Inland Wetlands, Water Courses & Conservation Commission

LAST REVISED 11/26/2008 4:25 PM CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION November 6, 2008 Regular Meeting Minutes Council Chambers City Hall 100 Broadway, Norwich, CT Agenda Items A, B & C – Call To Order, Roll Call, Determination Of Quorum: Acting Chairman Richard Morell called the meeting to order at 7:00 p.m. Present: Richard Morell Jeremiah Lowney Douglas Lee Barbara Rothstein Arthur Sharron, Alt. Robert McCoy, Alt. Brandon Hyde, Alt Ralph Page Absent with notification: Raymond Baribeault Also Present: Peter Davis, Director, Tianne Phoenix Curtis, Recording Secretary, Atty. Karl Sternloff, Corporation Counsel A quorum was present and all members present were voting. D. Minutes: Upon motion by Arthur Sharron and second by Ralph Page, the Commission voted unanimously to APPROVE the minutes of the October 2, 2008 regular meeting. E. Communications: Letter from A.C.O.E. regarding Kudlach property (distributed in Member packets.) F. Public Hearings: 1. IWWCC – 08-04 - 60.6 acres of land on the west side of Scotland Road, the south side of White Plains Road and the east side of Hansen Road comprised of the following four parcels: South side White Plains Road, Norwich Assessor’s Map 17, Block 1, Lot 9, Norwichtown Development LLC, owner; 115 Hansen Road, Norwich Assessor’s Map 22, Block 1, Lot 10, Norwichtown Development LLC, owner West side Scotland Road, Norwich Assessor’s Map 23, Block 1, Lots 1- 3, Norwichtown Development LLC, owner; 145 Hansen Road, Norwich Assessor’s Map 22, Block 1, Lot 5, Thomas R. and Colleen M. Abele, owner – Application of Norwichtown Development LLC - for Active Adult Community, including wetland/stream-crossing utilities. Acting Chair Richard Morell opened the Public Hearing. Atty. Karl Sternlof explained the procedure for a Public Hearing in detail and stated, for the record, the purview of the Inland Wetland Watercourse Conservation Commission. Barbara Rothstein recused herself from the application on the record. Peter Davis read items “A-DDDD” into the record and turned the presentation over to the Applicant. Atty. David Sherwood on behalf of the Applicant and submitted a presentation outline which was subsequently marked exhibit “EEEE.” Atty. Sherwood gave a brief history of the site that was once a sawmill and stated that the contamination at the site has been remediated to the satisfaction of the Uncas Health District. Atty. Sherwood stated that they are proposing three separate wetland crossings, and that the 285 sf of wetlands they are proposing to fill is man- made and appears to be an old foundation. Atty. Sherwood stated the total impact is 4530 sf of the 60.6 acres site. Don Fortunato, CSS LEP stated that Michael Schaefer originally flagged the wetlands, however he concurs with the delineation and had been on-site for soil sampling. Mr. Fortunato stated the nature and types of soils present and submitted two pages of soil photos that were marked exhibit “FFFF” and watershed form marked exhibit “GGGG.” Mr. Fortunato stated there are no threatened or endangered species on site or in the vicinity. Project Engineer Pat Lafayette itemized the proposed wetland crossings. Mr. Lafayette stated also that machinery would be stored upland when not in use and brought down as necessary, and that off-site activities, including the proposed utilities crossing under Byron Brook culvert, would be in pavement and erosion and sediment control measures will be provided at both sides of pavement. Commissioner Hyde questioned the details for proposed mitigation at crossings. Mr. Lafayette responded with their restoration and mitigation plan and stated that invasive species will be removed. Norm Thibeault, Jr. PE presented the six proposed drainage basins and gave multiple year storm data and calculations, stating the peak from the impervious surfaces only will not increase the net runoff rate. Mr. Thibeault stated the 100-yr would result in a 3% decrease in peak runoff rate and that the pipe termination was determined suitable for the basin location. Mr. Thibeault noted the depth of the basins range from 4-6’ and the bottoms will support wetlands vegetation and can contribute toward wetland mitigation area, and that subsurface systems were not considered due to a lack of flat lands as the existing slope in unsuitable for the type of system. Acting Chair Richard Morell opened the floor to those wishing to speak in opposition. Speaking in opposition were: Keith Ripley, 9 Meadow Lane, submitted correspondence which was marked Exhibit “JJJJ” which Acting Chair Richard Morell read into the record in its entirety which stated his concerns relative to the Fairview Reservoir. John Oldfield, 185 Lawler Lane, spoke in opposition. Carolyn Horton, 131 Hansen Road, spoke in opposition. Atty. Eric Knapp submitted request for Intervener status (Exhibit “KKKK”) and the Commission recessed at 9:13pm. 2 Commission resumed at 9:21 pm and Corporation Counsel Karl Sternlof stated that the request for Intervener status had been accepted. Atty. Eric Knapp introduced their biologist George T. Logan, Michael Schaefer of REMA Ecological Services. Mr. Logan submitted his summary of findings report (Exhibit “LLLL”) and the resumes of himself & Sigrun N. Gadwa, MS (Exhibit “MMMM”.) Mr. Logan stated that he is representing Dr. Pierce Browning and the residents’ concerns for the potential for long-term negative impact, quality of water, and quality of resources. Mr. Logan stated that the discharge point for basin #3 would be located in what he determined to be a vernal pool. Sigrun N. Gadwa, MS, associate to Mr. Logan, reported her findings from her site visit and spoke relative to the purity of the stream and wildlife. Marc Goodin, PE submitted Exhibits “NNNN” & “OOOO” review reports and stated that the plans