East Hampton Inland Wetlands & Watercourses Agency

Regular Meeting

October 29, 2014

Town Hall Meeting Room

REGULAR

Approved Minutes

  1. Call to Order: Chairman Foran called the regular IWWA meeting to order at 6:30p.m.

Present:Jeffrey Foran, Scott Hill, Peter Wall, Harold L’Hote, Josh Wilson, and David Boule

Absent: Bob Talbot, Dean Kavalkovich

  1. Seating of Alternates: Harold L’Hote was seated.

Other attendee(s):James Carey, Administrator, Planning, Zoning & Building

  1. Approval of Minutes:
  2. September 24, 2014 Meeting

Mr. Boule made a motion to approve the minutes of September 24, 2014. The motion was seconded by Mr. Hill.

The motion passed unanimously

  1. Communications, Enforcement and Public Comment:

a)Cease and Desist Order – 47 Bay Road – Repair Seawall – Update

Cease and Desist Order issued in March (but labeled a “Friendly Cease and Desist” or a “Cease and Correct” order) was being enforcement through Ruth Checko, Parks and Recreation Director at the time, but no presentation was ever made to IWWA. Through some research by Mr. Carey, it was determined that remediation was taken in March outside of the guise of the IWWA and this may, in fact, be a closed issue. Mr. Carey will verify completion and report back to the IWWA so that the item can be removed from the agenda.

b)Cease and Desist Order – 85 Midwood Farm Rd

An attorney representing Carol Morris of 85 Midwood Farm Rd introduced himself and stated that the drainage in question does not seem to follow the drainage easement causing an intermittent watercourse during the time when Ms. Morris is having some construction done to a garage. An engineering firm has been retained to do the wetlands work neededand a continuance was requested (to November meeting) in order to gather the necessary information be able to show cause. Specific concerns of the IWWA were also requested so that, if continuance is granted, Ms. Morris can be sure all concerns are addressed (maps provided to aid discussion).

Chairman Foran voiced a concern about fill placed within the upland review area, verified stability of the area and asked that the engineering firm expand their review to include nearby ponds.

Mr. Wilson made a motion to hold the Cease and Desist in place and continue the Show Cause Hearing to the next regularly scheduled meeting in November (11.19.14). Motion was seconded by Mr. Hill.

The motion passed unanimously.

c)Discussion of the Draft Phosphorus Ban Ordinance

Mr. Hill expressed a concern that the IWWA did not have time to review in order to be able to provide a comment back to the Town Manager and Town Council. Chairman Forman understood Mr. Hill’s concern but informed the commission that comment is needed prior to the November IWWA meeting (requested by 11.18.14). Mr. Wilson informed the commission that a State fertilizer ordinance was passed in 2008 (Connecticut General Statute 22-111r and 22-111s)that states that “no political sub-division of the state may enact or attempt to enforce an ordinance or regulation respecting the registration, packaging, labeling, sales, storage, distribution, use or application of a fertilizer…” Then in 2012 legislation was enactedthat requires limitation of use of phosphorus in fertilizers and specific applications. Therefore, nothing can be done at the municipal level unless designated by the Commissioner of the Department of Agricultural. Per Mr. Hill, the avenue for the town to move forward would be to petition the Department of Agriculture to designate an East Hampton “town official” to be an enforcing agent.

Mr. Carey to draft a response to the Town Manager and Town Council outlining the statute and the avenue available and provide to Chairman Foran for review prior to sending.

d)Sears Park Beach Maintenance Plan

Plan along with corresponding map provided in response to IWWA request. Commission agreed that plan, as written, does address a proactive response to the IWWA concerns but lacks the reactive response if washout does occur and significant reclamation of sand is required.

Chairman Foran to inform Shawn Mullen, acting Parks and Rec Director, that this plan is sufficient for now but presentation to the IWWA will be required if significant washout does occur and reactive response is required.

  1. Agent Approval – None
  1. Reading of the Legal Notice – None
  1. Continued Applications – None
  1. New Applications – None
  1. Public Hearings – None
  1. New Business – None
  1. Old Business – None
  1. Public Comments:

Jeff Sickles, potential buyer of property on Flatbrook Rd., is looking to discuss a pre-application to secure access to the state forest and airline trail that abuts the property in question by way of wetlands. Chairman Foran stated that additional detail (e.g. survey results, measurements, type of structure: fill or raised, etc.) would be required before the IWWA could comfortably provide any guidance since this is a unique request. Suggestions made did, however, include a structure resulting in the least amount of footprint being favorable and looking into deeding the property as conservation land rather than private residential property.

Mr. Sickles thanked the Commission for their insight and excused himself.

  1. Adjournment:

Mr. Wilson made a motion to adjourn the meeting. The motion was seconded by Mr. L’Hote.

The motion passed unanimously.

Meeting was adjourned at 7:15.

Respectfully submitted,

Renee Bafumi

Recording Secretary

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