Inland Wetlands, Water Courses & Conservation Commission

CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION September 4, 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 Douglas Lee Barbara Rothstein Arthur Sharron, Alt. Robert McCoy, Alt. Brandon Hyde, Alt Absent with notification: Ralph Page, Jeremiah Lowney Also Present: Michael Schaefer, City Planner Tianne Phoenix Curtis, Recording Secretary A quorum was present and all members present were voting. D. Minutes: Upon motion by Richard Morell and second by Douglas Lee, the Commission voted unanimously to APPROVE the minutes of the August 7, 2008 regular meeting. E. Communications: None F. Public Hearings: 1. IWWCC – 08-03 – 1 Potter Ave – Application of Algonquin Gas Transmission LLC – to install a new cathodic protection ground bed. Michael Schaefer clarified the rules for a Public Hearing, and stated for the record that he is a Certified Soil Scientist and any opinion he may have should be considered expert opinion for the purpose of the Public Hearing. Michael Schaefer read items “A-N” into the record. Michael Schaefer turned the floor over to the applicant’s representative Karl Smith of TRC. Mr. Smith stated the cathodic protection system is required by the US Department of Transportation to maintain adequate protection. Mr. Smith explained that the proposed system counteracts corrosion. They are typically located in saturated soil conditions with low resistivity. Mr. Smith stated the proposed 15’ ROW would be excavated such that the topsoil is separated to one side of the trench, and the subsoil to the other. The excavator will backfill immediately as the cathodic line is installed. Mr. Smith wished to state for the record that they will be able to circumvent the streambed entirely, and the application entails the lowest practical impact to the wetlands. The Commission questioned the required maintenance, and Mr. Smith responded that the system requires no maintenance and has a life of 20-30 years. Terry Doyle of Algonquin Gas Transmission clarified that when the system eventually fails, they would only be replacing the ground bed, no removal would be done. Ray Humphries of Algonquin Gas stated the current system is from the 1953 coding and as it degrades it exposes more of the steel surface, the US DOT is requiring the upgrade in a prompt fashion. The Commission received verification that the area will be allowed to be fully vegetated. The Commission questioned what the applicant’s alternate options were should the additional regulatory approvals not be granted. Terry Doyle replied that, depending on the reason of the rejection, they would change the site or take the matter to Court as a safety issue. The Commission asked if changing the site would represent a prudent and feasible alternative, to which Mr. Doyle replied the alternative site would be in another wetland as that is where the cathodic beds are most effective. The Commission questioned if the presence of vernal pools was detected along the proposed area of impact. Karl Smith answered that none were detected that he was aware of. Michael Schaefer reminded the Commission that the applicant does not propose to change any grade and therefore he would not anticipate any persistent significant changes to the natural biology. As the Members had no further questions, the floor was opened to the public. As there were none wishing to speak in favor or opposition, Chairman Baribeault closed the Hearing. 2. IWWCC – 08-04 – Scotland/Hansen Rd – Application of Norwichtown Development LLC - for Active Adult Community, including wetland/stream- crossing utilities Upon motion by Doug Lee and second by Arthur Sharron, the Commission voted unanimously to suspend the rules. Chairman Baribeault and Barbara Rothstein recused themselves. Michael Schaefer stated that Atty. David Sherwood was present on behalf of the applicant. Atty. Sherwood stated that he had reviewed the published legal notice and was of the opinion that it should be re-published with a more specific address. Atty. Sherwood stated that the abutters’ notices would also be present. Michael Schaefer stated that Staff concurs with this opinion. Upon motion by Arthur Sharron and second by Doug Lee, the Commission voted unanimously to postpone the Public Hearing to the 10/02/08 regular meeting. G. Old Business: 1. IWWCC – 08-03 – 1 Potter Ave – Application of Algonquin Gas Transmission LLC – to install a new cathodic protection ground bed. Upon motion by Richard Morell and second by Brandon Hyde, the Commission voted unanimously to APPROVE the application as the improvements will bring the site into compliance with Federal regulations, will address safety concerns, and there is no prudent and feasible alternative. Richard Morell motioned to amend the motion to approve with the condition that a Certified Soil Scientist be required to do periodic site checks to assure compliance. Doug Lee motioned to amend the motion to require a Certified Soil Scientist be permanently on site for the duration of the excavation. Amended motion carried unanimously. Upon motion by Richard Morell and second by Doug Lee, the Commission voted unanimously to APPROVE the application subject to the following condition: 1. Certified Soil Scientist be onsite and present at all times of 2  excavation. 2. IWWCC – 08-04 – Scotland/Hansen Rd – Application of Norwichtown Development LLC - for Active Adult Community, including wetland/stream- crossing utilities. Chairman Baribeault and Barbara Rothstein recused themselves. Upon motion by Arthur Sharron and second by Doug Lee, the Commission voted unanimously to postpone the Public Hearing to the 10/02/08 regular meeting. H. New Business: 1. IWWCC-08-05 - Plain Hill Rd, Case St., Scotland Rd., Reservoir Rd., Rte. 12, Mohegan Park Rd., Rte. 169, Canterbury Tpke – Application of Algonquin Gas Transmission, LLC for upgrades & improvements to existing natural gas transmission system. Doug Lee recused himself for the record. Michael Schaefer recommended a Public Hearing as Staff is of the opinion that the application is a significant activity. Upon motion by Arthur Sharron and second by Richard Morell, the Commission voted unanimously to TABLE the application to the 10/02/08 regular meeting. I. New Business items submitted after agenda preparation and prior to the submission deadline. 1. IWWCC-08-06 – 257-259 West Town Street – Application of CUMA, LLC for construction of commercial building with associated parking and infrastructure. Upon motion by Richard Morell and second by Doug Lee, the Commission voted unanimously to TABLE the application for the 30-day public petition period. J. Other Business: 1. Administrative Permits Issued: 1. IW-URA-08-13 (A) – 15 Browning Road- Application of Peter Phelan – for construction of a 24’x30’ garage. 2. 50 Town Street – Chelsea Groton Savings Bank - Under suspension of rules, Michael Schaefer presented the plan to the Commission for the rebuild of the retaining wall of Chelsea Groton Savings Bank that is currently failing. Michael Schaefer stated the existing retaining wall separates the lot from Bobbin Mill Brook and is beginning to crumble. Mr. Schaefer stated that he wished to address as a violation in order to deal with the matter in a timely fashion, and that the proposed plans are currently under review by both the City Engineer and the Building Official. The Commission concurred with Staff, as it is a public safety issue. 3 K. Violations: 1. IW-VIOL – 07-01 - 81 Corning Rd- Kudlach- update Michael Schaefer reported that Mr. Kudlach had contacted Pat Lafayette of Development solutions, however the Federal Government is handling the violation, and they will update us as necessary. 2. IW- VIOL – 07-02 - 150 Plain Hill Rd – Rothstein - update Michael Schaefer reported that he had recently visited the site and all major work has been done such as grading, removal of fill, seed has been spread, and hay bales are present. Michael Schaefer stated the barrier at the bottom of the slope still needs to be completed, and Mr. Rothstein wishes to install a wooden post and cable fence for the demarcation line. The Commission wished to retain the item on the agenda for an update at the next regular meeting. L. Adjournment Upon motion by Richard Morell and second by Brandon Hyde, the Commission voted unanimously to adjourn at 8:05pm. Respectfully submitted, Tianne Phoenix Curtis Recording Secretary 4