Inland Wetlands, Water Courses & Conservation Commission

Regular Meeting Minutes May 5, 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 7:04 PM. B. ROLL CALL and SEATING of ALTERNATES: Present: Chairman Richard Morell, Vice Chairman Douglas Lee (ZOOM), Peter Chalecki (ZOOM), and Brandon Hyde (ZOOM). Absent: Robert McCoy Also Present: Attorney Mark Block; Kevin Brown, NCDC; Henry Resnikoff, Project Consultant; Jeff Board and Brian Carey, Bowler Engineering; Chris Allen, Land-Tech Consultants; Kyle Haubert, CLA Engineers; Deanna Rhoades, City Planner; Dan Daniska, Assistant City Planner (ZOOM); and Katherine Rose, Recording Secretary. C. APPROVAL OF MEETING MINUTES: Douglas Lee put forth a motion to APPROVE the April 7, 2022 regular meeting minutes. Peter Chalecki seconded. Peter Chalecki, Douglas Lee, Brandon Hyde and Richard Morrell voted in favor. The motion passed unanimously. D. COMMUNICATIONS: None. E. PUBLIC HEARINGS: 1. IWWCC #22-05: Business Park North Proposed construction of a 40 foot curb to curb roadway that extends approximately 1.4 miles from CT-97 to Lawler Lane. Proposed construction of the roadway, associated utilities, and storm water management system will result in the removal of wetland soil and vegetation. Work will occur within the Wetland Regulated Area, Upland Review Area, and cross Byron Brook. Includes land disturbance activities associated with future development sites that are part of a proposed business park project. The project area includes approximately 367 acres of land north of Interstate 395 (I-395), east of Scotland Road and west of Taftville-Occum Road (CT-97). I- 395 runs along the southern border while Lawler Lane, Old Canterbury Turnpike, Canterbury Turnpike and CT-97 all border different parcels that comprise the site. Application of Norwich Community Development Corporation, c/o Kevin Brown, President. Property of M&A Holdings, LLC / Byron Brook Country Club, LLC, Robert J. Arnone, Member. Assessor’s Map 19, Block 2, Lot 16, 55, 46; Map 23, Block 1, Lot 7, 8; Map 24, Block 1, Lot 1, 8, 12, 13, 54; Map 25, Block 1, Lot 1, 2. Zone PDD & GC. Douglas Lee made a motion to open the public hearing at 7:08PM. Peter Chalecki seconded. Peter Chalecki, Douglas Lee, Brandon Hyde and Richard Morrell voted in favor. The motion passed unanimously. Attorney Mark Block of 138 Main Street, Norwich, stated he was presenting as counsel for NCDC, who is working to develop the Business Park North parcel. Attorney Block explained that the overall project consisted of the development of an approximately 283 acre property, however the applicant was for approximately 8,000 feet of proposed roadway to access the business park. Attorney Block stated the applicant did not involve any other activity within the property. Attorney Block explained that any future purchaser of a lot within the business park would be required to come before the commission for any required permits associated with their parcel. Attorney Block stated the wetlands were flagged by Land Tech within the last 30 days in accordance to ACEO standards. Attorney Block stated the application only affected approximately .22% of the entirety of wetlands on the site. Attorney Block stated there would be 14,139 square feet of non-wetland regulated activity within the upland review area. City Planner Deanna Rhoades asked if the application was pertaining to lot development. Attorney Block responded the application only applied to wetlands involving the proposed road, not wetlands that would apply to any further lot development. Assistant City Planner Dan Daniska noted that the legal notice stated the application “includes land disturbance activities associated with future development sites that are part of a proposed business park project.” Jeff Board of Bowler Engineering in Hartford, CT stated that they would speak highly of the proposed lot development but it was not directly part of their presentation. Jeff Board stated the proposed road was a 1.4 mile stretch with 11 foot travel lanes, a 4 foot paved shoulder, 3 foot gravel strips and a 10 foot wide permeable pavement multi- use trail on either side of the roadway. Jeff Board stated there would be a timber guard rail between the roadway and multi-use trail and there would also be gravel road storage underneath the permeable pavement. Jeff Board explained the design was built around low-impact. Jeff Board stated they utilized curb-less design so that the edge of the gravel road strips that help to infiltrate water, along with the multi-use trail, would serve as water quality treatments. Jeff Board noted that the 2004 CT Stormwater Quality Manual requests 34,500 cubic feet of volume, where their proposal provides 35,500 cubic feet. Jeff Board showed the wetland crossing points on a map. Jeff Board stated the proposal includes natural vegetative bottoms to decrease the amount of disturbance and attempt to utilize existing crossings. Jeff Board stated seed mix would be planted in the 11 basins he previously referred to and detailed the grading and drainage plans for each of the 11 basins. Chris Allen of Land-Tech Consultants, 518 Riverside Avenue in Westport, stated he is a registered soil and wetland scientist who was responsible for delineating wetlands on the approximately 240 acres. Chris Allen stated he delineated 79.69 acres of wetlands scattered throughout the property in November 2021. Chris Allen stated he set up 47 plots throughout the property and documented the conditions. Chris Allen discussed the various types of wetlands located on the property and the flows