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IWWC minutes January 14, 2008

Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT  06279
January 14, 2008 – 7:30 PM
Minutes



Members Present:

Ken Metzler, Chairman
Dave Schreiber, Co-Chair
Greg Blessing
Leon Kouyoumjian
Tess Gutowski
Roger Peloquin

Members Absent:
Frank Dirrigl exc.

Also present:
Eric Knapp, Willington Land Use Attorney
Susan Yorgensen, Wetlands Agent

K. Metzler called the meeting to order at 7:40 PM. Motion to seat T. Gutowski for F. Dirrigl.  G. Blessing seconded the motion.  Unanimous.

Public Hearings:

W2007-36 Application for drainage improvements at 28 River Road south of Baxter Road (Map 10 Lot 29 & 30 Zone R80) Owner/Applicant: Willington River Corp. (Received Oct 22, 2007 Public Hearing Dec 10, 2007, continue to Jan 14, 2008 Decision within 35 days after close of P.H.) Site walk Nov 18, 2007 9:30 A.M. Public Hearing must be closed 1-14-08

Leonard Jacobs, the applicant’s attorney, was present to further discuss the application to improve drainage on Mr. Ouellette’s property.  Mr. Ouellette was present.  The following exhibits were submitted at this time:  #6 – Request for Supplemental Review; #7 – Response from JEP Engineering Company; and #8 – Easement Agreement.   Mr. Jacob’s said the Easement Agreement will have Mr. Ouellette taking care of it. If he does not, Willington River Corp. will take care of it.  He stated they have also included a provision that, if the town’s requests, they could have the benefit of the easement if they so choose. Mr. Jacob’s observed that, in their opinion, the report by Pinecrest does not pose any problems to their application.  He said they also find the original and supplemental letters from Mr. Polulech to be supportive of their application.



Hank Torcellini, of Gardner & Peterson Associates, submitted a Resume marked Exhibit #9.  He discussed the proposed pipeline going through Mr. Ouellette’s property and will then tie into the state highway drainage system.  Mr. Torcellini commented that they have shown the wetlands on the piece of property next to Frank’s Auto.  A letter from John Ianni, of Highland Soil, was submitted as exhibit #10.   Drainage calculations have been done by Gardner & Peterson and this was submitted as Exhibit #11.  Mr. Torcellini commented that the project will not increase or decrease flow.  He said the pipe size is more than adequate to handle the current flow.  He said he knows they are not impacting peak flow, at this point. .

G. Blessing asked what the town should do about the drainage issue on Baxter Road.

Mr. Torcellini recommended a whole drainage study on Baxter Road.  Exhibit #12 - Analysis of Peak Flow Rates and Exhibit #13 - Supplemental Drainage Calculations were submitted by Mr. Torcellini.  A revised set of drawings were also submitted as Exhibit #14.

K. Metzler asked why they are proposing to do this work on Mr. Ouellette’s property if the project is not impacting water flow.

Mr. Torcellini said we are not impacting peak water flow.

K. Metzler asked why they aren’t addressing the drainage problem.

Mr. Jacob’s addressed this question.  He said that Mr. Polulech’s letter recommends they make correction if peak flow is increased by the project.  He explained the project is not impacting peak flow.  He said they have satisfied the requirements of Mr. Polulech.  When the previous application was denied, the commission said they did not address this property.  It is now included in the plans.  He stated to ask an applicant to solve a problem that was not caused by the applicant is not fair.  He said they have satisfied the requirements of Mr. Polulech.

G. Blessing asked if there are alternatives to this drainage issue.

H. Torcellini said this is the only work they are doing within the wetlands. And, the only reason they are doing this is because, at one time, the whole area was excavated out as a holding pond.  If you want to pull back out of the wetlands, they could build a basin, back out of the wetlands area, and put a pipe in it.  He said if the pond stays, it gives emergency overflow over the top.

T. Gutowski asked a question regarding the Easement Agreement.  What happens when the company ceases to exist?

Mr. Jacobs stated that the condo association will then take over and will have to, eventually, take over the maintenance.

G. Blessing made a motion to close the public hearing.  D. Schreiber seconded the motion.  Unanimous.



W2007- 37 Application for activity related to 60 single family condominium project Winterberry Hill at River Road and Baxter Road (Map 10 Lot 21-DA  Zone R80) Owner/Applicant: Willington River Corp.(Received Oct 22, 2007 Public Hearing  Dec 10, 2007, continue to Jan 14, 2008  Decision within 35 days after close of P.H.) Site walk Nov 18, 2007 at 9:30 A.M. Public Hearing must be closed 1-14-08W

Mr. Jacob’s submitted the review letter from DEP as Exhibit #7.  Exhibit #8 - Mr. Polulech’s Supplemental, Exhibit #9 Pinecrest Environmental Report dated 12/21/2007, and Exhibit #10 Highland Soil Report were also submitted at this time.  Mr. Jacob’s commented that Mr. Ianni has said there are no endangered species here.  Mr. Ianni also asked Mr. Jacob’s to remind the commission that normal wildlife cannot be regulated.

