Aquifer Protection Agency

Regular Meeting

Norwalk, CT · June 11, 2025

Minutes

CITY OF NORWALK AQUIFER PROTECTION AGENCY - MEETING MINUTES June 11, 2025 PRESENT: Galen Wells, Chair; Louis Schulman; Chapin Bryce; Jacquen Jordan-Byron; Darius Williams; Diana Lenkowsky; Ana Tabachneck STAFF: Alexis Cherichetti I. CALL TO ORDER The meeting was called to order at 6:00 p.m. It should be noted that this meeting was held on Zoom.com with participants calling in separately. II. ROLL CALL Ms. Cherichetti called the roll. III. SEATING OF ALTERNATES Chairman Wells noted Ms. Lenkowsky and Ms. Tabachneck would be seated for all items. IV. REGISTRATION APPLICATIONS A. Pending Applications for Registration Ms. Cherichetti noted there were three items on the agenda. All were pending registrations that staff determined are not complete. She reiterated that applications are either accepted as complete or rejected as incomplete. The Agency determination of incompleteness and rejection stops the application from being automatically accepted after a certain time period. 1. #RA25-112 – 4 Broad Street – Magg’s Autobody LLC – APA Registration application for active vehicle repair facility Ms. Cherichetti described the property and the existing stormwater management system. She displayed a survey of the property and noted the interior drains shown on the plan have since been capped but the exterior catch basin and drywell remain. Aerial photographs of the facility were also reviewed. In keeping with the current focus to confirm stormwater systems meet all Aquifer best management practices (BMPs), she stated that this facility had specific physical conditions that would make it a candidate for a stormwater management plan (SWMP) requirement. Mr. Shulman asked about what procedures could the Agency employ if they determine an application is incomplete, give a new deadline to complete and the facility fails to complete the application by the new deadline. Ms. Cherichetti noted it was up to the Agency to determine the amount of leniency they were willing to provide, but if there was clear non-compliance by the operator/applicant, they could initiate enforcement action. There was a brief discussion regarding enforcement and fines for non-compliance. Ms. Wells asked if staff provided information and guidance to applicants regarding what a SWMP should cover. Ms. Cherichetti noted that they were now providing a clearer directive for what a SWMP typically covers. Mr. Shulman lamented the lack of participation at the meeting by the applicants. Ms. Cherichetti noted that previously APA meetings were pressed into just 15 minutes, leaving no time for applicant input. She noted that applicants did not receive Zoom invites. She also Aquifer Protection Agency - Minutes June 11, 2025 Page 1 of 3 noted the applications are either accepted or not – they are not up for approval like a P&Z application would be. *** MR. SCHULMAN MADE A MOTION TO REQUIRE A STORMWATER MANAGEMENT PLAN, REJECT THE CURRENT APPLICATION AS INCOMPLETE UNTIL SUCH SWMP IS COMPLETED AND PROVIDED A DEADLINE OF SEPTEMBER 17, 2025 FOR THE REGISTRANT TO PROVIDE A COMPLETE REGISTRATION. *** MR. BRYCE SECONDED THE MOTION. *** MOTION PASSED UNANIMOUSLY. 