Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
July 28, 2008 – 7:30 ~~PM
Meeting Minutes
Members Present:
Ken Metzler
Dave Schreiber
Greg Blessing
Leon Kouyoumjian
Frank Dirrigl
Roger Peloquin
Members Absent:
Tess Gutowski
Also present:
Eric Knapp, Willington Land Use Attorney
Susan Yorgensen, Wetlands Agent
K. Metzler called the meeting to order at 7:36 PM.
Public Hearing:
W2008-6 Applicant to construct a new house and related construction including driveway, crossing wetlands at 14 Balazs Road (Map 44 Lot 17 Zone R80) Owner/Applicant: Craig A. Johnson (Received May 12, 2008 Public Hearing ~July 14, 2008 continued to July 28, 2008 decision within 35 days after close of Public Hearing)
Ed Pelletier, of Datum Engineering, was present for the applicant and presented revised plans which were marked as exhibit #5.
A discussion was held on the vernal pool. Rick Zulick, a soil scientist, commented that it is not your traditional vernal pool and said it was included within their wetland delineation. He said it is 18 feet wide, 30 feet long and has 4 inches of water. He said they do not expect changes in the vegetation or topography in this area and they do intend to protect the vernal pool. D. Schreiber asked how far the pool was from the limits of disturbance. Mr. Pelletier said 35 feet.
Mr. Pelletier submitted alternative plans, dated 7/28/08, which were marked as exhibit #6.
Mr. Pelletier explained the alternative plan and a short discussion was held. Mr. Zulick commented, in regards to the alternative of placing the house in the front, they felt it would have a negative impact on the wetlands and, for that reason, it would not be a prudent alternative.
A discussion was held on the driveway. Mr. Pelletier commented that it is going to be partially paved and they are going to request a waiver from Planning & Zoning to have the remainder left as gravel. F. Dirrigl commented he would recommend this due to the wetland crossings. A discussion was held on the wetlands. K. Metzler asked if they had done test borings and Mr. Pelletier said they had not. A discussion was held on the construction of the driveway and the drainage calculations.
A discussion was held on the stone wall on site and Mr. Pelletier commented that they would have to remove a portion of the wall to put the driveway in.
A discussion was held on the possibility of the homeowner accessing the pond through the wetlands. S. Yorgensen asked if there was a common easement on lot 8 for the subdivision. Mr. Pelletier said there is an association easement and a discussion was held. S. Yorgensen commented that the common or easement areas are not shown or noted on the plans. Bob Anderson was present and commented the association has a general easement along the Fenton and there are 13 or 14 covenants attached to the easement. Discussion was held on the covenants. K. Metzler asked if there was a covenant on cutting the lawns or clearing vegetation. Mr. Anderson said he did not recall such covenant. Laurie Semprebon expressed her concern on the homeowner putting a crossing in to get to the pond. Mr. Pelletier said it is a
substantial crossing and they would need a bridge. A discussion was held on the crossing.
F. Dirrigl made a motion to close the hearing. D. Schreiber seconded the motion. All in favor. Motion carried.
W2008-7 Applicant for construction of single family dwelling, septic system, drilling well, driveway & site grading within upland review area.18 Balazs Road (Map 44 Lot 16 Zone R80) Owner/Applicant: Craig A. Johnson (Received May 12, 2008 Public Hearing July 14, 2008 continued to July 28, 2008 decision within 35 days after close of ~Public Hearing.)
Ed Pelletier was present for the applicant and presented revised plans, dated 7/28/08, which were marked as exhibit #5. He said the only change is the management plan added to sheet 1. K. Metzler commented that all activity is in the regulated area. Mr. Pelletier said there is not activity in the wetland area whatsoever. G. Blessing asked about the distances of the septic area in which Mr. Pelletier showed on the plans. He asked if a rough renovation analysis had been done. Mr. Pelletier answered no the soils were gravelly.
