MIDDLEFIELD INLAND WETLANDS
and
WATERCOURSES AGENCY
405 Main Street
Middlefield, Connecticut 06455
Minutes of the January 2, 2014 Special Meeting
Darin Overton, Chairman, called the meeting to order at 7:05 pm.
Attendance:
Members Alternates
X / Angiletta, Irene / X / Dilauro, RichardX / Bernotas, Randy / A / Li, Linda
A / Brown, James
X / Charles, Douglas
X / Overton, Darin / Others
X / Poturnicki, Rob / A / Vito, Lee
A / VanderVeer, Daria
A=Absent
X=Present
Rich Dilauro was seated on the Commission.
Approval of the Agenda
Doug Charles made a motion to approve the agenda, seconded by Rob Poturnicki. Motion was passed unanimously.
Jon Brayshaw, 140 West Street, LLC, Proposed Dredging of Fire Pond and Patch Concrete, 104 Baileyville Road
Darin Overton had emailed a draft motion to the Commission members and asked for any discussion.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 2, 2014
Page 1
Irene Angiletta had several questions, one of which was if the Commission had waived the fees for Jon Brayshaw’s application. Darin Overton explained that that was an item for tonight’s meeting. There was a letter in the file dated 11/22/13 requesting that the fees be waived. Jon Brayshaw explained that the $240 application fee had been paid. Mr. Brayshaw also commented that the fee waiver was specifically for the Schedule A fee, as shown in a letter dated 12/30/13. Mr. Overton explained that the 12/30/13 letter is a revision of the earlier letter clarifying that the applicant is requesting a waiver of the Schedule A fee. Lee Vito had confirmed that the $240 standard fee was paid.
Irene Angiletta asked about item 3 on the draft motion and what the volume of material removed at that time was. Darin Overton did not know the volume. Mr. Overton explained that he was referring to the fact that this operation has been permitted before.
Ms. Angiletta asked about the concrete patching. Darin Overton explained that his understanding was that there was spalling on the dam and that spalling will be patched.
Ms. Angiletta also commented on the last item on the draft motion and would like the 25-foot buffer of natural vegetation written on a map. Darin Overton has spoken with the applicant about this and they had agreed. Mr. Overton stated that he had tried to describe the area specifically in the motion, but Ms. Angiletta would like it written on the map. Mr. Overton then reviewed the map.
Irene Angiletta also asked if there was an emergency plan in case of a big storm. Mr. Overton stated that there is an emergency management plan with a narrative written on the plan. Mr. Overton also explained that the best way to conduct this work would be with a good weather window and to do all the work at once within the window. There is also the benefit of the lake being empty.
Ms. Angiletta also asked if there was something more for the restoration plan. Darin Overton read that, as far as restoration, the plan states “as conditions allow, grade, seed and restore all work areas. Maintain silt fence until grass is grown.” It is intended that the disturbed areas will be seeded. Ms. Angiletta asked if Northern American Green ENS fabric could be installed to help stabilize the soil. Darin Overton commented that this area is relatively flat and the fabric is normally installed on a steeper, sloping area. Jon Brayshaw explained that silt fence will be installed, backed up with bales of hay to provide stability. Mr. Overton explained that this will all depend on the state of the material as it is removed. If the material sloughs, there may be something else needed to stabilize it. Lee Vito will have the ability to request the applicant keep the material in the stated area.
There were no other questions from the Commission.
Darin Overton summarized the letter from 12/30/13 requesting a waiver of the Schedule A fees which notes that there will be a benefit, not only to the applicant, but to others in the area. There is a letter from the Fire Department supporting the fact that this will be used as a fire pond to protect other structures in the area.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 2, 2014
Page 1
Darin Overton made a motion, based on the December 30, 2013 letter, that the Commission waive the Schedule A fees for this application. The motion was seconded by Randy Bernotas. Mr. Overton feels that since this is very similar to the Powder Ridge application and that it is a maintenance type of use for fire protection, it certainly is a reasonable waiver request. The motion was passed unanimously.
Darin Overton then made a motion to approve the application, with conditions (as attached), seconded by Rich Dilauro. The motion passed unanimously.
Jon Brayshaw asked that the Planning & Zoning Commission be notified of this approval and Darin Overton stated that he would speak to Lee Vito tomorrow and ask that Nancy prepare a brief letter.
Chairman’s Report
Darin Overton received information from the Fire Company regarding the pond which was part of the prior application. The Fire Company would like to install a dry hydrant type of system (similar to what was installed at the pond on Route 147 by Country Flower Farms). There is also a copy of public act #11-184, noting an act that created a rebuttable presumption for the approval of an Inland Wetlands approval for a dry hydrant.
