Inland Wetlands, Water Courses & Conservation Commission

DRAFT TO BE APPROVED 12/4/2008 CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION November 19, 2008 Special Meeting Minutes Lower Conference Room 23 Union Street, 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: Raymond Baribeault Richard Morell Douglas Lee Ralph Page Arthur Sharron, Alt. Robert McCoy, Alt. Brandon Hyde, Alt (arrived at 6:50pm) Absent with notification: Barbara Rothstein, Jeremiah Lowney Also Present: Michael Schaefer, City Planner and Tianne Phoenix Curtis, Recording Secretary A quorum was present and all members present were voting. D. Public Hearings: 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. Tabled from 11/6/08 regular meeting. Michael Schaefer explained the rules and conduct of a Public Hearing and entered exhibits “A-N” into the record. Doug Lee recused himself on the record. As there were no questions from the Commission, the floor was turned over to the applicant. Ed Harney from Algonquin presented the proposed replacement of the combination of 4” & 6” pipe with a 12” pipeline. Mr. Harney stated for the record that their right-of-way includes replacement rights. Terry Doyle from Algonquin stated the purpose of the replacement is market driven and balances the project need with the project impacts. Denis Blais from TRC Environmental made a presentation covering; environmental training, construction documents, spill prevention, pipeline construction, and construction process. Mr. Blais stated the pipeline construction would be 75’ wide, consisting of the 30’ easement and a 45’ temporary workspace. The Commission asked if there would be independent inspections conducted. Mr. Doyle stated that FERC will have a 3rd party inspector as well as State outside inspections. The Commission questioned if FERC approval was conditioned upon IWWCC approval. Mr. Doyle stated that any additional conditions placed by a local approval would be met to the best of their ability, however they are contractually obligated to be in service by 11/01/2009 to accommodate the property owners. There were none present wishing to speak in favor of the application. Doug Lee stated that he was speaking not as a Commissioner and neither in favor nor opposition, but requested the Commission closely review the proposed E&S plans. Michael Schaefer stated Staff felt the specifications of crossings appear appropriate. There were none wishing to speak in opposition. Chairman Baribeault closed the Public Hearing. E. Old 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. Tabled from 11/6/08 regular meeting. The Commission discussed FERC oversight in depth, and the impact of such on any approvals of the Commission. Ralph Page moved to table the decision to request an explanation of FERC authority from Corporation Counsel. Arthur Sharron felt motion to table was unnecessary because it would make no difference if the ultimate authority is FERC, whether the Commission placed conditions on any approval. The motion to table died for lack of a second. Upon motion by Richard Morell and second by Arthur Sharron, the Commission voted 6-1 (Lee recused, Baribeault opposed) to APPROVE the application subject to the following conditions: 1. Before and after photos be provided as it pertains to mitigation. The after period in annual increments to 3-years post- development. 2. Staff be present at conference with General Contractor regarding site safety and project stake-out. 3. Michael Schaefer be granted authorities, including authority to issue a Cease and Desist order if needed. 2. IW-URA-08-14 – 35 Alice Street – Application of Michael and Laura Lieske for the installation of a 24’ aboveground swimming pool. Tabled from 11/6/08 regular meeting. Michael Schaefer stated that this type of application is typically approved administratively, however the applicant is under no under time constraints, therefore they are before the Commission. Upon motion by Richard Morell and second by Robert McCoy, the Commission voted unanimously to APPROVE the application subject to the following condition: 1. No part of pool shall be farther than 75’ from the home. 3. IW-URA-08-15 – 252 Taftville-Occum Road – Application of Raymond Dussault for construction of two single-family homes. Tabled from 11/6/08 regular meeting. Michael Schaefer stated the closest any portion of structure would be to a wetland would be 57’. Michael Schaefer reported that the City Engineer has reviewed the plans and prefers a swale to the proposed berm; either would be vegetated and roof runoff will be absorbed by the existing gravelly soil. Upon motion by Richard Morell and second by Ralph Page, the Commission voted unanimously to APPROVE the application subject to the following condition: 1. No clear cutting shall take place within the area between the home and the watercourse. 2 Commission recessed at 6:45 pm and reconvened at 6:50pm. 4. IW-URA-08-16 - 153 Hunters Road & 115 Merchants Ave. – Application of Ponemah Villa Estates, LLC/Joseph McMahon – 89-unit Active Adult Community. Tabled from 11/6/08 regular meeting. Bill Sweeney, CLP TCORS, Ian Cole, CSS Kleinschmidt Associates and Gary Giroux, PE McFarland-Johnson presented on behalf of the applicant. Bill Sweeney stated there was no direct wetland impact or activity within the regulated area and the forested wetland recreational trail system, including the elevated boardwalks. Mr. Sweeney stated that Phase I will be the northern end including 19-units, concrete bridge, main entrance and model home site. Phase II will involve 37-units, community center, additional stormwater treatment and the trail system. Mr. Sweeney stated the entire site will be served by public utilities and the stormwater treatment basins will be sized to reduce the peak flow off-site. Gary Giroux stated the proposed detention basins would also act as a water quality system, similar to the one present in the Farm View Estates subdivision. Ian Cole was available to answer any questions from the Commission. Michael Schaefer recommended that if approved, a condition of approval include modifying the detention basins 1 and 3 to include a forebay and an extended flow path within the basins. Upon motion by Ralph Page and second by Richard Morell, the Commission voted unanimously to find the application a non-significant activity. Upon motion by Ralph Page and second by Arthur Sharron, the Commission voted unanimously to APPROVE the application subject to the following conditions: 1. If boardwalk construction methodology changes, the applicant must return and present to Commission. 2. Conservation Easement be modified to address the recreational use. 3. Stormwater management operation and maintenance plan be incorporated into plans. 4. Basins #1 & 3 include a forebay and an extended flow path within the basins to meet CT water treatment standards. F. New Business: 1. IWWCC-08-07 – 6A Harvard Terrace – Application of Jesshua Ballaro for the construction of a single-family home and associated site amenities. Upon motion by Doug Lee and second by Richard Morell, the Commission voted unanimously to TABLE the application to the 12/04/08 regular meeting. G. Adjournment Upon motion by Brandon Hyde and second by Doug Lee, the Commission voted unanimously to adjourn at 7:30 pm. Respectfully submitted, Tianne Phoenix Curtis 3 Recording Secretary 4