Inland Wetlands Commission

CITY OF TORRINGTON INLAND WETLANDS COMMISSION MEETING MINUTES March 12, 2024 Present: Jay Bate, Jr., Chair Christine Altman, Vice Chair Joe Paganini, Member Adrienne Barbe, Member Randall Stelma, Member Steve Thompson, Member Also Present: Nate Nardi-Cyrus, Assistant City Planner and Inland Wetlands Enforcement Agent 1. Call To Order: Jay Bate, Jr., Chair, called the meeting to order at 7:00 p.m.; City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT, and by remote Microsoft teams meeting. 2. Roll Call and Announcement: Chair Bate announced present and serving in person are Commissioners Christine Altman, Randall Stelma, Adrienne Barbe, and Jay Bate, Jr. Present and serving remotely are Commissioners Joe Paganini and Steve Thompson. Also Present is Assistant City Planner Nate Nardi-Cyrus. 3. Minutes for Approval: a. January 22, 2024 Special Meeting MOTION by Ms. Barbe to approve the January 22, 2024 meeting minutes, seconded by Mr. Stelma, motion carried with Ms. Barbe, Mr. Stelma, Mr. Paganini, Ms. Altman, and Mr. Thompson voting in favor of the motion. . 4. Public Hearing scheduled for 7:00 p.m., March 12, 2024, City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT: a. Adoption of City of Torrington Wetlands Map, revised January 2, 2024 Chair Bate opened the public hearing at 7:03 p.m. Mr. Nardi-Cyrus screen shared the proposed map for review and explained the new digitized copy. Larger mapping was done for the Klug Hill Road campground, and updated mapping was done for smaller parcels with assistance from the City’s GIS Manager David Scherf.  MOTION by Ms. Altman to close the public hearing at 7:05 p.m, seconded by Mr. Stelma, unanimously carried. MOTION by Ms. Altman to adopt the City of Torrington Wetlands Map, revised January 2, 2024, seconded by Ms. Barbe. Motion carried with Ms. Altman, Ms. Barbe, Mr. Paganini, Mr. Thompson and Mr. Stelma voting in favor of the motion. 5. Old Business: a. Applicant: Alfano Group LLC Location: 87 Eagle Ridge Activity: Modification to redesign approved restoration plan Mr. Nardi-Cyrus explained a modification was presented with boulders being replaced with plantings. Mr. Alfano clarified boulders will be removed from the site. MOTION by Ms. Altman to APPROVE Applicant: Alfano Group LLC Location: 87 Eagle Ridge Activity: Modification to redesign approved restoration plan Motion seconded by Mr. Paganini. Motion carried with Ms. Altman, Ms. Barbe, Mr. Paganini, Mr. Thompson and Mr. Stelma voting in favor of the motion. 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 (clarification of motion conditions). Mr. Nardi-Cyrus explained the conditions attached to the previous Motion to Approve should be read into the record and noted in the minutes. The conditions were that the work should be completed within a time frame of two years, and wetlands signage markers are to be used on site. These are the conditions noted in Mr. Nardi-Cyrus’ memo dated January 9, 2024. Normally, the time frame would be five years, but two years is suggested. A fence or boulders will be used. MOTION by Ms. Altman to grant a permit: 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 and to adopt the conditions noted in Mr. Nardi-Cyrus’ memo dated January 9, 2024. Motion seconded by Mr. Stelma, motion carried with Ms. Altman, Ms. Barbe, Mr. Paganini, Mr. Thompson and Mr. Stelma voting in favor of the motion. Torrington Inland Wetlands Commission Meeting Minutes – March 12, 2024 Page 2 of 5 6. New Business: a. Applicant: The Torrington Water Company Location: 95 University Drive Activity: Jurisdictional Determination, restoration of banks at dike at Allen Dam Reservoir due to 2023 flooding Mr. Nardi-Cyrus briefly explained his recommendation to issue a jurisdictional determination for an as-of-right utility use exempt from wetland permitting regulations. MOTION by Ms. Altman to issue a jurisdictional determination for: Applicant: The Torrington Water Company Location: 95 University Drive Activity: Jurisdictional Determination, restoration of banks at dike at Allen Dam Reservoir due to 2023 flooding Motion seconded by Mr. Paganini, motion carried with with Ms. Altman, Ms. Barbe, Mr. Paganini, Mr. Thompson and Mr. Stelma voting in favor of the motion. b. Applicant: Lelah Campo Location: 232 Klug Hill Road Activity: Restoration of wetland areas along entrance driveway, relocation of silt fence where installed in wetland areas, and removal of areas of sediment deposit beyond constructed silt fence Ryan McEvoy PE and Matthew Sanford, Soil Scientist of SLR Consulting appeared remotely representing the applicant Lelah Campo. Mr. Nardi-Cyrus explained the timing process of this application which was received for the February Inland Wetlands Commission Meeting which was canceled due to weather. The application could either be acted on at the next Wetlands meeting, or it could be acted upon tonight. Mr. Nardi-Cyrus reviewed that on regular inspections of this site, it was noted the watercourse was rerouted and this was done without permits. Some silt fencing was incorrectly installed and there is one area where the silt fencing failed and sediment went into the mapped wetlands areas. The most complicated is the rerouting of the stream and the restoration of that area. Ryan McEvoy of SLR screen shared maps and provided site details, noting a safety