Inland Wetlands, Water Courses & Conservation Commission

July 6, 2017 Regular Meeting Minutes CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION Lower-level Conference Room 23 Union Street, Norwich, Connecticut A. CALL TO ORDER: Chairman Richard Morell called the meeting to order at 7:00 p.m. B. ROLL CALL and SEATING of ALTERNATES: Present: Richard Morell, Chairman Douglas S. Lee, Vice-Chairman Brandon Hyde Art Sharron Robert McCoy, Alternate Absent: David Poore Michael Lahan, Alternate Also Present: Deanna Rhodes, IWWCC Agent, and Linda Lee Smith, Recording Secretary Richard Morell stated there were five members in attendance and all were seated. C. APPROVAL OF MEETING MINUTES: A motion was made by Art Sharron to APPROVE the minutes of the June 1, 2017 regular minutes. Seconded by Robert McCoy. Motion carried unanimously. D. COMMUNICATIONS: Resolution Reappointments Deanna Rhodes read the resolution which reappointed Douglas Lee and Richard Morell at the June 5, 2017 Council meeting; Arthur Sharron and David Poore were also reappointed at the June 19, 2017 Council meeting. Deanna Rhodes reminded Brandon Hyde and Robert McCoy they haven’t completed their Ethics training and they haven’t submitted their reappointment applications. Art Sharon had a comment as he was reappointed by the City Manager with Council approval and he thought he was appointed to the Wetlands Commission because he was on the CCP and recommendation from Planning. He stated Michael Lahan was the alternate. Deanna Rhodes stated Mr. Sharron’s term to expire was stated as February 28, 2017. Discussion ensued about it. Brandon Hyde arrived at 7:05 p.m. E. PUBLIC HEARINGS: None F. OLD BUSINESS: 1. IWWCC #17-05: 15 Connecticut Avenue. Proposal for land disturbance activities within the 100 ft. upland review area to construct a 37 x 20 building addition along the southern end of the existing building; driveway, parking and sidewalk improvements; construction of a new concrete pad for two air conditioning units; relocation of the perimeter fence to enclose the expansion area; minor utility installation and related grading; installation of two concrete retaining walls, and concrete pad for relocation of the access doorway for the existing building. Application and Property of Comcast-Western New England Region. (Note: This proposal was modified since received at the 06/01/17 meeting) Deanna Rhodes explained that we had received their wetlands application last month and the disturbance was going to be within the regulated area. They have come back with a revised application and a new location for the addition to work within the Upland Review Area and not in the wetlands. Tom Carlone, Architect for the Comcast cable company introduced himself. He also introduced Brendan Clifford who is in charge of their Critical Infrastructure, and Brian Golembiewski who is a soil scientist and biologist. Mr. Carlone stated the property had been surveyed with the existing building and the 740’ addition for a planned computer center (not a full time staffed facility). The one story addition was moved to the buffer area and would not go into the wetlands at all. With the addition there is no additional impacts to any natural areas around the perimeter of the compound. There is a drainage/watercourse which extends through a culvert to the Yantic River. Deanna Rhodes stated they will be constructing a 37’ x 20’ addition on the southern end and to include other improvements including a new driveway. Brian Golembiewski gave brief overview of the project. Douglas Lee asked if there were drawings for an Erosion &Sediment (E&S) Plan. Tom Carlone stated the site plan shows the E&S plan. Douglas Lee was concerned about the topography of the site and that any erosion controls would be taken care of. Tom Carlone stated there will be silt fencing. He stated there would be very little land disturbance of the lawn as the driveway is already there and the area is so small and outside the Upland Review Area in reference to the drainage as it’s mostly gravel. Brian Golembiewski stated the site slopes from the road upward. He explained everything drains in the same direction and goes into the gravel and over the lawn as this is a much vegetated area. The Commission members had concerns because of the topography and stabilization of the site during the construction with rain events. Discussion ensued on the hay bales and silt fencing. Another concern was to make building the retaining wall to make sure it’s secured. Deanna Rhodes stated she did talk to the City Engineer and he didn't have any problems with the drainage. He did have two other concerns. The existing paved driveway it’s narrow and doing some work in the driveway it needs to be widened as it’s too narrow and people are driving over it and it’s eroding and needs to be repaired. Tom Carlone stated the stabilization would be taken care. Ms. Rhodes stated the other driveway which is to the emergency generator, DPW had said they didn't approve the driveway that is presently there, but it was put in the regulated area within the 100' and only to be used for maintenance to the emergency generator. 