Inland Wetlands, Water Courses & Conservation Commission

Regular Meeting Minutes April 7, 2022 CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION VIRTUAL/REMOTE MEETING A. CALL TO ORDER: Chairman Richard Morell called the meeting to order at 7:00 PM. B. ROLL CALL and SEATING of ALTERNATES: Present: Chairman Richard Morell, Vice Chairman Douglas Lee and Peter Chalecki. Brandon Hyde arrived at 7:01 PM. Absent: Robert McCoy Also Present: Dan Daniska, Assistant City Planner and Katherine Rose, Recording Secretary. C. APPROVAL OF MEETING MINUTES: Douglas Lee put forth a motion to APPROVE the February 3, 2022 regular meeting minutes. Peter Chalecki seconded. Peter Chalecki, Douglas Lee, Brandon Hyde, Michael Lahan and Richard Morrell voted in favor. The motion passed unanimously. D. COMMUNICATIONS: Dan Daniska stated in February he received a notice from First Light Hydro, in regards to the Taftville Generating Station, stating they would be submitting a NPDES permit application for incidental discharges associated with running the plant. Dan Daniska stated he also received a notice on March 17th from DACO stating they submitted a DEEP permit for 190 South Thames Street to conduct work water ward of the high tide line in tidal coastal or inevitable waters of the state in that area. E. PUBLIC HEARINGS: None. F. OLD BUSINESS: 1. IWWCC #22-02: 722 Boswell Avenue - Proposed activity in the Upland Review Area related to the reconfiguration and upgrade of an existing gas station and convenience store. Upland area proposed work includes demolition of existing store and construction of the new store, reconfiguration of the existing parking and circulation drives, grading for compensatory storage within the FEMA Floodway, and grading required to construct a rain garden for the roof drainage from the proposed store and fueling island canopy. Application and property of M and T Land, LLC. Assessor’s Map 79, Block 1, Lot 2. Zone GC. David McKay from Boundaries LLC reported, on behalf of the applicant M and T Land LLC, that they are seeking to make improvements to the existing fueling station and convenience store at 722 Boswell Avenue. David McKay stated there are wetlands located at 682 Boswell Avenue which are separated from the property at 722 by a driveway that runs to the car wash at 690 Boswell Avenue. David McKay continued that the upland review area from the wetland system runs halfway down through the middle of the property at 722 Boswell Avenue. David McKay stated that the proposal included reconstructing the convenience store from 590 square feet to 2,100 square feet; adding a canopy over the fueling islands; and reconfiguring the parking lot to reduce pavement around the site, while introducing some landscape islands. David McKay reviewed the existing conditions survey, site demolition plan and current site plan, which included comments from the city. David McKay stated the existing convenient store would be demolished and pavement would be removed for new landscaping. David McKay discussed the work that would be occurring within the upland review area such as constructing the new parking spaces, the new building footprint and the re-striped parking area. David McKay stated a rain garden would be installed in the northwest corner of the property that would be sized to take 1” off run off from the new roof surface and canopy over the fueling stations. David McKay discussed the site grading plan which included grading to provide compensatory storage as the property is located within the FEMA floodway. David McKay discussed how drainage on the site would flow. David McKay added that the demolition plan proposed a row of silk fences at limits of grading that will extend along limits of driveway and limits of grading, as well as an intermediate barrier of silk fence along top of the slope. David McKay reviewed the erosion and sedimentation control notes. David McKay stated they would be repairing the catch basin to the rear of the property per the comment by Brian Long. Brandon Hyde asked if there would be an increase in impervious surface overall on the site. David McKay responded there was a decrease in impervious surface from 3,000 feet overall. Brandon Hyde asked how much of the parking lot goes towards the back of the property versus towards Boswell Avenue. David McKay responded that all of the parking lot essentially drains north to south, then is collected in a concrete gutter that runs to the catch basins. Robert Morrell noted the amount of flooding that occurs in the area. David McKay responded the issue had been discussed and showcased where his understanding of flooding extends. Discussion ensued. David McKay stated the building will be dry flood-proofed in an effort to address the existing flooding condition. David McKay discussed comments made by the city engineer and what was done to the plans to address them. Dan Daniska stated all comments made by himself and the city engineer were addressed. Brandon Hyde made a motion that the application was not a significant activity and did not require a public hearing. Michael Lahan seconded. All members voted in favor. The motion passed unanimously. Brandon Hyde made a motion to APPROVE IWWCC APPLICATION #22-02 with the following conditions: 1. That the approval is valid for FIVE YEARS and will expire on 04/07/2027. 2. That a bond, in an amount satisfactory to the City Engineer, be submitted for Erosion and Sediment Control and Site Restoration. 3. That the Review Comments from the City Engineer in an email dated 03/28/2022 be addressed before the final revised plans be submitted and reviewed by City Staff. 4. That final revised plans be submitted and reviewed by City Staff. 5. 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. 6. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 7. 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. 8. 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. 9. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 10. That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. 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. REASON: The proposed Erosion & Sediment Controls are deemed sufficient to protect the nearby wetlands. Douglas Lee seconded. All members voted in favor. The motion passed unanimously. 