TOWN OF KILLINGLY_ CT - Get as DOC by keara


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                              TOWN OF KILLINGLY, CT
                            AQUIFER PROTECTION AGENCY
                                SPECIAL MEETING
                               Monday, January 11, 2010
                                    **6:00 PM**
                                     Room 102
                                    Killingly Town Hall
                               172 Main Street, Danielson, CT


I.     CALL TO ORDER – Chairman Keith Thurlow called the meeting to order at 7:10 pm
II.    ROLL CALL - Keith Thurlow, Virge Lorents and Brian Card. John Larkin is expected
(7:53 pm) Mark Horvath and Joe Couture absent with notice.
IV.    CITIZENS’ COMMENTS - Citizen comments regarding items not subject to public
       hearing may be made at this time. – None

V.     ADOPTION OF MINUTES - December 14, 2009 Meeting Minutes - MOTION by
Virge Lorents to accept the December 14, 2009 Regular Meeting Minutes with changes outlined
by Virge Lorents and Linda Walden. SECOND by Brian Card with changes. Motion carried


A.     Application # APA-3-09-HE of R&M Realty Trust LLC dba Traveler’s Shell; 1095 North
       Main Street.

Mark Paquin presenting and representing R&M Trust LLC d/b/a Traveler’s Shell. Submission of
two Hazard Materials Management Plan from R&M Realty Trust, Bob Audette Inc. and Storm
Water Management Plan, which has been previously filed with the Town of Killingly by
Carpianoto – LaBossiere Property, LLC. Both plans reflect the contacts information for
Carpionato-LaBossiere and Traveler’s Shell. An amendment to Operations & Maintenance Plan
dated 1/1/2010, was filed with the Town of Killingly, which noted the change from Carpionato –
LaBossiere Property, LLC to 1095 North Main Street Condo Association. Mr. Paquin also said
the first condo association meeting will be held in April 2010.

Keith Thurlow asked about the cleanout basin. Mr. Paquin has highlighted this in the plan. This
is technically an oil water grit separator. 1095 North Main Street Condo Association will be
responsible for the maintenance of the separator. A document, which is part of the design of
Killingly Commons, shows the flow of the storm water off the property into a sediment basin
near Exit 93 of Route 395. The Dayville Fire Chief, John Jacoby, was also provided a copy of
this plan, in the event of a spill, which Mr. Paquin further discussed with Mr. Jacoby. The DOT
provided this map to Mr. Paquin. The sediment basins will be reviewed and cleaned out every
six months.
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Virge Lorents asked Linda Walden if there is a need to table further review of this Application, in
order for the Agency to further review these plans. – No.

Mr. Paquin also pointed out, while he was researching information in preparation for this
meeting, he noted that there should be a 4’x2’ sign near the remote fills, identifying that the
property is within the aquifer. He contacted the contractors/builders and made them aware of this
condition. They have provided a letter to the Agency and Town stating that they will get this

The last information that Mr. Paquin reviewed with agency members was regarding the wells
which had to be removed, roughly in 2002 or so. The only time that the DEP may come back to
this issue would be if someone makes a complaint. They may also come back to request some
test wells to be put around the spill area. Shell Oil would be responsible for this if in fact it did
happen. If there is another contamination, aside from the prior one, Mr. Paquin would be

All these documents will be filed and on record in the Town Hall.

MOTION by Brian Card to approve the registration of APA-3-09 –HE of R&M Realty Trust
LLC dba Traveler’s Shell with the following condition: All missing information, within the
plans, will be worked on and approved by Staff. SECOND by Virge Lorents. Motion carried.

B.     Application # APA-4-09-HE of Sam Wibberly Tire, Inc.; 18 Putnam Pike.

Linda Walden informed the agency that she has not received any information. She did, however,
receive a phone call from a consultant firm near Christmas time, asking what further information
was needed. She has not heard anything since that time. Virge Lorents asked if they are aware
that this is to be heard. Linda Walden said she has notified them in writing and reviewed the time
line regarding this application. Keith Thurlow said that if she puts together a list of what they
need, he will deliver this information to Wibberly’s. She will prepare this for him.

MOTION by Virge Lorents to table to the February 8, 2009 meeting, Application #APA-4-09-
HE of Sam Wibberly Tire Inc. SECOND by Brian Card. Motion carried unanimously.

