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H:\CurrentProjects\IWC\1399 OCR M44L4-003\STAFF\Staff Report 1 011516.docx
MEMORANDUM FOR THE RECORD
APPLICATION# 216IWC1
REGULAR MEETING – THURSDAY, JANUARY 21, 2016
Prepared by Liz Burdick, Zoning & Wetlands Enforcement Officer
Applicant(s): John Diamantini
Address: 1399 Old Colchester Road (M44 L4-3)
Meeting Date: January 21, 2016
Date Received by IWC: January 21, 2016
Applicant Requests:
1. As of Right Determination per IWC Reg. Sec. 4.1.d & 4.2.b (Permitted Uses As of Right
and Non-Regulated Uses– Uses incidental to the enjoyment or maintenance of residential
property & Outdoor Recreation) for installation of concrete grass landscape pavers in boat
launch area.
Activity Description:
Wetland Disturbance Area 80 SF
Watercourse/Waterbody Disturbance Area 0 SF
Upland Review Disturbance Area 280 SF
STAFF COMMENTS:
- The site is located on 6.40 acres (278,784SF) in the R80 zone located on the shore of
Oxoboxo Lake.
- Applicant is requesting an “As of Right Determination” for installation of a 4’W x 90’L
path of concrete grass landscape pavers in proposed boat launch area.
- The path is proposed at the northwest corner of the site adjacent to the lake at the end of
the existing paved driveway that was previously cleared and re-vegetated.
- Applicant proposes to utilize said path to launch his own boats.
- Installation of concrete grass landscape pavers in said area is proposed as recommended
by Soil Scientist, Michael G. Schaefer, Sr. in a letter dated February 18, 2008 to prevent
rutting from trailer wheels traveling over path and to prevent any negative impact on
regulated areas.
- No additional work or activity is proposed in said area, which will be maintained in its
current re-vegetated state.
- The Commission will need to make a finding as to whether or not the proposed
activity/activities are permitted, as of right and/or non-regulated uses that do not require a
permit.
- Section 4.1 states, in relevant parts, “The following uses shall be permitted in inland
wetlands and watercourses, as of right: d. Uses incidental to the enjoyment or maintenance
of residential property … Such incidental uses shall include maintenance of existing
structures and landscaping, but shall not include removal or deposition of significant
amounts of material from or into a wetland or watercourse, or diversion or alteration of a
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watercourse”. Proposed installation of concrete grass landscape pavers will not include
removal or deposition of significant amounts of material from or into a wetland or
watercourse.
- Section 4.2 states, in relevant parts, “The following operations and uses shall be permitted
as non-regulated uses in wetlands and watercourses, provided they do not disturb the
natural and indigenous character of the wetland or watercourse by removal or deposition
of material, alteration or obstruction of water flow or pollution of the wetland or
watercourses: b. Outdoor recreation including the use and play of sporting areas …
boating … where otherwise legally permitted and regulated”. The use of a 4’ wide path
for launching property owners’ boats is not proposed to disturb the natural and indigenous
character of the wetland or watercourse by removal or deposition of material, alteration or
obstruction of water flow or pollution of the wetland or watercourses.
STIPULATED JUDGMENT HISTORY:
On February 22, 2012, Applicant, Diamantini & the Commission entered into a Stipulated
Judgment (“Judgment” - copy attached) regarding activities in regulated areas at the site.
On August 21, 2008, Commission granted a permit to the Applicant to restore disturbed upland
review areas. Said permit also prohibited the use of motorized vehicles in the upland review
area. Thereafter, the applicant continued to operate motorized vehicles in upland review and
wetlands areas. On August 14, 2009, the Commission sent the Applicant an Order to Cease &
Desist said activity and held show cause hearings. The Order remained in effect and the
Commission subsequently filed a request for a temporary and permanent injunction to “cease the
unregulated activities that occurred subsequent to the Order and enforce the terms of the
applicant’s permit. In an effort to avoid litigation, the applicant entered into an agreement to
comply with his permit, restore disturbed regulated areas and plant three trees “for the purpose of
blocking motorized vehicle access to the regulated area from the existing driveway”.
Further, the Judgment stated “The Diamantini’s agree to seek approval from the Commission for
any future activities” and “no modification may be made to any term contained in this
Stipulation unless expressly ageed to in writing by all parties hereto … and favorably voted upon
by the Commission”. Accordingly, the applicant is now seeking an “As-of-Right” approval from
the Commission for the installation of concrete grass landscape pavers in and the launching of
his boat over an area that was formally “blocked to motorized vehicles” pursuant to the
Judgment.
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CONSIDERATIONS FOR ACTION:
1. If the Commission is inclined to approve the request of the Applicant for As of Right
Determination for proposed activity, the following language for a motion of approval is suggested:
M O T I O N # 1 (A Motion to Approve)
After giving due consideration to all relevant factors, including those in Section 10 and/or
Section 4 of the Montville Inland Wetland Regulations and Section 22a-41 of the Connecticut
General Statutes, I move to approve the application for 1399 Old Colchester Road (M44 L4-3),
Oakdale, CT, submitted by John Diamantini for a finding that the proposed installation of a 4’W
x 90’L path consisting of concrete grass landscape pavers for launching of property owners’
boats are as of right permitted and non-regulated uses as shown on a plan entitled “Wetland
Permit Modification, Wetland Mitigation Plan, Owner: John & Kim Diamantini, 1399 Old
Colchester Road, Oakdale, CT, Prepared by May Engineering, Dated 08 Jan 2016” and that no
permit is required.