of waterways associated with the property. Chris Allen stated the proposed roads were designed to avoid as much of the wetlands as possible and worked with existing farm roads and crossways. Douglas Lee made a motion for the public hearing to remain open until the June 16th special meeting, with a guided site walk to occur on May 26th at 3:30PM. Brandon Hyde seconded. Peter Chalecki, Douglas Lee, Brandon Hyde and Richard Morrell voted in favor. The motion passed unanimously. Discussion ensued and an agreement was made to meet at the Occum Fire Department located at 44 Taftville-Occum Road in Norwich. F. OLD BUSINESS: 1. IWWCC #22-04: Wawecus Street Water Main Extension + Bridge Deck Replacement Installation of an 8” Water Main along portions of Otrobando Avenue, Wawecus Street, and Browning Road. Project extent is from the vicinity of 185 Otrobando Avenue to 44 Browning Road. Replacement of bridge deck for Bridge #103007 on Otrobando Avenue. Project requires the temporary disturbance of approximately 1270 sq. ft. of Regulated Area. Application of Norwich Public Utilities / City of Norwich, property of City of Norwich. Kyle Haubert of CLA Engineers, Main Street, Norwich, presented on behalf of applicant Norwich Public Utilities. Kyle Haubert stated the applicant’s intention is to extend the water main that currently exists on Otrobando Avenue easterly and southerly on Wawecus Street in order to service residents on Browning Road. Kyle Haubert discussed the layout of the area. Kyle Haubert explained there is currently a 2-inch water service that crosses Otrobando Avenue through the middle of the bridge area and then continues to the little league field, which presently only services the little league field. Kyle Haubert stated there was also a gas main in the area that runs parallel with the water. Kyle Haubert stated the proposal is to have the water main cross at the southern inlet side of the bridge and then route around the bridge into the roadway, as well as installing the gas main to run parallel in that area. Kyle Haubert stated the goal is to remove all services from running through the middle of the bridge for various safety and maintenance reasons. Kyle Haubert stated there would be a full-time inspector on site observing the work as it occurs. Kyle Haubert stated that side of the bridge was chosen due to less wetland disturbance than the opposing side and that it was also in the vicinity of the road discharge. Kyle Haubert stated that the road in the area has currently been reduced to one-lane traffic due to a sinkhole that opened up at the bridge deck. Kyle Haubert stated the proposed project also included the replacement of the bridge deck after the utilities were relocated out of the bridge channel. Kyle Haubert stated the existing abutments would remain and that a new concrete deck would be poured above them, once the old deck is saw cut out. Richard Morrell asked if the street would be dammed up in order for the work to occur in the stream bed. Kyle Haubert responded the goal is to work during the dry time but there were provisions included for a temporary culvert. Kyle Haubert stated they anticipated the work through the wetlands would take approximately three days. Douglas Lee made a motion that the application was not a significant activity and did not require a public hearing, as the proposed ENS controls were deemed sufficient to protect the nearby wetlands. Brandon Hyde seconded. Douglas Lee, Peter Chalecki, Brandon Hyde and Richard Morrell voted in favor. The motion passed unanimously. Douglas Lee made a motion to APPROVE IWWCC APPLICATION #22-04 with the following conditions: ● That the approval is valid for FIVE YEARS and will expire on 05/05/2027. ● That final revised plans be submitted and reviewed by City Staff. ● The applicant should have the signature of the Certified Soil Scientist added to the final plan. ● That the City’s letter of approval be placed on the final revised plan set (cover page preferred). ● 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. ● That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. ● 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. ● 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. ● That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. ● That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. ● 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. ● 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. Peter Chalecki seconded. Douglas Lee, Peter Chalecki, Brandon Hyde and Richard Morrell voted in favor. The motion passed unanimously. G. NEW BUSINESS: None. H. OTHER BUSINESS: None. I. VIOLATIONS: Dan Daniska stated he received word of material being placed on the embankment of Yantic River on Town Street behind the former Uncas Pharmacy. Dan Daniska stated he visited the site with the city engineer and zoning enforcement officer, during which time they spoke for approximately an hour with the tenant of one of the homes, notifying them that material cannot be placed on the embankment. Dan Daniska stated the following day the tenant began removing what had been placed on the embankment. Dan Daniska state he would report back at the July meeting and that the zoning enforcement office would be a developing letter to list joint conditions. J. ADJOURNMENT: Douglas Lee made a motion to adjourn the meeting at 7:52 PM. Peter Chalecki seconded. Brandon Hyde, Peter Chalecki, Douglas Lee, and Richard Morrell voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose, Recording Secretary Regular Meeting Minutes April 7, 2022