Inland Wetlands, Water Courses & Conservation Commission

LAST REVISED 12/9/2008 12:56 PM CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION December 4, 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 Douglas Lee Barbara Rothstein Ralph Page Arthur Sharron, Alt. Robert McCoy, Alt. Absent with notification: Raymond Baribeault, Jeremiah Lowney, and Brandon Hyde Also Present: Peter Davis, Director, Michael Schaefer City Planner and Tianne Phoenix Curtis, Recording Secretary A quorum was present and all members present were voting. Barbara Rothstein recused herself from IWWCC#08-04. D. Minutes: Upon motion by Doug Lee and second by Ralph Page, the Commission voted unanimously to APPROVE the minutes of the November 6, 2008 regular meeting, and the November 19, 2008. E. Communications: None F. Public Hearings: None 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. Barbara Rothstein recused herself from IWWCC#08-04. Michael Schaefer was not present during this agenda item. Peter Davis clarified that the Public Hearing has been closed. Peter Davis noted that due to the determination of a significant activity, the Commission must determine if there is a feasible and prudent alternative, and any such finding must be stated on the record in writing, including the types of alternatives the applicant might investigate. The Commission reviewed sheet #2 of 28, and Doug Lee stated that an alternative might be additional trenching along the roadway, which would avoid the wetland crossings in their entirety. Arthur Sharron stated that his greatest concern was that of the wetland crossing involving the high-pressure sewer line. Arthur Sharron stated that an alternative might be an on-site septic system. Robert McCoy questioned the qualifications of the Intervener’s engineer, as no site visit had occurred. Richard Morell stated two of the crossings could be omitted by the alternative of additional trenching and or redirection. Richard Morell added that the design of the proposed detention basins be re-examined to ensure a minimum of 24 hour “residency” of stormwater. There were no further comments from the Commission. Motion was made by Doug Lee to DENY the application, in favor of the applicant reviewing alternatives to the wetland crossings at the utility crossings, and providing a residence time in proposed utility basins prior to discharge to wetlands. Arthur Sharron seconded motion. Arthur Sharron withdrew his second for additional comment by Richard Morell. Upon motion by Doug Lee and second by Arthur Sharron, the Commission voted unanimously (Rothstein recused) to DENY the application, as the Commission had determined that there appear to be feasible and prudent alternatives that may have less adverse impact on wetlands or watercourses. The Commission recommends the applicant investigate the following alternatives: 1. Consider alternative of eliminating forced main utility crossings through wetlands. 2. Consider alternative of redesigning detention basins to ensure a minimum of 24-hour residency of stormwater. 3. Consider alternative of on-site systems instead of sewer line. The Commission took a brief recess and resumed at 7:25 pm. 2  2. IWWCC-08-07 – 6A Harvard Terrace – Application of Jesshua Ballaro for the construction of a single-family home and associated site amenities. Michael Schaefer presented and stated that the parcel is one of an older subdivision and cannot be divided further due to physical site constraints. Michael Schaefer stated that the application is for the construction of a single-family home, on-site septic system, a driveway, sub-surface drainage and site grading. Michael Schaefer noted that the upper wetland pocket appears to have been created post-delineation in 2003, by the installation of a subsurface drain in preparation for the construction of a septic system. Michael Schaefer stated that, according to the applicant’s engineer Richard Strouse, P.E. of CME Associates, the drain is to be repaired, therefore correcting the wetness caused by the faulty drain. Michael Schaefer noted that Staff is of the opinion that the only additional activities proposed within the upland review area is for footing drains, grading and clearing, as well as a portion of the septic system, and that Staff is satisfied with the proposed E&S controls, including silt fence that will surround the site work area to prevent migration of sediments. Upon motion by Arthur Sharron and second by Ralph Page, the Commission voted unanimously to APPROVE the application subject to the following condition: 1. Manufacturer’s recommendations should be followed when applying the specified seed mix. 3. IWWCC-08-08 – 8 Wisconsin Avenue – Re-Application of Norwich Woods Apartments, LP II for the construction of a multifamily complex and associated site amenities and off-site drainage. Michael Schaefer presented and stated that E&S controls have been put up and the contractor has taken approximately 80% of off-site remedial action. Michael Schaefer stated that in addition to the renewal of the expired wetlands permit, the applicant would also need approval of the proposed site stabilization plan to address intercepted groundwater that has been left untreated. Michael Schaefer stated that Staff recommends tabling the application until 100% of the off-site remedial action is complete. Upon motion by Ralph Page and second by Arthur Sharron, the Commission voted unanimously to TABLE the permit application to the 01/08/09 regular meeting of the IWWCC. The Commission voted unanimously to support Staff in imposing a completion timetable of no more than 30 days for off- site work, and an on-site timetable to be determined by Staff. H. New Business: None I. New Business items submitted after agenda preparation and prior to the submission deadline. - None J. Other Business: 1. IW-URA#08-17(A) - 236 Salem Tpke – Michael Schaefer reported to the Commission that the permit had been granted administratively for the installation of a residential shed. 3 K. Violations: 1. IW-VIOL – 07-01- 81 Corning Rd- Kudlach- update Michael Schaefer reported that he had visited the site from the Kudlach property and determined the extent of non-permitted activities appear relatively minor and involved little if any wetland. According to Michael Schaefer, the reported filling was limited to the Upland Review Area, and involved three small (approximately 5 cu. yd./ each) temporary stockpiles of soil and stone used in Mr. Kudlach’s business, and soil and rubble (concrete and bituminous) deposition on a steeply sloping area along the east side of the Kudlach property. Michael Schaefer stated that Mr. Kudlach had bermed the top of the slope so that runoff from his property would not flow down the slope, and at the time of Staff’s visit, the slope appeared to be stable. Staff informed Mr. Kudlach that had he acknowledged past orders from the City and cooperated with Staff, the matter could have been handled much more expeditiously, and would not have been subject to federal involvement. Michael Schaefer stated that Staff recommends that Mr. Kudlach be instructed to apply for an after-the-fact permit, and that the slope be left intact as it is stable, and it involves little or no wetlands directly. Upon motion by Ralph Page and second by Doug Lee, the Commission voted unanimously to support Staff’s decision to enforce an after-the-fact permit. 2. IW-VIOL – 07-02- 150 Plain Hill Rd – Rothstein - update Michael Schaefer reported that he had received a report from Robert Russo on 11/05/08 stating that the shrubs were installed as specified on the plans, a box wire fence was installed approximately 15 feet out from the base of the debris slope and that while some vegetation is growing in disturbed and graded areas, the owner will have to be mindful of erosion during heavy rains. Michael Schaefer stated that the site would be monitored during such events. L. Adjournment Upon motion by Arthur Sharron and second by Doug Lee, the Commission voted unanimously to adjourn at 7:45 pm. Respectfully submitted, Tianne Phoenix Curtis Recording Secretary 4