Inland Wetlands Commission

City of Torrington Inland Wetlands Commission Regular Meeting Minutes September 10, 2024 Present: Jay Bate, Chair Christine Altman, Vice-Chair Joe Paganini, Member Adrienne Barbe, Member Steven Thompson, Alternate Staff: Nate Nardi-Cyrus, Inland Wetlands Enforcement Officer Not Present: Randall Stelma, Member 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, Adrienne Barbe, Christine Altman, and Stephen Thompson 3. Minutes for Approval a. 8/20/2024 MOTION by Mr. Paganini to approve the 8/20/2024 minutes, seconded by Ms. Barbe, unanimously carried. 4. Show Cause Hearing a. Applicant: AJK, LLC Location: 3350 Winsted Road (Assessor Map 242 Block 003 Lot 001) Violation: Operation of an industrial site without permits Mr. Nardi-Cyrus updated the Commission on the most recent enforcement history for this property, starting in Summer of 2023. Per an agreement to be signed by the Inland Wetlands Commission and the Planning & Zoning Commission, AJK, LLC was given until September 1st to provide a restoration plan for filled wetlands on the property. After the deadline passed, Mr. Nardi-Cyrus issued a Cease and Correct Order and request for AJK, LLC representatives to attend a Show Cause Hearing to discuss the status of the violation. Wes Clow identified himself as the representative for AJK, LLC at this meeting. He explained there was miscommunication between partners on the project but committed to getting the restoration plan completed by a certified soil scientist (present  at the meeting). A discussion regarding the abandoned agreement ensued. Mr. Bate asked if the property was still in use as an industrial site and Mr. Clow confirmed. Mr. Bate asked if they could continue to effectively operate outside of the wetlands and regulated area and Mr. Clow indicated they could but would have to pass through mapped wetlands/regulated area to access other non- regulated portions of the property. AJK, LLC’s certified soil scientist, Clint Webb, introduced himself for the record. He stated the property is complex and has a long history but he will assess the site, do a forensic analysis of aerial photos, and identify areas that may have been encroached on. He wants to make sure any site development plans consider the wetlands and help facilitate the transition of the property from material recycling to a more passive use. Field work is expected to be complete before the snow with a presentation made to the Commission in January to discuss possible restoration options. After a plan is decided on, permitting will be completed and work will start by spring of 2025. The Commission continued to discuss what they would permit on the site while the cease and correct order is in place. Mr. Nardi-Cyrus will be available for regular site visits to monitor progress on the site and compliance with the Cease and Correct order. MOTION by Ms. Altman to uphold the Cease and Correct Order, with a condition to allow monitoring of the site with 24 hours prior notice from the Zoning Enforcement Officer, seconded by Mr. Paganini, unanimously carried. 5. Old Business: a. Applicant: Stephen Mazzarelli Location: Mountain Road (Assessor Map 231 Block 001 Lot 019) Activity: Jurisdictional Determination – Constructed pond improvements James Doyle (Innovative Lawn and Landscape) was here to represent Mr. Mazzarelli. He provided materials requested by the Commission at the last meeting for review. Mr. Doyle showed the area of 4 phases of Christmas tree planting and explained the planned dates for each phase. No quantity of trees was shown on the plan but Mr. Doyle believes it is 50-100 trees per phase. Mr. Thompson asked if the property was a farm and Mr. Doyle stated Mr. Mazzarelli has 40 fruit trees, but it has not been registered as a farm. Mr. Nardi-Cyrus reminded the Commission that Mr. Mazzarelli stated at the prior meeting that it is not a farm, but the intention is to complete improvements prior to operation. Mr. Nardi-Cyrus again explained the history of prior agricultural wetlands exemptions on the site, dating back to almost 20 years. A discussion of agricultural as-of-right use, timelines for planned agricultural activity, and how to determine what constitutes agricultural activity ensued. Commissioners Thompson and Altman are concerned that, based on lack of agricultural practices during the intervening 20 years since the last approval, this might be an abuse of the agricultural wetlands exemption process. Mr. Nardi-Cyrus suggested a review of case law on this issue prior to making a final determination and the Commission agreed. MOTION by Ms. Altman to table the jurisdictional determination application, seconded by Mr. Thompson, unanimously carried. b. Applicant: Paul Torres Location: 438 Notting Hill Gate (Assessor Map 220 Block 001 Lot 003) Activity: Patio installation and restoration of formally filled wetlands Mr. Torres and Mr. Nardi-Cyrus summarized the history of the site and what transpired at the prior meeting. Mr. Nardi-Cyrus discussed recommended conditions from his 9/10/24 memo. Mr. Nardi- Cyrus will work with Mr. Torres to make sure whatever conditions approved are communicated.  MOTION by Ms. Altman to grant a 2-year permit conditioned on seed mix and wetland marker installation at the existing tree line to be approved by the IWEO, seconded by Mr. Paganini, unanimously carried c. Applicant: Lori Dziedzic Location: 1163 Pothier Road (Assessor Map 213 Block 001 Lot 005) Activity: Pond Maintenance and restoration of cleared wetlands Ms. Dziedzic was not present but Mr. Nardi-Cyrus gave a brief overview of the last meeting and the conditions on site. The Commission then discussed Mr. Nardi-Cyrus’ proposed conditions, per his 9/10/24 memo. MOTION by Ms. Altman to grant a 2-year permit with conditions outlined in Mr. Nardi-Cyrus’ 9/10/24 memo, seconded by Mr. Paganini, unanimously carried d. Applicant: Lucianne Lavin Location: 755 Riverside Ave (Assessor Map 222 Block 004 Lot 004) Activity: Enhancement of existing perennial watercourse driveway crossing and associated drainage swale Jeremiah Damota (Northwest Excavating, LLC) was present to represent Ms. Lavin on her application. Mr. Damata is proposing the replacement of 2, 26’ pipes with 2, 30’ pipes to repair a failing driveway crossing over a perennial stream. He is also modifying an adjacent drainage swale to convey sediment free water more efficiently to the culverts. Mr. Nardi-Cyrus gave context for the site. The Commission went back and forth with Mr. Damata on the use of additional erosion and sediment control measures. Ultimately, the Commission agreed the proposed measures were sufficient to grant the permit. They also agreed that the project was sufficiently time sensitive as to permit construction in advance of permit issuance, contingent on completing the project with whatever final conditions might be imposed during the next meeting. MOTION by Ms. Altman to accept the application with a finding of no significance, seconded by Mr. Paganini, unanimously carried. 6. Enforcement Report: Mr. Nardi-Cyrus reported on enforcement actions and agent determinations to the Commission. 7. Adjournment: MOTION by Ms. Altman to adjourn at 8:18 p.m., seconded by Mr. Paganini, unanimously carried. Nate Nardi-Cyrus _________________________ Inland Wetlands Enforcement Officer City of Torrington, Land Use Office