Inland Wetlands, Water Courses & Conservation Commission

October 5, 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 Art Sharron David Poore Michael Lahan, Alternate Robert McCoy, Alternate Absent: Brandon Hyde Douglas Lee 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 September 7, 2017 regular meeting with a correction under “New Business IWWCC #17-12” to replace that the motion was seconded by Art Sharron as it was seconded by Douglas Lee. The motion to approve the minutes as amended was seconded by David Poore. Motion carried unanimously. D. COMMUNICATIONS: 1. Eastern Connecticut Conservation District Annual Membership Deanna Rhodes stated that the City received its annual invoice for membership although the City hasn’t paid the invoice in years and was no longer a member. A short discussion ensued about the value of membership and Michael Lahan made a motion to empower Deanna Rhodes to request funding for the Eastern CT Conservation District membership for next year. Seconded by Art Sharron. Motion carried unanimously. 2. Connecticut DEEP Dam Safety General Permit Deanna Rhodes stated she received notification from DEEP about a permit issued for a drawn down of the Taftville Dam by First Light Power in the vicinity of 609 Norwich Ave. The drawn down is to repair flash boards and there’s no impact to the wetlands and no filling activities. E. PUBLIC HEARINGS: None F. OLD BUSINESS: 1. IWWCC #17-11 14 New London Turnpike. Proposal to clear vegetation from lot and place gravel for parking within the Special Flood Hazard and within 100’ of a wetlands. Application and property of John Wisniewski dba EWK LLC John Wisniewski, owner of 14 New London Turnpike, Payless Glass stated he just purchased the property at 12-14 New London Turnpike. He stated it’s been a parking lot for many years and people have trimmed the brush, put gravel down and paved it. He stated that he didn't cut down any trees, but he was cleaning up the brush and putting down processed stone when Ms. Rhodes saw the activity and stopped him stating the area is within the 100 year flood zone and requires IWWCC approval. David Poore asked if the owner if he would be doing any excavation. Mr. Wisniewski stated stumps will be taken out and that he’d be putting the dirt back and leveling it out. Mr. Wisniewski stated the vegetation is pretty much cleared and had grown back. David Poore inquired about statements in the application regarding a DEEP permit issued in 1984. Ms. Rhodes stated the applicant was incorrect in his assumption. The DEEP permit noted on the plan was not relative to this subject property and that it was for development on an adjacent lot within the same subdivision. The map copy used for the application was for reference only and was modified by her to show where the locations of the wetlands, 100 ft. regulated area, and the 100 year flood hazard area limit. Ms. Rhodes stated the land disturbance activities are not in the wetlands, but within upland and the Special Flood Hazard. Ms. Rhodes stated if the owner wanted to pave the area, he would have to go to Commission on the City Plan (CCP) and it would require much more intensive study by an engineer. Installing processed stone can be done with a zoning permit if approved by wetlands. Deanna Rhodes stated that a dumpster briefly mentioned by the owner must be located outside the 100 year flood hazard area and be placed in the corner of the wall (next to McDonalds) in the 500 year flood area. She showed the area on the map. Ms. Rhodes then read Pat McLaughlin, the City Engineer’s comments from a memo dated 9/29/17. David Poore stated the gravel would be an improvement to the area. Discussion ensued on alternatives including consideration of other pervious surfaces. Ms. Rhodes inquired about the depth of the gravel to be placed on site. Mr. Wisneski stated mostly 2"-3", but in one area 6" because of a drop off that needs to be leveled. The parking would be orderly with no overnight parking or inoperable vehicles on site. Ms. Rhodes stated the board had received her memo and reiterated recommended conditions she had stated in Item #4 of her memo dated October 2, 2017. Michael Lahan made a motion to determine that the proposal was not a significant activity requiring a public hearing. David Poore seconded the motion. Motion carried unanimously. David Poor made a motion to APPROVE IWWCC17-11 with the following conditions stated in the Wetland Agent memo dated October 2, 2017: 2 1. That the approval is valid for FIVE YEARS and will expire on 10/05/2022, however the work shall commence and be completed during a one week period during autumn 2017 when there is no rain forecasted. If the proposed activity is not started on or before the expiration date the approval is null and void. 2. That a bond, in an amount to be determined by the City Engineer, be submitted for Erosion and Sediment Control and Site Restoration. 3. 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. 4. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 5. 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. 6. 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. 7. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 8. That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. 9. 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. 10. 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 3  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. The motion was seconded by Michael Lahan. The reason stated for approval was that there is little impact to the wetlands with the gravel and that it will clean up and improvement the site. The motion passed unanimously. 