TOWN OF WILLINGTON
INLAND WETLAND AND WATERCOURSES COMMISSION
MINUTES OF APRIL 25, 2005
A. Call to Order
Metzler called the meeting to order at 7:39 p.m.
B. Roll Call
Members Present: K. Metzler, Chairman
D. Schreiber, Vice Chairman
G. Blessing
F. Dirrigl
L. Kouyoumjian
K. Pacholski (alt.)
Also Present: S. Yorgensen, Inland Wetlands and Watercourses Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
No alternates were seated.
D. New Business
1. File #W2005-06 – Application for 14-Lot Subdivision on property at 22 Kuchko Road
(Map 42, Lot 8-1). Owners: R. F. Crossen & Joan Aitchison; Applicant: R. F.
Crossen Contractors, LLC. (Received 3/14/05, Decision by 5/17/05.)
Mark Peterson of Gardner and Peterson represented the applicant. He said the wetlands have been delineated. Fourteen houses are proposed, all of which are served by septics and wells. One house is under construction at the site. Approval has been received from the Eastern Highlands Health District.
Mr. Peterson talked about the disturbance. He said that Lot #3 has foundation drains within the 100 ft. setback. Lot #2 has a portion of its storm water detention basin outlets and foundation drain within the setback. Three items are within the regulated area. No wetlands are disturbed.
Concerning a memo from Karl Acimovic dated 3/28/05 regarding drainage and detention basins, Blessing noted that the last paragraph of the memo under drainage states there is significant drainage issues on Kuchko Road. He asked how new drainage would connect into the existing systems, saying that we should seek input from the Public Works Department.
Metzler suggested it would be prudent to postpone discussion until these items were addressed. He requested that Mark Peterson respond to these concerns. Blessing said that the P&Z comments #22 and #23 should be addressed as well. Yorgensen said that #4 should be added to the list, too.
There was brief discussion about the necessity of a Public Hearing. Yorgensen said that P&Z will be having one. Karl Acimovic wants a meeting. Mark Peterson said he would call Mr. Acimovic tomorrow.
Consensus was to table the application until the next meeting.
2. #W2005-08 – Application for 15-Lot Subdivision – Lechowicz Estates – Section II,
on property on Mihaliak Road Ext. (Map 50, Lot 3). Owners/Applicant: Mary C.
Litwinczyk & Litwinczyk Children, LLC. (Received 3/28/05, Decision by 5/23/05.)
3. #W2005-09 – Application for a 6-Lot Subdivision – Lechowicz Estates – Section I, on
property on Mihaliak Road (Map 50, Lot 3). Owner/Applicants: Mary C. Litwinczyk &
Litwinczyk Children, LLC. (Received 3/28/05, Decision by 5/23/05.)
Ed Pelletier of DATUM Engineering represented the applicant; John Ianni and Ralph Phillips were also present. He said the six lots all have frontage on Mihaliak Road. There is no proposed activity within the wetlands, although there is physical activity within the regulated area. Lot #1 needs fill and grading. Lots #2,3,4, and 5 have no activity within the regulated area. Lot #6 has activity just outside of the regulated area.
Mr. Pelletier said that Lots #2,3,4, and 5 drain towards Mihaliak Road; Lot #6 drains differently. Lot #1 drains down toward the wetlands, and there is a drainage easement on it. He said there are 3 concrete headwalls altogether. One doesn’t work and another one’s clogged. He said that Mr. Ianni walked the site several times, mostly in Section I.
Mr. Ianni said the wetland impact is relatively minor for Phase I. Section I deals with lots #1-6 along the frontage. There are wetlands on the eastern half of the site within the conservation easement. The main flow comes from a man-made pond on Mihaliak Road. He said that red maple, red elm, highbush blueberry, and spice bush were present. The wetlands on the east exit across Mihaliak Road. Metzler asked if there was evidence of tree death, and Mr. Ianni replied no, the water levels were relatively low. He said he hadn’t looked for the presence of vernal pools in Section II. Section II has more complicated issues; he will need to look at isolated wetlands for species.
