Inland / Wetlands & Water Courses Agency

REGULAR MEETING OF THE INLAND WETLANDS AND WATERCOURSES AGENCY MIDDLETOWN CONNECTICUT NOVEMBER 6, 2019 Present: Commissioner Joe Carta Commission Robert Whitney Commissioner Paul Dyka Commissioner Ken McClellan Commissioner Jammie Middleton Commissioner Fred Terrasi Commissioner Trevor Larrubia Commissioner Jennifer Greenberg Commissioner David Pritchard Absent: Commissioner Gabriel Russo Commissioner Jack Pieper Commissioner Trevor Davis Commissioner Kayleigh Pratt Commissioner Constance Kisluk Staff: Christine Raczka Marquis, Planning/Environmental Specialist A. Call to Order / Pledge of Allegiance The meeting was called to order at 7:02 PM with the Pledge of Allegiance. All members are voting members. B. Public Hearing 1. Proposed subdivision at Ridgewood Road (corner of Mile Lane) within the upland review area. Applicant/agent Sunwood Development Corp/Old Colony of Wallingford, LLC 19-09 (Date of receipt: October 2, 2019 Scheduled Public Hearing on 11/6/19) Bob Wheaton Jr, owner of the property gave the Commission an overview of the proposed project including some background on the property, general site description, the lots that were already approved, and then the current proposed project. Bob Wheaton reviewed the six proposed activities in the upland review area. The owner for Lot #1 along Mile Lane, would like to expand the lawn area into the upland review area to square off the lot. The owner discussed their reasons as to why they would like to have the lots squared off 1 including making it easier for future enforcement, they can make future owners aware of the boundaries and can help easily help distinguish the wetland boundary. Another proposed activity along Mile Lane is to extend the culverts on Mile Lane and bring the sewer system to the four proposed homes. There will be a temporary disturbance in the area while the contractor installs the sewer system. After the sewer is installed the area will be replanted and returned to a natural state. The owner then described the three proposed houses along Talias Trail. The applicant explained why they reduced the proposal from four houses to three houses along the cul de sac. The owner then describe the proposed lots and impacts to the review area along the southern end of Ridgewood Rd. The activity along Lot #19 is minor grading and driveway installation and a temporary disturbance while the contractor connects the lot to the sewer line. The applicant is proposing another temporary disturbance on Lot #18 while they connect that home to the sewer system. The final activity is to add a lawn area (Lot #15) to the east side of the proposed lots on Ridgewood Road. The applicant stressed that this is the extent of the development on this property. The additional areas not outlined in green will be conserved. The owner also addressed the City Engineers comments about the proposed project. The Chairman Joe Carta then opened the Public Hearing Session. Norman Karin, Birchwood Drive, discussed the previous hearing and permit that was issued for the current 14 building lots. He expressed a concern that a wetland assessment was done and the current and proposed lots with the use of fertilizer and pesticides from residents would have an impact to the wetlands and the stream down gradient from the site. Stephen, Ridgewood Rd, mentioned that there was an eagle living in the area and was wondering if anyone had looked into that further or researched any impacts to the wildlife in the area. He also wanted the commission to think about reducing the number of proposed houses. Another concern he brought to the commission was that there were paint cans along Mile Lane from the current construction activities. Mark Custosen, 609 Ridgewood Rd, wanted to address the amount of fill that was proposed for the current construction activities. He recalled that the developer had said very little fill would be brought in but he has seen over a thousand trucks of fill. He wanted to know if that was what would happen with the proposed lot. Chairman Joe Carta asked if the applicant would like to address any of the comments/questions made by the public. The applicant said that the lawn areas that they are requesting still leave a fairly generous buffer from the wetlands and that the environmental scientist they worked with felt they had adequately protected the wetlands on site. He also stated that he would be open to having a note on the properties that would like the pesticide/fertilizer use on the proposed lots but was concerned about how it would be enforced. The environmental impact assessment also indicated that there would be limited impacts to the plants and animals in the area. The applicant said he would discuss the paint cans and other sediment and erosion control issues along Ridgewood Rd with the site