RECEIVED FEBRUARY 19, 2009 @ 2:40 P.M.
Michele R. Grande, Redding Town Clerk
4 pages
Redding Conservation Commission
P.O. Box 1028
Redding Center, Connecticut 06875-1028
MINUTES
Tuesday, February 17, 2009
7:30 p.m. - Old Town House
Present: David Pattee, Chairman; Jeremiah Ross; William Hill; Joseph Beres; Victor DeMasi; Wallace Perlman
Absent: Frederick Schroeder
Also present: Peter Olsen, Commission Counsel
The Chairman called the meeting to order at 7:30 p.m.
I. APPROVAL OF MINUTES -Minutes of 1/28/09
On the motion of W. Perlman and the second of W. Hill, the Commission voted unanimously to approve the 1/28/09 Meeting Minutes.
II. REGULATORY
Application #08-25 Reeda B. Harsche (owner), Three Levels Corporation (agent), 626 Redding Road. Received 8/5/08. Public Hearing on an application for “Riverbend”, an affordable housing project on 14.19 acres pursuant to C.G.S. Section 8-30g. for the approval of a License for the construction of ten (10) units including the location of sealed pipes serving a subsurface waste disposal structure and related earth disturbing activities associated therewith upslope from the Saugatuck River and within 500’ of the high water line of a vernal pool as regulated pursuant to Section 2.23c of the Regulations. Project activity involves ten (10) proposed dwellings, (13 housing units). Public Hearing opened 11/18/08. Continued 12/2/08; 12/16/08. Received
letter re: 25-day extension for continuation of the Public Hearing. Public Hearing closed 1/6/09. Discussion 1/28/09. Received letter granting a seven-day extension to the meeting of 2/17/09.
The draft motion was reviewed and edited. All Commissioners reported that they either attended all Public Hearings or listened to tapes of missed meetings.
On the motion of V. DeMasi and the second of W. Perlman, the Commission voted unanimously to deny the Application for License to Conduct Regulated Activities for the following reasons:
1. The Commission finds that the Application proposes insufficient pretreatment facilities for stormwater prior to infiltration and ultimate discharge into the wetlands and Saugatuck River, and therefore finds that the proposed regulated activities are likely to have a significant adverse environmental impact on the western wetlands and the Saugatuck River.
The Commission has weighed the expert testimony presented to it by Mr. Slayback, Mr. Jacobsen, Mr. MacBroom and Mr. Ryder on this issue. The Commission finds that each of these expert witnesses is competent and qualified to testify on this issue. However, the Commission finds the testimony of Mr. MacBroom to be the most credible, especially since Mr. Slayback and Mr. Jacobsen did not thoroughly address this issue to the Commission’s satisfaction. Accordingly, the Commission chooses to rely on the expert testimony and conclusions presented by Mr. MacBroom that the lack of adequate pretreatment facilities for stormwater prior to infiltration and ultimate discharge into the western wetlands and Saugatuck River is likely to have a significant impact thereon.
2. The Commission finds that the soils on the site lend themselves to an extremely high rate of infiltration and groundwater migration, such that there will e insufficient time of travel to achieve adequate water quality renovation of stormwater and septic effluent prior to discharge into the western wetlands and Saugatuck River, and therefore finds that the proposed regulated activities are likely to have a significant adverse environmental impact on the western wetlands and the Saugatuck River.
Again, the Commission has weighed the expert testimony presented to it by Mr. Slayback, Mr. Jacobsen, Mr. MacBroom and Mr. Ryder on this issue, and again finds each of these expert witnesses is competent and qualified to testify on this issue. However, the Commission finds the testimony of Mr. MacBroom to be the most credible since, again, Mr. Slayback and Mr. Jacobsen did not thoroughly address this issue to the Commission’s satisfaction. Accordingly, the Commission chooses to rely on the expert testimony and conclusions presented by Mr. MacBroom that the high rate of infiltration and groundwater migration present on site, when combined with the amount of effluent produced by the community septic systems and the lack of adequate pretreatment facilities for stormwater prior to
infiltration and ultimate discharge into the western wetlands and Saugatuck River, is likely to have a significant adverse environmental impact thereon.
