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IWWC Minutes 9-11-2000
TOWN OF WILLINGTON
INLAND WETLANDS AND WATERCOURSES COMMISSION
SEPTEMBER 11, 2000


K. METZLER CALLED A MEETING OF THE WILLINGTON INLAND WETLANDS AND WATERCOURSES COMMISSION TO ORDER AT 7:40 P.M. SEPTEMBER 11, 2000 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.

PRESENT:                                        ABSENT:

K. Metzler                                      D. Schreiber (exc.)
G. Blessing
F. Dirrigl
J. Csiki, alt.
T. Gutowski, alt.
S. Yorgensen, wetlands agent

L. Decker, recording clerk

The commission seated both alternates.


PUBLIC HEARING:

1.     File # W2000-32-Application for a wetlands permit to replace existing bridge with a new bridge on Village Hill Road approximately one-third of a mile east of the intersection with Route 32 where it crosses Roaring Brook. Town of Willington owners/applicants. (Received on 06/12/00, no decision before 06/26/00, public hearing on 09/11/00, decision by 09/25/00).

Consulting Engineer Don Worst and First Selectman John Patton spoke on behalf of the town.

J. Patton said Mr. Worst has been doing most of the work on this project, which has been in the plans for about five years. A similar plan was presented to the commission about 3-4 years ago, and one comment from the board was that they wanted the clear-cutting minimized.

K. Metzler asked if this was the exact same plan.

J. Patton said the new one being presented tonight goes with this application.

D. Worst reviewed the siteplan and proposed new alignment of the bridge, showing the wetlands flags and upland review area. He said this project is proposed because the existing bridge is in poor shape, and alternating traffic is now required to cross. The bridge became eligible for the Connecticut Local Bridge Program because of its condition, and federal, state and local matching funds are backing the project.

D. Worst said the bridge has been designed to meet geometric constraints for safety, and also to allow it to remain open during construction. This will also aid in cost since closing it and doing construction in phases would be more costly. The design has also been developed to minimize the footprint and the effect on the environment. It is about 110 feet from abutment to abutment and allows for access by both people and wildlife underneath. A one-span was looked at as well as a two-span. A lot of environmental work was considered "improvement beyond intent" by the state, and would not be funded. The state is paying for what is minimally necessary and the cost of a second span became unfeasible because it was more than what the town felt was worthwhile.

J. Patton explained the funding constraints.

G. Blessing asked what the additional length was that was considered "above and beyond."

D. Worst said it is about 35 feet. A passive recreation "parking area" has been added to the plans for daytime use to accommodate fishermen, etc. There are also stairs going down the 2-1 slope so the river can be accessed directly. There are provisions to keep people from the steep banks. Also, additional piping will be added to the culvert, and there is not any increase in drainage area. He reviewed the plans.

D. Worst said impacts to wetlands due to construction are about 1600 square feet, or 0.04 acres. Impacts within the upland review area are about 3700 square feet, or .85 acres. During construction, typical DOT sedimentation and erosion control measures will be taken, such as a silt fence and hay bales. The existing bridge will be removed. There is not a lot of paint on the existing bridge, but a lead paint test will be done. Its removal will be fully contained and done to DOT standards.

D. Worst said alternatives had been looked at. He read directly form the application regarding the alternatives studied.

The commission reviewed the file.

G. Blessing asked the applicants if they had received a copy of the letter from CEE.

J. Patton said they just now received it. Some of the general comments are regarding the loss of vegetation, but it will grow back. Regarding dividing the region, the current bridge does that, and these improvements should help.

D. Worst reviewed the measurements of the area.

K. Metzler asked about removal of the abutments.

D. Worst said they are planning to remove the existing abutment.

G. Blessing said regarding access for wildlife & pedestrians, it looks like they are grading down to the top of the channel. He asked if there was a plateau area under the existing bridge that will remain.

D. Worst said there is currently no room. Once removed it is the 2-1 slope.

G. Blessing said that means the pedestrian and wildlife traffic would have to go on the 2-1 slope. There is a potential problem with habitat access, but that is there now anyway.