2. #RA25-115 – 283 Main Avenue – Global Montello Group Corp d/b/a Global Station #175 – APA Registration application for active underground storage/transmission of petroleum and retail oil or petroleum dispensing. Ms. Cherichetti stated this facility has already employed a professional environmental consultant to assist them with their application. The application remains incomplete in regards to its maintenance of its stormwater management system and updated the written Materials Management Plan (MMP) to more accurately reflect existing conditions and to provide clearer guidance for operation, maintenance and disposal of stormwater and waste. She displayed the approved site plan from 2003 that showed the installed stormwater management system which includes conveyance to a swirl separator and underground retention galleries in the rear of the property. She noted the site plan in the MMP lacked this information. She stated the applicant is proposing to install oil-absorbent filter inserts within the three catch basins, which would provide a more robust treatment train for the runoff on the site. She noted other items that just need to be updated within the MMP to reflect actual current conditions at the facility. Ms. Jordan-Byron asked if fines could be imposed if the facility does not complete everything by the new deadline. Ms. Cherichetti noted there was no indication the facility was not actively working to complete the application. Ms. Jordan-Byron and Ms. Tabachneck expressed dismay that the application was not yet complete and asked about the available enforcement steps. Ms. Cherichetti described the current enforcement process that would be initiated if it was needed. There was agreement among Agency members that staff’s letter to respondents should also include a paragraph that stresses that not meeting the deadline for completeness would lead to initiation of formal enforcement action. *** MR. SCHULMAN MADE A MOTION TO REJECT THE CURRENT APPLICATION AS INCOMPLETE UNTIL THE INFORMATION DESCRIBED BY MS. CHERICHETTI IS COMPLETED AND PROVIDED A DEADLINE OF AUGUST 27, 2025 FOR THE REGISTRANT TO PROVIDE A COMPLETE REGISTRATION. *** Ms. TABACHNECK SECONDED THE MOTION. *** MOTION PASSED UNANIMOUSLY. 3. #RA25-117 – 27 Broad Street – Wesco, Inc. – APA Registration application for the active repair/maintenance of vehicles or internal combustion engines of vehicles and active underground storage/transmission of petroleum and retail oil or petroleum dispensing for the purpose of retail, wholesale or fleet use Ms. Cherichetti reviewed the location of this facility. She listed the minor items that need to be corrected, added or constructed prior to being considered complete. Aquifer Protection Agency - Minutes June 11, 2025 Page 2 of 3 Ms. Cherichetti added the staff recommendation to reject and give a deadline is not an indication of facility inaction or non-compliance, but it prevents any unintended acceptance if the decision timeframe is exceeded. *** MR. SCHULMAN MADE A MOTION TO REJECT THE CURRENT APPLICATION AS INCOMPLETE UNTIL THE INFORMATION DESCRIBED BY MS. CHERICHETTI IS COMPLETED AND PROVIDED A DEADLINE OF AUGUST 27, 2025 FOR THE REGISTRANT TO PROVIDE A COMPLETE REGISTRATION. *** MR. WILLIAMS SECONDED THE MOTION. *** MOTION PASSED UNANIMOUSLY. V. DISCUSSION a) Discussion regarding APA Citation & Fine Ordinance Ms. Cherichetti stated she had minimal progress to report, but would be reaching out to the Ordinance staff to get draft language in writing prior to the next APA meeting. VII. APPROVAL OF MINUTES a) April 16, 2025 meeting minutes *** MR. SCHULMAN MADE A MOTION TO ACCEPT THE MEETING MINUTES OF APRIL 16, 2025. *** MR. WILLIAMS SECONDED. *** MOTION PASSED UNANIMOUSLY WITH TWO ABSTENTIONS (BRYCE, TABACHNECK). There was discussion regarding the scheduling of APA meetings, with the consensus that a meeting date separate from scheduled P&Z Commission meetings preferred. Meeting the second Wednesday of the month, as needed, was determined to be generally a good date to meet. VII. ADJOURNMENT *** MR. WILLIAMS MADE A MOTION TO ADJOURN. *** MR. BRYCE SECONDED. *** MOTION PASSED UNANIMOUSLY. The meeting was adjourned at 6:40PM. Aquifer Protection Agency - Minutes June 11, 2025 Page 3 of 3

