TOWN OF WILLINGTON
INLAND WETLANDS AND WATERCOURSES COMMISSION
NOVEMBER 13, 2000
K. METZLER CALLED A REGULARLY SCHEDULED MEETING OF THE WILLINGTON INLAND WETLANDS AND WATERCOURSES COMMISSION TO ORDER AT 7:36 P.M. NOVEMBER 13, 2000 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
K. Metzler G. Blessing (exc.)
D. Schreiber
T. Gutowski, alt.
J. Csiki, alt.
F. Dirrigl (arr. 8:37 p.m.)
D. SCHREIBER MOVED TO SEAT BOTH ALTERNATES FOR THE MEETING.
SECONDED BY K. METZLER. UNANIMOUSLY APPROVED.
D. SCHREIBER MOVED TO ADD TO THE AGENDA UNDER NEW BUSINESS THE DISCUSSION OF A SEPTIC REPAIR FOR THE PARIZEK PROPERTY ON LUCHON ROAD.
SECONDED BY J. CSIKI. UNANIMOUSLY APPROVED.
NEW BUSINESS:
1. File #W2000-53-Application for a wetlands permit for a logging operation including wetlands crossings. Dan Donahue, applicant/Arthur Godbout, owner. (Received on 11/13/00, no decision before 11/27/00, hearing or decision by 01/08/01).
The commission noted that Mr. Donahue would be at the next meeting to discuss this file.
2. File #W2000-55-Application for the construction of a single-family home with a portion of the driveway and septic system in a regulated area located off Willington Hill Road (Route 320) (Map 8, Lot 23, 2.03 acres). Stephan M. Amedy & Keith & Andrea Schmeiske owners/Stephan M. Amedy, applicant. (Received on 11/13/00, no decision before 11/27/00, hearing or decision by 01/08/01).
K. Metzler said this file was before the commission recently under a request for extension of the previous permit, which had expired. A sitewalk should be planned since there have been changes to the original plans.
3. Discussion of a septic repair on Luchon Road.
David Smith, PE and Land Surveyor said this property is located at 183 Luchon Road and is about 7-8 acres. It is a rear lot. The family was here previously with another project, which did not get off the ground. The current proposal is to take the existing house and provide an in-law apartment. Given the change in the size of the house, the health code requires a backup septic plan.
D. Smith said the proposed system would be extensive and able to support a 6-bedroom house with a pump. He reviewed the map. The septic is completely outside the 100-foot setback, but the necessary grading would extend into that area. He described the plan.
K. Metzler asked if the plan was to use the existing system until it fails.
D. Smith said the health code allows them to do this addition as long as there is a replacement area allocated, in case the existing system fails. The design must be approved, but can then be put on the shelf. It is not part of the plan to install this proposed system now, but it must be available. He reviewed other options and noted there was no tradeoff as far as impacts on wetlands. This plan is done within the health code regulations and it is the most prudent plan.
K. Metzler asked about the gaskets.
D. Smith said they are rubber gaskets with a life span of 35-50 years.
D. Schreiber asked if this system were built today, would it serve as the secondary?
D. Smith said that is correct. This is the reserve. He reviewed the plan, noting that the pond is man-made and excavated down to the water table.
J. Csiki asked if the agent and sanitarian could handle this.
K. Metzler said it seems agent approval would be OK.
D. Smith said Dave Potts was out there on the property before.
K. Metzler said for now, it will be left for review by the agent.
OLD BUSINESS:
1. File #W2000-50-Application for a wetlands permit to construct a driveway including underground utilities for a single-family home located off Fisher Hill Road (Map 19, Lot 21-1, 33.704 acres). Steve Arnold owner/applicant. (Received on 10/23/00, no decision before 11/06/00, hearing or decision by 12/11/00).
S. Yorgensen said she had taken pictures of the area for review.
Michael Healy spoke on behalf of the applicant.
M. Healy said this is an existing lot of record and is Lot 1 on a subdivision plan, which was done in 1985. It is a rear lot, 33.7 acres on the westerly side of Fisher Hill Road. The intent is to sell the existing lot they are on and build in the back of the property where it is more private. To get in back, there is a small area of wetlands to be crossed. It has been flagged by a certified soil scientist, as have the regulated areas. He reviewed the proposal on the maps and discussed the driveway and sloping plan, flow patterns and stockpile areas. In a 25-year storm event they are looking at about 14 CFS. The pipes chosen are to maintain a lower profile. The design will probably handle up to a 100-year storm. Modified riprap will be provided for protection.
K. Metzler asked if the riprap would be excavated.
M. Healy said that would be recommended and he described the process.
K. Metzler asked about the slope to the north.
M. Healy said the proposal is for about 1.25%
The commission reviewed the photos and layout of the property.
S. Yorgensen said the barn on the property is outside of the area of activity. There appears to be a spot where water might go through the stonewall.
M. Healy said essentially the stonewall serves as a dam.
S. Yorgensen said the pond is far away from the activity.
K. Healy said he believes the culvert sizing is more than substantial.
T. Gutowski suggested that either Sue or Gary review the plans.
K. Metzler said the file would be given to staff to look at and a decision may be made at the next meeting.
The commission agreed to return to item #2 under New Business since the applicant had arrived.
File #W W2000-55-Application for the construction of a single-family home with a portion of the driveway and septic system in a regulated area located off Willington Hill Road (Route 320) (Map 8, Lot 23, 2.03 acres). Stephan M. Amedy & Keith & Andrea Schmeiske owner/Stephan M. Amedy, applicant. (Received on 11/13/00, no decision before 11/27/00, hearing or decision by 01/08/01).
S. Amedy said he is seeking to reapply for a wetlands permit. He is not within the wetlands but is within the buffer with the driveway and septic system. He asked for agent approval to speed up the process.