A discussion was held on the characteristics of the wetlands, the soils, the slopes and the area around the pond. A discussion was held on the existing gravel driveway. Mr. Anderson commented that the driveway was approved before the regulations were changed so it was grand fathered in. He said the common driveway is owned by the association. E. Knapp commented the problem is that nothing in the plans shows or states this. He said it is common owned land and if the association goes away, the right would be split among the homeowners.
The Declaration of Restrictive Covenants, Fenton Woodlands was submitted as exhibit #6. The Warrantee Deed, Volume 162, Pg 831 was submitted as exhibit #7. E. Knapp asked if Schedule A in the deed is for an individual lot. Mr. Pelletier said yes. E. Knapp read the deed which gives maintenance requirements. He said nothing specifically says there is a common right to use the road. Shirley Ernst said they fought very hard with Planning & Zoning for the right of the association to use the road.
S. Schreiber asked about the wetlands. Mr. Pelletier explained the wetland area and said it is very similar to lot 7 with gentle slopes.
Ms. Ernst commented, as part of the association, we all pay for upkeep of the road and we are all responsible for 1/13 of what has to be done. G. Blessing asked if they have the opportunity to opt out of the association in which Ms. Ernst said no. Ms. Semprebon commented the neighbors would not be able to get to their houses without use of the common road. She said she is concerned that 3 sides of this lot is surrounded by water and concerned about Bissonnette Pond and the Fenton River.
Discussion was held on clear cutting within the regulated area and what is allowed and what requires a permit. Ms. Ernst commented the association meets at least twice a year and there would be a lot of pressure if someone started clear cutting along the pond.
D. Schreiber motioned to close the public hearing. F. Dirrigl seconded. All in favor. Motion carried.
W2008-11 Application for activity related to multi-family development (Winterberry Hill) east side of River Road 1000 ft north of Baxter Road (Map 10 Lot 21) Owner/Applicant: Willington River Corp (Received June 9, 2008 ~Public Hearing on July 28, 2008 decision within 35 days after close of Public Hearing)
Attorney Leonard Jacobs was present for the applicant. He said they are not formally ready to comment on the reports of AKRF, formally know as Pinecrest. He commented on a previous meeting in which Chairman K. Metzler asked the applicant if he had any problem with him sitting on the application. Mr. Jacobs said it is not up to the applicant, it is up to the commission. K. Metzler said that he is hearing from the applicant that there are concerns and he recused himself.
Mr. Jacobs said in the first application, there were 4 or 5 reasons for denial. When they filed the second application, they addressed the concerns and then the application was denied. He said the commission did not specifically tell them what was not provided. He said they thought they had addressed all the concerns in Mr. Polulech’s report and the Pinecrest report.
The amended minutes of 2/11/08 were submitted as part of the 7/28/08 public hearing and Mr. Jacobs read various comments of the commission from the minutes. He said T. Gutowski was the only one that commented on the Pinecrest Report. He asked the commission if they expected them to go over and address the whole Pinecrest Report.
Mr. Jacobs asked the commission if they voted as a group to hire the hydrologist. He wanted to know why they hired this hydrologist. He said none of his experts had ever heard of him and it was almost like he came out of the woodwork. He asked if anyone on the commission had a personal relationship with this hydrologist. S. Yorgensen commented, at a previous meeting in another town, Joe Polulech submitted an article about this hydrologist so she contacted him.
D. Schreiber commented the points they were referencing in the meeting of 2/11/08 were part of the Pinecrest Report although they did not reference the report.