T. Gutowski asked what would be different if this were a two-span.

D. Worst showed the differences on the map. There is a difference in how much is bridge and roadway.

T. Gutowski said she would like to see the guidelines for reimbursement and the state's criteria. Do they consider the environment at all, or just what is cheaper?

D. Worst said he could provide the information but did not have it right now.

J. Patton asked if the hearing would then be kept open.

S. Yorgensen said there is also a report not yet complete.

D. Worst said he would be submitting additional info.

T. Gutowski asked about the issue of no stockpile locators.

D. Worst said since the majority of this is a fill project, they will not really be cutting out unsuitable material, and no stockpile will be needed. This is essentially a one-shot deal.

S. Yorgensen asked if they anticipated fill being brought in and not piled.

D. Worst said it is not cost-effective to have to move it twice. It will be brought in and put in place.

T. Gutowski asked how long it should take for construction.

D. Worst said they expect about a year, beginning to end. He reviewed the phases of construction.

J. Csiki asked how many cubic yards of fill are anticipated.

D. Worst said he had no estimate at this time.

G. Blessing asked about the existing roadway.

D. Worst said it would remain asphalt.

T. Gutowski asked what the total disturbance was from west to east.

D. Worst said about 85-90 feet.

G. Blessing asked if the tree canopy would be replaced.

D. Worst said there was no proposed tree planting.

G. Blessing said wooden guardrails had been discussed before, and would look more natural.

D. Worst said this is a 4-rail system, crash test approved by the Federal Highway Administration. The administration only has two approved designs, and this is one of them.

G. Blessing asked how high the rails are off the deck.

D. Worst said they are 32-35 inches.

T. Gutowski asked if there was a rendering of what the bridge will look like.

D. Worst reviewed the plans.

The commission discussed the abutments and slope.

G. Blessing asked about maintenance of the area.

D. Worst said the grass will not grow much there, and a mower arm should be able to reach over the rails.

K. Metzler asked what material was being used for fill.

D. Worst said it is typical DOT gravel.

K. Metzler asked if it would be covered with topsoil and if hydro seeding would be used.

D. Worst said the seeding schedule is included in the additional information submitted.

G. Blessing said he was not sure that the seeding would stay in place without mesh.

S. Yorgensen said with a 2-1 slope it will not keep in place. She read from the plans regarding stabilizing of slope. On paper the plan looks good, but by experience, it does not usually work out.

J. Csiki said concrete blocks might help keep it in place.

The commission discussed the scouring holes and splash pads.

F. Dirrigl said he was concerned about the loss of vegetation and shading, and the fact there are no plans to replace the major shade trees. He asked if that was due to budget constraints, or if it was just not considered.

G. Blessing said the answer is probably yes to both.

F. Dirrigl asked what was being done to protect the existing fishing habitat.

D. Worst said that would be beyond the state's definition of "intent."

K. Metzler said he assumed no one had contacted DEP Fisheries about the project.

D. Worst said he believes that is correct.

G. Blessing asked if they would be blasting.

D. Worst said it is not anticipated.

G. Blessing said fishermen heavily use this area, and it would be nice if aesthetics were considered.

F. Dirrigl said the fishing area might be wiped out due to the loss of shade. They do not even need all the extras for fishermen put in without the shade, because the water temperature will be changed.

D. Worst said other than putting in tree wells; he does not see a way to prevent it.

J. Patton said this is one reason why it was earlier proposed farther downstream.

T. Gutowski asked about the catch basins.

J. Patton reviewed the schedule of catch basin work.

T. Gutowski said she wants to see it well maintained.

G. Blessing said there is nothing there now.

J. Patton said anything would be an improvement.

T. Gutowski asked if the road would be curbed.

D. Worst said Yes.

T. Gutowski asked who is doing the work.

J. Patton said it will go out to bid and will all be done by the contractor. They also tried to address the "glaciering" on the road, and pipes will be sized large enough to handle the flow. Karl did the calculations.

K. Metzler asked if there were any comments from the public.

There were none.