C.     Application # APA-5-09-HE of Boudreau’s Welding Co., Inc.; 1029 North Main Street

Linda Walden stated that on January 6, 2010 a consulting firm, AEGIS, on behalf of Boudreau’s
Welding, did leave, at the Planning & Zoning Department, a Storm Water Management Plan and
Materials Management Plan. This was by the deadline requested. This is scheduled to be heard
at the February meeting in order for the Agency to review these documents.

MOTION by Virge Lorents to table to the February 8, 2009 meeting, Application #APA-5-09-
HE of Boudreau’s Welding Co. Inc. SECOND by Brian Card.

Keith Thurlow asked if all the information has been provided. Ms. Walden said that she has time
to briefly review this and feels that it is complete.
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Motion carried unanimously.

Linda Walden asked if they would like a representative present at the February meeting from
Boudreau’s, yes.

A.     Update on Pending Registrations – There are four outstanding registrations, Chucky’s
Gas Station/Saveway, Town of Killingly for the DPW garage, Dayville Mini-Storage, and Glen
and Patricia Lawton. She has received two applications submittals which are incomplete and do
not have any supporting evidence. Town of Killingly has submitted the application form with
very minimal information, however they did not provide a Materials Management Plan or a
Storm Water Management Plan. She said that she cannot request these, it will have to come from
the Agency.

MOTION by Virge Lorents to express to the Town of Killingly that they should provide the same
level of due diligence as private property owners.

Keith Thurlow suggested to Linda Walden that she send a letter to Town Engineer, Bruce
Chimento regarding the same.

Virge Lorents amended her motion to state that a letter to the Engineering Department of the
Town of Killingly asking for this same due diligence. SECOND by Brian Card. Motion carried

Dayville Mini-Storage – Linda Walden has been told by the property owner that the property has
been purchased. She will try to obtain some type of confirmation regarding the transfer of
property. She has not spoken with the new owner, however she feels that they will need some
time to comply. Discussion regarding what is being stored in the units and how this can be
confirmed and regulated, was heard. The Agency further discussed this application regarding an

MOTION by Virge Lorents to extend the time line of one month to Dayville Mini-Storage, to
allow for time to begin the application and to provide an outline of how they will manage the
regulation of the contents that will be stored in these units. SECOND by Brian Card. Motion
carried unanimously.

Chucky’s/Saveway - Linda Walden said that she has sent certified letters to all parties of record
with the DEP, regarding the registration. Virge Lorents said that there is no situation that would
warrant an extension. Linda Walden said that she is not aware of anything. Keith Thurlow asked
what the enforcement abilities regarding this type of situation. Linda Walden said that failure to
register prevents them from applying for any other regulated activity in the future. Filing would
be to the benefit of the owner.

Virge Lorents said that there were issues on this site, after they opened, that she had witnessed
regarding a pump that had been shut down and material soaking up some type of material. Linda
Walden said she would check into this.
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Keith Thurlow discussed having Linda Walden speak with the DEP to find out what the process
would be regarding compliance.

MOTION by Virge Lorents to allow Linda Walden to speak with DEP regarding the
enforcement/process regarding compliance of an applicant and then sending a letter to
Chucky’s/Saveway, explaining the procedure. SECOND by Brian Card. Motion carries.

Glen and Patricia Lawton of 1023 North Main Street. Linda Walden has received information
from Mrs. Lawton, however there is not a lot of information. Ms. Lawton called and said she is
the only owner of the property. She is only raising dogs which are not used for laboratory
testing. They do not have any type of storage on-site regarding the dog waste. It is removed by
her municipal garbage collector. This property may fall under the declaratory exemption. Keith
Thurlow asked how many dogs are on the property. Ms. Walden said there has been complaints
regarding this property and there are literally dozens of dogs. She further outlined the zoning of
this property. Ms. Lawton has invited Mr. Walden to inspect the property.

MOTION by Brian Card to allow Staff to have a site walk of the pending registration of Glen
and Patricia Lawton of 1023 North Main Street the property, and report back to the Agency at
next month’s meeting, regarding SECOND by Virge Lorents. Motion carried.

John Larkin arrived at 7:53 pm.

Set Next Meeting: Monday, February 8, 2010 at 6:30 pm

MOTION by John Larkin to adjourn at 7:t54 p.m. SECOND by Virge Lorents.

Respectfully submitted,

Karen M. Desrosier

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