Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
September 22, 2008 – 7:30 ~~PM
Meeting Minutes
Members Present:
Ken Metzler arrived at 9:05
Dave Schreiber
Greg Blessing
Leon Kouyoumjian
Tess Gutowski
Members Absent:
Frank Dirrigl - excused
Roger Peloquin - excused
Also present:
Susan Yorgensen, Wetlands Agent
D. Schreiber called the meeting to order at 7:30 PM.
T. Gutowski was seated for F. Dirrigl.
Public Hearing
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 Public Hearing continue to September 8, 2008(8 day extension granted) (further extension to September 22, 2008 granted – 14 days, total of 22 day extension granted, decision within 35 days after close of Public Hearing)
Attorney Leonard Jacobs was present for the applicant. He commented that the experts, Joe Polulech and Gary Robbins, have met and new reports have been submitted.
Eric Peterson, of Gardner, Peterson & Associates, said they did the site mapping for this project. He said they had met with the consultants and went over the major points of the letters submitted. On the recommendation of Joe Polulech, they hired a Geotechnical Engineer, Dr. Clarence Welti, to analyze the ground water from the septic. The commission had copies of this report in which Mr. Peterson reviewed. He said Mr. Polulech deemed this a satisfactory report from Dr. Welti.
A discussion was held on the slopes. Mr. Peterson said Dr. Welti’s recommendations were incorporated in the plan.
Mr. Peterson said they also provided nitrogen concentration calculations to show, with a proper maintenance schedule, they will not be above unhealthy levels. He said their calculations meet acceptable drinking water standards. T. Gutowski asked about the higher concentration levels of nitrogen in the area draining toward the westerly wetlands. Mr. Peterson said more vegetation would be cut down in this area and, possibly, more fertilizer used. He said they wanted to show the maximum amounts that would still be within the limits.
Mr. Peterson went over the Best Management Plan that was submitted to the commission. He said Gary Robbins also recommended they give a leaflet to the residents asking them not to flush any pharmaceuticals down the toilets. T. Gutowski asked how the Best Management Plan would be incorporated. Atty. Jacobs said the documents will be incorporated into the condo documents and rules. T. Gutowski asked how they will ensure the plan stays in place when sold. Atty. Jacobs said it would be included in the re-sale certificate.
A discussion was held on the ground water monitoring in the future. G. Blessing asked what are the state requirements for testing and Mr. Peterson said quarterly.
Rob Sonnichsen, of Waldo & Associates, was present and listed the bacteria’s they are monitoring. He said Mr. Robbins was concerned about two additional metals and asked that they monitor them, as well. A discussion was held regarding the ground metals.
Mr. Peterson commented that all modifications were shown on the plans and addressed in the 3 letters he submitted.
Rob Sonnichsen submitted a letter dated 9/22/2008 which memorializes the work they have done with Mr. Robbins. He explained the meetings that were held and the letters that were submitted. He said, in the last meeting of Sept. 9th, Waldo & Associates and Gary Robbins agreed on everything except for the waste water being discharged into the ground water. He said the water balance is in budget. He said it came down to the only difference in post water is the waste water being discharged into the ground water. Mr. Sonnichsen handed out an Existing Condition Water Budget Analysis and explained the analysis. He said their overall conclusion is they don’t see any negative impacts from the additional ground water flow.
G. Blessing asked what 18,000 gallons of water equates to and Mr. Sonnichsen said 2,600 cubic feet per day.
A discussion was held on the impacts and the monitoring of the ground water system.
John Ianni, of Highland Soils, said he submitted a report dated August 2008 and a letter dated September 15, 2008 to Susan Yorgensen. He explained the wetland area and the areas within the wetland system. He explained the seasonal conditions of the wetlands. He said the question came back, if we have a balanced water budget but are adding 18,000 gallons per day, what’s going to be the impact? He said he addressed this question in his letter dated 9/15/2008. If they have increased flow, the area will remain wetter, may have some changes in vegetation and won’t dry out as much in the summer. The addition will probably make the bottom of the wetlands wetter and the intermittent watercourses run longer. He said the function of the wetland won’t change. He said they may have
a chance for more sediment but it won’t change the wetlands ability. He said, overall, he does not see any change in the functions and values of the wetlands.
