Inland Wetlands Commission

CITY OF TORRINGTON INLAND WETLANDS COMMISSION MEETING MINUTES September 26, 2023 Present: Jay Bate, Jr., Chair Christine Altman, Vice Chair Joe Paganini, Member Adrienne Barbe, Member Randall Stelma, Member Also Present: Nate Nardi-Cyrus, Assistant City Planner and Inland Wetlands Officer 1. Call To Order: Chair Jay Bate, Jr., called the meeting to order at 7:00 p.m.; City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT, and via remote meeting via Microsoft teams meeting. 2. Roll Call and Announcement: Chair Bate announced present and serving on the Commission this evening are Commission members Christine Altman, Joe Paganini, Adrienne Barbe, Randall Stelma and Jay Bate. Also present is Nate Nardi-Cyrus, Assistant City Planner and Inland Wetlands Enforcement Officer. 3. Minutes for Approval: a. August 22, 2023 MOTION by Ms. Altman to approve the August 22, 2023 minutes, seconded by Mr. Paganini, unanimously carried. 4. Old Business: a. Applicant: Mike Perugini Location: 811 Torringford Street (Assessor Map 144 Block 002 Lot 002) Activity: Construction of house within upland regulated area Mr. Nardi-Cyrus reviewed City Engineer Paul Kundzins’ comments which still need to be addressed. Applicant Mike Perugini will be hiring someone else to address the Engineering concerns, as his current person is not responding. Mr. Nardi-Cyrus explained the timing  of this application; a written request needs to be submitted by the applicant for a time extension. MOTION by Ms. Altman to table this application for 811 Torringford Street, seconded by Mr. Stelma, unanimously carried. b. Property Owner: Berat and Festim Arjo Location: 207 Silver Brook Lane (Assessor Map 219/001/197) Activity: Restoration to remediate grading and filling of mapped wetlands within the URA Mr. Nardi-Cyrus provided background history on this site, this application is the result of a Show Cause Hearing. The Inland Wetlands Commission asked for a $725.00 after the fact application fee, and Mr. Arjo requested he not pay the full amount, and asked why he has the pay this amount. Mr. Nardi-Cyrus responded without the payment of the fee, the application cannot proceed. Mr. Arjo stated he went only one foot too far, and wants to fix up the area, only ten square feet has been extended. Mr. Arjo said he did not touch the brook, and Mr. Nardi- Cyrus confirmed this (portions inaudible). Mr. Arjo stated he pays a lot of taxes, and he disagrees with this $725.00 fee. Mr. Bate noted this is not the first violation at this site. Mr. Nardi-Cyrus reviewed that in 2018 there was a Show Cause Hearing, and Mr. Arjo was given an agent determination permit. In this current situation, Mr. Nardi-Cyrus does not issue permits for disturbance in the wetlands areas, he will issue permits if there is something built in the upland review area. Any disturbance in the actual wetlands area is brought before this Inland Wetlands Commission. Mr. Nardi-Cyrus said after the Cease and Desist Order was issued, the site has been stabilized and a structure for pheasants was removed. The map was reviewed and discussed by the Commission, approximately 381 square feet was disturbed. Fee waivers were discussed by the Commission, along with site features referring to maps. Mr. Arjo stated he did nothing wrong, and just trying to improve his property. The pheasant enclosure was discussed. It was the consensus of most Commission members that the fee is clearly stated in the regulations and beyond the scope of this Commission’s ability to reduce fees. Site features were reviewed again by the applicant and Commission members and Mr. Nardi-Cyrus. (portions inaudible) The Commission agreed to charge $225.00 as the application fee. The wetlands area will be seeded with a native mixture seed product. Torrington Inland Wetlands Commission Meeting Minutes – September 26, 2023 Page 2 of 6  MOTION by Ms. Altman that the application fee shall be $225.00 for: Property Owner: Berat and Festim Arjo Location: 207 Silver Brook Lane (Assessor Map 219/001/197) Activity: Restoration to remediate grading and filling of mapped wetlands within the URA Motion seconded by Mr. Paganini, unanimously carried. c. Applicant: Miklos Joo Location: 399 Notting Hill Gate (Assessor Map 219 Block 001 Lot 069) Activity: Installation of gravel pad and shed within mapped wetlands Mr. Joo appeared before the Commission and explained he placed a shed in the wetlands area in error. He was hoping to pay a fine and keep the shed in its present location. Mr. Bate noted there are other locations on the property that are suitable for the shed that are not in the wetlands. Mr. Nardi-Cyrus reviewed the zoning setbacks which must also be adhered to, and details of the zoning setbacks were discussed. It was the consensus of the Commission that the shed needs to be pulled out of the wetlands, and there are other locations on site that can be utilized. The application will be withdrawn, and the applicant will return with an Agent Determination application to place the shed in an appropriate location. 5. New Business: a. Applicant: David Alfano Location: 87 Eagle Ridge (Assessor Map 244 Block 006 Lot 173) Activity: Restoration of unpermitted altered wetlands. Ryan Nelson, Wetlands Soil Scientist, appeared representing the applicant. A series of restoration measures will be implemented. Site details were discussed, maps were reviewed, and shrubs will dominate the planting schedule. Silt fencing will be properly installed in the correct locations. Mr. Nardi-Cyrus reviewed past history of this site from the previous violation. This is a complex situation and will require oversite by Ryan Nelson. The boundaries were recently posted with wetlands signage. MOTION by Ms. Altman to accept the application from: Applicant: David Alfano Location: 87 Eagle Ridge (Assessor Map 244 Block 006 Lot 173) Activity: Restoration of unpermitted altered wetlands Motion seconded by Mr. Paganini, unanimously carried. Torrington Inland