Agenda

Packet

SPECIAL MEETING – AQUIFER PROTECTION AGENCY AGENDA JUNE 11, 2025, 6:00 PM BY ZOOM VIRTUAL MEETING To allow public access, anyone may access a meeting by telephone and/or Zoom, or a recording in the City of Norwalk YouTube channel. Specific instructions and links can be found at norwalkct.gov/meetings. Members of the public who wish to provide verbal comments on a specific application can do so if a public hearing on the application is scheduled. Please review the instructions for public participation here: NorwalkCT.gov/meetings. Members of the public who wish to provide written comments on a specific application can do so if a public hearing on the application is scheduled. Participants are encouraged to submit written comments via email in advance of the meeting. For these comments to be included into the record, they must be submitted at least three hours in advance of the meeting start time. Please email Alexis Cherichetti at acherichetti@norwalkct.gov with the subject line “Public Comment” to provide written public comment prior to the meeting. I. CALL TO ORDER II. ROLL CALL III. SEATING OF MEMBERS IV. REGISTRATION APPLICATIONS A. Receipt of New Applications for Re-Registration - Review and Decision B. Pending Applications for Re-Registration 1. #RA25-112– 4 Broad Street – Magg’s Auto Body, LLC – APA Registration for the active repair/maintenance of vehicles (action by May 21, 2025 meeting) 2. #RA25-115 – 283 Main Avenue – Global Montello Group Corp. d/b/a Global Station #175 – APA Registration for the active underground storage/transmission of petroleum and retail oil or petroleum/oil dispensing for the purpose of retail, wholesale or fleet us (action by May 21, 2025 meeting) 3. #RA25-117 – 27 Broad Street – Wesco, Inc. – APA Registration application for the active repair/maintenance of vehicles or internal combustion engines of vehicles and active underground storage/transmission of petroleum and retail oil or petroleum dispensing for the purpose of retail, wholesale or fleet use (action by May 21, 2025 meeting) V. DISCUSSION Page 1 of 6 A. Discussion regarding APA Citation & Fine Ordinance VI. ACCEPTANCE OF MINUTES A. April 16, 2025 meeting minutes VII. ADJOURNMENT Page 2 of 6 CITY OF NORWALK AQUIFER PROTECTION AGENCY - MEETING MINUTES April 16, 2025 PRESENT: Galen Wells, Chair; Louis Schulman; Diana Lenkowsky; Tammy Langalis; Richard Roina; Nick Kantor; JJ Abrams (5:58PM); Darius Williams (6:03PM) STAFF: Alexis Cherichetti I. CALL TO ORDER The meeting was called to order at 5:55 p.m. It should be noted that this meeting was held on Zoom.com with participants calling in, separately. II. ROLL CALL Ms. Cherichetti called the roll. III. REGISTRATION APPLICATIONS Receipt of New Applications for Re-Registration – Review and decision Ms. Cherichetti noted the first three new registrations were for grandfathered facilities that are currently inactive or vacant. She explained the State Regulations allow facilities a 5-year inactive grace period where they can register as a placeholder, however if not regulated activities are occurring by the next registration deadline, the facilities will be removed from the grandfathered list and will be ineligible for conducting future regulated activities. 1. #RA25-114 – 30 Muller Avenue – Fallon’s Land & Lawn, LLC. – APA Registration application for inactive oil or petroleum dispensing for the purpose of fleet use (action by August 20, 2025 meeting) Ms. Cherichetti noted the business was still operating from this location, but staff determined the business no longer conducted regulated activities. She noted the application was complete. *** MR. SCHULMAN MADE A MOTION TO ACCEPT REGISTRATION APPLICATION #RA25-114 AS COMPLETE. *** MS. LANGALIS SECONDED. *** MOTION PASSED UNANIMOUSLY WITH TWO ABSTENTIONS (ABRAMS & WILLIAMS). 2. #RA25-118 – 17 Broad Street – Broad Properties, LLC - APA Registration application for inactive production of chemicals and on-site storage of hazardous materials for wholesale (action by August 20, 2025 meeting) Ms. Cherichetti explained the former tenant, FinishMaster, had vacated the premises and the property owner wished to file a Registration as a vacant facility. It was noted that if no tenant that conducted regulated activities by the next registration deadline at the site, the site would no longer be eligible for registration. *** MS. LANGALIS MADE A MOTION TO ACCEPT REGISTRATION APPLICATION #RA25-118 AS COMPLETE. *** MR. SCHULMAN SECONDED. Aquifer Protection Agency - Minutes April 16, 2025 Page 1 of 4 Page 3 of 6 *** MOTION PASSED UNANIMOUSLY WITH TWO ABSTENTIONS (ABRAMS & WILLIAMS). 3. #RA25-119 – 5 Ruby Street – 1620 Ruby St LLC – APA Registration application for inactive pest control services (action by August 20, 2025 meeting) Ms. Cherichetti stated this location formally housed TLC Tree Services which conducted pest control services, however that business was no longer in operation. The owner of the property wished to register as a vacant facility. *** MR. SCHULMAN MADE A MOTION TO ACCEPT REGISTRATION APPLICATION #RA25-119 AS COMPLETE. *** MS. LENKOWSKY SECONDED. *** MOTION PASSED UNANIMOUSLY. 