TOWN OF WILLINGTON
INLAND WETLANDS AND WATERCOURSES COMMISSION
MINUTES OF NOVEMBER 8, 2004
A. Call to Order
Schreiber called the meeting to order at 7:31 p.m.
B. Roll Call
Members Present: K. Metzler, Chairman
D. Schreiber, Vice-Chairman
F. Dirrigl
L. Kouyoumjian
K. Pacholski (alt.)
Members Excused: S. Calvert (alt.)
Members Absent: G. Blessing
Also Present: S. Yorgensen, Inland Wetlands and Watercourses Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
MOTION: To seat Pacholski for Blessing.
By: Schreiber Seconded: Dirrigl
Result: Motion passes unanimously.
MOTION: To add “Starinovich Pond” under E. Pre-application.
By: Dirrigl Seconded: Kouyoumjian
Result: Motion passes unanimously.
D. New Business
1. File #W2004-34 – Application for Timber Harvest adjacent to wetlands with bridged
stream crossing on property at 25 Busse Rd. (Map 11, Lots 18 & 19). Owner:
Charles Busse, Jr.; Applicant: N. E. Timberland Investments, LLC. (Received
10/25/04; Decision by 12/13/04.)
Joseph Theroux, Forestor, showed the site map. He said that two crossings will be done, one wetland and one stream. The wetland crossing will be 20 ft. wide in the rocky section. A portable bridge section and/or log corduroy will be used. The area is relatively flat. He said he has walked the site with Yorgensen and Jones, and there is little or no flow – it’s basically a “pick up” for the wetland south of the property. They will do the bridge crossing with corduroy at either end, and will place hay bales downstream on the crossing site. He said they will remove bridges, portion of the corduroy, and then seed/mulch. The volume of harvest is only 25,000 board feet, requiring 12-15 trips.
Metzler inquired about the seeding plan, and Mr. Theroux said they will use a conservation mix of red clover, fescue, and rye, with mulch hay. He said no ruts will be left since the operation will be done mid-January. The seeding will be done in spring. He said they would like to leave a portion of the log corduroy intact, which should be a deterrent to ATVs.
Yorgensen said that stream crossing #1 is obviously a previous crossing. She said there should be room to leave the logs on the side of the banks.
In response to a question by Metzler, Mr. Theroux said the edges of the wetlands have been clearly marked with tree marking bands.
MOTION: To approve File #W2004-34.
By: Metzler Seconded: Dirrigl
Several members commented that the application was complete and thorough.
Result: Motion passes unanimously.
2. File #W2004-36 – Application for selected timber harvest on property at 143 Daleville
Road (Map 12, Lots 17 & 17a). Owner: Muriel A. Jax; Applicant: Hull Forest
Products, Inc. (Received 11/8/04; Decision by 1/10/05.)
Mike Bartlett, Forester, said they plan a selective harvest on approximately 20 of 42 acres at the site. This is basically the property that lies to the east of the Fenton River and abuts the river. He said the wetlands are flagged with blue flagging. He said there is at least a 50 ft. buffer along the Fenton River, and that one tree has been marked within that buffer. There is a small brook that crosses Mason Road and crosses the harvest area. He said they plan to use a forwarder. All roads are at least 150 ft. away from the river. There will only be a few trips on the closest trails. Most of the trips will be 150-200 ft. away from the river.
Metzler asked if there will be any activity over the brook or wetland, and Mr. Bartlett replied no. He described the trails. A forwarder will be used. He said the job will be done in December or January when the ground is frozen. Metzler asked if there is any provision for water bars, and Mr. Bartlett said yes, it is in the narrative. Dirrigl noted that not everything Mr. Bartlett was saying was in the narrative.
Yorgensen said that zoning regulations say a skidder trail can’t be located within 100 ft. of wetlands.
Mr. Bartlett said they will be taking out oak, hard maple, and hemlock.
Metzler asked if the location of the access roads are within the regulated area, and Yorgensen said yes, but there are no crossings.
Metzler said he would like to see a few paragraphs with specific information in the narrative with the application as well as a post-operation inspection.
