Inland Wetlands Commission

City of Torrington Inland Wetlands Commission Regular Meeting Minutes June 11, 2024 Present: Jay Bate, Chair Joe Paganini, Member Adrienne Barbe, Member Staff/Presenters: Nate Nardi-Cyrus – Inland Wetlands Enforcement Officer Not Present: Christine Altman, Vice-Chair Randall Stelma, Member Steven Thompson, Alternate 1. Call to Order: Mr. Bate called the meeting to order at 7:00 p.m. in-person at City Hall Auditorium Room 218, 140 Main Street, Torrington, CT. The meeting was also conducted via Teams online. 2. Roll Call and Announcements: Mr. Bate stated present and serving in person this evening are Commission members Joe Paganini and Adrienne Barbe. 3. Minutes for Approval a. 5/21/2024 MOTION by Mr. Paganini to approve the 5/21/2024 minutes, seconded by Ms. Barbe, unanimously carried. 4. Public Hearing scheduled for 7:00 p.m., June 11, 2024, City Hall Auditorium Room 218, 140 Main Street, Torrington, CT: Adoption of revisions to inland wetlands regulations, Section 14 “Enforcement.” Mr. Nardi-Cyrus gave an overview of the proposed changes to Section 14.4 of the Inland Wetlands Regulations, which includes adding citations to the list of available enforcement actions the Commission can take. MOTION by Mr. Paganini to open the public hearing, seconded by Ms. Barbe, unanimously carried. Mr. Bate invited members of the audience to speak in opposition or support of the regulation amendment. Martin Connor, AICP, Certified Inland Wetlands Enforcement Officer, and former City Planner for the City of Torrington, spoke in favor of the amendment. MOTION by Ms. Barbe to close the public hearing, seconded by Mr. Paganini, unanimously carried.  No discussion. MOTION by Mr. Paganini to amend Section 14.4 of the regulations, seconded by Ms. Barbe, unanimously carried. 5. Old Business: a. Applicant: City of Torrington Location: 277 Winthrop Street (Assessor Map 124 Block 005 Lot 001) Activity: New skate park at Elise Besse Park within URA Mr. Nardi-Cyrus showed the proposed plans on the screen while Torrington Public Works Director, Ray Drew, gave a second overview of the skate park construction. MOTION by Ms. Barbe to approve the permit, seconded by Mr. Paganini, unanimously carried. b. Applicant: Elinor Raymond Location: 242 Clearview Ave (Assessor Map 126 Block 022 Lot 001) Activity: Redirection and armoring of intermittent watercourse Ms. Raymond presented her application materials and took questions from the Commissioners. Mr. Nardi-Cyrus also gave some background history and explained that City Engineer, Paul Kundzins, was supportive of the project, despite the lack of an engineered plan. Mr. Bate expressed concern about not having enough control over this project, given the vagueness of the plan. He wants to make sure both Mr. Nardi-Cyrus and the Engineering Dept. conducts regular inspections to keep the project on track and within the bounds of the approval. Mr. Paganini asked about the drainage issues with Clearview Avenue that contribute to the problem and Mr. Nardi-Cyrus explained the dynamics of the watercourse and stormwater system and Public Works’ intention to resolve the issues within the ROW. Mr. Bate asked if the channel would have to be modified. Ms. Raymond indicated the inlet and outlet on the property would be maintained and that the channel will be rock lined and constricted to its historic dimensions and location. MOTION by Ms. Barbe to approve the permit with an additional condition that the project be overseen by the City Engineer and Inland Wetlands Enforcement Officer, seconded by Mr. Paganini, unanimously carried. MOTION by Mr. Paganini to recommend the Torrington Public Works Department address stormwater infrastructure problems associated with the flooding of 242 Clearview Ave, seconded by Ms. Barbe, unanimously carried. c. Applicant: Elinor Raymond Location: 1884 Torringford West Street (Assessor Map 245 Block 002 Lot 016) Activity: Dredging of existing pond/watercourse and maintenance of culverts under driveway Ms. Raymond presented her application materials and took questions from the Commissioners. Mr. Nardi-Cyrus made some clarifications including that this project is not regulated by the Army Corps of Engineers. He explained their proposed plan to dewater the sediment in the pond prior to removal, which might not be necessary if the pond reaches low water levels typically achieved by late August.  MOTION by Mr. Paganini to determine this activity is not a significant activity and approve the permit, seconded by Ms. Barbe, unanimously carried. 