Inland Wetlands, Water Courses & Conservation Commission

DRAFT CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION April 3, 2008 REGULAR MEETING MINUTES 23 Union Street, Norwich, CT Agenda Items A, B & C – Call To Order, Roll Call, Determination Of Quorum: Chairman Raymond Baribeault called the meeting to order at 7:00 p.m. Present: Raymond Baribeault, Chairman Richard Morell, Vice Chairman Jeremiah Lowney Douglas Lee Arthur Sharron, Alt. Brandon Hyde, Alt. (7:02pm) Robert McCoy, Alt. (7:02pm) Absent with notification: Barbara Rothstein, Ralph Page Also Present: Michael Schaefer, City Planner Roberta Lane, Recording Secretary A quorum was present and all members present voted. D. Minutes: Upon motion by Richard Morell and second by Arthur Sharron, the Commission voted unanimously to APPROVE the minutes of the March 6, 2008 regular meeting. E. Communications: 1. Connecticut Wildlife Magazine – March/April 2008 2. Eastern Connecticut Conservation District-Newsletter The Commission voted unanimously to ACCEPT the Communications. F. Public Hearings: None G. Old Business: 1. IW-URA- 08-04 – 54 Andrea Lane - Application of Lester Gorin – for the construction of a single-family dwelling and associated site improvements. Mr. Schaefer advised the Commission that this application is located in a recently approved subdivision. The property is a 12.2-acre lot and the house is larger than depicted on the original plan. Mr. Schaefer introduced Mr. Paul Provost of Provost & Rovero, Inc., Plainfield, CT representing the applicant. Mr. Provost presented the revised site plan to the Commission and advised that the work will be done in the URA with the closest activity taking place about 64 feet from the wetlands. Mr. Schaefer stated that the proposed house was originally supposed to be 100 feet away from the wetlands, but with a larger house now being proposed and the set back line requirements, the house has to be located closer to the wetlands. He also stated that Public Works had no concerns with the erosion and sediment control plan and that the Uncas Health District has no concerns with the location of the well. Clearing would take place approximately 20 feet from the house and they would leave approximately 45 feet of woodland between the house and the wetlands. Upon motion by Richard Morell and second by Jeremiah Lowney, the Commission voted unanimously to APPROVE the application. 2. IW-URA- 08-05 – 21 Salem Tpke - Application of Charles Georgie on behalf of Burger King Holdings, Inc. - demolition and reconstruction of a fast food restaurant and associated site improvements. Mr. Schaefer advised the Commission that this applicant plans to raze and rebuild the Burger King restaurant in a similar configuration to the current building except with more green space. He advised it was suggested to the applicant to consider water quality treatment. Mr. Schaefer introduced Mr. Charles Georgie of Charles Georgie Associates, West Haven, CT, who is the architect representing the applicant. He advised that the applicant would be cutting back on pavement and not encroaching more into the wetlands or URA. He also advised that a new drainage system would be installed with new catch basins, new pipe and a sediment structure in the back to separate contamination. All catch basins flow back to the treatment system. The erosion and sediment control plan with hay bales around the perimeter of the site, has been added to the site plan and a stormwater maintenance plan was added also. Mr. Georgie advised the Commission that the time frame for the project is 6 months or less, probably 90 days. The new design image is to make a smaller, more modern and efficient restaurant. The Commission asked if all Staff’s concerns on the Staff report were addressed. Mr. Schaefer advised that Staff still needs specifics on the seed mixes to be used, and that the western perimeter of disturbance must be staked with orange construction fence before creating any disturbances to the construction site. Upon motion by Brandon Hyde and second by Richard Morell, the Commission voted unanimously to APPROVE the application with the following conditions: 1. Applicant must specify the seed mixes to be used. 2. The western perimeter must be staked with orange construction fence before creating any earth disturbances. 3. IWWCC - 08-01 (f.k.a. - IW-URA-08-06) – 2 Lathrop Ave – Application of Yogesh Katechia –to modify an existing lawn area to accommodate parking. Mr. Schaefer presented this application for an additional gravel/crushed stone parking area to be established between an existing paved parking lot and the Yantic River to accommodate a new doctor at that location. He stated that the reason the application was changed from an Upland Review Area application was due to the back yard being located next to the Yantic River and the floodplain soils located in 2 the area. He advised that the runoff from the existing paved area now drains untreated directly into the Yantic River, however the applicant has worked with Staff and the City Engineer to design a stormwater drainage system that would eliminate the direct runoff from both the existing parking area and the proposed parking area. The new drainage system would improve the quality of the treatment since there was none before. There will be a slight back pitch in the parking lot to the catch basins. Water would then be allowed to infiltrate the soil using concrete subsurface chambers. The Commission asked how many additional parking spaces would be created and was told there would be 11 new parking spaces. The Commission also asked if there would be a barrier in the back to detour the stone from going into the river. The Commission determined that there was not significant activity in the wetlands. Upon motion by Brandon Hyde and second by Richard Morell, the Commission voted unanimously to APPROVE the application with the following condition: 1. A barrier approved by Staff to be installed to prevent stone from washing into the Yantic River. H. New Business: 1. Floodplain Referral for SP#08-02 – 32 Yantic Flats Road – Application of Paul S. Hinton for Sec.14.6 construction of a handicap ramp in a Floodplain. Mr. Schaefer presented this referral for an existing building to be converted from a residence to a business and adding a handicap ramp. The reason for the referral was due to the fact that the handicap ramp would be in the floodplain. Mr. Schaefer advised that the State of Connecticut, when reviewing such endeavors under the Stream Channel Encroachment permit criteria, exempts handicap ramps. After careful consideration, the Commission found the site is located within a floodplain, and that no inland wetlands or watercourses would be adversely affected by the proposed project activities. Upon motion by Arthur Sharron and second by Richard Morell, the Commission voted unanimously to forward a FAVORABLE recommendation to the Commission on the City Plan regarding SP#08-02. 