2. IWWCC #17-12 603 (aka 607) Norwich Avenue & 426 Taftville-Occum Road. Modification of Expired Permit IW-BUF #06-05 for proposed land disturbance activities within 100 feet of a watercourse/wetlands. Activities include installation of drainage, recreation area with stone dust walking path and amenities, 4 ft. wide and 5 ft. wide concrete sidewalks, 18 parking spaces, ornamental metal fencing, chain link fence along canal may need to be replaced. Application and property of Ponemah Riverbank, LLC Attorney Louis Kaufman, Ponemah Riverbank, LLC, 241 Hudson Street, Hackensack, NJ gave a briefing on the project. Mr. Kaufman stated he was there to extend the wetland approvals. He stated that Ponemah Mill first phase will open for occupancy in November 2017. Mr. Kaufman then gave a brief description of the project including the number of residential units in each phase and stated that all improvements submitted in the original plan and modified in 2010 are being installed, except for one change relative to the drainage relocation into the pond which is part of the Shetucket River. He stated that the wetlands would be undisturbed and will utilize temporary soil erosion controls with hay bales. They will also comply with the landscaping plan which is part of the original approval. He reviewed all memo comments from Pat McLaughlin, City Engineer and Deanna Rhodes, City Planner and he had no objections. Art Sharron referred to Pat McLaughlin’s memo about compensatory landscaping for 10 parking spaces. Mr. Kaufman stated that the parking spaces have always been there and that he's not adding any more parking. Ms. Rhodes interjected and showed the IWWCC and applicant that there is a conflict in the plans for Ponemah. The landscaping plan for SDP 921, reviewed in 2006, does not show parking although the site plan does show parking. Ms. Rhodes stated that a total of 7 trees would need to be planted somewhere else to comply with Pat’s recommendation. Mr. Kaufman stated he thought that the IWWCC had approved a modified plan in 2010 showing the additional parking. Ms. Rhodes stated the last time wetlands approved was granted was for IW-BUF #06-05 which expired in 2011. There was no permits approved by the Commission since that original IWWCC approval. Richard Morell inquired whether they would be willing to install the 7 plantings, from the landscaping plan, in the recreational area now since the transformer and cooling tower had been moved elsewhere. Mr. Kaufman stated yes. Mr. Kaufman stated the project is significant, but the proposed changes are insignificant, and any disturbance is temporary and the completion of the pathways along the river will only enhance and should not rise to a significant disturbance. Deanna Rhodes restated the improvements listed in Attorney Kaufman’s application. These were the relocation of the drainage, recreational area with stone dust walking 4 path, 4' and 5' wide concrete sidewalks, 18 parking spaces, ornamental metal fencing replacement chain link fence all within 100 feet of the watercourse. Mr. Kaufman stated that the chain link fence is presently functioning and not in disrepair and not sure if it’s First Lights or theirs. Michael Lahan made a motion to determine that the proposal was not a significant activity requiring a public hearing. Art Sharron seconded the motion. Motion carried unanimously Motion was made by Art Sharron to APPROVE IWWCC17-12 with the following conditions stated in the Wetland Agent memo dated October 2, 2017 which incorporate recommendations from the City Engineer, Pat McLaughlin in his memo dated September 26, 2017: 1. That the approval is valid for FIVE YEARS and will expire on 10/05/2022. However, the Phase 1 & 2 landscaping, and completion and stabilization of the recreation area to include the walking path, must occur before the end of the Autumn 2017 growing season and that the landscaping in the recreation area include the seven plantings which are to be relocated due to the parking. 2. If the proposed land disturbance activities are not started on or before the expiration date above, the approval is null and void. 3. If determined that the existing bond is not sufficient, a bond, in an amount to be determined by the City Engineer, shall be submitted for Erosion and Sediment Control and Site Restoration relative to this approval. 2. 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. 3. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 4. 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. 5. 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. 5  6. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 7. That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. 8. 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. 9. 