Eric Peterson, a profession engineer with Gardner & Peterson Associates, was present for the applicant. He said the parcel is 60 acres on the east side of Rte 32 and showed the wetlands, in green, and the wetland regulated area, in orange, on the map. He said it contains a 125 foot wide easement. They are proposing 60 condominium units, will construct the necessary water supply system, the septic system which was approved by DEP and 3 drainage systems. Mr. Peterson explained the drainage systems and said they have been designed to contain peak flow and they will not be increasing peak flow. He said the level spreaders, combined, will be 550 feet in length and the water will gradually spill out. He said they provided 2 alternatives to the level spreader design. He said the JEP Report of 7/7/08
recommended they stay with the design presented and the not the alternative. He said they will provide storm water infiltration structures for the rainwater that comes from the roof tops. The detail sheets provided the maintenance plan for the drainage systems. He commented the soil, erosion and sediment controls far exceed the Connecticut 2002 guidelines. Mr. Peterson explained the detention basins and said further on they will have erosion control blankets and all controls will be in place until the site is seeded and controlled.
John Ianni of Highland Soils was present for the applicant. He said he reviewed the wetland map compiled by Gardner & Peterson and found it to be correct. He said his presentation would focus on the western wetlands and pointed out various spots on the map. He said the wetlands originate as hillside seeps. He said the area is seasonally saturated and tends to be wet most of the year. He said the whole zone is not one continuous seep and is made up of clearly defined seeps; well defined seepage zones. He said there are two isolated wetlands with active seepage zones, conveyance portions and at the bottom, a recharge zone. He said there is nice permeable till. It does get a lot of recharge, saturated flow and seeps out. He explained the intermittent watercourse and the flow. He
said between Nov. and mid May, it is seasonally saturated wetlands, starts to dry out in June through August and the grounds begin to wet up again Oct. and Nov. He said the seepage areas stay wet all year long; the conveyance area dries out in the summer. Mr. Ianni explained the soil types and commented that it is well drained soil.
Rob Sonnichsen, of Waldo & Associates, was present for the applicant. He commented about the concern, in the first application, of the impact on the wetland systems at the base of the western slope. He said they tried to replicate the hydrology and the decision by the design team was to take the run off from the roof tops and infiltrate it back into the ground which would be replicating the hydrology. There was a concern that the level spreaders were going to isolate and provide more water to one area of the wetlands. To address this in the second application, we extended the level spreaders the distance of the wetlands. He said the ground water coming down is uniformly distributed and the level spreaders will do this as well. He explained the percentages of infiltration and how this applies to areas of more
impervious surfaces. He said he came up with his calculations following DEP’s guidelines and they actually did a little better. He said results of the analysis demonstrate there will be a reduction in peak volume and overall run off of the site. He commented that they did what they wanted to do and the numbers are here.
G. Blessing commented regarding Attorney Jacobs question about the Pinecrest Report. He said they should be able to look at the report and all aspects of the Pinecrest Report. F. Dirrigl said they should be able to read over the reviews of the consultants hired and determine the questions they need to ask.
A discussion was held on having the consultants present at the next meeting or having an expert to expert meeting. E. Knapp commented that the experts can talk outside of the hearing. A discussion was held on having a working session between Gary Robbins, Joe Polulech, and Martin Brogie. G. Blessing asked S. Yorgensen if she could facilitate this meeting and she said she could.
Mr. Jacobs said they would consent to an extension until September 8, 2008 and would submit that in writing.
G. Blessing motioned to continue the Public Hearing until 9/8/2008. F. Dirrigl seconded the motion. All in favor. Motion carried.
R. Peloquin excused himself from the meeting at 10:28.
Regular Meeting
W2008-6, W2008-7 and W2008-11 were table for the evening.
Discussion
F. Dirrigl commented in regards to application W2008-6, he would recommend to P&Z a variance to have a gravel road.
D. Schreiber commented, if we have a common drive for lots 7 and 8 with both houses in back, they would have less going on in the regulated area. A discussion was held on the possible alternatives, a common driveway and the proposed septic’s possible impact to the wetlands and waterbodies surrounding the lot.
A discussion was held on the possibility of vegetation removal and the association. The applicant has not submitted any mitigation for consideration.
Meeting adjourned at 10:50.
Respectfully Submitted,
Michele Manas
Recording Clerk
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