There was a brief discussion as to what should be in the application.
MOTION: To approve File #W2004-36 with conditions: 1. That the narrative be expanded to include the post harvest details regarding timing and removing bridges, corduroy’s within streams and seeding and mulching. 2. Applicant contact staff upon completion for inspection. ~
By: Metzler Seconded: Dirrigl
Result: Motion passes unanimously.
3. File #W2004-37 – Application for construction of a single family home on property
at 190 Ruby Road (Map 38, Lot 29). Owner/Applicant: David Lytwyn. (Received
11/8/04; Decision by 1/10/05.)
4. File #W2004-38 – Application for a 14-lot Subdivision on property at Lohse and Spak
Roads (Map 46, Lot 1). Owners: Carol Lynch, Roberta Haney, and MaryAnn
McLees; Applicant: D. W. Fish Builders, LLC. (Received 11/8/04; Decision by
1/10/05.)
Mark Peterson gave out copies of topographical maps. He said they are proposing a new road off Lohse, turning onto a permanent cul-de-sac. He pointed out frontage lots. He said the homes will be served by wells and septic systems. He said the regulated area varies from 100 to 250 feet due to slopes adjacent to wetlands. There will be no wetland disturbance. The first impact will be a driveway within the regulated area on Lot #11 and a reserved septic system within the regulated area. He said there is open space for the stormwater treatment retention area; it discharges back towards the wetlands. He said the proposed road runs between the two wetlands.
John Ianni, Soil Scientist, said the property, which is forested and has been logged recently, is in the Roaring Brook watershed. He said the majority of the wetland flow heads to the west. There is no standing water until 150 ft. from the wetland. He discussed the types of soil. He said existing logging roads or paths run through the property. The stormwater management system has to be “tweaked” a bit. There will be a dedication of open space in the NW corner.
Metzler asked if water will be going into the detention basin during the construction of the road, and Mr. Peterson replied yes. Mr. Ianni gave details of the stormwater treatment area. He said that zoning regulations require access near frontage, and reserve septic 200 ft. from the wetlands.
The driveway location was discussed. Mr. Peterson said that lots 9 and 10 don’t have the acreage for an access point. Metzler asked if it will be a town road with the town maintaining the detention basin, and Mr. Peterson replied yes. He said that during construction there will be temporary structures on the basin. Detail of the outlet structure is on the maintenance sheet.
Yorgensen said it will have to be cleaned out before the town will accept it. There has been no review by staff or the town engineer yet. Yorgensen suggested alternate driveway locations.
Metzler said he would like to have the staff review and report on this application. He said there may or may not be a public hearing; it depends on what comes out of the review. He said his interest at this point is the hydrology of the area. He asked Yorgensen to send a copy of the report to Greg Blessing.
E. Pre-application
1. Starinovich Pond.
Joseph Polulech, Physical Engineer, said they are proposing a .98 acre pond within an approximately 7 acre swamp. He said he did three deep test pits, as well as test pits for the proposed septic system. He said the applicants want to eventually build a house with primary and reserve septic systems. He gave information on the soils. He said the water table is the same as the elevation of the proposed pond; water is right at the surface. The pond will stay full. He said they have the pick of what area to dig in without too much caving. There will be no dam.
Discharge was discussed.
Metzler said he would like to see the property after the application is submitted. Mr. Polulech said he had contacted the DEP and they recommended that he contact the Corps of Engineers. The federal government may be interested because of the size of the pond. They will be meeting with a Corps representative on December 2; they want to see the results before making application to the town. Mr. Polulech said they have a report from a biologist which stated there are no threatened, rare, or endangered species in the proposed pond area.
2. Ruby Road Subdivision Project (Map 33, Lot 19). Owner: Ruby Road Associates,
LLC. Presentation by BHS Construction.
Annette Turnquist said the property consists of 236 acres on the east side of Ruby Road, in an R-80 zone. Of these 236 acres, 26 acres are wetlands. She said they are proposing an open space subdivision to lessen impact. Six or seven of the lots do contain a small amount of wetlands. Most don’t even have a buffer. She said they tried to keep crossings to a minimum at the narrowest points. They are proposing 121 lots, although 151 lots are allowed. They are proposing four phases of construction, each with 30 lots. A total of 55.6 acres are needed for open space; they are proposing 133.7 acres of open space, 41% of the entire property. She said the layout is preliminary. No soil testing has been done yet.