Mr. Pelletier said that more testing will have to be done on Section III. Between 1-2 lots will be done depending on what the testing shows. He showed the map with isolated regulated areas. On Lot #7, the septic system is outside the regulated area. On Lots 8-13 there is no activity within the upland review area. Lot #14 has a little bit of grading for turnaround on the driveway. On Lots #15-17 there is no physical activity in the upland review area. Lot #18 will have grading and fill for septic in the 100 ft. regulated area. Lot #19 will need fill for the septic and a little grading within 100 ft. of the regulated area. On Lots #20 & 21 there is no activity within the regulated area. There is no proposed activity within the wetlands. There is a small
portion of the road within 100 ft. of the regulated area; some fill will be required. The majority of the activity has to do with drainage. The majority of the water is generated from the site. He said there is no activity within wetlands. The water will be treated and released into the wetlands. He said the 2nd basin within Lots #8 and 9 will pick up drainage from another section of the road. This, too, will be released back into the wetlands. Mr. Pelletier said that drainage problems exist today in a portion of Mihaliak Road. Water puddles at the edge of the road and turns to ice in the winter.
Metzler asked if there were any alternative layouts, and Mr. Pelletier replied no. In answer to a question by Dirrigl, Mr. Pelletier said there was just one outlet in the lower wetlands. Metzler said he would like to see a biological report on the isolated wetlands and an alternative design. Dirrigl asked when the Commission would ask for the percentage of pollutant removals, and Yorgensen replied whenever the Commission wants to
There was a brief discussion about whether a Public Hearing would be appropriate. Metzler read the regulations, which stated “significant activity to wetlands or watercourses.” Blessing said we don’t know the value of the wetlands at this point.
MOTION: To schedule a Public Hearing for Section II of File #W2005-08, given the
potential for erosion and pollution.
By: Blessing Seconded: Schreiber
Discussion.
Result: Motion fails, 1-3-2
KM – like to see alternatives and biological report for isolated wetlands and manuals for the basin. SY – and any mitigation that you might think of, such as conservation easements. Discussion about limits of disturbance. Alternatives were discussed with JI and EP, with EP saying that although he didn’t not offer any to the Commission, he had others that he did not show that were not as “approvable.”
4. File #W2005-13 – Application for 7-Lot Subdivision on property at 150 Clint Eldredge
Road (Map 12, Lot 20, 19.096+/-ac). Owner/Applicant: CE Road, LLC (Contact: James
Bugbee). (Received 4/25/05, Decision by 6/27/05.)
.
5. Cease and Desist Order issued to Joseph Voboril
re: Clover Springs Subdivision, Wetlands Permit #W2004-04 off Battye Road . Show Cause Hearing.
Mr. Vobril submitted photographs with explanations for each of the activities he believed may have been addressed in the order. Commission members and Agent Yorgensen mentioned various violations they have seen and photographed, including erosion, sediment transport, a lack of S&E controls, stream crossing with no permits, a large stump pile, and a skidder for logging, for which there is no permit. It was decided to have a group site walk with Mr. Voboril present on Monday, May 2 at 6:00 p.m.
MOTION: To leave the Cease and Desist Order in place for Joseph Voboril.
By: Blessing Seconded: Schreiber
Result: Motion passes unanimously.
E. Pre-Applications – None.
F. Applications Received After Post-Agenda Filing
1. File #W2005-14 – Application for construction of single family home on property at 282
Daleville Road (Map 7, Lot 5-A3). Owner/Applicant: Patricia & Robert Elliot. (Received
4/25/05; Decision by 6/27/05.)
The Commission received the plans from Mark Peterson.
G. Old Business
1. File #2003-49 – Notice of Violation – TravelCenters of America (the Lessee) and George
Giguere of Royce Properties (the Owner) of property located at 327 Ruby Road.
H. Correspondence -- None.
I. Approval of Minutes
MOTION: To approve Minutes of March 28, 2005.
By: Dirrigl Seconded: Schreiber
Result: Motion passes 4-0-1 (Kouyoumjian abstains)
J. Staff Report and Discussion
Reasons for denial of an application in general and in particular were discussed.
Yorgensen suggested that individual site walks be done on both Mihaliak and Kuchko Roads.
Activity in the buildings on the spillway was discussed. The consensus of the Commission was that any business that’s going to be on the spillway must come before the Commission.
K. Adjournment
MOTION: To adjourn at 10:30 p.m.
By: Schreiber Seconded: Dirrigl
Result: Motion passes unanimously.
Respectfully Submitted,
Sue Nimerowski
Recording Clerk
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