2 Deanna Rhodes stated the revisions had been taken care of for the 2 concrete retaining walls and brought into the 6' maximum height. Ms. Rhodes asked the Commission to include the 2 comments from the City Engineer that the silt fence be modified to be contiguous arched as discussed and the standard 5 years and bond be calculated for E&S by the City Engineer and to include the City’s standard conditions. Brandon Hyde made a motion that this is not a significant impact. Douglas Lee seconded. Motion carried unanimously. Douglas Lee made a motion to APPROVE IWWCC17-05 with the 12 conditions already outlined by the City Agent, Deanna Rhodes including two contiguous arcs for silt fencing and the comments from the City Engineer. Brandon Hyde seconded. Motion carried unanimously. Conditions for IWWCC App. #17-05 15 Connecticut 1. That the silt fencing shown on the plan be modified and installed as two contiguous arcs. 2. That the paved driveway be widened where it currently narrows to keep the gravel from eroding into the roadway. 3. That the use of the existing gravel driveway be limited to only emergency generator maintenance because the location is problematic and was not approved by Public Works. 4. That the approval is valid for FIVE YEARS and will expire on 07/06/2022. If the proposed activity is not started on or before the expiration date the approval is null and void. 5. That a bond, in an amount to be determined by the City Engineer, be submitted for Erosion and Sediment Control and Site Restoration. 6. That all site activities shall be conducted in accordance with the plans, specifications and documents of record. Any deviation from the approved plans or construction sequence shall be cause for enforcement action by the Inland Wetlands, Watercourses and Conservation Commission. 7. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 8. That all work and all regulated activities conducted pursuant to this authorization shall be consistent with the terms and conditions of this approval. Any structures, excavation, fill, obstructions, encroachments or regulated activities not specifically identified and authorized herein shall constitute a violation of this approval and may result in its modification, suspension, or revocation. Upon initiation of the activities authorized herein, the permittee thereby accepts and agrees to comply with the terms and conditions of this approval. 9. That no equipment or materials including without limitation fill, construction materials, or debris, shall be deposited, placed, or stored in any wetland or watercourse on or off site unless specifically authorized by this approval. 3  10. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 11. That all erosion and sediment control measures shall be in accordance with the Connecticut Guidelines for Erosion and Sediment Control. Erosion and sediment control measures shall be installed and inspected prior to site disturbance. It is the permittee's responsibility to schedule the inspection with the Norwich Planning Department. Additional erosion and sediment control measures shall be installed if determined to be necessary by the Designated Agent. The permittee shall take such necessary steps consistent with the terms and conditions of the approval, to control stormwater discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses. 12. That this permit will be strictly enforced. The Commission may suspend or revoke this permit, may direct the Commission's Agent to issue a cease and desist order or may require the applicant to modify, extend, or revise the site work or restore the area to its original condition if it finds that the applicant has not complied with the conditions set forth in this approval or if the applicant exceeds the scope of this approval as set forth herein or if the intended use or actual use of the general site is not as represented by the application or the plan of record. G. NEW BUSINESS: Receipt of New Applications - None H. OTHER BUSINESS: 1. Staff Report: a. IWWCC Permits Issued by Agent for Disturbance within the Upland Review Area: 1. IWWCC #17-06A Application of Mason’s Touch LLC (aka Vincent Patterson Jr.), for property owners Alexander L. & Debra L. Hartley for the removal of a stone wall, regrading lawn, and topsoil & seeding an area. Deanna Rhodes stated this application was for the removal of a stone wall, re-grading the front lawn. This was a wooded forested vegetated wetlands that was across the street. The Commission noticed the address hadn't been listed and just a note to make sure on future agent approvals it’s included. Deanna Rhodes was authorized to issue the permit by agent approval. 2. IWWCC #17-07A Application of Zimmerman Construction for property owned by Kristin McGath & Sharon Vasta for the installation of 3 proposed footings to support a load bearing beam under an existing deck. Deanna Rhodes stated this application was for the installation of 3 proposed footings to support a load bearing beam under an existing deck. This was for 228 South Thames Street which had been omitted from the agenda. Deanna Rhodes was authorized to issue the permit by agent approval. Complaints Received and Being Investigated- None 4  a. Other: 1. Deanna Rhodes asked the Commission if there were bylaws and they stated yes and when elections are to be done. 2. Deanna Rhodes is putting together the implementation committee for the Plan of Conservation and Development (POCD) and has been asked to have a wetlands volunteer and alternate for attendance. Reminder please make an agenda item for next month. Richard Morell volunteered and Douglas Lee as an alternate. I. VIOLATIONS: Update on Cease & Desist for Unauthorized land disturbance in regulated upland review area on property located at 55 Terminal Way (Assessor’s Map 124-2-22). Property owned by WISP Partners. Deanna Rhodes stated she would be meeting with Marcy Balint from DEEP and talk specifically about the site and the CAM. J. ADJOURNMENT: A motion was made by Art Sharron to adjourn the meeting at 7:34 p.m. Seconded by Robert McCoy. Motion carried unanimously. Respectfully submitted, Linda Lee-Smith Recording Secretary 5