S. Yorgensen asked Mr. Ianni, as a result of the volume of water increasing as well as the length of time, if he thought the area of wetland would increase and in what area. He said it would flow out Baxter Road as the high water levels are controlled by the culvert on Baxter Rd. He said you could only increase the size of the wetland by raising the culvert. T. Gutowski asked about the rains of October 2005 and Mr. Ianni said the same thing occurred, it flowed out Baxter Rd. A discussion was held on the water coming down Route 32 and Baxter Rd.
Atty. Jacobs said, in conclusion, we have given good expert testimony, and met with your experts and feel we have satisfied all the criteria.
T. Gutowski asked about the Warranteed Deed. A discussion was held on the deed and the area it covers. A discussion was held on the easement and the adjacent property owner. A discussion was held on the amount of water being discharged. Mr. Sonnichsen explained the run off and said there will be some increase in water delivered to the base of the hill. He said it has no impact on the property owner’s property. The wetland itself may have moisture longer. Atty. Jacobs said they have the right to drain over his property and it is not going to increase peak flow.
Atty. Knapp said that the question of the legality of putting the water on the owner’s property is not within the jurisdiction of this commission; as long as you are satisfied this is not being done against the will of the people there. D. Schreiber said, unless it impacts the quality in which Atty. Knapp replied correct.
Mr. Ed Ouellette, of 28 River Rd, was present and said they are referring to the water coming through his property. He said they have agreed in writing and have a legal letter from a lawyer.
T. Gutowski asked S. Yorgensen if she attended the meetings with the consultants and if everything had been satisfied. S. Yorgensen said everything has been addressed.
A discussion was held on closing the public hearing and what can and cannot be submitted if closed. A discussion was held on keeping the hearing open. Atty. Jacobs consented, in writing, to leave the public hearing open until October 27, 2008. The commission agreed.
K. Metzler arrived at 9:05.
Regular Meeting
D. Schreiber called the regular meeting to order at 9:15
W2008-15 Application for construction of a single family dwelling, septic system, well & driveway at Jared Sparks Road (Map 37 Lot 12 Zone R80) Owner/Applicant: ~Liesa M Fawell-Sienkowski (Received September 8, 2008 2008 ~Public Hearing or decision by October 27, 2008 decision within 35 days after close of Public Hearing.)
Bruce Woodis, of KWP Associates, was present for the applicant and presented plans. He said the wetlands have been flagged by Rick Zulick and they have done soil testing. A memo from Gary Jones regarding concerns and/ or issues was submitted and given to the applicant. The applicant said he would address the concerns/issues. G. Blessing asked about the placement of the house and septic. Mr. Woodis said it was due to the soils. He said the soil was better in the embankment and commented on an alternative for the septic.
A brief discussion was held on the clearing limits and putting a riprap trench in to address drainage. T. Gutowski agreed to conduct a site walk.
W2008-16 Application for construction of single family home, driveway, septic, well, footing drain outlet, beach area and detached garage at 265 Turnpike Road
(Map 40 Lot 14 Zone R80) Owner/Applicant: Maureen R Feinberg Revocable Trust, Thomas F Owens Trustee (Received September 8, 2008 Public Hearing or decision by October 27, 2008 decision within 35 days after close of Public Hearing.)
Raymond Nelson was present for the applicant. A memo from G. Jones was submitted and given to the applicant regarding concerns and/or issues. A discussion was held on moving the common driveway and the CL&P easement. S. Yorgensen suggested the applicant call G. Jones to discuss the memo. The applicant said he would address the issues raised.
W2008-19 Application for the reconstruction of the existing road edge, placement of new curbing, removal of existing stone headwall, installation of new catch basin at intersection of Route 320 & Pinney Hill Road (Map 13) Owner/Applicant: Town of Willington (Received September 8, 2008 Public Hearing by October 27, 2008 decision within 35 days after close of Public Hearing.)
