IWWC

Inland and Wetland Commission

40 Old Farms Road

Willington, CT 06279

January 27, 2020 – 7:30 PM

Regular Meeting Minutes

Members Present:

Patrick Lord

Tess Gutowski

Dave Schreiber

Members Absent:

Mark Drobney

Also Present:

Michael D’Amato- Zoning Agent

Ashley Stephens- Assistant Land Use Agent

Public Hearing:

D.Schreiber opened the public hearing.

M. D’Amato stated that he and D. Schreiber met with Nick Zito from the state and discussed the proposed changes for the forestry regulations. N. Zito suggested the commission look at the application form from Lebanon Inland Wetlands Commission for Timber Harvest Notification. He suggested Willington use that as a model for the forestry application and build the questions into our application online. It would not be a replacement form, it would be built in our application.

Reporting would be done at the time of the issuance of the permit.

There was discussion on looking at section 5.3 Q & R and performing a crosswalk between the Lebanon form and Willington’s Forestry application online. M. D’Amato said if the Commission is comfortable with components, he can build that into application online and add the fields and send to the commission to look at.

M. D’Amato reminded the commission they have to give a working draft to the state 35 days before they can close the public hearing. There is not 35 days before the next meeting, so they will work to get the draft to the state within the next couple of weeks, and then schedule the public hearing for our March meeting.  

J. Kulig submitted a public comment following public hearing in November about the approval process.

M. D’Amato stated he talked with Nick Zito from the state about the need for fees and regulations to remain separate from the IWWC Regulations.  You can reduce them, but not create them all as one.

There was discussion on waiving the jurisdictional fee. There would not be a need to charge for timber harvest and a wetlands applications if they are applying for them at the same time because it is for the same commission. If the Wetlands fee was to be waived, it would need to go to a public hearing. M’Damato will ask the attorney if we can use fees from page 27 from the regulations, waiver 19.7, c- applicant has shown good cause.

M. D’Amato stated he talked with Nick Zeto about enforcement and while Willington does not have a lot of it, the form from Lebanon will help to make it very clear on enforcement. The Commission will encourage landowners to have the trees marked.

T. Gutowski asked if we took out Re-generational Harvest and did Nick comment about it? M. D’Amato stated that he had no other comment and D. Schreiber stated that Nick said that it didn’t fit to our climate the last time they spoke so it was best to leave it out.

Public Comments:

               Joseph Theroux certified forester and a wetlands agent for 6 towns in eastern CT stated how he is going through the process for the first time for timber harvesting, and things that stuck out to him, on page 1, was the fee structure. He stated the commission has been talking about adjusting the fee schedules and he doesn’t think it’s not reasonable, he agrees with the fees as a Wetlands Agent. He did not agree with section B to penalize a land owner or logger to not have a full blown management plan. Land owner wants timber managed properly but don’t want to come up with the $1,000-2,000 for the plan. He believes you won’t convince land owner to do a plan to save $100 for a fee.

T. Gutowski stated that the Fee for A, is a $75 flat fee. If you don’t have a plan, it will be $150 fee for no silviculture plan.

J. Theroux stated Part 4, in the regulations, attachment B, 1 inch = 40 or 100 for scale is ridiculous. It can’t fit it on 11 x 17 page.

Tree markings and regeneration was discussed with J. Theroux and the commission. It was stated that both ideas were taken out of the regulations other than that, trees will be marked for buffers.

Close comments.

M. D’Amato stated again that the commission will keep public hearing open, there will be nothing else at the next meeting other than looking at the regulations where the public can make a comment. M. D’Amato will send out tracked changes, send to the state for review, and the Commission will make a final decision in March.

It should be noted that the Commission will look at Wetlands fees and see if there is flexibility in the section of 19.7.

P. Lord made a motion to continue the public hearing for forestry regulations until the next meeting. T. Gutowski second that motion. All are in favor.

Application to be received:

IW-20-01 Selective Timber Harvest at 103 Tinkerville Rd (Map 40 Lot 32) Applicant: Joseph R. Theroux

Application was received and will be discussed at the next meeting.

M. D’Amato stated a site walk will be set up with J. Theroux before the next meeting. Commissioners will send over concerns to Mike if they would like a report back on something specific from the site. The application will be a forestry application and wetlands application. M. D’Amato will look into the fee to make sure it is correct.

The commission stated they do not go on active sites.

The application will be heard at the February regular meeting

New business:

IW-19- 11 Selective Timber Harvest at 0 River Road (Map 10 Lot 021-0A) 65.7 Acres Applicant: Scott Person Owner: Lori & Bruce Lawler

P. Lord stated he walked the site with S. Person. The commission then discussed intermittent streams, access areas and where the location of the harvest will occur. It was stated that S. Person will use the preexisting skid roads when harvesting. S. Person stated they will put mats across the intermittent streams and that no person or equipment will go in the streams. S. Person stated he received the encroachment permit today and would like to start the work as soon as possible.

It was stated that this will be a forestry and a wetlands application because of the intermittent streams. M. D’Amato pulled up both applications from the website.

The commission amended the agenda to accept the wetlands application because only the forestry application was on the agenda for tonight.

New Business:

P. Lord made a motion to amend agenda to include:

IW-20-2 Wetland Application for Timber Harvest at 0 River Road (Map 10 Lot 021-0A) 65.7 Acres Applicant: Scott Person Owner: Lori & Bruce Lawler.

T. Gutowski second the motion.

Unanimously in favor.

Commission confirmed that there will be no intrusion to the wetlands.

P. Lord made a motion to approve application:

IW-20-2 Wetland Application for Timber Harvest  at 0 River Road (Map 10 Lot 021-0A) 65.7 Acres Applicant: Scott Person Owner: Lori & Bruce Lawler with the condition for best management practices to be followed with testimony by applicant.

T. Gutowski second the motion.

Motion to approve, all in favor.

P. Lord made a motion to approve application for:

IW-19- 11 Selective Timber Harvest at 0 River Road (Map 10 Lot 021-0A) 65.7 Acres Applicant: Scott Person Owner: Lori & Bruce Lawler.

T. Gutowski second the motion.

Motion to approve, all in favor.

Old Business:

IW-19- 10 Adopt Amendments to Town of Willington Inland Wetlands and Watercourse Forest Practices Regulations

D. Schreiber motioned to table regulations until next meeting.

P. Lord second motion, all in favor.

Approval of Minutes:

T. Gutowski made motion to approve minutes from the November 25, 2019 meeting minutes. P. Lord made a second motion.

All in favor.

Staff Report and Discussion:

M. D’Amato stated the state is still beta testing the wetlands course online.

M. D’Amato also introduced Ashley Stephens as the new Assistant Land Use Agent.

Meeting adjourned at 9:05 pm.

Respectfully Submitted,

    Ashley Stephens