Fire Chief Peter Tyc was present, representing the Middlefield Volunteer Fire Company, and told the Commission that they would like to install a dry hydrant system. In 1994, when the pond was dredged, it was approved to install a dry hydrant. The work was completed on the pond, but the dry hydrant was never installed.
Chief Tyc had copies of the Fire Company’s proposal for everyone on the Commission. They would like to install two pipes. The system will probably be tested once or twice a year, to back flush it and be sure it does draft. Three of the largest buildings in town are in the general area of the pond and would require a primary and secondary water source. Chief Tyc went on to explain the possible placement of the pipes.
Darin Overton explained that public act #11-184 essentially repeals section 22.a.40 which is the section that lists the matter of right activities and substitutes this new section. This includes withdrawals of water for fire emergency purposes. He summarized the act that the installation of a dry hydrant, by a municipal fire department, is an unregulated activity. Chief Tyc explained that this will also be at minimal cost to the Town of Middlefield and the Fire Company as the property owner is taking on most of the costs.
Jon Brayshaw commented that, back in 1994, more material was removed than is being proposed currently. He explained that they plan to only muck out about half the pond, as opposed to the whole pond done in 1994.
Middlefield Inland Wetlands and Watercourses Agency Minutes
January 2, 2014
Page 1
Darin Overton stated that he didn’t see any issue with the installation of the dry hydrant. The dry hydrant at the pond by Country Flower Farms was done quickly, restored quickly and worked out very well. Mr. Overton would like to get this item on the Commission’s agenda for the next regular meeting in case there is anyone from the public that would like to comment on this project. Chief Tyc apologized for the lateness of this. Chief Tyc does believe this will be the least intrusive way to install the dry hydrant. Chief Tyc also reported that there is a similar system at the boat launch, however it is smaller pipe. The Fire Company has contacted the DEEP to do additional work on that.
Adjournment
A motion was made and seconded to adjourn the meeting. Motion was carried unanimously. The meeting was adjourned at 7:35 pm.
Respectfully submitted,
Debi Waz
Debi Waz
Alwaz First
Middlefield Inland Wetlands and Watercourses Agency
January 2, 2014
Application: Jon Brayshaw, 140 West Street, LLC, Proposed Dredging of Fire Pond and Patch Concrete, 104 Baileyville Road
IWC Permit #1102-13 WET
Decision:
Motion: That the Middlefield Inland Wetlands and Watercourses Agency, having considered the factors pursuant to Section 10 of the Inland Wetlands and Watercourses Regulations of the Town of Middlefield, Commissioners’ knowledge of the area, and after review of written information and public testimony provided by the applicant on this application, finds the following:
1.That the activity is associated with work to be conducted in the Ellen Doyle Brook on property of the applicant for maintenance dredging of a dam impoundment that serves as a fire suppression water supply for the former Lyman Gunsight factory building, which is located on the opposite side of Baileyville Road.
2.That the proposed activity is necessary to restore the water supply for proper operation of the fire suppression system for the building.
3.That similar maintenance was approved by the Middlefield IWWA on September 21, 1994 with the Middlefield Volunteer Fire Company as the applicant.
4.That the Middlefield Volunteer Fire Company provided a letter dated July 1, 2013 supporting the dredging of the impoundment because it provides water supply for fire protection of other properties in the area.
5.That the proposed activity will not have a significant adverse effect on the inland wetlands and watercourses as presented, provided all permit conditions are adhered to.
Therefore, the agency grants, with conditions, approval of the MIWWA Permit Application of 140 West Street, LLC for property located at 104 Baileyville Road, for proposed dredging of a fire pond and patching concrete on the existing dam as presented in verbal testimony by the applicant and shown on a plan entitled:
“General Location Survey depicting Scope Shop Pond, 104 Baileyville Road, Prepared For 140 West Street, LLC, Middlefield, CT, dated October 2, 2013,” scale 1”=40’ as prepared by Jackowiak Land Surveying.
with the following conditions:
1.That all activities have appropriate sediment and erosion controls in place in accordance with the 2002 DEP Erosion and Sediment Control Guidelines to prevent sedimentation of downstream wetlands and watercourses. In particular, any dewatering activities associated with excavation on site shall have appropriate sediment containment to minimize discoloration of receiving waters.
2.That all maintenance and refueling of equipment and vehicles is performed as far as practical from all wetlands and watercourses, at least 100’ if possible. All oil, gasoline and chemicals needed at the site shall be stored in secondary containment to prevent contamination of any wetlands or watercourses from possible leaks.
3.That the Middlefield Wetlands Enforcement officer be notified prior to the proposed start date of construction to verify that appropriate sediment and erosion controls are in place when construction begins.
4.That a 25-foot buffer of natural vegetation remain along the perimeter of the wetlands beginning at wetland flag 10 and extending upstream along the dredge material placement area to maintain the existing shade canopy of the brook and natural habitat adjacent to the brook.