manager. The applicant also addressed the amount of 2 fill that was brought in and said that they are getting clean fill from various sources including the City of Middletown. He explained where the fill for the proposed project is going and why. Commissioner Bob Whitney asked the applicant about the yard drains at the four houses along Mile Lane. The applicant of the property said that they are planning on extending the yard drains closer to the 100ft review area. Commissioner Bob Whitney asked the applicant to explain the purpose of the yard drains. The applicant explained that the drains were footing and gutter drains that would discharge out on to a level spreader that was at grade. Commissioner Bob Whitney then asked if they would be creating swales between each house since the houses are at such a steep grade. The applicant said yes they are planning on putting in swales and drains to protect the houses from the roof drainage. Commissioner Bob Whitney then asked the applicant to elaborate on the conservation land. The applicant explained that he had been in discussions with the City but if those don’t work out they would look for an alternative means to hold the land in conservation. Commissioner Bob Whitney then asked about the houses along the cul de sac. The applicant said that they are still working on incorporating some of the City Engineers comments. The Commissioner expressed some concerns over the grading and drainage from the houses. The applicant said that to address this they are putting in sump pumps. The applicant is hoping they can elevate the houses so the drains are able to use gravity to remove the roof runoff rather than a pump. Commissioner Fred Terrasi said that he noticed a lot of erosion and that about 50% of the silt fence is gone. He asked that the contractor update his silt fencing, consider a double silt fence, and add hay bales. The Commissioner was also concerned about the fill that was currently being used. He also asked if the contractor could move the four proposed house 50-100 ft west since they were the closest to the wetlands and he is concerned about any of the erosion/runoff getting into the wetlands. Commissioner Fred Terrasi said that the wetland flags were missing from the property. Bob Wheaton, addressed the sediment and erosion control issues and said he would improve their silt fence at the current site and in the future. He also said that he would look at shifting the lots along Mile Lane up but needs to look at the frontage. Chairman Joe Carta asked Bob Wheaton to address some of Public Works comments. Bob Wheaton explained those concerns and how they relate to the proposed lots along Talias Trail. Commissioner Joe Carta then asked about the lots near the pond. The property owner explained the design and where the lawn areas would be in relation to the wetlands. The Chairman then asked if there was anyone from public who wanted to speak before the public hearing was closed. Norman Karin asked if the owner had a soil analysis done on the property. The Commission and the owner said yes that there was a report done by a soil scientist. Mark Custosen, 609 Ridgewood Rd, said that a major source of the sedimentation was in the street since the street was never cleaned. 3 Commissioner Bob Whitney asked if there was a soil map done on the subdivision. Christine Raczka Marquis said that their soil scientist delineated the wetlands but there is not a soil report in the updated report. Commissioner Fred Terrasi would like all the wetlands flags to be updated. Bob Wheaton explained that the soil scientist did not replace the wetlands flags for this application and they did not have the soil test redone. He did say that if the Commission wanted to extend his public hearing, he would have a surveyor come out and reflag the wetlands and fix his sediment and erosion control measures at the site. Commissioner Whitney explained that the flags are important for the commission but also for the construction crew. Chairman Carta then asked the commission members if they wanted to keep the public hearing open for another month. Commissioner Fred Terrasi said yes that he would like to keep it open. Commissioner McClellan agreed with Fred Terrasi that the public hearing should stay open since the public had expressed concern over the current site. Ken McClellan made a motion to continue the public hearing to December 4, 2019. The motion was seconded by Jennifer Greenberg and passed unanimously. 