F. DIRRIGL MOVED TO CONTINUE UNTIL 10/23/00 THE PUBLIC HEARING FOR FILE #W2000-32-APPLICATION FOR A WETLANDS PERMIT TO REPLACE EXISTING BRIDGE WITH A NEW BRIDGE ON VILLAGE HILL ROAD APPROXIMATELY ONE-THIRD OF A MILE EAST OF THE INTERSECTION WITH ROUTE 32 WHERE IT CROSSES ROARING BROOK. TOWN OF WILLINGTON OWNERS/APPLICANTS. (RECEIVED ON 06/12/00, NO DECISION BEFORE 06/26/00, PUBLIC HEARING ON 09/11/00, DECISION BY 09/25/00), IN ORDER THAT ADDITIONAL OUTSTANDING REPORTS MAY BE RECEIVED, AND TO GIVE THE APPLICANT TIME TO RESPOND TO THE LETTER DATED 9/11/00 FROM CEE & ALSO ANSWER QUESTIONS WHICH CAME UP DURING THE COURSE OF THE HEARING.
SECONDED BY G. BLESSING.  UNANIMOUSLY APPROVED.


K. Metzler noted that they would put together a list of items that need to be addressed.

J. Patton said they are hoping got go to bid in the fall, but can do so in the winter if necessary. The longer this drags out, however, the more chance the federal money will go away to someone who has their plans completed.


K. METZLER CALLED THE REGULAR MEETING TO ORDER AT 8:46 P.M.

Same members seated as above.

The commission agreed to switch items 1 & 2 on the agenda.

1.     File #2000-34-Application for a wetlands permit for the construction of a single family home including driveway and septic off Spak Road (Map 51, Lot 1A, 20.57 acres). Michelle Wittenzellner owner/applicant. (Received on 07/24/00, no decision before 08/07/00, hearing or decision by 09/25/00).

No one was present to represent the application.

The commission reviewed the plans and a memo from Karl.

F. Dirrigl noted there were no contours on the plans.

S. Yorgensen said it couldn't really be reviewed without the contours.


2.     Approval of erosion control bond and modification of tank size for Roger Schofield, Route 32 Springs Project.


S. Yorgensen said one original condition of approval was the commission must approve the bond.

K. Metzler asked the status of the project.

R. Schofield said he wants to downsize the tank and go with one tank instead of two. It will be less intrusion into the slope. It will be easier, though not necessarily cost-effective, and if there are any problems, there will be only one area to look at. The plan now is for one 33,000-gallon tank.

S. Yorgensen said the initial plan called for two 20,000-gallon tanks.

R. Schofield said he wants to get the tanks established and then in the spring he can start with phase 2. Right now he is still going through the logistics.

T. Gutowski asked if the footprint is staying the same.

R. Schofield said all is the same, but he is decreasing the capacity. It is easier and less intrusive. This also appears safer.

S. Yorgensen said she did not think there would be any additional impact.

R. Schofield said it would probably be less.

K. Metzler said the bond amount is $1100 for S&E control, with the town holding the money for one year, and evaluation by Engineer Dave Smith. He asked if Dan Donahue had submitted any reports.

S. Yorgensen said not yet.

R. Schofield said he is not at that point yet.


J. CSIKI MOVED TO APPROVE THE EROSION CONTROL BOND IN THE AMOUNT OF $1100 AND MODIFICATION OF THE SEPTIC TANK SIZE FOR ROGER SCHOFIELD, ROUTE 32 SPRINGS PROJECT.
SECONDED BY F. DIRRIGL.  UNANIMOUSLY APPROVED.


3.     File # W2000-35-Application for a wetlands permit for the construction of a single family home including driveway and septic off Mirtl Road (Map 18, Lot 052-01, Colvin subdivision). Steven & Gwen Kohn owners/applicants. (Received on 07/24/00, no decision before 08/07/00, hearing or decision by 09/25/00).


S. Kohn said this property is across from the farmhouse, about 1/2 mile down the road.

K. Metzler asked if this was a proposed modification from the subdivision plan.

S. Yorgensen said a couple months ago they had requested an extension but the commission could not extend it because it had expired and therefore no longer existed, so they have applied for this permit because they do not have one.

