MIDDLEFIELD INLAND WETLANDS
and
WATERCOURSES AGENCY
405 Main Street
Middlefield, Connecticut 06455
Minutes of the January 15, 2014 Meeting
Darin Overton, Chairman, called the meeting to order at 7:08 pm.
Attendance:
Members Alternates
X / Angiletta, Irene / X / Dilauro, RichardX / Bernotas, Randy / X / Li, Linda
X / Brown, James
A / Charles, Douglas
X / Overton, Darin / Others
A / Poturnicki, Rob / X / Vito, Lee
A / VanderVeer, Daria
A=Absent
X=Present
Both Linda Li and Rich Dilauro were seated on the Commission.
Amendments to and Approval of the Agenda
Darin Overton proposed adding two items to the agenda. One was the Lake Beseck Stormwater Outfall Maintenance project for a determination of matter-of-right activity. The second item was for the Fire Department Installation of a Dry Hydrant at the Scope Shop pond on Baileyville Road for a determination of matter-of-right activity. Mr. Overton proposed these items as numbers 8 and 9 on the agenda. Randy Bernotas made a motion, seconded by Douglas Brown, to amend the agenda as noted. Motion was passed unanimously.
Public Session
There were no members of the public wishing to speak to the Commission.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 15, 2014
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Thomas Perrelli, Proposed Activity within 100’ of a Wetland to Repair and Replacement of Wall, 24D Rosemary Lane
Thomas Perrelli reported that he had just received word from the Natural Diversity Database and that they felt it would propose the least impact as possible to the lake. Lee Vito commented that he was able to get information on the type of wall that Mr. Perrelli was proposing to build. It is a stacking block wall which is similar to what has been used before and looks to be a 2x2x4 block wall.
Lee Vito also reported that he had talked to Beth at DEEP and she stated that the State has no issues with the wall as long as it is within their property line. Irene Angiletta asked Mr. Perrelli how much it had cost him to have the plan prepared. Mr. Perrelli thought that the survey plan had cost him approximately $3,000, but he was not sure.
Darin Overton asked if the property line was along the face of the wall and Mr. Perrelli reported that they really weren’t sure where the property lines are. Mr. Perrelli stated that his neighbor’s property line is four feet into the water. Mr. Overton stated that it looks like the property line is actually at the base of the wall and therefore a new wall cannot be built in front of the one that is there. Mr. Overton felt that the existing wall would have to be removed and then replaced with the new one. Mr. Perrelli stated that that would cost an additional $20,000 and the plan, as is, is the least impact to the lake as possible. Mr. Perrelli’s intention is to try to secure the wall with the least impact to the lake. Mr. Overton felt that this work would have to be done on someone else’s property, based on the plan. Lee Vito reiterated that the DEEP had no issues, as long as they stayed on their own property line.
Darin Overton commented that the Commission cannot grant a permit for work on someone else’s property. Mr. Overton suggested that Mr. Perrelli could confirm with the DEEP that they will allow him to build a new wall on their property. Lee Vito suggested that Mr. Perrelli try to verify exactly where his property line is. Mr. Overton also commented that it looks like this wall is continuous with the neighbor’s wall. Again, Mr. Perrelli explained that he is just trying to make the wall safe while the lake is down.
Linda Li asked if there was a drainage pipe that runs along the property near the wall. Mr. Perrelli stated that that was not an issue.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 15, 2014
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Irene Angiletta asked if there were records showing the property lines in the Town Hall. Mr. Perrelli explained that the maps are very outdated. He stated that he has had the property surveyed three or four times and each time the result is different. Mr. Perrelli was not sure exactly how much further beyond the old wall that this new wall would extend. Ms. Angiletta stated that the property lines in the lake may move back and forth because of the water. Darin Overton commented that property lines depend on the deed and prior mapping and it appears that the surveyor has determined that the edge of the water is the property line in this case. Surveyors sometimes call it a closing line when they don’t know where the property line is or if there is a natural boundary. Maps from May, 1960 and another from 1980 were both referenced in this survey as well as deeds.
Darin Overton explained that he was not trying to make this difficult for Mr. Perrelli, but Mr. Perrelli explained that he cannot remove the old wall. The new wall would be built in front of the old wall and then connected with rebar to steady the walls. Irene Angiletta read from section 4.1.d of the regulations regarding maintenance of an existing structure that would be permitted as of right. Darin Overton then asked if the Commission would be willing to make the determination that putting two feet of blocks along the entire back of the existing wall would not be significant fill in a wetland. Irene Angiletta confirmed that and stated that he would be maintaining his property. Ms. Angiletta felt that there was precedent for this and that there are other examples of where this has been done around the lake.