6. New Business: a. Applicant: Martin Connor Locations: 232 Klug Hill Road and Whiting Road (Assessor Map 215 Block 003 Lot 016; and Assessor Map 216 Block 001 Lot 001) Activity: Jurisdictional Determination – Improvement of watercourse crossing for farm access. Mr. Conner explained his credentials as a representative of Greenstone Investments, Inc (see Public Hearing earlier in the agenda). He presented photos and maps of an old farm road, where a stream crosses, that needs more stone to build it back up enough to be useable for the farmer’s equiptment. Mr. Connor answered the Commissioner’s questions with some clarification from Mr. Nardi-Cyrus. MOTION by Ms. Barbe to determine the activity is an agricultural as-of-right use, not requiring a permit, seconded by Mr. Paganini, unanimously carried. b. Applicant: Butch Klug Locations: 710 Klug Hill Road; Goshen Road; and 232 Klug Hill Road (Assessor Map 216 Block 001 Lot 070; Assessor Map 215 Block 004 Lot 006; and Assessor Map 215 Block 003 Lot 016) Activity: Jurisdictional Determination – Expansion of cropland, watercourse crossing for farm use, and stone processing for farm use. Mr. Klug was not present at this meeting, but Mr. Nardi-Cyrus met with him in advance and felt comfortable representing his application. Mr. Nardi-Cyrus explained this request stemmed from an enforcement action related to the taking of fill from the solar development project on Rossi Road. This material is going to be used to fill wetlands to expand cropland, which Mr. Nardi-Cyrus considers an exempt as-of-right agricultural use. He also considers the proposed gravel processing for on-farm use, ditch crossing for field access, and other areas of filling to expand cropland to be as-of-right activities. Mr. Paganini asked how gravel can be agricultural. Mr. Nardi-Cyrus explained it was for farm use and therefore has an agricultural purpose. MOTION by Mr. Paganini to determine the activity is an agricultural as-of-right use, not requiring a permit, seconded by Ms. Barbe, unanimously carried c. Applicant: Dean Benton Location: 919 Guerdat Road (Assessor Map 232 Block 005 Lot 019) Activity: Restoration of wetlands and adjacent upland buffer Mr. Benton was not present at this meeting. Mr. Nardi-Cyrus explained that at the May meeting, Ian Cole – Professional Registered Soil Scientist, engaged in a pre-application conversation with the Commission regarding a draft plan he created for applicant Mr. Benton. Mr. Nardi-Cyrus explained the plan, as revised by Mr. Cole after the pre-application meeting. MOTION by Mr. Paganini to accept the application and determine that the proposed activity is not significant, seconded by Ms. Barbe, unanimously carried d. Applicant: Daniel Lawrence Location: Jake Road (Assessor Map 211 Block 001 Lot 015)  Activity: Jurisdictional Determination – Timber harvest overseen by qualified forester Mr. Lawrence was not present at this meeting. Mr. Nardi-Cyrus explained the application, which is for a commercial thinning with only one intermittent watercourse crossing, to be done with bridge panels. Mr. Nardi-Cyrus walked the site with the forester and recommends a determination that this is an as-of-right forestry activity, that does not require a permit. MOTION by Ms. Barbe to determine the activity is an as-of-right forestry use, not requiring a permit, seconded by Mr. Paganini, unanimously carried. e. Applicant: Audrey Curtis Location: 494 Newfield Road and 446 Newfield Road (Assessor Maps 233/003/004 and 233/003/005) Activity: Restoration of animal bedding dump within and adjacent to wetlands Mr. Bate clarified that the applicant is asking to remove material until they hit the bottom of the pile and Ms. Curtis agreed. The Commission had agreed during the prior Show Cause hearing that they would not require the applicant to seed or plant the site, only remove material. Mr. Nardi-Cyrus explained the history of meeting thus far and the decision before the Commission tonight. MOTION by Mr. Paganini to accept the application and determine that the proposed activity is not significant, seconded by Ms. Barbe, unanimously carried 7. Enforcement Report: Mr. Nardi-Cyrus explained the status of enforcement actions at 2904 Winsted Road, 3350 Winsted Road, and 87 Eagle Ridge. Mr. Nardi-Cyrus asked for authorization to issue citations to 399 Notting Hill Gate for not complying with their approved permit. The Commission agreed with this course of action. Mr. Nardi-Cyrus reported on agent determinations to the Commission. 8. Adjournment: MOTION by Mr. Paganini to adjourn at 8:16 p.m., seconded by Ms. Barbe, unanimously carried. Nate Nardi-Cyrus ___________________________ Zoning Enforcement Officer City of Torrington, Land Use Office