Staff recommends approval with the following conditions:
1. The proposed 280SF (4’x 90’) Path consisting of concrete grass landscape pavers shall
remain in a natural, vegetated state;
2. The proposed Path shall be used only in an incidental manner for launching of boats
owned by the property owner;
3. The Path shall not be used for motorized vehicles (ATVs, etc.);
4. The Applicant shall install a chain at the access to the path at the end of the existing
driveway as a deterrent to motorized vehicles; and
5. The Wetlands Enforcement Officer shall conduct a final inspection prior to use of Path.
OR
2. If the Commission is inclined to deny the application, Applicant shall request approval
for a permit for work in regulated wetlands and upland areas.
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MEMORANDUM FOR THE RECORD
APPLICATION# 216IWC1
REGULAR MEETING – THURSDAY, FEBRUARY 18, 2016
Prepared by Liz Burdick, Zoning & Wetlands Enforcement Officer
Applicant(s): John Diamantini
Address: 1399 Old Colchester Road (M44 L4-3)
Meeting Date: February 18, 2016
Date Received by IWC: January 21, 2016 (Decision Required Date – March 25, 2016)
Applicant Requests:
1. Permit for installation of concrete grass landscape pavers in boat launch area.
Activity Description:
Wetland Disturbance Area 0 SF
Watercourse/Waterbody Disturbance Area 0 SF
Upland Review Disturbance Area 360 SF
STAFF COMMENTS:
- The site is located on 6.40 acres (278,784SF) in the R80 zone located on the shore of
Oxoboxo Lake.
- Applicant is a permit for installation of a 4’W x 90’L path of concrete grass landscape
pavers in proposed boat launch area.
- The path is proposed at the northwest corner of the site adjacent to the lake at the end of
the existing paved driveway that was previously cleared and re-vegetated.
- Applicant proposes to utilize said path to launch his boats. The IWC, at its 01/21/16
meeting found that boating is an as of right activity.
- Installation of concrete grass landscape pavers in said area is proposed as recommended
by Soil Scientist, Michael G. Schaefer, Sr. in a letter dated February 18, 2008 to prevent
rutting from trailer wheels traveling over path and to prevent any negative impact on
regulated areas.
- No additional work or activity is proposed in said area, which will be maintained in its
current re-vegetated state.
- The Applicant submitted revised plans detailing the construction sequence for the pavers,
including installation of appropriate soil erosion & sediment controls.
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CONSIDERATIONS FOR ACTION:
If the Commission is inclined to approve this application, the following language for a motion of
approval is suggested:
M O T I O N # 1 (A Motion to Approve)
After giving due consideration to all relevant factors, including those in Section 10 of the
Montville Inland Wetland Regulations and Section 22a-41 of the Connecticut General Statutes, I
move to approve application# 216IWC1 for 1399 Old Colchester Road (M44 L4-3), Oakdale,
CT, submitted by John Diamantini for the proposed installation of a 4’W x 90’L path consisting
of concrete grass landscape pavers for lake access/launching of boats as shown on a plan entitled
“Wetland Permit Modification, Wetland Mitigation Plan, Owner: John & Kim Diamantini, 1399
Old Colchester Road, Oakdale, CT, Prepared by May Engineering, Dated 08 Jan 2016, Revised
to 02/08/16” with the following conditions:
1. The proposed 280SF (4’x 90’) Path consisting of concrete grass landscape pavers shall
remain in a natural, vegetated state;
2. The proposed Path shall be used only in an incidental manner for lake access/launching
of boats;
3. The Path shall not be used for motorized vehicles (ATVs, etc.); and
4. The Wetlands Enforcement Officer shall conduct a final inspection prior to use of Path.
Standard Reasons for Approval:
1. The environmental impact of the proposed project does not have a significant effect on
the inland wetland's and watercourse's capacity to support fish and wildlife, to prevent
flooding, to supply and protect surface and groundwater, to control sediment, to facilitate
drainage, to control pollution, to support recreational activities, and to promote public
health and safety.
2. The Commission has determined that the relationship between the short-term uses of the
environment and the maintenance and enhancement of long-term productivity will have no
impact on the surrounding wetland system.
3. The proposed activity will not have irreversible and irretrievable commitments of
resources.
4. The proposed project will not change the character and or add degree of injury to, or
interference with, safety, health, or the reasonable use of property, including abutting or
downstream property.
5. The proposed activity use is suitable to the area.
6. The applicant has taken all feasible measures to mitigate the impact of any aspect of the
proposed regulated activity.
Data shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are
not responsible for any use for other purposes or misuse or misrepresentation of this map.
www.cai-tech.com
Data shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are
not responsible for any use for other purposes or misuse or misrepresentation of this map.
1399 Old Colchester Road Owner: Diamantini
Montville, CT
1 Inch = 300 Feet
January 21, 2016
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