K. Metzler asked Sue if she had been on the site.
S. Yorgensen said she had not been there in a long time.
S. Amedy reviewed the new plan. Property has been added to meet the buildable criteria, which was the reason it was denied before by zoning.
T. Gutowski asked if this particular plan was constricted by the location of the wells.
S. Amedy said that is correct.
T. Gutowski asked if this had received PZC approval.
S. Amedy said he needs IWWC approval before he can go to the PZC.
K. Metzler said the commission should look at the site. He asked if it was flagged.
S. Amedy said the test pits are flagged, and John Ianni located the wetlands previously. Gardner & Peterson merged the plans, and the wetlands are pretty distinct but the flags are not still up.
K. Metzler said the commission would schedule a sitewalk.
2. File #W2000-32-Application for a wetlands permit to replace existing bridge with a new bridge on Village Hill Road approximately 1/3 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, continued to 10/23/00, decision by 11/27/00).
K. Metzler said everyone should have received the report from the DEP Fisheries. Other items outstanding from the engineering firm were also received. Mark Branse has also submitted opinion via e-mail regarding receipt and consideration of information after the close of the hearing.
K. Metzler reviewed the information submitted, including a statement that the engineer visited the site multiple times. Budget details on construction were also received with a total cost of $1,114,910.80. The 1995 bridge programs report was also received. The DEP Fisheries report was sent to everyone including the board of selectmen’s office. A lot of the commission’s concerns about mitigation were included in the DEP report. There is concern over the unnamed tributary.
The commission discussed information on the unnamed tributary and the surrounding area.
F. Dirrigl arrived at 8:37 p.m.
K. Metzler asked Sue if she had spoken with Brain Murphy of the DEP.
S. Yorgensen said she spoke with him, and his opinion is that all the areas of concern the commission rose were what makes this area unique. He took samples from the water and said once it is manipulated it will eliminate the habitat of the fish and they will die.
K. Metzler said most fish would not live in a tunnel.
F. Dirrigl said he was surprised to find out about the fish in the tributary. This shows the need for testing that should have occurred prior to the onset of this plan.
K. Metzler said he does not see the fish coexisting with the bridge.
D. Schreiber said the town does need the bridge.
K. Metzler agreed.
The commission discussed possible compromises.
S. Yorgensen said Mr. Murphy said the habitat could be removed and relocated.
F. Dirrigl said the fish would still be flushed down because the source is above the culvert.
The commission discussed previous disturbances to the area when I-84 was put in, as well as the fish population and its location.
D. Schreiber said where the fish are located is right where the bridge is going.
T. Gutowski asked if there were similar situations elsewhere in the state.
S. Yorgensen said Brian Murphy said he is seeing this more and more, and he specifically noted realignment near Ellington and Stafford.
D. Schreiber said this is not a breeding population. These are the offspring of dispersed fish.
K. Metzler said he does not really see any alternative of relocation of the bridge. The answer may be in mitigation. It is also necessary to check on impact of the culvert discharge.
S. Yorgensen said Brain Murphy made a couple suggestions for modification.
T. Gutowski that impact should be minimized.
K. Metzler said regarding history of the bridge plans, when it was first proposed farther upstream, Brian Murphy had no issue with it. When the commission got its request for review it was moved downstream. Brian came to look at the site and found the fish. The commission could have had this information a long time ago.
F. Dirrigl said it is upsetting that the engineering firm did not look at this a long time ago. It is standard procedure.
The commission discussed outlet protection.
K. Metzler suggested commission member's work on drafting a proposal for the next meeting, which should include the issues, discussed tonight as well as at the last meeting. He read the e-mail from Attorney Branse regarding the new information. He noted the DEP is considered staff, but it does not give the applicant a chance to respond.
S. Yorgensen said per Mark, the report is a review of the information submitted. There is no case law on it. The hearing can also be reopened.
K. Metzler said the commission would not gain a lot of new info. There are many unanswered questions regarding mitigation, which can be conditioned if a permit is issued. Regarding the fish, he would like to speak with Brian Murphy about recommendations for mitigation to protect the habitat.
F. Dirrigl said if the hearing were reopened the commission would likely not get any info pertinent to the wildlife implications. If it were there, they would have gotten it already. With the various expertises on the commission and its sources, we should be able to come up with a plan.
The commission discussed possible conditions in the event the project is approved.
CORESPONDENCE:
1. CC October 13 Motion for defendants’ Failure to Plead, re: Willington IWWC v. Thomas Buccino, et al
2. CC 11/03 PZC Cease & Desist order to Thomas Buccino, re: improvement of property as a commercial parking lot without permits
3. CC 11/03 PZC Cease & Desist order to Thomas & Irma Buccino, re: installation of parking spaces in a hazardous area
4. Technology Transfer, October 2000
5. Municipal Management Bulletin, October 2000
6. Environmental & Land Use Outlook
7. Public Works Memo, re: Asphalt Cold Mix 2000
8. 10/26 proposal from All States Asphalt Inc., re: Asphalt Cold Mix
MINUTES:
T. GUTOWSKI MOVED TO APPROVE THE MINUTES OF SEPTEMBER 25, 2000 AND OCTOBER 23, 2000, AS WRITTEN.
SECONDED BY K. METZLER. UNANIMOUSLY APPROVED.
STAFF REPORT & DISCUSSION:
D. Schreiber noted that damage has occurred on Daleville Road where Charter Communications is trenching for installation of cable.
T. GUTOWSKI MOVED TO ADJOURN THE MEETING AT 9:38 P.M.
SECONDED BY D. SCHREIBER. UNANIMOUSLY APPROVED.
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