Rob Sonnichsen, now of Waldo & Associates LLC, was present to go through the Pinecrest Report and to address any comments made. A discussion was held on hydrology.  He said the primary concern with the drainage system is clogging debris and it will have to be cleaned over time.  This will be included in the Management Inspection Plan.  Exhibit # 11 was then submitted by Waldo & Associates on Storm Water Quality.  Mr. Sonnichsen commented that DEP is satisfied that this easement will protect water quality and agrees with Pinecrest.  He said the wells put in on the side will be bedrock wells.  He said there is fairly deep saturated ground water in the area and as a result, volume will not be enough to have a negative impact. He explained that water will be collected and discharged to 2 level spreaders.  The level spreaders are longer than required and he felt they were ideally located.  Due to the size of the level spreaders, water will be distributed over a long area.

K. Metzler asked what the extent of the easement is in square footage.

Mr. Torcellini said it is 30X25.  He then submitted plans marked as Exhibit # 12 and his resume, marked as Exhibit #13.  Exhibit #14 - Supplement to Drainage Calculation was submitted and has been submitted to DEP.  Best Management Plan, Exhibit # 15, and Culvert Calculations, Exhibit #16 were also submitted.  

Mr. Jacobs stated that he felt all issues, on the previous denial, were adequately addressed.

A discussion was held on whether to close the hearing or request an extension.  

E. Knapp said if the hearing is closed, consultants can review documents added but cannot have additional information entered.  He said the commission is entitled to expert reviews of new documents submitted.  

G. Blessing asked if the project could be scaled back.

Mr. Sonnichsen felt you would not gain anything by scaling down units when you are talking about hydrology.

Mr. Jacob’s commented that they consent to an extension of the public hearing.

E. Knapp said the consent should be in writing.  

T. Gutowski made a motion to keep the hearing open until Feb 11.  D. Schreiber seconded the motion.


K. Metzler requested the commission take a vote on closing the hearing.  5 voted yes, 1 no.  Hearing was closed.

K. Metzler called the regular meeting to order at 9:35.

W2007- 39 Application for resubdivision of Lot #4 Latham Landing into 6 lots for single family dwelling at 59 Latham Road (Map 9 Lot 33 Zone R80) Owner/Applicant: Michael Nogas (Received Nov 26, 2007 Decision or Public Hearing by Jan 28, 2008.)

Applicant was present, although his engineer was not.  Mr. Nogas requested an extension until after the site walk. Moved to 1/28/08.

W2007-42 Application for  lot split with activity in the upland review  area at corner of Daleville School Road and Busse Road (Map 11 Lot 20  Zone R80) Owner/Applicant :S & P Ventures, LLC (Received Nov 26, 2007  Decision or Public Hearing by Jan 28, 2008.)

Applicant submitted new plans revised January 10, 2008.  Two lots were created.  K. Metzler commented that the applicant has made the revisions.

G. Blessing made a motion to approve application.  D. Schreiber seconded the motion.  All members in favor.

W2007-43 Application for land clearing for farm use (request for no jurisdiction ruling) at 211 Jared Sparks Road (Map 32 Lot 1) Owner/Applicant: Keith MacDonald (Received Nov 26, 2007 Decision by Feb 25, 2008) 65 day extension requested and approved. Application Withdrawn

W2007-44 Application for addition of accessory garage at 70 Polster Road
(Map 51 Lot 20 Zone R80) Owner: Bruce E Ceramicole Applicant: Stephen
C. Marshall (Received Nov 26, 2007 Decision or Public Hearing by Jan 28, 2008.

The applicant submitted new plans dated 12/31/07.  The driveway was eliminated in the back and the pad was scaled down.

S. Yorgensen said G. Jones was concerned about the grading.  S. Yorgensen suggested to the commission that a copy of the Conservation Easement be obtained for the file and a clarification that the grading does not go beyond the limit of the Conservation Easement.  

G. Blessing made a motion to approve with the conditions; a copy of the Conservation Easement be submitted and that grading does not go beyond the limit of the Conservation Easement.   D. Schreiber seconded the motion.  All in favor.

Old Business

Review of Operation and Maintenance for Storm Water Systems at Town Library at 7 Ruby Road.


S. Yorgensen commented that revised plans, dated January 8th 2008, have been completed but not yet distributed to the commission.  

K. Metzler said they will take a look at the revision and give it to Karl Acimovic to review, as well.  He stated that if it is not sufficient, he will write a letter to the selectmen to appropriate funds toward having a Storm Water Maintenance Plan done.

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. Site walk Nov 18, 2007 at 11: 00 A.M.

S. Yorgensen said they received a memo from George Giguere along with a CD containing photos on fixes made.  The memo and copies of the pictures were distributed to the commission.  

Approval of minutes
G. Blessing made a motion to approve the December minutes.  D. Schreiber seconded the motion.  L. Kouyoumjian abstained.

Discussion
T. Gutowski commented that the property at 160 Willington Hill Road has a deck which she remembered to be approved but a shed and fenced are in area that she did not remember being approved.  The consensus of the Commission was that it had never been approved, nor had an exemption been requested. The Commission will issue a notice of violation.

D. Schreiber made a motion to adjourn at 10:02.  L Kouyoumjian seconded the motion.

Respectfully Submitted,

Michele Manas
Recording Clerk