Inland Wetlands Watercourse Agency

The West Haven Inland Wetlands Agency held a regular Meeting on Tuesday, March 15, 2016 in the Harriet North Room, 2nd Floor, City Hall, 355 Main Street, West Haven, CT at 6:30 P.M. PRESENT: Commissioners Kane, Carr, Gilbane, Saldibar, Perrone, Beecher, ZEO Conniff, City Planner Killeen and Corporation Counsel Amendola. PLEDGE OF ALLEGANCE APPROVAL OF MINUTES: Commissioner Saldibar made a motion to approve the meeting minutes of February 16, 2016, seconded by Commissioner Gilbane and passed. New: 261 Sawmill Road: To allow the use of a drive-thru donut shop within an existing convenience store/gas station. Site work will include the increase of paved surfaces to create the necessary drive-thru lanes. Pervious pavers will be installed at various locations to aid in storm-water runoff and as to not exceed the maximum impervious surface coverage allowed under the Zoning Regulations. Drainage patterns will remain as they currently exist. Applicant will install a hydrodynamic storm-water quality device to existing catch basin as defined under previous approval granted by the IWWC (June 2015-file No SR 15-135) Owner Rafiq Hameed/ Applicant David Branco File # IW16- 037. Attorney Vincent Falcone is representing the applicant. This site was previously in 2015 for a combination gas station and convenience store. This plan meets all regulations for a NB zone as well as coverages regulations. Brian Plourde, engineer, stated a revised plan was submitted tonight after meeting with staff to bring the project under the 75% coverage requirement. Landscaping areas are added for additional greenspace, a dual driveway area will be installed and exit only on Greta St. There are no wetlands on site and all work is well outside the 100 ft buffer area. Commissioner Saldibar made a motion to approve File IW 16-037 with the conditions that an oil water separator be installed and quarterly reports given to staff and the standard condition of a 15 year inspection on the property, seconded by Commissioner Carr and passed. Staff Report: 5 Spring Street: West Haven CT. (MBL 055-0106-0-0002) The Commission of Inland Wetlands would like to review the Cease and Desist order that was issued by The City of West Haven Planning and Zoning Department. Attorney Vincent Amendola stated John Paul Garcia, surveyor, presented the chronology of the wetlands on this property. Attorney Edward Marcus stated Elm City is willing to cooperate with the city. However, the wetlands that were on the property were filled before Elm City took possession as Mr. Garcia will attest to and therefore will ask to dismiss the cease and desist. Mr. Garcia stated in 2015 did an updated site plan and explain the differences on the site in the years 2013, 2015 and 2016. He noted the rear property line is noted in the wrong place on the GIS map. A plan titled BA-9 was submitted as an exhibit 1 and a survey marked Exhibit 2 were submitted. The commissioners and Mr. Garcia discussed the jurisdiction of DEEP and this commissioner regarding the tidal wetlands. Attorney Marcus stated he has no problem going before the Coastal Management and P & Z but DEEP does not consider this a major problem. In March 2011 when the property was obtained and Elm City seeking advice from Corporation Counsel was instructed on what should be done (Exhibit 3) and April 28, 2011 from Marcus Law Firm to Mr. Eberhart (Ex. 4) and a letter from Mr. Garcia to Marcus Law Firm (Ex. 5), Zoning compliance certificate (Ex. 6), Certificate of Decision (Ex. 7) and a letter to Attorney Rubrich from Mr Eberhart (Ex. 8). Commissioner Kane stated he would like to discuss this matter with the DEEP. Attorney Marcus made the commission aware that Elm City is just a tenant and is leasing the property. Commissioner Carr read into the record the definition of an inland wetland area. A motion to dismiss the cease and desist was submitted to the Commission (Ex. 9). Commissioner Kane made a motion to amend the agenda to add Executive Session for the purpose of discussing litigation strategy regarding 5 Spring St., seconded by Commissioner Saldibar and passed. ADJOURNMENT: Commissioner made a motion to adjourn, seconded by Commissioner and passed.