Linda Li asked if this would be a question for Attorney Branse. Darin Overton did have a problem with permitting this on the State’s property. Mr. Overton stated that if the Commission determines it is a matter-of-right activity and therefore does not need a permit, Mr. Perrelli could proceed at his own risk in placing the blocks on someone else’s property. Randy Bernotas asked if it was altering a watercourse if you go two feet into it and Ms. Angiletta reminded the Commission that there were three other people who have done something and the Commission doesn’t know what was done.
Lee Vito asked if it were possible for Mr. Perrelli to do something behind the existing wall. Mr. Perrelli explained that the wall is falling into the lake and that wouldn’t help the situation. Mr. Perrelli explained that it’s a matter of safety. The new wall would then hold up the old wall. Linda Li commented that in another 100 years, a new wall would then have to be built to hold up the two old walls, but that it really wasn’t a decision for the Commission since they cannot permit on someone else’s property.
Randy Bernotas suggested that maybe Lee Vito could get involved and help move this project forward. Mr. Vito agreed to give the DEEP a call and explain the situation. Once again, Mr. Perrelli stated that he was quoted $15,000 to repair the wall and that the price would double if they were to remove the old wall.
Darin Overton apologized with not being able to render a decision on this tonight. Mr. Overton explained the three options: one would be that Mr. Perrelli goes ahead and builds the new wall on his property and the Commission could move forward with a permit. Another option is that DEEP could acknowledge rights that the wall can be built as is presented. The third option is the possibility of a matter-of-right activity that does not require a permit and then Mr. Perrelli would be on his own as far as dealing with DEEP.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 15, 2014
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Marco Caminito, Pioneer Builders of Newington, Inc., Construction of rip-rap erosion control strip within 100’ of a wetland, 48 Meriden Road, Owner - Linda Crescimano
Darin Overton had prepared a draft motion that was sent to Commission members. There was no new information available for tonight’s meeting.
Darin Overton then made a motion to approve the application, with conditions (as attached), seconded by Rich Dilauro. Darin Overton asked the applicant about the septic and well and it was explained that the well is in the building and the septic system was just to the east, underneath the pavement. The motion passed 4-0-2, with James Brown and Randy Bernotas abstaining.
Lake Beseck Stormwater Outfall Maintenance Project Determination of a Matter-of-Right Activity
Darin Overton removed himself from the Commission as his company is working on the project. Randy Bernotas took over the meeting.
Ed Bailey, second selectman of the Town of Middlefield, explained that the lake has been drawn down for a replacement project and the Town has been trying to proceed with efforts to do some work on the lake in order to improve some of the water quality issues as well as clear up some of the areas of shallow depth that have been caused by inflow of sand and sediment.
Mr. Bailey explained that the Town has engaged the firm of Milone and MacBroom and Matt Sanford, their consulting engineer, was in attendance to make a presentation on the work that the Lake Beseck Ad Hoc Committee has been recommending to the Town. The lake is filling up sooner than expected and any work needs to be done quicker than expected. All work should be wrapped up by the end of March, at the latest, according to the project engineer who is working on the dam.
Randy Bernotas stated that his opinion is that the project is a use-of-right because it is maintenance.
Matthew Sanford, soil scientist with Milone and MacBroom, explained that his firm has been retained by the Town to develop a watershed management plan for the lake to improve water quality. They have looked at stormwater outfalls, doing stormwater sampling, land uses within the watershed and calculating water quality volumes. Another component was to look at areas that have been filled in with sediment or road sand within the lake.
Milone and MacBroom have selected six outfall areas around the lake. These areas were described to the Commission and are depicted on the map. Road sand has accumulated at these spots and the depth is anywhere from six inches to two feet. As everyone knows, the lake is owned by the DEEP and the request application process has begun. Chuck Lee, with DEEP, is spearheading this effort to allow the work to be done in a timely manner.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 15, 2014
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Mr. Sanford explained that the work will be done by the Town’s public works department using mechanical excavation. The work will probably take two to three weeks and will be approximately 1400 cu.yds. This work will help to improve the water quality and some of the fishery habitat that’s been filled in.
Randy Bernotas asked about area C on the map and how far the pipe extends. Mr. Sanford explained that the pipe ends right about at the green point on the map. The areas were identified by handheld GPS units and probes.
Matt Sanford explained that it is believed this is a matter-of-right and the pipes have all been in existence since before 1974. Their request is just to remove the road sand and not do any dredging, per se. Mr. Sanford hoped that the Commission would see fit to deem this a matter-of-right activity, allowing the Town to proceed with the work once permission is obtained from DEEP. It is likely that the removed material will be brought to the Town’s sand and gravel pit.