In answer to a question by Dirrigl, Ms. Turnquist said that Michael Schaeffer will probably be their soil scientist. He has not flagged the wetlands or done the site lines yet. Dirrigl said we will need a wetland function analysis as well as a wildlife study.
Ms. Turnquist said she didn’t know the soil types. There will be 7 crossings on the property.
There was a brief discussion concerning open space.
Yorgensen said that Planning and Zoning would make the final decision and the Conservation Commission will give their input.
F. Applications received after post-agenda filing
None.
G. Old Business
1. File #W2004-30 – Application for a single family house with driveway and utilities
crossing wetlands and regulated area on property at 212 River road (Map 19, Lot 25).
Owner/Applicant: Lynnthea Mackovich. (Received 9/27/04; Decision by 11/8/04.)
Mark Peterson said the deed calls for two sites, but the property is one lot now. They are requesting that it be changed to two lots. There was a brief discussion on the history of the area. Mr. Peterson said the new house will be outside of the regulated area of 100-250 ft. Septic approval has been given for the new location.
John Ianni, Soil Scientist, said the main wetland is along Rt. 32. He gave details, discussing the variety of flora and fauna in the wetland area. He discussed the second area of wetlands. He said the remainder of the site is forested. The soils are fairly good, relatively well-drained, and suitable for a septic area. The location of the proposed driveway was discussed.
Metzler asked about the size of the culvert, and Mr. Peterson replied probably 18 inches.
Mr. Ianni said the first wetland has more mineral than organic soil. Not much soil would have to be stripped out of there. Metzler commented that the driveway would have to be built up.
Schreiber asked if a driveway turnout would be required because of the length of the driveway. Yorgensen said that the requirement that any driveway over 500 ft. would have to have a turnout has been removed from the regulations. Driveways over 500 ft. now have to be reviewed by the Fire Department and have a turnaround up by the house. She said the driveway is supposed to have load-bearing shoulders. The culvert will have to be extended. She said that the impact on hydrology, and state easements, are of special concern.
Metzler said he would like to see the property in question. Yorgensen said a time extension is needed. She said that Jones will review this.
Mr. Peterson spoke of some alternate locations for the driveway. He said he could angle the footing drain over.
2. File #W2004-32 – Application for a single family home on property at 12 Turnpike
Road Extension (Map 45, Lot 7). Owner/Applicant: Earl Melendy. (Received
9/27/04; Site Walk on individual basis; Decision by 11/8/04.)
Earl Melendy said the site is within the 250 ft. regulated area because of a steep slope. He said they had better perc tests on the septic area in the back of the property. The driveway will be paved. Yorgensen said Mr. Melendy may have to do more with the driveway because the town doesn’t maintain up to that point. He may have to have a “T” for a turnaround. Metzler said he had walked the site and didn’t see any problems.
Yorgensen said that there may have to be modifications to this plan since the town maintained road does not go this far. The applicant may need to put in a turn around beyond this point at a minimum. She wants the Commission and the applicant to be aware of this. Mr. Melendy and the Commission said they understood.
MOTION: To approve File #W2004-32.
By: Metzler Seconded: Pacholski
Result: Motion passes unanimously.
3. File #W2004-11 – Notice of Violation – Maintaining a stump pile, stockpile of
potential topsoil, and compacted brush storage pile within a wetland and upland
review area on Clover Springs Farm Subdivision Phase II property located off Battyle
Rd. (Map 9, Lot 7). Owner: Joseph Voboril.
Joseph Voboril described the three operations that took place. He said the grinding or chipping is in process. Yorgensen asked when the chips will be hauled out, and Mr. Voboril replied within a week and that before Thanksgiving the road also will be finished. The chips will have to be moved with a big payloader.