S. Kohn reviewed the map with the commission. He said lots 2 & 3 are open space and they want to build a home on Lot 1 where it is sited. They got this property in 1994 and are now finally ready to build.

T. Gutowski asked if these were still the plans from 1991.

S. Kohm said this is the plan approved by the town.

T. Gutowski said the regulations have changed since then, and some lines may not be right.

The commission reviewed the map.

S. Yorgensen said they went through the checklist of items and everything appears to be in place.

G. Blessing said there is a proposed walkout basement, and not much grading on the plan.

S. Kohn said they will build a ranch, and he is not concerned whether the basement is walkout or not. It is a rather level area.

S. Yorgensen said it is an engineered system. She does not anticipate any more impact other than what is on the plan.

J. Csiki asked if there was activity in the wetlands.

S. Yorgensen said there is activity in the regulated area, but not the wetlands.

J. Csiki asked if the conservation easement was going in.

S. Kohn said it is already there.


G. BLESSING MOVED TO APPROVE FILE #W2000-35-APPLICATION FOR A WETLANDS PERMIT FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME INCLUDING DRIVEWAY AND SEPTIC OFF MIRTL ROAD (MAP 18, LOT 052-01, COLVIN SUBDIVISION). STEVEN & GWEN KOHN OWNERS/APPLICANTS. (RECEIVED ON 07/24/00, NO DECISION BEFORE 08/07/00, HEARING OR DECISION BY 09/25/00).
SECONDED BY J. CSIKI.  UNANIMOUSLY APPROVED.


S. Kohn asked about waiver of the fee since this had already been approved once before.

K. Metzler said that fee is rarely waived.

S. Yorgensen said if they come back and make changes now, that is a different story, and only the $10 for the state will be needed.


OLD BUSINESS:

1.     # W2000-32-Application for a wetlands permit to replace existing bridge with a new bridge on Village Hill Road approximately one-third of a mile east of the intersection with Route 32 where it crosses Roaring Brook. Town of Willington owners/applicants. (Received on 06/12/00, no decision before 06/26/00, public hearing on 09/11/00, decision by 09/25/00).


Public hearing continued.


CORRESPONDENCE:

1. CC June 1 letter to J. Patton from state DEP, re: inventory of land uses in proposed aquifer protection areas
2. Aug. 4 memo from Office of Long Island Sound Programs, re: Water Chestnut Alert
3. Spring 2000 Land Trust Service Bureau News
4. May 2000 Endangered Species & Wetlands Report
5. June 2000 Endangered Species & Wetlands Report
6. 1999 Annual Report of the Council on Environmental Quality
7. April/May 2000 Conservation Voices
8. March 2000 "The 1996-97 Municipal Inland Wetland Commissioners Training Program"
9. State DEP statewide inland wetlands and watercourses activity reporting program, status and trends report for the years 1997 and 1998, and intro letter
10. Summer 2000 River Rundown
11. June/July Conservation Voices
12. CC Superior Court Summons, re: Willington IWWC v. Thomas & Irma Buccino & Robert Hisey
13. Aug. 21 letter from R. Hisey, re: request for documents
14. DEP flier, re: Natural Disaster Damage Reduction Workshops
15. June 26 letter from Windham Water Works, re: Wittenzellner application
16. Annual Recognition Awards 2000 entry form from CACIWC


APPROVAL OF MINUTES:


K. METZLER MOVED TO APPROVE THE MINUTES OF 06/12/00 AS WRITTEN.
SECONDED BY F. DIRRIGL.  UNANIMOUSLY APPROVED.



STAFF REPORT AND DISCUSSION:

S. Yorgensen said regulation over the aquifer areas will be turned over to the town at some point, and it appears it may likely fall under the jurisdiction of the IWWC.

J. Csiki asked about the status of the lawsuit against Buccinos.

S. Yorgensen said they are due in court for registration tomorrow.


T. Gutowski moved to adjourn the meeting at 9:55 p.m.
Seconded by K. Metzler.  Unanimously approved.