as submitted have numerous defects including being incomplete, negative impact to wetlands, and failure to maintain best management practices. Mr. Goodin summarized his review of the applicant’s submitted plans. Eric Knapp made his closing statements and stated that the Commission should deny the application given the lack of information provided. Dr. Pierce Browning III, 671 Scotland Road, submitted an aerial photograph of his property (Exhibit “PPPP”.) Dr. Browning stated that his intentions are to preserve the wetlands as stated in his Conservation Easement that restricts use to biology and botany research. Dr. Browning voiced his concern for long-term impact of heavy metal and petroleum product run- off. Catherine Bakke, 77 White Plains Road, spoke in opposition. Curtis Brockway, 537 Scotland Road, spoke in opposition. Kathy Delaney, 138 Hansen Road, spoke in opposition. Joseph Molcan, 188 Hansen Road, spoke in opposition. Barbara Doherty, 111 Hansen Road, spoke in opposition. Lucy Cilley, 120 Hansen Road, spoke in opposition. As there were no more wishing to speak in opposition, and upon motion by Ralph Page and second by Jeremiah Lowney, the Commission voted unanimously to take a 5-minute recess. The Commission reconvened and the floor was opened to the applicant for rebuttal. Mr. Fortunato stated that numerous test points have been done, and that all affected areas have been cleaned and excavated to bedrock in addition to post-excavation sampling. Mr. Fortunato stated that while Mr. Logan has never visited the site of application, he himself has and saw no evidence of a vernal pool. 3  Mr. Thibeault stated that the plans have been reviewed with City Engineer Barry Ellison and that they meet the City design standards. Mr. Thibeault re-stated that all proposed drainage systems meet City standards. Commission questioned why there was such an extreme variation between engineers. Atty. Sherwood rebutted that Mr. Logan is questioning the opinion of the City Engineer however Mr. Logan is not qualified to make the statements as such. Atty. Sherwood also stated that Mr. Goodin’s criticism is relative to overdevelopment and the IWWCC doesn’t address overdevelopment. As there were no more wishing to speak in favor or opposition, Acting Chair Richard Morell closed the Public Hearing. 2. 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 from the application. Upon motion by Jeremiah Lowney and second by Ralph Page, the Commission voted 7:0 (Lee recused) to CONTINUE the public hearing to a special meeting of the IWWCC, date to be determined. (11/19/08 @ 5:00pm) G. Old Business: 1. IWWCC – 08-04 – 60.6 acres of land on the west side of Scotland Road, the south side of White Plains Road and the east side of Hansen Road comprised of the following four parcels: South side White Plains Road, Norwich Assessor’s Map 17, Block 1, Lot 9, Norwichtown Development LLC, owner; 115 Hansen Road, Norwich Assessor’s Map 22, Block 1, Lot 10, Norwichtown Development LLC, owner West side Scotland Road, Norwich Assessor’s Map 23, Block 1, Lots 1- 3, Norwichtown Development LLC, owner; 145 Hansen Road, Norwich Assessor’s Map 22, Block 1, Lot 5, Thomas R. and Colleen M. Abele, owner – Application of Norwichtown Development LLC - for Active Adult Community, including wetland/stream-crossing utilities. Upon motion by Arthur Sharron and second by Brandon Hyde, the Commission voted 7:0 (Rothstein recused) to TABLE action on the application to the 12/04/2008 regular meeting of the IWWCC. 2. 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. Upon motion by Doug Lee and second by Ralph Page, the Commission voted 7:0 (Lee recused) to TABLE the application to a special meeting of the IWWCC, date to be determined. (11/19/08 @ 5:00pm) 4  3. IWWCC-URA-08-14 – 35 Alice Street – Application of Michael and Laura Lieske for the installation of a 24’ aboveground swimming pool. Upon motion by Doug Lee and second by Ralph Page, the Commission voted unanimously to TABLE the application to a special meeting of the IWWCC, date to be determined. (11/19/08 @ 5:00pm) 4. IWWCC-URA-08-15 – 252 Taftville-Occum Road – Application of Raymond Dussault for construction of two single-family homes. Upon motion by Doug Lee and second by Ralph Page, the Commission voted unanimously to TABLE the application to a special meeting of the IWWCC, date to be determined. (11/19/08 @ 5:00pm) 5. IWWCC-URA-08-16 - 153 Hunters Road & 115 Merchants Ave. – Applicatio n of Ponemah Villa Estates, LLC/Joseph McMahon – 89-unit Active Adult Community. Upon motion by Doug Lee and second by Ralph Page, the Commission voted unanimously to TABLE the application to a special meeting of the IWWCC, date to be determined. (11/19/08 @ 5:00pm) H. New Business: None I. New Business items submitted after agenda preparation and prior to the submission deadline. 1. IWWCC-08-08 – 8 Wisconsin Avenue - Application of Norwich Woods Apartments, LP II for construction of multifamily development & associated site improvements. Upon motion by Brandon Hyde and second by Arthur Sharron, the Commission voted unanimously to TABLE the application to the 12/04/2008 regular meeting. J. Other Business: 1. 50 Town Street – Chelsea Groton Savings Bank retaining wall Upon motion by Brandon Hyde and second by Arthur Sharron, the Commission voted unanimously to TABLE discussion to the 12/04/2008 regular meeting. K. Violations: 1. IW-VIOL – 07-01- 81 Corning Rd- Kudlach- update 2. IW-VIOL – 07-02- 150 Plain Hill Rd – Rothstein - update Upon motion by Brandon Hyde and second by Arthur Sharron, the Commission voted unanimously to TABLE discussion of items K1 & K2 to the 12/04/2008 regular meeting. 5 L. Adjournment Upon motion by Brandon Hyde and second by Doug Lee, the Commission voted unanimously to adjourn at 11:42 pm. Respectfully submitted, Tianne Phoenix Curtis Recording Secretary 6