2. Proposed paving of existing gravel parking area and driveway within the 100 foot upland review area at 175 Industrial Park Road. Applicant/agent Kronenberger & Sons Restoration, Inc. 19-10 (Date of Receipt: October 2, 2019; Scheduled Public Hearing on 11/6/19) Frank Magnotta, Consulting Engineer, gave an overview of the site and the proposed project. The Chairman asked if there was anyone from the public that wanted to speak. Since there was no one from the public the Chairman than opened it up to the Commission Commissioner Bob Whitney asked if the applicant was doing any bank stabilization. Frank Magnotta replied that they are currently not proposing to have any bank stabilization but that the owner is aware that they will need to in the future. Commissioner Bob Whitney then asked about the sheet flow from the parking lot. Frank Magnotta addressed the commissioner questions about the sheet flow and the water quality trenches. Commissioner Ken McClellan asked about the changes in the stormwater and if there was a report. Frank replied that yes there was a report that was done and sent to the City engineer. Commissioner David Pritchard asked Frank to explain some of the drainage features on the site plan. Frank Magnotta addressed David’s concerns. Commissioner Ken McClellan made a comment about erosion to the property due to the river. Frank Magnotta and Christine Raczka Marquis explained that they both had discussed some options with the property owner about future erosion control measures including bank stabilization and putting in a retaining wall. Commissioner Fred Terrasi asked if there were any catch basins or oil and girt separators being proposed. Frank said no there were not, but he had designed all the stormwater to be directed into the water quality trenches. Commission Robert Whitney made a motion close the public hearing. The motion was seconded by Ken McClellan. The motion passed unanimously. 4 Commissioner Bob Whitney made a motion to approve the project. The motion was seconded by David Pritchard and passed unanimously. C. Old Business D. New Business 1. Proposed construction of single family dwellings on two building lots at 584 Atkins Street within the 100 foot Upland Review Area. Applicant/agent Coccomo II, LLC 19-08 (Date of Receipt: November 6, 2019) The Commission discussed whether or not the application needed a public hearing. The Commission decided that it did require a public hearing because there are significant wetlands nearby. The public may also have comments on this application. Commissioner Bob Whitney made a motion to schedule the application for a public hearing at the next scheduled meeting (12/4). The motion was seconded by Jennifer Greenberg. The motion passed unanimously. 2. Proposed construction of a 2,150 sq. ft. building addition, 25 parking space expansion and associated stormwater management improvements within the 100 foot upland review area at 811 Middle Street. Applicant/agent Consulting Engineering Services/KLSD, LLC 19-12 (Date of Receipt: November 6, 2019) The Commission accepted the application for agency review on December 4, 2019. The motion was made by Ken McClellan and seconded by Fred Terrasi. The motion passed unanimously. 3. Proposed construction of a townhouse building, access drive, storm drainage underground chamber system, stomwater management area/rain garden and utilities location at Lots 104 & 105 West & Middlefield Streets within the 100 foot upland review area. Applicant/agent Del Favero Associates, Inc. 19-13 (Date of Receipt: November 6, 2019) Commissioner Bob Whitney made a motion to accept the application for a public hearing on Dec. 4, 2019. The motion was seconded by Ken McClellan and passed unanimously. E. Agency Review Christine told the Commission that she would not be here next month as she will be on maternity leave. F. Reports of Officers and Committees and WEO Report NA G. Public Open Forum John DeSena brought to the Commissions attention that there was an application of concern going in front of the Zoning Board of Appeals. The Commission had previously approved the site for a retail shop but that function had changed to a car repair facility. John DeSena was concerned that the Commission was not made aware of this change. Commissioner Ken McClellan made a motion to request that ZBA hold off on their decision until IWWA has a chance to review the modified plans and change in use. If the function has not changed IWWA does not have an issue. If it has changed it should come back to IWWA prior to other decisions being made. The motion was seconded by David Pritchard and passed unanimously. 5 H. Minutes- September 4, 2019 The Commission made slight changes to the minutes of last month’s meeting. Commissioner Paul Dyka made a motion to accept the minutes with the changes. The motion was seconded by Ken McClellan. Commissioners Jennifer Greenberg, Trevor Larrubia, and David Pritchard abstained from voting. The motion passed unanimously. I. Communication and Bills NA J. Adjournment Ken McClellan made a motion to adjourn the meeting. The motion was seconded by David Pritchard and passed unanimously. Respectfully submitted, Christine Raczka, Environmental Planning Specialist 6