Inland Wetlands and Watercourses Commission
40 Old Farms Road ~~~~Willington, CT 06279
March 12, 2007 - 7:30 P.M
Meeting Minutes
Call to order
K. Metzler called the IWWC meeting to order at 7:40 PM
Roll Call:
Present:
Ken Metzler, Chairman
Dave Schreiber, Vice Chair
Frank Dirrigl
Roger Peloquin
Leon Kouyoumjian
Excused:
Greg Blessing
Chairman Metzler said that he wanted to wait to start discussing application W2006-59/49 as Greg Blessing had not arrived yet and he wanted his input when making a decision. He decided to start with the end of the agenda to see if G. Blessing arrived.
W2007-04- Application for Re-Subdivision of Lot 7 on property at Mihaliak Rd. Ext. and Rosemary Lane (Map 50, Lot 3-7, Zone R80) Owner/Applicant: Mary C. Litwinczyk& Litwinczyk Children, LLC (Received 1/22/07, Public Hearing by 3/26/07; Decision by 4/23/07)
Public hearing will be held on 3/26/07
Cease and Desist order issued to Joseph Voboril Re: Clover Springs Subdivision Wetlands Permit W2004-04 off Battye Road. Site Walk 11/4/06 at 9 am.
K. Metzler asked who had walked the property. The commission members discussed the last time they were on the property.
Correspondence:
1. Notice of public hearing on proposed general permits for various water diversion activities from State of CT.
2. Email from Dan Driscoll resigning from the commission
Approval of Minutes
F. Dirrigl made a motion to approve the minutes of 2/12/07, D. Schreiber seconded the motion. All members voted in favor.
D. Schreiber made a motion to accept the minutes of 2/26/07, L. Kouyoumjian seconded the motion. All members voted in favor of the motion, F. Dirrigl abstained.
Staff Report
S. Yorgensen stated that Dan Driscoll resigned from the commission. Discussion regarding Tessa Gutowski's interest in serving on the Commission. Consensus was a letter should be sent to the selectmen asking to re-appoint Tess Gutowski to the commission.
F. Dirrigl said that he is still looking for his notes regarding the Travel Center. S. Yorgensen said that she would make him a disk of that meeting he gave his original report.
Regular Meeting:
W2006-59- Proposed activity within regulated area for proposed 60 condo unit development on River Road; (Received 10/23/06, Public hearing on 12/11/06, continued to 1/8/07, 35 day extension requested and approved, continued to 1/22/07; Decision by 2/26/07; and W2006-49- Application for a ruling of no jurisdiction for proposed subdivision on River Rd (Map 10, L21-0A, Zone R80) Owner/Applicant: Willington River Corp. (Received 10/23/06, 65 day extension requested and granted 12/11/06; Decision by 2/12/07)
The commission discussed the fact that a large amount of information and evidence was presented to them. They went over the information. They also discussed that the members of the commission have backgrounds that allow them to understand and interpret the information appropriately.
K. Metzler asked for a motion to seat an alternate for G. Blessing. L. Kouyoumjian made a motion to seat R. Peloquin, D. Schreiber seconded the motion. All members voted in favor.
K. Metzler told the commission that two draft motions have been written, one to accept the application the other to deny it. The commission members read over both. D. Schreiber said that the motion approve has so many conditions that it is almost going back to square one.
K. Metzler asked to see a set of the final plans. The commission members looked over the plans. The commission members went over the maps; they discussed the plans including drainage and wetland areas.
D. Schreiber asked staff if they have any jurisdiction regarding water that would be dumped onto another property. S. Yorgensen said that it can be taken into consideration when making the decision.
K. Metzler asked if the comments G. Blessing emailed to him regarding the storm water calculations could be used in making a decision. S. Yorgensen said that as they were not discussed in the public hearing it is best not to include them.
F. Dirrigl looked at the calculations for the level spreaders.
K. Metzler read the report from the engineer hired by the town.
K. Metzler asked the commission if there were any more documents that they would like to see from the public record. D. Schreiber asked if something was discussed in the public hearing but not put down on the plans do they need to include that in their decision. S. Yorgensen said they do if it is in the file. D. Schreiber asked if they need to make two motions as this is two files. S. Yorgensen said if the reasons are the same they can treat it as one as especially since that is how they have treated it all along.
K. Metzler asked to see the minutes from all previous public hearings concerning this application. The commission reviewed the minutes from the hearings.