4. File #W2004-26 – Application to expand employee and truck parking and add guard-
house to property t 350 Ruby Road (Map 42, Lot 48-01). Owner: FedEx; Applicant:
GBC Design, Inc. (Received 9/13/04; Site Walk 9/18/04; Decision by 11/8/04.)
No one was present; Yorgensen said she told the applicant they didn’t have to be here. There was a brief discussion on the application.
MOTION: To approve File #W2004-26 with the conditions:
~
1. No activity (including expansion of pavement and movement of curbing) take place in the North East section of the site from the existing pond at the east side of the site heading in a westerly direction for approximately 500 feet as shown on sheet C103.
2. Conditions of original permit be incorporated and adhered to.
By: Metzler Seconded: Kouyoumjian
The Commission strongly suggests that Fed-Ex have the wetlands and watercourses in the area along the relocated stream and explore this area for future snow removal storage in order to better utilize their site and maximize it’s potential.
~ Result: Motion passes unanimously.
5. File #W2003-49 – Notice of Violation: TravelCenters of America (the Lessee)
and George Giguere of Royce Properties (the Owner) of property located at 327
Ruby Road.
Not discussed.
H. Correspondence
1. Letter dated September 9, 2004 and attachments from CT Water to Gary Johnson of
DPH
Re: Monthly SDWA Reports, TA Travel Plaza
2. Letter dated August 13, 2004 and attachments from Kevin M. Leslie, 7 Crown St.,
Stafford Springs, CT to Joe Faryncrz, CT DEP
Re: TravelCenter of America
3. Cover letter dated October 12, 2004 and attachments, “Dynamic Models of Land Use
Change in Northeastern USA,” from Yale University to Sue Yorgensen.
4. Emergency Incident Report dated October 1, 2004
Re: 350 Ruby Road
5. Cover letter dated September 8, 2004 and attachments from Robert Dengler, PE to
Rosemary Gatters-Evarts
Re: FedEx Ground Storm Water ATMAR
6. Letter dated October 9, 2004 from Keven M. Leslie, 7 Crown St., Stafford Springs,
CT to DMR Processing
Re: Sept. 2004 DMR Report, Willington TravelCenter
7. Letter dated October 7, 2004 from New England Water Utility Services, Inc. to
Gary Johnson, DPH Water Supplies Section
Re: Monthly SDWA Reports, TA Travel Plaza
8. National Geomatica “CT Muni News,” Vol. I, October 7, 2004
9. Letter dated October 13, 2004 with attachments from Kevin M. Leslie, 7 Crown St.,
Stafford Springs, CT to Joe Faryncrz, Sanitary Engineering, CT DEP
Re: Sept. DMR, TravelCenter of America, WWTF, Willington, CT
10. Announcement received October 18, 2004 from Branse & Willis, LLC to Land Use
Dept.
Re: Ronald F. Ochsner joining firm
11. Letter dated October 15, 2004 from Terry Hoffman, Accounting Supervisor, Town of
Willington to Dept. Heads, Board and Commission Chairs, Fire Dept. Chiefs, Supt.
of Schools
12. Emergency Incident Report received October 25, 2004 #2004-07339
Re: TravelCenters of America
13. Emergency Incident Report received October 4, 2004 #2004-06834
Re: TravelCenters of America
14. Emergency Incident Report received October 18, 2004 #2004-07208
Re: TravelCenters of America
15. Letter dated October 19, 2004 from Richard Smith, 112 Old Farms Road, to
Lynn Nichols, Willington Public Works
16. Letter dated September 14, 2004 from Land Use Dept. to David Prince, 34 Luchon
Road, Wilington
Re: 139 River Road
Correspondence was reviewed.
I. Approval of Minutes
Pacholski requested that the spelling of her name be corrected on page 1 of the September 27 minutes.
MOTION: To approve minutes of September 27, 2004 as amended.
By: Dirrigl Seconded: Schreiber
Result: Motion passes unanimously.
J. Staff Report and Discussion
A violation as well as several other matters were briefly discussed.
K. Adjournment
MOTION: To adjourn at 9:53 p.m.
By: Pacholski Seconded: Metzler
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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