Colin Pease, vice president of the HRR, described the importance of the Hawleyville terminal, noting that most railroads left Connecticut 30 to 40 years ago because most of the industries served by the railroad were gone.

The HRR survived by transporting commodities and today competes with the trucking industry.

He said the application refers to the extension of railroad tracks the HRR needs to stage cars, moving equipment and materials to and from the cars. He said the application was specifically not about building a waste transfer station.

Bill Walters, Licensed Civil Engineer and Land Surveyor, John Paul Garcia and Associates, Bethany, presented maps to illustrate the area and described plans to extend the track 900 feet.

He said the HRR has started work on 350 feet of track, adding fill to a depth of eight feet.

The fill will not be paved, helping with water retention and decreasing runoff to the small areas of wetlands around the new track. He said the HRR intends to leave that area in its natural state.

He presented plans to use water quality retention basins to mitigate a 100-year storm. He also referred to catch basins the HRR will add to the area.

Commission Chair Anne Peters asked Mr. Walters to indicate on his map where the fill violation occurred and asked him to provide a description of the functionality of the wetlands.

When she asked how wetlands would be protected during construction, Mr. Walters said hay bales and other erosion prevention tools would be used.

Commissioner Philip Kotch noted the map appears to indicate filling will occur within ten feet of wetlands and Mr. Walters confirmed that it would.

Ms. Peters referred to a violation in 2007 when expressing a concern that debris blowing out of the railroad cars could enter the wetlands. She asked Mr. Walters to describe barriers the HRR will use to protect the wetlands.

Mr. Kotch said he was dissatisfied with the plans because he could not identify wetlands from the tracks and asked for detailed drawings of the catch basins.

Ken C. Stevens, Jr., Soil Scientist, Cheshire, on behalf of the HRR, gave the results of his inspection on September 23.

Mr. Stevens described four wetland areas, three on the site and one off, and a tributary of Pond Brook that flows through the site.

He said the HRR had reviewed feasible and prudent alternatives, revising plans and removing fill near the first wetlands to reduce the impact.

HRR has added a 15-inch discharge pipe to move water into the larger wetlands area, treating pollutants.

He described a line of white pines the HRR will add to the area, providing value for wildlife and acting as a screen for neighbors. Wildlife plantings will be added to the water quality basins.

Mr. Stevens said he does not expect erosion once the fill is stabilized. In a perfect world, the work would be pulled back further from the wetlands.

Director of Planning and Land Use George Benson said the commission does not know whether or not there are wetlands beneath the fill.

Mr. Stevens said, in his professional opinion, his assumption is that there haven't been wetlands in that area in the 100 years the railroad has operated there. Before that time, he does not know.

He added that Mr. Benson could refer to his own wetlands map for information.

Mr. Benson responded that the Geographic Information System map shows wetlands beneath the fill and that is the basis for his concern.

At Ms. Peter's request, Mr. Stevens said he would gather more information for the commission.

She thanked him, saying the commission may ask for mitigation and restoration plans, so it was important to identify what has been lost.

Commissioner Katja Pieragostini suggested moving the track south, away from the wetlands.

Mr. Stevens said that was an example of the information the HRR will want to take back and discuss. The railroad has rights by law but wants to be a good neighbor.

He added, "I'm sure this hearing will be extended for another month."

Rob Sibley, deputy director, Newtown Land Use Agency, asked the HRR to provide several items to the commission, including an examination of the fill and pre, current, and post activity reports.

He noted that the impacted wetlands are .085 acres and, according to policy, destroyed wetlands must be restored at one and a half times the original area

It behooves the HRR to show mitigation plans and storm water basins cannot be used for that purpose, he noted.

Conservation Official Ann Astarita expressed concern over the practice of using off-site wetlands to accept discharge from the railroad's property.

She walked the site earlier in the day and noted a high potential for spillage from the heavy equipment in the area.

Ms. Peters then invited comments from the public.

Attorney Keith Ainsworth, Evans, Feldman, and Ainsworth, represented Katherine and Howard Winkler, owners of the larger wetlands that the HRR intends to use to treat pollutants.

He told the commission that the Winklers have filed an intervention application because they feel there is a potential for unreasonable impact to wetlands.

He submitted scientific reports that show the fill has crossed the property line, adding the HRR has shown a proclivity to hide behind exemptions.

He said the commission needs to give specific instructions to the HRR, noting this is not an application but a violation.

He introduced Dr. Steven Danzer, Ph.D., Soil Scientist, Stamford, who shared photographs that illustrate the impact to the Winklers' property.

First Selectman Joseph Borst said he was very concerned about the quality of water on the site. He strongly urged the commission to keep an eye on the site.

Dina Wolfman, 30 Obtuse Rd., asked who would be responsible for the maintenance of the catch basins.

Ross Carly, 66 Currituck Rd., a member of the Lake Lillinonah Authority executive board, expressed concern for Pond Brook because water from Pond Brook feeds into Lake Lillinonah and then into Lake Zoar.

He said the LLA board is short on funds for water quality testing and is constantly fighting to keep the water clean.

Jim Ruopp, 46 Hawleyville Rd., was alarmed with the dramatic scale of the operation and said the pond level has diminished based on information from students who have studied the trout in that sensitive area.

Ms. Peters asked him to share the students' data with the commission.

Kevin Fitzgerald, Old Farmhill Road, said the project is a poster child for "NIMBY" and that the best predictor of future behavior is past. He told the commission, "Let's fix the problem they made."

James Gaston, a member of the Board of Finance, said the HRR's record shows a lack of credibility, noting the credibility of experts and information is key in this situation.

Ms. Peters clarified that it is common for violators to not only present mitigation plans but also the plans they should have submitted to avoid the violation.

In other business, the commission unanimously denied an application by William Joyce for a 38-lot subdivision on Sherman and Berkshire Roads.

The applicant had not provided detailed alternative plans as requested and lacked information to address the impact to wetlands on the property.

The commission unanimously approved an application by H&F, LLC, for a single-family residence at Lot 3, Jet Brook Road. The commission had approved the original five-lot subdivision 10 years ago but the five-year term of the permit had lapsed.

The commission accepted a restoration plan from Jeremy Frommer's representative to remove a violation at 63 Taunton Lake Rd. The plans indicated Mr. Frommer would plant native saplings to replace those he cut down.

Alan Laurenco, 56 Schoolhouse Hill Rd., resubmitted an application to address an oil leak which moved from his basement into wetlands via a drain. The commission will walk the property and address the application at the next meeting.

The commission unanimously approved an application by Sam Capon at 61 Taunton Lake Rd. to create a grassy lawn in an area that is currently full of boulders.