Inland Wetlands, Water Courses & Conservation Commission

Regular Meeting Minutes August 1, 2024 CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION HYBRID MEETING A. CALL TO ORDER: Vice Chairman Douglas Lee called the meeting to order at 7:00 PM. B. ROLL CALL and SEATING of ALTERNATES: Vice Chairman Douglas Lee stated that all members present would be seated and voting during the meeting. Present: Douglas Lee, Chris Seery (ZOOM), Peter Chalecki (ZOOM) and Brandon Hyde. Absent: Richard Morell, Deane Nason and Nicholas Fortson. Also Present: Katherine Rose, Recording Secretary; and Dan Daniska, City Planner/Wetland Agent C. APPROVAL OF MEETING MINUTES: Brandon Hyde put forth a motion to APPROVE the July 11,, 2024 regular meeting minutes. Chris Seery seconded. All voted in favor. The motion passed unanimously. D. COMMUNICATIONS: Dan Daniska reported the pond at 289 New London Turnpike would be treated on August 9, 2024. E. OLD BUSINESS: 1. IWWCC #24-09: 45 Salem Turnpike Application for maintenance activities, including removal, disposal, and re-grading of overgrown vegetated areas in Ford Brook to improve water flow and quality. Proposed land disturbance activities within a regulated wetland and associated upland review area. Application and Property of The Harry Leiser Revocable Trust, Darryl Burchman, Principal. Assessor’s Map 115, Block 1, Lot 22, 14. Zone PC. Darryl Burchman presented the application for the Staples shopping plaza on Salem Turnpike. Mr. Burchman stated that a recurring obstacle over the past 15 years he’s managed the property is the immense flooding of the parking lot. Mr. Burchman stated he reached out to the city and was given emergency access to the lot from Old Salem Turnpike, but that access was chained off. Mr. Burchman stated that the flooding of the parking lot was due to Ford Brook being choked off by land growth. Mr. Burchman stated he was unsure of how many years of growth and erosion had occurred, but currently sediment had choked out the brook to where there was only about a foot of passage space in some areas. Mr. Burchman continued that because the water from the brook was not reaching the culverts to drain it instead flooded the lot and vehicles parked in it. Mr. Burchman stated he hired the National Water Main Cleaning Company who told him that the culverts were clean and the pitch was ideal, so that the problem was the water not making its way to the culvert. Mr. Burchman stated that the flooding had occurred five times in the last fifteen years so it was not a one-time occurrence. Mr. Burchman stated that he additionally would like to clean the garbage out of the brook, but his main concern was the safety of his tenants which included the Red Cross and a surgical center. Mr. Burchman stated he would like to narrow the stream to its proper length as shown on the site plan so that the water flows properly. Mr. Burchman explained that the culvert where Ford Brook enters his property would be used as the starting grade and they would shoot grades as they go along, based on the starting grade. Mr. Burchman stated that four inches before the brook reaches his driveway would be the lowest grade point. Mr. Burchman stated his goal is to pitch and widen the area so there is a proper flow for the water to go out of the culvert. Mr. Burchman stated there would be a few different staging areas where the removed material would be stored on site atop of straw waddles and fabric paper to dry out and then be removed from the site. Mr. Burchman stated that a six inch layer of gravel or stone would be put before the riprap, or utilize filter fabric paper, for sediment and erosion control. Mr. Burchman continued that the bank would be rebuilt with the riprap, then they would bring in topsoil and reseed. Mr. Burchman stated that he would like to begin on the project while the stream is at its lowest point. Mr. Burchman showed on the site plan where the water enters the property and showed where the flooding had undermined a portion of the site. Mr. Burchman stated they would also like to rebuild the bank in that area and install two concrete blocks to assist supporting the ground. Mr. Burchman added that straw waddles and hay bales, supported by wood posts, would be placed in the stream for additional erosion control. Mr. Burchman stated that silt fences could be placed as well, if required. Peter Chalecki asked what would be done with the spoils that are dredged out. Darryl Burchman reiterated there would be storage areas on the site where the spoils would be dried out completely and then properly disposed of. Dan Daniska asked how long the applicant thought the progress would take. Darryl Burchman responded approximately 7 to 10 days, depending on the weather. Brandon Hyde stated he would prefer hay bales be placed in the stream versus using silt fencing. Dan Daniska stated that city staff visited the site many times and all comments were addressed to staff’s satisfaction. Douglas Lee asked if the city engineer had weighed in on the capacity of the culverts and if they have the capacity to handle the increased flow. Dan Daniska responded that the engineer felt they were sufficient. Douglas Lee asked the applicant if the water was ponding further upstream and running into the driveway from that ponding, opposed to any ponding occurring down by the culverts. Darryl Burchman responded that the flooded water traveled from the east to the northwest from the culvert towards the Kentucky Fried Chicken building. Douglas Lee asked if the grading of the entrance to the culverts was sufficient, and if not was it addressed within the plan. Dan Daniska responded that currently with all the sediment the area was very shallow, like a sandbar. Douglas Lee asked if the entire channel would be drained. Darryl Burchman responded the channel would only be drained at the beginning and end points. Douglas Lee made a point of clarification that any dredging within the stream itself would occur 100 feet in front of the culvert entrance and 20 feet at the head of the channel. Brandon Hyde made a motion that the application was not a significant activity and would not require a public hearing. Peter Chalecki seconded. All voted in favor. The motion passed unanimously. Brandon Hyde made a motion to APPROVE IWWCC #24-09 with the comments and notes from the plan review memo, including the points made while discussing delineation within the meeting, as the proposed Erosion and Sediment controls are sufficient to protect the wetlands.  That the approval is valid for FIVE YEARS and will expire on 08/01/2029.  That the City Engineer’s Comments be addressed, as well as the comments from this plan review memo.  That streambed dredging will take place in an area approximately 40’ west of the culvert under the driveway entrance, approximately 100’ northeast of the culvert under the driveway entrance, and approximately 60’ in the vicinity of the culvert entrance of Ford Brook in the northeastern area of the property.   That final revised plans be submitted and reviewed by City Staff.  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. Chris Seery seconded. All voted in favor. The motion passed unanimously. F. NEW BUSINESS: ● Receipt of New Applications IWWCC #24-10 36 Huntington Avenue Application for a single-family home in an upland review area. Brandon Hyde made a motion to table the application until the next scheduled meeting.  Peter Chalecki seconded. All voted in favor. The motion passed unanimously. G. OTHER BUSINESS: None. H. VIOLATIONS: None. I. ADJOURNMENT: Brandon Hyde made a motion to adjourn the meeting at 7:26 PM. Chris Seery seconded. All voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose - Recording Secretary