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. The motion was seconded by Michael Lahan. The reason stated for approval was it would have no significant impact on the wetlands. The motion passed unanimously. Art Sharron noted concern and embarrassment about expired permits and attributed it to staff positions being cut over the years. Ms. Rhodes assured him that she is looking into all the projects that the City is still holding bonds for to check their current status. G. NEW BUSINESS: Receipt of New Applications 1. IWWCC #17-15: 29 Weber Farm Road. Proposal for land disturbance activities within the 100 ft. wetlands upland review area to replace an existing pressure treated retaining wall with concrete, and to extend the retaining wall to create a gravel pad for placement of a future garage. Application of Ferencz Baczo. Property owner Laurentiu Petre Galan Family Limited Partnership Deanna Rhodes stated it was a new application for replacement of an existing pressure treated retaining wall with a concrete retaining wall and to extend it to create a pad for a future detached metal garage. The retaining wall is about 60' from the wetlands, which is located at the bottom of a slope in the rear yard. Ms. Rhodes stated the contractor started the work without permits and she referred it to the Chairman and Vice Chairman. Vice Chairman Douglas Lee recommended it come before the Commission as an application. David Poore noted that it is a residential area and the property owner was improving an existing wall and questioned why this couldn't be handled as an agent approval. 6  Richard Morell stated that it both he and Douglas Lee feel that when someone begins a project without permits that they should be brought in before the Commission to give them an opportunity to explain all the responsibilities that come with a wetlands permit. Motion was made by Art Sharron to TABLE until the next regular meeting November 2, 2017. Motion was seconded by Robert McCoy. Also voting in favor Richard Morell. David Poore opposed. Michael Lahan abstained. 2. IWWCC #17-16: 5 Woods Drive – Installation of drainage system overflow and associated outlet protection. Application and property of Five Norwich Woods, LLC. Deanna Rhodes stated that the application to address drainage at Norwich Woods had just been submitted and that neither she nor the City Engineer had reviewed it yet. Motion was made by Michael Lahan to TABLE IWWCC17-16 to the next regular meeting November 2, 2017. Art Sharron seconded. Motion carried unanimously. H. OTHER BUSINESS: 1. Staff Report: a. IWWCC Permits Issued by Agent for Disturbance within the Upland Review Area: 1. IWWCC17-10A – 141 Dunham Street. Construction of an 18’ x21’ attached garage within 100’ URA. Application and property of Odir Pontes. 2. IWWCC17-13A – 4 Hansen Road. For the replacement of three porch piers within 100’ Upland Review Area. Application of Charles Lillibridge; Property of Charles Lillibridge, Susan Phillips, and Mary Louise Altheiser. 3. IWWCC17-14A – 56 St. Regis Ave #52. For the replacement of 3 piers and porch floor within the URA and FEMA designated Floodway. Application of MGII Construction, LLC aka Michael Gwiazdowski; Property of Joshua Beaudry/Mark Longo for the Association Deanna Rhodes gave a brief report on the agent approvals. She had corresponded with Richard Morell and Douglas Lee and they approved handling each of these applications with an agent approval. Ms. Rhodes explained that the porch structure at 56 St. Regis Ave #52 was in the floodway and that she spoke to DEEP as they normally do not allow for any new structures in the floodway. DEEP stated as long as they’re not expanding the stairs and making them safer, it would be allowed. b. Complaints Received and Being Investigated- None c. Other: • Ms. Rhodes stated that she and John Salomone interviewed a potential new wetlands regular member named Peter Chalecki. She stated that there is one 7  regular member position open if anyone who is an alternate is interested in applying and wants to be moved up. • Agent approvals David Poore initiated a discussion about the agent’s authority to issue permits. Deanna clarified the process regarding how applications are currently handled. She stated that when an application is submitted, it is sent to the Chairman and Vice Chairman for their review and comment. This process was initiated because there wasn’t clear guidance given about what applications should be handled administratively. Ms. Rhodes noted that she isn’t uncomfortable determining whether an application should be an agent approval if it is within the upland review area. Richard Morell stated he thought that Ms. Rhode is capable and able to make the decision. Michael Lahan stated that he thought that the procedure was only when Ms. Rhodes had a problem with an application that it would it be forwarded to Richard and Douglas, and that she had the authority to do the agent approvals in the Upland Review Area. Richard Morell stated he and Douglas Lee thought Ms. Rhodes was uncomfortable with the determining agent approvals. Ms. Rhodes clarified that this wasn’t the case and only wanted some clear parameters. Richard Morell reiterated that he felt comfortable, as did the other members, with Ms. Rhodes making the decision, but requested that she email him and Doug Lee after she made her decision on an application. The Chairman requested that the clerk send them the minutes sooner. They need to be posted within 7 days and the clerk will accommodate this request. • POCD Plan Implementation Committee - Richard Morell and Deanna Rhodes both gave a brief update on the meeting and tasks that the IWWCC could work on relative to trails and open space. Mr. Morell requested a copy of the minutes of that meeting, telephone numbers, email addresses, and positions of the people that attended. The members discussed potential walking trails in the city. I. VIOLATIONS: None J. ADJOURNMENT: A motion was made by Art Sharron to adjourn the meeting at 8:24 p.m. Seconded by Michael Lahan. Motion carried unanimously. Respectfully submitted, Linda Lee-Smith Recording Secretary 8