3. Despite repeated requests by the Commission and Mr. MacBroom, the Applicant has failed to present adequate information concerning the following subjects to allow the Commission to conduct a sufficient review of the potential impacts of the proposed regulated activities:
a. The impact of the proposed regulated activities on the Saugatuck River;
b. The impact of pathogens from septic effluent on the wetlands and the Saugatuck River; and c. The relationship between the 100 and 500 year flood lines of the Saugatuck River and the elevations of the proposed septic systems.
Accordingly, the Commission finds that the application presented to it is incomplete in these respects, and it can therefore not determine whether these issues might present a significant adverse environmental impact to the western wetlands or the Saugatuck River.
4. The Commission is unable to conclude that there are no feasible and prudent alternatives to the proposed regulated activities which would cause less or no environmental impact to the wetlands or Saugatuck River. The Commission finds that there may be feasible and prudent alternatives to the proposed regulated activities, and the Applicant should investigate one or more of the following alternatives to determine whether the property can be developed with less or no environmental impact to the wetlands and the Saugatuck River:
a. Reduce the number of proposed structures and/or the size of the proposed septic systems so as to provide room for additional pretreatment facilities for stormwater in key areas prior to discharge into the wetlands and the Saugatuck River and to increase the natural infiltration of stormwater thereby reducing the amount of storm water which must be controlled and redirected;
b. Relocate or consolidate all or a portion of the proposed development, so as to provide room for additional facilities for stormwater in key areas prior to discharge into the wetlands and the Saugatuck River;
c. Develop the property pursuant to the existing zoning code so as to use traditional single family septic systems rather than community septic systems, thereby reducing the potential discharges into the wetlands and the Saugatuck River.
License #04-04, David and Rebecca Lovalvo, 25 Limekiln Road. Request for License extension. Received 2/3/09.
No one was present for the applicant.
On the motion of W. Perlman and the second of W. Hill, the Commission voted unanimously to approve an extension for License #04-04.
Application #09-01 Donald and Linda Longo (owners), Environmental Land Solutions, Kate Throckmorton (agent), 710 Redding Road. Received 2/3/09. Discussion and possible vote on an application to install a swimming pool with associated site work including retaining walls, deck, patio and relocation of septic tank and pump chamber (includes spa) within the regulated area.
Discussion tabled pending attendance by the applicant or agent.
Application #09-02, Timothy and Irene Brennan (owners), Michael F. Cusato, AIA (agent), 28 Bridle Road. Received 2/3/09. Discussion and possible vote on an application for an addition to residence, septic system and driveway within the regulated area.
Michael Cusato was present for the applicant. Drawings were displayed and reviewed.
D. Pattee requested additional septic system details by 2/26/09.
A site walk was scheduled for Sun., 2/22/09 at 8:30 a.m.
Application #09-03, Carmine and Mary Ellen Frele (owners), Nazzaro Inc. (agent), 36 Great Meadow Road. Received 2/3/09. Discussion and possible vote on an application for pond restoration.
Discussion tabled pending attendance by the applicant or agent.
Application #09-04, 123 Mountain Road Associates, LLC (owners), Peak Engineers LLC (agent), 123 Mountain Road. Received 2/3/09. Discussion and possible vote on an application for construction of stream crossing for driveway construction of tennis court, open air pavilion, washroom. Installation of septic system and associated grading. Installation of private supply well.
Tom Quinn of Peak Engineers was present in addition to the builder. Plans were displayed and reviewed.
A site walk was scheduled for Sun., 2/22/09 at 9:30 p.m.
III. CHAIRMAN’S REPORT
D. Pattee is meeting with N. Ketcham and members of the Deer Committee on 2/18/09.
D. Pattee and J. Ross are attending a meeting on 2/27/09 at the Yale Forestry School re: future of forests in CT.
J. Ross is awaiting word from the DEP re: invasive species removal grant.
On the motion of V. DeMasi and the second of W. Perlman, the Commission voted unanimously to adjourn the meeting at 8:45 p.m.
Submitted by:
Kristi C. Reilly
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