D. Schreiber made the motion to deny file W2006-59- Proposed activity within regulated area for proposed 60 condo unit development on River Road; and W2006-49- Application for a ruling of no jurisdiction for proposed subdivision on River Rd (Map 10, L21-0A, Zone R80) , The Commission is unable to make the findings required for approval of the application of Winterberry Hills and its associated 3-lot subdivision, and therefore denies these applications, without prejudice, for the following reasons:
1) The majority of the storm water from the site will be piped and discharged into level spreaders at the base of a steep westerly slope within a discharge and drainage easement granted by an adjacent property owner. The construction and maintenance of these structures will need to be accessed by an existing "logging road" at the base of the slope. Upon field inspection, it is evident that the road in its present state is inadequate for such activity and will need to be "improved". Currently, areas along this road have un-stabilized steep banks that encroach into adjacent wetlands. The Applicant has not provided any information as to how this road will be improved and stabilized and has not provided any measures that will be necessary to ensure that additional
sedimentation and erosion will not occur. Based on the existing unstable banks, steep slopes, and other site conditions, it is reasonably foreseeable that any alteration or improvement of the logging road will create additional erosion which will adversely impact the wetland located down slope from the logging road. Further, the current design does not allow for future access to the southerly structure without increased disturbance of surrounding wetlands and upland review area.
2) The wetlands to the west of the property have been characterized, for convenience, as a large contiguous area that drains southwest towards Baxter Road. Upon field inspection, this area in reality is a series of groundwater discharge "springs" that form wetlands swales and intermittent streams that converge at the foot of slope adjacent to the horse pasture. No information has been provided by the Applicant on the impacts to these wetland springs by changing the groundwater flow by the capture of infiltration from the development and the discharge of this water as surface water at the base of slope into level spreaders. It is reasonably foreseeable that footing drains, curtain drains, storm water catch basins, and other development-related structures are designed to, and will
in fact, intercept surface and subsurface water which is now providing the water for those springs, and interception of that water will cause those springs to dry out for longer periods than is now the case. The “de-watering” of these springs and swales will fundamentally alter, if not destroy, these fragile wetlands and watercourse systems.
3) The Applicant has not provided any information as to the impacts that the storm water discharge coupled with additional groundwater from the septic system will have on downstream structures. Presently, water from this area goes to two places; a catch basin on Route 32 that during storm events receives overland flow through wetlands and the horse pasture, and a culvert that drains under Baxter Road, eventually flowing through a series of pipes under Route 32 and into the Willington Pizza "wishing well". This culvert presently does not handle water flows during significant events with overflow draining through the pasture just north of Baxter Road and then flooding the intersection of Baxter Road and Route 32, prior to entering a culvert that flows under Route 32. During the
winter months, icing of this intersection is significant. Furthermore, increased flows toward these structures are reasonably likely to increase flooding during periods of high rainfall, further impacting downstream property and structures, both private and public.
3 A) There were no provisions in the plan to correct drainage concerns in the wetland south and offsite behind the “yellow house” (28 River Rd, Ed and Eleanor Ouellette).
4) No alternatives have been presented during the public hearing which would reduce or eliminate the adverse impacts identified above such as reducing the number of units to reduce disturbance and increased runoff, changing the storm water design and flow, submitting plans for improvement to the logging road to demonstrate erosion and sedimentation control, submitting plans for drainage improvements on downstream structures, etc.
5) Such other violations of the Regulations as the record before the Commission may indicate. Because the Commission has identified the most serious deficiencies in the application does not mean that the above list is exhaustive. Quite the contrary, there are numerous other defects in the application but the Commission is not required to prepare a “punch list” of them. The applicant is expected to be familiar with the Regulations and to submit an application which is compliance with them.
F. Dirrigl seconded the motion. The commission discussed the motion. F. Dirrigl said that he is concerned that the since the burden of proof lies with the applicant and he feels that as they did not present any alternatives nor any mitigation. The commission discussed water flow during storm events as well as discharge from level spreaders and wetlands.
Vote: all members voted in favor, thus the motion carries. Application is denied.
W2007-06 Application for Activity within the Regulated Area for the construction of a two car garage located at 22 Old River Road (Map 43, Lot 7). Owner/Applicant Michael Anthony Robertino. (Received on 2/26/07, Hearing or Decision by 4/23/07) Site walk on 3/24/07.
Site walk scheduled for 3/24/07
W2007-03- Application for Drainage Improvements within regulated area including catch basin at 90 Tinkerville Road (Map 40, Lot 41, Zone R80) Owner: David Hammaker; Applicant: Benny Pagani of Titan General Contractors, LLC. (Received 1/22/07, Public Hearing by 3/36/07; Decision by 4/23/07)
Site walk scheduled for 3/24/07
Adjournment
L. Kouyoumjian made a motion to adjourn at 9:00 PM; D. Schreiber seconded the motion, all members voted in favor, thus the meeting ended.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
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