2. IWWCC-08-02 – 45 Canterbury Tnpk & Harland Rd – Application of Anne J. Sharpe- for construction of a single- family dwelling and associated site improvements. Upon motion by Brandon Hyde and second by Douglas Lee, the Commission voted unanimously to TABLE this application until the May 1, 2008 meeting. 3. Floodplain Referral for SP#08-03 – 11 Wawecus Street - Application of Norwich Financial LLC for Sec. 14.6(d) 2a, construction of a 3,266 s.f. office building within a Floodplain. Mr. Schaefer presented this referral to construct an office building and remove the single-family residence with a garage that are on the site now. He stated that the problems with the original design were resolved and compensatory storage was 3  provided so the floodplain will not be affected. After careful consideration, the Commission found the site is located within a floodplain, and that no inland wetlands or watercourses would be adversely affected by the proposed project activities. Upon motion by Brandon Hyde and second by Richard Morell, the Commission voted unanimously to forward a FAVORABLE recommendation to the Commission on the City Plan regarding SP#08-03. I. New Business items submitted after agenda preparation and prior to the submission deadline. NONE Mr. Schaefer asked the Commission for a suspension of rules to take item # K. Violations out of order to accommodate the applicants in the audience. Upon motion by Brandon Hyde and second by Richard Morell, the Commission voted unanimously to suspend the rules and take K. Violations before J. Other Business. J. Other Business: 1. 343 Asylum Street – David J. Bishop – Consensus on moving house from previously approved location on one lot in a 3-lot subdivision. Mr. Schaefer explained that the site is on one of three lots in a recently approved subdivision. Mr. Schaefer presented this request for consideration to build a house within 80 feet instead of 100 feet of the wetlands line to gain a better view of the historic park area, and to allow for a driveway loop near the house/garage. The Commission discussed the item and advised Mr. Schaefer that they no had aversion to the concept and that the applicant would need to submit a formal application for consideration. 2. Administrative Permits Issued: None K. Violations: 1. IW-VIOL- 08-01 – 44 Yantic Flats Road – Stanton LaPierre- unauthorized filling in floodplain/wetlands. Mr. Schaefer advised the Commission that he met with Mr. LaPierre to discuss the unauthorized filling and that Mr. LaPierre signed a letter of intent to cooperate with Staff to bring the property back to its original conditions by June 15, 2008. 2. IW-VIOL- 08-02 – 114 Wawecus Hill Rd – Richard A. Wildowsky, Jr. & Mary E. Wildowsky; LaBossiere Builders, LLC of Danielson, Connecticut (136 Wauregan Rd., Danielson, CT. 06239) – unauthorized filling and grading within a regulated area. Mr. Schaefer gave copies of the letter of violation dated April 1, 2008 that was sent to the Wildowskys regarding the unauthorized filling and grading within the regulated 4 area. He explained that the property owners learned that there was free fill available and wanted to improve their yard, but were not aware that they were affecting the wetlands. Mr. Schaefer advised the Commission that the owners stopped the activity as soon as they were told of the violation and that once the URA revegetated there would be no long-term impact. Mr. Schaefer stated that the property owners could correct the issues by applying for an administrative URA permit since the wetlands were not directly affected. He would recommend that wood chips be placed at the toe of fill within 1 week – 10 days and that mulching and seeding be done by May 1 st . Mr. Schaefer explained the following conditions would have to be met for a permit to be issued: 1. No fill past toe of existing slope, which is approximately 3 feet high. 2. Use windrowed wood chips at south edge of fill to prevent migration of soil. 3. Shape slope to maximum 2:1 (hor:vert) –excess stones can be used on slope face. 4. Seed entire fill area with perennial ryegrass and mulch w/ 100 lbs. of hay/ 1,000 s.f. 5. Allow 20 feet back from top of fill to regenerate indigenous shrubby vegetation. The property owners, Mr. and Mrs. Wildowsky, were in the audience and told the Commission they would apply for the administrative permit in the morning. Upon motion by Richard Morell and second by Jeremiah Lowney, the Commission voted unanimously to allow the property owners to handle the corrections through an administrative permit. Chairman Baribeault duly noted that Staff and the Commission had agreed that all open violations would appear on the agenda every month. Mr. Schaefer addressed the Commission on the following open violations: 1. Kudlach - Cease and Desist Order – update Mr. Schaefer advised the Commission that Cori Rose from the Army Corps of Engineers said she was going to send a letter to the property owner indicating that the ACOE is aware of a possible wetland violation. Staff will touch base with Ms. Rose to check on the progress. 2. Rothstein- update Mr. Schaefer advised there is nothing to report this month. L. Adjournment: Upon motion by Douglas Lee and second by Brandon Hyde, the Commission voted unanimously to adjourn at 8:00pm. Respectfully submitted, Roberta Lane 5 Recording Secretary 6