concern which prompted these disturbances. Areas of the map were pointed to and discussed (7:17 p.m.). The location of the silt fence was reviewed, referring to maps, there was no soil disturbance, and the basically the vegetation will be left to grow. Site photos were also reviewed and a technical memo from SLR. Mr. McEvoy provided more details and explanations in response to questions from Commission members, referring to displayed maps. The Torrington Street Department was in touch with the site contractor, and changes were made. A neighbor, Mr. Arigoni, had also expressed concerns about run off onto the street. Torrington Inland Wetlands Commission Meeting Minutes – March 12, 2024 Page 3 of 5 Matt Sanford from SLR stated water would be in this site (referring to an area on the map) from lot October through May. He reviewed the wetlands mix to be used near the electrical box. The intent for the restoration is to restore this area as a wet meadow as it was before in the wetlands area, approximately 15 feet by 4 feet wide and trench shaped. The area near the electrical box is about 5 feet by 20 feet of disturbance. The object here is to restore it to a vegetative state. The relocated stream was reviewed, and it will be filled in. This is in the upland area. The new watercourse and drainage swale will be moved slightly north of the dotted dark line (pointing to area on the map) and it will have a rip rap bottom for stabilization. This area is approximately thirty feet. This is minor in nature, but is obviously a violation that needs to be corrected. The area will be seeded for stabilization. MOTION by Ms. Altman to grant a permit to: Applicant: Lelah Campo Location: 232 Klug Hill Road Activity: Restoration of wetland areas along entrance driveway, relocation of silt fence where installed in wetland areas, and removal of areas of sediment deposit beyond constructed silt fence and is conditional upon monitoring by a wetlands soils consultant. Motion seconded by Mr. Stelma, motion carried with Ms. Altman, Ms. Barbe, Mr. Paganini, Mr. Thompson and Mr. Stelma voting in favor of the motion. c. Cease and Correct Order – Order to Show Cause Inland Wetlands Permit Violations Location: 2904 Winsted Road, Assessor Map 243 Block 002 Lot 010 Owner: DJF Investments, LLC; Daniel Fragale, Principal Mr. Nardi-Cyrus reviewed this permit which was issued prior to him coming on board with Torrington, and violations were discovered during regular permit inspections. Mr. Nardi-Cyrus screen shared the permitted plan, and the pipe that was installed is closer to 125 feet and not the 90 feet shown on the plan. The required wetlands restoration that was a condition of permit was not installed. The Cease and Correct Order was issued to bring Mr. Fragale back before this Commission. Mr. Nardi-Cyrus screen shared several photos and maps to orientate the Commission to the site. The long history of violations in the flood plain and floodway was reviewed by Mr. Nardi-Cyrus. This is a violation of the Inland Wetlands Regulations. After years, some of the area was restored, some was not and never completely restored. Bridges were put in the floodway without permits, this is the Still River. In 2020, Jeremy Leifert, former Inland Wetlands Enforcement Officer and current City Planner noted wetlands issues. He required the owner to come in, and that’s how this plan came about. Mr. Nardi-Cyrus screen shared the layered mapping, point out the piping, the bridge, and the unpermitted stockpiles of materials. Mr. Leifert recommended Mr. Fragale come in, map all the wetlands on the property and get a permit to show how this will be corrected. Torrington Inland Wetlands Commission Meeting Minutes – March 12, 2024 Page 4 of 5  Site features were reviewed and discussed by Mr. Nardi-Cyrus and Commission members. MOTION by Ms. Altman to revoke the permit for: Cease and Correct Order – Order to Show Cause Inland Wetlands Permit Violations Location: 2904 Winsted Road, Assessor Map 243 Block 002 Lot 010 Owner: DJF Investments, LLC; Daniel Fragale, Principal and uphold the Cease and Correct Order. Motion seconded by Mr. Paganini, motion carried with Ms. Altman, Ms. Barbe, Mr. Paganini, Mr. Thompson and Mr. Stelma voting in favor of the motion. 7. Staff Report: Mr. Nardi-Cyrus reported the Citation Ordinance language was referred to City Council and also referred to the Ordinance Subcommittee who approved it. A public hearing will be scheduled at City Council. There will also be a public hearing to change the Commission make up from seven regular members to five regulation members and three alternates which will alleviate some of the quorum issues as only three members are needed for quorum. The subcommittee recommended the ordinance be interim for this year, as one individual did not like the idea of stifling participation. Reappointments and terms will need to be done again, if that is the case. a. Enforcement Report – update No update per Mr. Nardi-Cyrus. b. Agent Determinations: No agent determinations were issued. 8. Adjournment: MOTION by Ms. Altman to adjourn at 7:49 p.m., seconded by Ms. Barbe, motion carried with Ms. Altman, Ms. Barbe, Mr. Paganini, Mr. Thompson and Mr. Stelma voting in favor of the motion. _______________________ Land Use Office Torrington Inland Wetlands Commission Meeting Minutes – March 12, 2024 Page 5 of 5