Watercourses Agency application form dated November 22, 2016. Subject to the following conditions:

1. The applicant shall provide the Land Use Office with 48 hour notice prior to construction and shall not commence approved work until soil erosion and sedimentation control devices have been installed and inspected. 2. The site shall be kept clean of all loose debris, litter and similar materials to prevent such from entering wetlands or watercourses. 3. All paths used for site access will be reestablished to original condition. 4. Stockpiles of removed materials and vegetation shall be stored outside the 100' regulated area. 5. Storage of any fuel/lubricants and the refueling/lubrication of any equipment are forbidden within 100 feet of the affected area(s). The Land Use Office is to be notified immediately of any spillage, discharge or loss of oil/petroleum/chemical liquids or solids which have occurred or will likely occur as a result of the activity. 6. All recommendations made by Sean Hayden shall be incorporated into the plan and approved by the IWWA before permit is given. Made by Newell, seconded by Richards. Vote 5-0. Don Richards, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

NEW APPLICATION: none

OTHER BUSINESS: Discussion Regarding Proposed Regulation Amendments - tabled

PRIVILEGE OF THE FLOOR: Karen Reddington-Hughes found it disconcerting that the Dollar General applicants are distancing themselves from the dump when initially they stated that they were going to cap the site. She also questioned whether it is common for polluted properties to be carved up in that manner.

CONSIDERATION OF MINUTES - 11/28/16, 11/14/16, 12/12/16 - tabled

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CLERK'S BILL MOTION: To approve clerk's bill. Made by Newell, seconded by Richards. Vote 5-0. Don Richards, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

CORRESPONDENCE: A planting list from Curt Smith for application 1620; however, this Agency has requested a planting plan.

UPDATE OF PLANNING & ZONING - N/A

Enforcement Report: 16-ENF-0007 / 125 Old Sherman Hill Road / Wendi & David Cordova / Notice of Violation / Installation of Shed & Chicken Coop within a Regulated Area (section 6.1) / Map 086 / Lot 032

16-ENF-0008 / 38 Sanford Road / Jared, Toni & Arline Wilkas / Cease & Desist / Filling or Altering of a Wetland, Watercourse or Regulated area with Wood Material Sec 4.3 / Map 021 / Lot 048

16-ENF-0020 / Saw Pit Hill Road / 48 North Forty Road LLC / Violation Clearing Trees & Regrading within a Wetlands Area and the Open Space Area of Deer Hill Woods Subdivision

16-ENF-0021 / Darren McGovern / 93 Weekeepeemee Road / Notice of Possible Violation / Excavating and Grading within a Regulated Area / Map 040 / Lot 048

Mary Tyrrell reported that on 44 Weekeepeemee Rd. a storage shed has appeared next to a wetland.

Adjournment MOTION: To adjourn the meeting at 11:00 p.m. Made by Newell, seconded by Werner. Vote 5-0. Don Richards, Susan Windesheim, Ernest Werner, Marty Newell and Mary Tyrrell in favor.

Filed subject to approval.

Respectfully Submitted, Tai Kern Tai Kern, Clerk

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RECEIVED & FRIO IN WOODBURY, CT

This II day ofjavt- 20L2 at_22L.o'cioc' A M

Town Clerk