Wetlands Commission Meeting Minutes – September 26, 2023 Page 3 of 6  Mr. Nelson will get a revised plan to Mr. Nardi-Cyrus before the next meeting. b. Applicant: James Mazzarelli Location: 137 Babbling Brook Road (Assessor Map 221 Block 003 Lot 054) Activity: Piping of 130’ of watercourse, creation of armored ponds before and after piped stream, and backfilling of adjacent wetlands to extend lawn. Applicant James Mazzarelli was not present. Mr. Nardi-Cyrus gave a history and details of the violation from last year, and how the wetlands consultant was unavailable for an extended period of time. The applicant did not want to remediate any of the area. A large section of the stream had been piped. The applicant had requested this matter be tabled until the next meeting when he will bring his plan in. Mr. Nardi-Cyrus stated enforcement will occur if no plan is submitted by the next meeting. MOTION by Ms. Altman to table: Applicant: James Mazzarelli Location: 137 Babbling Brook Road (Assessor Map 221 Block 003 Lot 054) Activity: Piping of 130’ of watercourse, creation of armored ponds before and after piped stream, and backfilling of adjacent wetlands to extend lawn. Motion seconded by Ms. Barbe, unanimously carried. c. Applicant: Robert Carlson Location: 540 Westledge Drive (Assessor Map 229 Block 002 Lot 031) Activity: Removal of vegetation within basin and adjacent area within wetland and deposition of gravel in the URA. Mr. Nardi-Cyrus provided background information, this started as an enforcement action, and the applicant was responsive to correct the situation. Mr. Nardi-Cyrus located a map going back to the subdivision approval in the 1980’s which showed a stormwater detention basin within the wetlands area, which was requested by the Inland Wetlands Commission in the 1980’s. Applicant Robert Carlson had installed a curtain drain in the upland regulated area. Pointing to map, Mr. Nardi-Cyrus provided details. It is unclear how the basin was intended to operate. Photos and maps were reviewed. Mr. Carlson said he wanted to clean up the front yard area which had no landscaping. More maps were reviewed, details and catch basin overflow were explained by Mr. Nardi-Cyrus. Details of the basin and drain were discussed. The integrity of the basin should not be compromised. The drain was installed by Mr. Carlson three months ago. Torrington Inland Wetlands Commission Meeting Minutes – September 26, 2023 Page 4 of 6  MOTION by Ms. Altman to accept the application of: Applicant: Robert Carlson Location: 540 Westledge Drive (Assessor Map 229 Block 002 Lot 031) Activity: Removal of vegetation within basin and adjacent area within wetland and deposition of gravel in the URA. And that this is not a significant activity, motion seconded by Mr. Stelma, unanimously carried. 6. Show Cause Hearing: a. Property Owner: Korca Enterprises, LLC Location: 660 Torringford Street (Assessor Map 143 Block 003 Lot 007) Activity: Dredging of mapped watercourse without permits Mr. Ilir Qyteza, member of Korca Enterprises, LLC appeared before the Commission. Mr. Nardi-Cyrus provided history on this site, as he noticed tracking of sediment, and there is no erosion and sedimentation control. Mr. Nardi-Cyrus sent notice, and Mr. Qyteza came into the office and submitted a permit. There is an area of wetlands and dredging of the stream channel, and no permits had been sought for work within the stream, resulting in this Show Cause Hearing. Photos of current site conditions were reviewed. Mr. Qyteza explained what he did on site in preparation for building a house. There are 72 nearby neighborhood houses that are dumping water onto his property. Discussion of on site conditions followed, as well as the water entering Mr. Qyteza’s property from Dorothy Drive, Woodland, Torringford East streets. MOTION by Ms. Altman to uphold the Cease and Correct Order for: Property Owner: Korca Enterprises, LLC Location: 660 Torringford Street (Assessor Map 143 Block 003 Lot 007) Activity: Dredging of mapped watercourse without permits and keep the order in place until the proper permits for site work are received. Motion seconded by Ms. Barbe, unanimously carried. 7. Staff Report: a. Enforcement Report – update Mr. Nardi-Cyrus reviewed the violation at Jim Mazzarelli’s property on Mountain Road, and there is new evidence of dredging and no permits were obtained. There is much activity around the dam, and the Dam Safety Division of DEEP was notified. Anything to do with a dam goes directly to DEEP. Right away more work was being done on the other side; and a meeting was held on site with Mr. Mazzarelli, Jeremy Leifert, City Planner and Mr. Nardi-Cyrus. Torrington Inland Wetlands Commission Meeting Minutes – September 26, 2023 Page 5 of 6  Now Mr. Mazzarelli wants to claim agricultural exception which is not an unreasonable request, this is his home site as well. Mr. Mazzarelli needs to submit a Wetlands application with no fee for agricultural as of right use. He did have a prior agricultural exemption but did not follow his prior proposed plan.. b. Agent Determinations:  9 Arbor Ridge Road – Expansion of deck in the URA c. Final Citation Recommendation to City Council Mr. Nardi-Cyrus reviewed the current status of the proposed Citation process, and the wording for the $100 per day fine was clarified and rewritten at the suggestion of Mr. Paganini, for clarity. MOTION by Ms. Altman to approve the proposed Citation process, and to send it to Mayor Carbone and City Council to proceed. Motion seconded by Mr. Stelma, unanimously carried. Mr. Nardi-Cyrus also reviewed the procedure for changing the Inland Wetlands Commission to five full members, with two alternate members, with prior recommendation from this Commission to move forward. 8. Adjournment: MOTION by Ms. Altman to adjourn at 8:56 p.m., seconded by Mr. Paganini, unanimously carried. _______________________ Land Use Office Torrington Inland Wetlands Commission Meeting Minutes – September 26, 2023 Page 6 of 6