2. IWWCC #22-03: 210 Salem Turnpike - Proposed activity in the Upland Review Area related to the construction of a new, three-level self-storage building with associated parking. Work in the Upland Review Area will include excavation, grading, new drainage and pavement. Approximately 0.42 acres of disturbance is anticipated in the Upland Area. Application of Ron Lyman. Property of OWUNNEGUNSETT, INC., Ron Lyman, Principal. Assessor’s Map 121, Block 2, Lots 22, 23, 24. Zone PC. Darren Hayward of CLA Engineer stated the applicant is looking to put a three-level storage building at 210 Salem Turnpike and howcased the existing conditions plan. Darren explained that the parcel is currently 1.8 acres of undeveloped vegetated lands which drains south on a moderate 6% slope into an intermittent watercourse. Darren Hayward continued the runoff enters the wetlands and then is conveyed by a culvert underneath Montville Road and eventually flows into Trading Cove. Darren Hayward stated there is approximately .1 acres of regulated wetlands at the southern end of the site. Darren Hayward stated the project proposed a new 3 level sub story building with associated parking and that access to development will be through Salem Turnpike for both exit and entrance. Darren Hayward stated there was also an entryway at the south portion of the parcel from Montville Road. Darren Hayward stated the approximate area of disturbance on the site was 1.7 acres. Darren Hayward showcased the erosion and sediment control plan which would include a swail running along western side of the property to capture runoff from the site and deposit into a temporary sediment trap during construction. Darren Hayward stated the upland area of the wetlands would be protected by a silt fence and a hay barrel backed silt fence. Darren Hayward stated that no construction would occur in the wetlands or watercourses. Darren Hayward stated that construction was expected to take approximately a year and planned to commence during 2022, pending permits and reviews. Darren Hayward stated the plan was designed to ensure no increase in run off rates or volumes and the soil scientist concluded there would be temporary or post impact to the wetlands. Darren Hayward discussed the details of drainage on the site. Brandon Hyde asked if there was a curbed dilleniating grass area in the south end of the parking lot. Darren Hayward responded there was not; runoff would sheet flow off and there would be a three foot stone level spreader to protect the grass area from collecting sediment at the edge of the lot, which then would overflow and collect into the catch basin. Brandon Hyde asked if the predominant grade would extend out to Montville Road and how much water he thought would reach the road. Darren Hayward responded a small amount, based on the proposed plan. Brandon Hyde asked if it would be a retention or detention basin. Darren Hayward it had to be a detention basin due to the proximity to the water level. Michael Lahan Made a motion to To APPROVE IWWCC APPLICATION #22-03 with the following conditions: 1. That the approval is valid for FIVE YEARS and will expire on 04/07/2027. 2. That the required bond, in an amount deemed satisfactory to the City Engineer, be submitted for Erosion and Sediment Control and Site Restoration. Bonds must be submitted in a form acceptable to the City (check or letter of credit) prior to any land disturbance activities occurring. 3. That the Review Comments from the City Engineer in an email dated 03/11/2022 be addressed before the final revised plans be submitted and reviewed by City Staff. 4. The property owner should install some sort of barrier to prevent vehicles from using the site as a cut-through from the Wal-Mart parking lot in the short term before the lot is developed, as the cut through is relatively close to the wetlands area. 5. That final revised plans be submitted and reviewed by City Staff. 6. That the City’s letter of approval be placed on the final revised plan set (cover page preferred).  7. 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. 8. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 9. 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. 10. 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. 11. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 12. That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. 13. 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. 14. 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. REASON: The proposed Erosion & Sediment Controls are deemed sufficient to protect the nearby wetlands. Douglas Lee seconded. All members voted in favor. The motion passed unanimously. G. NEW BUSINESS: 1. Receipt of Applications Dan Daniska reported that there were two applications to receive, and the second application would require a bit of discussion. Mr. Daniska asked the commission to receive them one at a time. The first application was IWWCC #22-04, it is an application from Norwich Public Utilities regarding Water Main installation in the vicinity of Wawecus Street. Brandon Hyde made a motion to receive and table  IWWCC #22-04 until the next meeting. Michael Lahan seconded. All voted in favor. The motion passed unanimously. Mr. Daniska reported that the second application, IWWCC #22-05, was for the Business Park North. Staff would like to open the public hearing at the May 5th meeting, schedule a site walk for some time in May, and then cancel the June 2nd meeting and schedule a Special Meeting for June 16th. Mr. Daniska then engaged in conversation with the Commission regarding a date for the site walk, which was anticipated to take 3-4 hours. Douglas Lee made a motion to open the application for a public hearing at the May regular meeting. Peter Chalecki seconded. Richard Morell, Douglas Lee, Peter Chalecki and Michael Lahan voted in favor. Brandon Hyde abstained. The motion passed. Michael Lahan made a motion to cancel the regular June meeting and hold a special meeting on June 16, 2022. Douglas Lee seconded. All voted in favor. The motion passed unanimously. The Commission agreed to schedule the site walk for Thursday May 26, 2022 at 3:30 PM. Meeting location TBD. H. OTHER BUSINESS: None. I. VIOLATIONS: None. J. ADJOURNMENT: Douglas Lee made a motion to adjourn the meeting at 7:44 PM. Michael Lahan seconded. Brandon Hyde, Peter Chalecki, Douglas Lee, and Richard Morrell voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose, Recording Secretary