T. Gutowski recused herself.
Karl Acimovic was present. He said funds are not available but they have a temporary solution. G. Blessing asked what the application was for. Mr. Acimovic said there is erosion, a pipe is insufficient, and run off is bringing sand into the wetland.
A discussion was held on the culvert crossing.
Mr. Acimovic explained the fix; small swale, curbing, level spreader. K. Metzler asked if they would need an easement and Mr. Acimovic said probably. T. Gutowski expressed her concern on this being an active area for frogs.
G. Blessing made a motion to approve the application on the condition the town obtains an easement on the adjacent owner’s property. K. Metzler seconded the motion. All in favor. Motion carried.
Old Business
W2008-6 Application to construct a new home and related construction including driveway , crossing of wetlands at 14 Balazs Road – lot 8, (Assessors 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 by 8-18-08 -35 day extension granted for decision by 9-22-08)
G. Blessing and T. Gutowski said they had read the minutes and listened to the tapes on the meeting they had missed. L. Kouyoumjian said he had not listened to the tapes and excused himself from voting.
K. Metzler said he was concerned about future activity of creating a path across the brook to get to the pond. He said a driveway would have to be constructed across the Fenton River to get to the common drive. He also said F. Dirrigl was concerned about the vernal pool.
T. Gutowski said, for this piece of property, there are not too many choices of where to put the house. S. Yorgensen said an alternative could be a common driveway with W2008-7. A discussion was held on the alternatives.
K. Metzler made a motion to approve the application. The applicant has done the best job to provide minimal impacts to the wetlands in order to access the site. T. Gutowski seconded the motion.
A discussion was held on the vernal pool and whether or not the entire driveway would be paved.
The commission voted: 4 in favor. L. Kouyoumjian abstained. Motion carried.
W2008-7 Application for construction of single family dwelling, septic system, drilling well, driveway & site grading within upland review area.18 Balazs Road – lot 7 (Assessors 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 by 8-18-08 – 35 day extension granted for decision, decision by 9-22-08)
K. Metzler expressed his concern and felt they did not have enough information to know the wetland impacts. A discussion was held on the location of the house and the potential impacts on the wetlands. A discussion was held on the crossings. A discussion was held on whether or not mitigation was shown for the impact proposed.
K. Metzler made a motion to deny, without prejudice, file #W2008-7, application for construction of single family dwelling, septic system, drilling well, driveway & site grading within upland review area; 18 Balazs Road – lot 7 (Owner/Applicant: Craig Johnson) for the following reasons:
Alternatives to the proposal existing; such as accessing the property from Balazs Road and developing the house site closer to Balazs Road on the side of Fenton Brook, which was not explored.
The alternative submitted does not appear to be thought out or actually explored.
The application as submitted is incomplete; the wetlands on the east side of Balazs and west of the proposed house site on the lot were not identified nor shown on the plans.
The location of the existing easements in favor of the Homeowners Association is not shown on the plans.
No renovation analysis has been done. This proposed development area is surrounded on 3 sides by significant water bodies; on 1 side by Bissonette Pond and on 2 sides by Fenton Brook. The septic system is proposed in gravelly soils which would allow pollutants to reach the water bodies and wetland quicker than in other soils. There are steep slopes to the westward side of the proposed site, very close to the proposed site for the septic system.
There has been not mitigation shown for the impact proposed. With the erection of a residential home comes the erection of additions, sheds, pools, lawn expansion and the application of fertilizers, pesticides and herbicides. No restriction of lawn area or development areas has been proposed. T. Gutowski seconded the motion. The commission took a vote, 4 in favor of the motion. L. Kouyoumjian abstained.
Correspondence
1. CT DEP Emergency Incident Report, petroleum spill at Fed Ex.
2. 2008 Municipal Inland Wetland Commissioners Training Program Brochure
3. CACIWC Notice of 31st Annual Meeting on 11/2/2008
4. Information packet from EPA regarding Cadlerock Property.
5. Draft of Planning and Zoning Regulation changes.
Minutes
G. Blessing made a motion to approve the minutes of September 8, 2008. T. Gutowski seconded the motion. All in favor.
Meeting adjourned at 10:30.
Respectfully Submitted,
Michele Manas
Recording Clerk
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