Inland Wetlands, Water Courses & Conservation Commission

CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION September 2, 2010 Regular Meeting Minutes Lower-level Conference Room 23 Union Street Norwich Connecticut Agenda Items A, B & C – Call To Order, Roll Call, Determination Of Quorum: Chairman Lee called the meeting to order at 7:00 p.m. Present: Richard Morell Douglas S. Lee Brandon Hyde Robert McCoy, Alt. Arthur Sharron, Alt. Absent: Raymond Baribeault, Chairman Jeremiah Lowney Barbara Rothstein Ralph Page Also Present: Peter Davis, Director, Michael Schaefer, City Planner and Darlene Fedus-Papineau, Recording Secretary It was determined there was a quorum. D. Minutes: Upon motion by Arthur Sharron and second by Brandon Hyde, the Commission voted unanimously to APPROVE the minutes of the August 5, 2010 regular meeting. E. Communications: NONE F. Public Hearings: NONE G. Old Business: IWWCC #10-05- Scotland Road/Hansen Road land comprised of the following three parcels: south side White Plains Road, Map 17, Block 1, Lot 9; 115 Hansen Road, Map 22, Block 1, Lot 10; West side Scotland Road, Map 23, Block 1, Lots 1-3- Application of Norwichtown Development, L.L.C for 16-lot subdivision with a road and associated improvements on 59.7 acres. Peter Davis presented this application, as Michael Schaefer recused himself from this project due to work on the property prior to his employment with the City of Norwich. Mr. Davis stated that the time frame for this application is ending. Staff recommends that the Commission, if it concurs with the Staff opinions that the proposed activities are not likely to cause significant impact to the wetlands, they can move forward and act on the application. The area is zoned R-80, single family and the lots vary in size from 2-12 acres. The access road is located off of Hansen Road and two proposed cul de sacs will be constructed, which will provide access to the proposed lots. There are approximately 25 acres of wetlands on the property. After review of the drainage and topography report there is not a lot of grading proposed. There is a 129-acre watershed associated with the property. There is approximately 32,000sf of activity occurring in the upland review area specific to the road construction, detention basin and single-family house lots. The area of direct inland impact is in a very small, shallow, isolated wetland pocket on lot #7, approximately 600-700sf of fill is proposed. All houses will have on site wells and septic. Staff asked the applicant to add an additional area to the existing conservation easement to mitigate the wetland fill. The applicant provided an additional 4,500sf of conservation area on lot # 12. With regards to Uncas Health the site testing and test pits that were required to date, have met their requirements. Mr. Davis stated another requirement by Uncas Health Staff is to have a Licensed Environmental Professional on site to monitor the excavation of the septic systems, house foundations and the roadway. If contamination is found, all work will cease until such time as the suspect material is tested and if necessary remediated consistent with the requirements of the Uncas Health District and or the Department of Environmental Protection. Speaking on behalf of the applicant was Pat Lafayette of Development Solutions, Engineer. Mr. Lafayette presented pictures of the wetland area on proposed lot 7 (entered into record as exhibits). Mr. Lafayette was on the site recently with Dr. Cook, Licensed Environmental Professional to go through all 56-60 holes to monitor them for volatile gasses. There was discussion between the Commission members and Mr. Lafayette with regards to the test pits, drainage and maintenance schedules for the drainage basins. The City of Norwich PWD will maintain the road. There will be a Subdivision Association that will monitor and maintain the basin. Mr. Davis reminded the Commission they would need to make a determination of significant activity before they proceeded with anything else. On a motion by Douglas Lee and second by Robert McCoy the Commission unanimously determined that the proposed activities did not constitute a significant activity due to the fact that the majority of development is outside the 100’ Upland Review Area, the fact that due diligence has been completed and with respect to the small isolated wetland pocket, the conservation easement is appropriate compensation for the proposed fill. 2 Mr. Hyde offered that that there should be modifications of approval considered. That the maintenance agreement for the basin should be provided and the deed restrictions related to the conservation easement area should be noted in the land records. Mr. Lafayette informed the Commission that there are already metal conservation placards in place on the property. On a motion by Douglas Lee and second by Brandon Hyde the Commission voted unanimously to approve the application with the following conditions. 1. A maintenance schedule for detention basin to be provided to Staff. 