4. #RA25-120 – 259 Main Avenue – Chris’s Auto Repair – APA Registration application for the purpose of retail, wholesale or fleet use and the repair or maintenance of vehicles (action by August 20, 2025 meeting) Ms. Cherichetti indicated this Registration Application for an active auto body repair facility was complete. *** MS. LANGALIS MADE A MOTION TO ACCEPT REGISTRATION APPLICATION #RA25-120 AS COMPLETE. *** MR. SCHULMAN SECONDED. *** MOTION PASSED UNANIMOUSLY. B. Pending Applications for Registration In an effort to complete the meeting prior to the scheduled start of the P&Z Commission meeting, Ms. Cherichetti asked if the Agency would like to take action on items #1-4 together. She noted they had all been on the agenda previously and the need for a stormwater management plan had been discussed. In order to stay the 180-day deadline to act, Ms. Cherichetti recommend the Agency formally make the finding that a Stormwater Management Plan is required, that the application is currently incomplete, and to set August 20, 2025 as the deadline to complete the applications. Ms. Abrams questioned the addresses noted for the two gas stationed owned by Global. She noted she was aware of only one on Main Avenue and perhaps the other station should be noted as Main Street. 1. #RA24-98 – 347 Main Avenue – Global Montello Group Corp. d/b/a Global Service Station #7180 – APA Registration application for active underground storage/transmission of petroleum and retail oil or petroleum dispensing (action by April 16, 2025 meeting 2. #RA24-104 – 255 Main Avenue – Nina & Marco, Inc. – APA Registration application for active repair/maintenance of vehicles and active underground storage/transmission of petroleum and retail oil or petroleum dispensing (action by May 21, 2025 meeting) 3. #RA25-108 – 18 Pearl Street – L, F and P, Inc. – APA Registration application for active repair/maintenance of vehicles and active underground storage/transmission of petroleum and retail oil or petroleum dispensing (action by May 21, 2025 meeting) Aquifer Protection Agency - Minutes April 16, 2025 Page 2 of 4 Page 4 of 6 4. #RA25-109 – 277 Main Avenue – Croce’s Transmission Specialists, LLC – APA Registration for active repair/maintenance of vehicles or internal combustion engines of vehicles and active underground storage/transmission of petroleum and oil for the purpose of retail, wholesale or fleet use (action by May 21, 2025 meeting) *** MS. LANGALIS MADE A MOTION TO REJECT APPLICATIONS #RA25-98, #RA25-104, #RA25-108, AND #RA25-109 AS NEEDING A STORMWATER MANAGEMENT PLAN AND BEING CURRENTLY INCOMPLETE. *** MS. LENKOWSKY SECONDED. *** MOTION PASSED UNANIMOUSLY. Ms. Cherichetti noted items # 5, 6, and 9 were all complete and eligible to be accepted. 5. #RA25-110 – 25 Perry Avenue – Jared Manufacturing Co., Inc. – APA Registration application for the production or fabrication of metal products (action by May 21, 2025 meeting) 6. #RA25-111 – 25 Perry Avenue – Professional Graphics, Inc. – APA Registration application for printing, plate making, lithography, photoengraving or gravure (action by May 21, 2025 meeting) 9. #RA25-116 – 126 New Canaan Avenue – Broad River Landmark, LLC – APA Registration application for inactive dry cleaner (action by May 21, 2025 meeting) *** MR. WILLIAMS MADE A MOTION TO ACCEPT REGISTRATION APPLICATIONS #RA25-110, #RA25-111, AND #RA25-116 AS COMPLETE. *** MR. SCHULMAN SECONDED. *** MOTION PASSED UNANIMOUSLY. There was discussion regarding the lack of time to spend on review of the applications. Ms. Cherichetti suggested a Special Meeting in May that was not scheduled immediately prior to the P&Z Commission meeting so staff had time to present the applications and the Agency members would have time for questions and discussion. Ms. Wells suggested a postponement on any action for the three remaining items on the agenda. 7. #RA25-112– 4 Broad Street – Magg’s Auto Body, LLC – APA Registration for the active repair/maintenance of vehicles (action by May 21, 2025 meeting) 9. #RA25-115 – 283 Main Avenue – Global Montello Group Corp. d/b/a Global Station #175 – APA Registration for the active underground storage/transmission of petroleum and retail oil or petroleum/oil dispensing for the purpose of retail, wholesale or fleet us (action by May 21, 2025 meeting) 10. #RA25-117 – 27 Broad Street – Wesco, Inc. – APA Registration application for the active repair/maintenance of vehicles or internal combustion engines of vehicles and active underground storage/transmission of petroleum and retail oil or petroleum dispensing for the purpose of retail, wholesale or fleet use (action by May 21, 2025 meeting) V. DISCUSSION a) Discussion regarding APA Citation & Fine Ordinance Aquifer Protection Agency - Minutes April 16, 2025 Page 3 of 4 Page 5 of 6 Ms. Cherichetti stated she had no further update at this time. VII. APPROVAL OF MINUTES a) February 19, 2025 meeting minutes *** MS. LANGALIS MADE A MOTION TO ACCEPT THE MEETING MINUTES OF FEBRUARY 19, 2025. *** MR. SCHULMAN SECONDED. *** MOTION PASSED UNANIMOUSLY WITH THREE ABSTENTIONS (WILLIAMS, ABRAMS & KANTOR). VII. ADJOURNMENT *** MR. SCHULMAN MADE A MOTION TO ADJOURN. *** MS. LANGALIS SECONDED. *** MOTION PASSED UNANIMOUSLY. The meeting was adjourned at 6:19PM. Aquifer Protection Agency - Minutes April 16, 2025 Page 4 of 4 Page 6 of 6