Irene Angiletta asked about why it was important to note that the storm walls have been in place since 1972. Matt Sanford replied that he believes that was 1974 as that is what the regulations are. He directed the Commission to section 4.1.f of their regulations, page 14, where it talks about maintenance related to any drainage pipe which existed before the effective date of the regulations or July 1, 1974. This section allows maintenance, by hand or machine.
Matt Sanford also explained that they did not find a large amount of accumulation of sand on the western side of the lake. Randy Bernotas also noted that the State cleans the storm drains on Baileyville Road and he, as well as his neighbors, clean the storm drains as well.
Randy Bernotas made a motion, seconded by Rich Dilauro, to approve as a matter-of-right under section 4.1.f for the Town of Middlefield to pursue maintenance and removal of sand deposits as determined by Milone and MacBroom, areas A through F as demarcated on the map (aerial) titled “Stormwater Outfall Road Sand Volume Map,” dated 1-14-14. Motion was passed unanimously.
Darin Overton returned to the chair at 7:54 PM.
Fire Department Installation of a Dry Hydrant at the Scope Shop Pond on Baileyville Road for a Determination of Matter-of-Right Activity
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 15, 2014
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Darin Overton explained that this project had been presented by the Fire Chief at the Commission’s last meeting. Chief Tyc had presented a public act that had been amended to include installation of dry hydrants by the Fire Department as a matter-of-right activity. Mr. Overton felt it was clear, when reading the public act which amended section 4 of the regulations, that dry hydrants were now considered a matter-of-right activity. Mr. Overton explained that because the last meeting was a special meeting and therefore the Commission could not amend the agenda, he felt it would be most appropriate to take up the issue at this meeting. Lee Vito had a copy from the Fire Chief regarding the pipe. Mr. Vito also had a map from the Fire Department showing where the two pipes would be installed. They had also permitted a picture of the dry hydrant that had been installed near Country Flower Farms. The plan is to do the same installation as had been done there. A copy of Public Act 11-184 was also included, called an “Act Creating a Rebuttable Presumption for the Approval of an Inland Wetlands Permit for a Dry Hydrant.” This act repealed the prior section 4 of the regulations that listed matter-of-right activities and inserts an entirely new section which adds a section regarding withdrawal of water for fire emergency purposes. It also specifically cites that “the installation of a dry hydrant by, or under the authority of a municipal fire department, provided such dry hydrant is only used for firefighting purposes and there is no alternative access to a public water supply.” It goes on to describe a dry hydrant system. Darin Overton believes that what is being proposed meets all of the criteria of this Public Act.
James Brown made a motion, seconded by Randy Bernotas, that the Fire Department installation of dry hydrants at Scope Shop pond is determined as a matter-of-right activity. Motion was passed unanimously.
Wetlands Enforcement Officer’s Report
Lee Vito reported that he has received applications and checks from the three properties on Lake Shore Drive that built walls without permits. Mr. Vito had pictures of the walls that were built. Lee Vito reports that #30 did not have a previous wall, but the other two locations had rotted railroad ties that were removed and replaced with the current wall. Mr. Vito doesn’t think that there is any reason to believe that these walls were not built in the same place as they existed.
Irene Angiletta asked how much these property owners paid for their application and was told that it was the standard fee of $120. Ms. Angiletta commented that Mr. Perrelli had paid $3,000 for a plan. Ms. Angiletta reminded the Commission that they were told people are disgruntled, but then Mr. Perrelli comes in and is doing the right thing, yet these other property owners are only paying $125 application fee. Darin Overton wanted the record to be clear that Mr. Perrelli did not spend $3,000 for the application and the survey plan was done in 2006. Ms. Angiletta remarked that at least the Commission saw something from Mr. Perrelli, not the other property owners. Ms. Angiletta feels that the Commission is very inconsistent. Again, Ms. Angiletta feels there should be an ordinance so that the Commission could fine the people who put the walls in without a permit.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 15, 2014
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A discussion followed about the issues involved with the three other walls as well as Mr. Perrelli’s wall and permission from the DEEP. Mr. Overton reminded the Commission that the other three walls have not been permitted yet and, in fact, if the application is denied, the Commission could tell them to remove the wall. The primary difficulty with these projects is the fact that the State owns the lake. Linda Li suggested that the Commission could tell Mr. Perrelli not to come back and they would not pursue the issue. Darin Overton remarked that he felt the worst thing the Commission could do is to allow people to go and do whatever they want.