2. The Conservation Easement is to be referenced and described in the Deeds filed with the City Clerk. IWWCC #10-07 - Pleasant Street Bridge-Application of The City of Norwich, PWD for scour mitigation with associated temporary wetland impacts. Mr. Schaefer reminded the Commission that Ms. Witherell gave a presentation at the last meeting of August 5, 2010. Mr. Schaefer stated that the proposed application involves a bridge with a pier that has been subject to advanced scouring. The State and City have recommended that it be taken care of with scour remediation measures. The plan is to provide scour prevention measures around the bridge pier that is located in the Yantic River. The affected area will be restored to its pre-construction condition when the work is completed. Mr. Sharron noted that there would be some improvement with the evasive species being removed. Mr. Schaefer stated that Staff is of the opinion that there is no reason not to approve this application, given the temporary nature of any impacts and the benefits associated with protecting the bridge pier. On a motion by Art Sharron and second by Brandon Hyde it was unanimously voted to APPROVE the application. IWWCC #10-08 – 24 Hammond Avenue – Application of Hammond Ledge, LLC for 4- lot residential subdivision with storm water treatment & controls. Mr. Schaefer informed the Commission that there have been modifications to the originally submitted plan. Presenting the application was Normand Thibeault, an Engineer with Killingly Engineering Associates. Mr. Thibeault stated that the application is for a 4- lot residential single-family subdivision, which includes a proposed 3 cul-de-sac and roadway with a significant amount of grading. The soils on the site were explained in detail. The site is steep and sloped with a small stream that runs through the east side of the property. The City of Norwich PWD will maintain the road and each lot will be serviced by municipal water and sewer. There is no proposal for filling/excavating or grading in any wetland areas. Two storm water basins are proposed to be located within the URA. There was much discussion relative to the storm water system, with respect to quantity and quality of runoff that will exit the site. There was discussion regarding groundwater discharge with respect to existing conditions. The total area of grading is approximately 6 acres with 1-½ acres of disturbance within the URA. There was discussion relative to the proposal of the relocation of a headwall and the house on Lot #1. Mr. Thibeault explained the proposed planting regime including over seeding, erosion control blanket and groundcover to eliminate runoff and stabilize the slopes. Mr. Schaefer inquired into the event that if ledge is in the sloping area what the applicants’ intent was. There was discussion regarding the leaving of ledge if it was encountered. Mr. Schaefer suggested to the Commission that they review the information presented and deem if there is a likelihood of significant impacts and not just possibility. Mr. Hyde stated he would like to see a phasing of the mere work to be accomplished. He noted the grading, the slope and the basins. Mr. Schaefer asked the Commission to consider if this project after modification with the O & M plan and maintenance of storm water, if they would consider this project having a significant negative impact on wetlands and if not, then to table the application until next month’s regular meeting to give the applicant ample time to get all necessary material together allowing the Commission to act accordingly. Mr. Hyde made a motion that the project does not constitute a significant activity; because no wetlands were being directly affected by the proposed activities and in light of the proposed storm water management the motion was second by Douglas Lee. Discussion continued in regards to the amount of materials to be removed from the site. Mr. Schaefer reminded the Commission they would need to determine if there is a likely hood, not a probability it would be detrimental to the wetland resources. Mr. Thibeault noted he would continue to work with Staff. Mr. Lee reminded the Commission that there was a motion made and second; Mr. Sharron oppose, the vote passed 3-1 to approve to TABLE the application until the next regular scheduled meeting of October 7, 2010. IWWCC #10-09 - 10 Roosevelt Avenue – Application of Norwich Public Utilities to construct a natural gas regulator building with associated pavement and retaining wall in the Upland Review Area. 4  Mr. Schaefer informed the Commission that the applicant has applied for a front yard setback variance to construct a 18’8”x18’ building. The proposed construction will not have any measurable off-site effects. A silt fence will be in place to prevent any migration of soil materials from the site. Staff recommended that the project be approved with the condition that a NPU engineer monitor the erosion sediment control barriers and the silt fence is kept up as needed. On a motion by Douglas Lee and second by Art Sharron, the Commission voted unanimously to APPROVE the application with the condition an NPU Engineer will be on site to monitor the sediment control barrier and monitor the silt fence during construction process. H. New Business: NONE I. New Business items submitted after agenda preparation and prior to The submission deadline: NONE J. Other Business: NONE K. Violations: NONE L. Adjournment Upon motion by Art Sharron and second by Douglas Lee, it was unanimously voted to adjourn at 8:15 p.m. Respectfully submitted, Darlene Fedus-Papineau, Recording Secretary 5