Conservation Commission Agenda (linked)

Membets Present:
Membets Absent:
Alternates Present:
Alternates Absent:
Staff Present:
MEETING MINUTES
Conservation Commission
ECEIV ;
June 6, 2024, 6:30 PM a
BOE Conference Room, Waterford Town Hall ; ,
4 UW 13 A 158
Matthew Keatley, Keith Kriet, Tali Maidelis, Chairman Richard Muckle
David Lersch (notified), Wade Thomas (notified), Geneva Renegat ef] es —,
Ivy Plis oN
Matthew Shea, 1 Vacancy
Maureen FitzGerald, Environmental Planner; Kim Powell, Recording Secretary
1, CALL TO ORDER AND APPOINTMENT OF ALTERNATES
The meeting was called to order by Chairman Muckle at 6:31 PM. I. Plis was seated for D. Lersch.
. APPROVAL OF MINUTES May 23, 2024 Meeting
Motion: Made by T. Maidelis seconded by M. Keatley to approve the May 23, 2024 meeting
minutes.
Vote: 5-0
Staff requested a modification to the agenda to discuss application C-24-05 before the new
applications to accommodate presentet’s schedule.
Motion: Made by M. Keatley seconded by I. Plis to modify the agenda to move application review
to item 3 and new applications to item 4.
Vote: 5-0
. APPLICATION REVIEW
C-24-05 430 Mohegan Avenue Patkway & 23B Old Norwich Road: 24 Unit residential housing
development — 1721, LLC — Applicant/Owner, Indigo Land Design, LLC — Agent
Atty. Bill Sweeney, TCORS Attorneys, was present on behalf of the applicant and gave a review of
the project. He confirmed the engineer is working on responses to staff comments and will present
at a future meeting. Atty. Sweeney shared his opinion that a public hearing is not necessary nor
required as the project preserves the upland review area and does not involve direct or indirect
impacts to wetlands. He explained that public concerns and comments would likely be in regards
to traffic, property values and other concerns outside the jurisdiction of the inland wetlands
regulations and a public heating would be appropriate when they present to Planning and Zoning.
He asked the Commission to find the application does not involve a significant wetland impact and
does not requite a public hearing.
K. Kriet asked who will maintain the swales and common ateas of the development. Atty. Sweeney
explained the development will be a common interest community. The mowing of lawn ateas,
landscaping, road and walkway plowing and maintenance of the swales and drainage system will be
conducted by a management company. All owners will pay into the common interest community
budget to cover the cost of maintaining all common ateas.
R. Muckle read Section 9.1 of the Inland Wetlands and Watercourses Regulations regarding holding
public hearings. Staff stated the office has not received any inquiries or comments about the
application to date. The plan does not involve significant or direct impact on the wetland atea.

Conservation Commission Meeting Minutes - Page 2
Motion: Made by M. Keatley seconded by K. Kriet to find the application does not require a
public hearing.
Discussion of Motion: I. Plis and T. Maidelis noted there is no assurance that Planning & Zoning
Commission will hold a public hearing. K. Kriet and R. Muckle noted there is no significant impact
to wetlands and downstream impacts ate addressed in the plan design.
Vote: 4-1 [T. Maidelis voting against]
NEW APPLICATIONS
C-24-06 9 Josan Drive: Residential re-subdivision — Sharon C. Brown - Applicant/Owner, Brian
Florek, L.S. — Agent
B. Florek L.S. presented the application for a re-subdivision of the property to create 2 residential
lots. Inland wetland permit #07-25 was approved in 2007 by the Conservation Commission to
cteate 2 lots but the permit has expired. The prior approved plan involved filling a small wetland
neat the toad, the current plan avoids that wetland impact by moving the shared driveway around
the wetland to mitigate adverse impacts on the property.
B. Florek referred to the wetland evaluation report from the 2007 application that described the
small wetland area as having low value and not providing typical wetland functions. The larger
wetlands in the western portion of the property do provide wetland function and value. The
ptoposed gtading limits maintain a 50 ft. wide vegetated buffer adjacent to the western wetland
boundary. No construction is proposed in the western portion of the site.
Staff noted that the prior permit established a non-encroachment boundary upgradient of the
western wetland boundaty.
The Commission directed staff to prepare findings for discussion at the next meeting.
. VIOLATIONS
9 Waterview Drive: Unauthorized Deposition of Materials in and Adjacent to Waterbodies
Staff presented photos showing the area is stable and erosion and sediment controls ate installed.
Seeding will be completed per the work order issued. Staff noted all corrective actions have been
implemented.
Motion: Made by K. Kriet seconded by T. Maidelis to close the violation stating the corrective
action has been completed.
Vote: 5-0
12 Perkins Farm Road: Unauthorized Vegetation Clearing, Fence & Lawn Encroachment in a
Conservation Easement Area
Staff stated the violation was referred to the Town’s attorney for guidance and the attorney’s
opinion was the fence needs to be removed from the easement atea and restoration would be the
decision of the Commission.
Gina Guetti, owner of 12 Perkins Farm Road, explained that when they purchased the property,
they were told each resident owns one ninth of the open space. When they cleared part of the open
space and put up the fence, residents thought it was an improvement. They were not aware there

Conservation Commission Meeting Minutes - Page 3
was a conservation easement. The intent was to cut back the briars that were encroaching into their
dtiveway. She expressed concern with having to move the fence and asked if there was a way to
keep it to define the limit of brush maintenance.
Staff noted the open space atea was pasture at the time the subdivision was constructed. She stated
the question is whether maintenance of pasture conditions is equivalent to maintaining a residential
lawn. She reviewed the provisions in the conservation easement agreement that enable the
Commission to allow the removal and thinning of dead and living vegetation upon written
application by the owner. Staff suggested the homeowner speak with the other neighbors and get
their support in writing.
Tim Matsas of 18 Perkins Farm Road spoke to the Commission telling them the briars and growth
wete encroaching on the 12 Perkins Farm property where his children play, the growth also creates
a safety concern with site lines. He stated the fence and mowed lawn is an improvement in his
opinion. He said other parts of the open space along the road and in front by Great Neck Road are
maintained by mowing,
The Commission deliberated on the violation and restoration required. It was a consensus that
passive use and maintenance of portions of the easement atea could be authorized upon submission
of a request by the owners. Staff was directed to provide assistance to the property owner to
ptepare a formal application. In the interim, the owner is allowed to continue mowing the portion
of the easement area converted to lawn.
CORRESPONDENCE - Thete was no cortespondence.
OTHER BUSINESS - Thete was no other business.
PAYMENT OF BILLS - The Day Invoice $246.32
Motion: Made by M. Keatley seconded by K. Ktiet to pay the invoice to The Day.
Vote: 5-0
. ADJOURNMENT
Motion: Made by M. Keatley seconded by K. Kriet to adjourn at 8:24pm.
Vote: 5-0
Respectfully Submitted,
Ha) Cowell
Kim Powell, Recording Secretary