Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
October 27, 2008 – 7:30 ~~PM
Meeting Minutes
Members Present:
Dave Schreiber
Greg Blessing
Frank Dirrigl
Roger Peloquin
Leon Kouyoumjian
Tess Gutowski
Members Absent:
Ken Metzler
Also present:
Susan Yorgensen, Wetlands Agent
Eric Knapp, Willington Land Use Attorney
D. Schreiber called the meeting to order at 7:33 PM.
T. Gutowski was seated for K. Metzler.
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)
A discussion was held on information sent to the commission members. S. Yorgensen said Joe Polulech did not send comments as he did not receive the package sent to him. He did receive the information via e-mail and fax and subsequently called with comments. He would like the 2 foot sumps on page 15 changed to 4 foot sumps.
Eric Peterson, of Gardner, Peterson & Associates, commented on a memo from Gary Robbins dated 10/16/08 which included 4 recommendations. Mr. Robbins asked them to photographically document the seeps prior to construction in which they have no objection in doing. Mr. Robbins asked Gardner & Peterson to revise the total nitrogen calculations and Mr. Peterson said they showed a few areas with the new calculations which has been submitted with the Best Management plan. Mr. Robbins also asked for minor grammar changes and a few minor changes to the plan. Mr. Peterson said they do not have an issue with making the changes.
Mr. Peterson said he had talked to Mr. Polulech and commented, if the commission approves, he feels the requests from J. Polulech are an appropriate condition of the approval.
A discussion was held on the monitoring program.
G. Blessing asked for the revised Best Management Plan in which S. Yorgensen provided. G. Blessing asked what DEP’s long term requirements are. Mr. Peterson said they had submitted what DEP requires and listed the requirements.
A discussion was held on the sediment that will be removed from the hydrodynamic separators and the sumps.
G. Blessing asked if the plan was going to delineate the areas that will need the fertilizer. Mr. Peterson said that it would and pointed out the areas on the plan.
D. Schreiber asked for any additional information to be presented or any public comment. Nothing additional was submitted.
T. Gutowski motioned to close the public hearing. G. Blessing seconded the motion. All in favor. Motion carried.
Regular Meeting
The regular meeting was called to order at 7:50.
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~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. He said he made minor changes to the plans and presented the plans on the pump system.
A discussion was held on whether or not this is a legal lot and how this may effect Inland Wetland approval. D. Schreiber asked if the lot had enough buildable area. Mr. Woodis said no and the issues have to be addressed.
G. Blessing asked about the grading. He was concerned that the water may be directed toward the abutting driveway. Mr. Woodis said the abutting driveway is actually higher. A discussion was held on the direction of the water drainage. Mr. Woodis said the contours on the plan do not show very clearly. He said they would have to change that.
A brief discussion was held on what might happen to the sump pump if the power were to go out.
G. Blessing motioned to approve the application on the following conditions.
- The plans will show the grading on the east side of the driveway and have spot grains that show it drains to the north and not toward the driveway.
- If lot is not an existing “legal” lot the approval is null and void.
T. Gutowski seconded the motion. All in favor. Motion carried.
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.)
S. Yorgensen commented on a list of concerns G. Jones had noted.
Raymond Nelson, of Messier & Associates, gave an overview of the proposal which includes previous recommendations from the commission. Plans were submitted, dated 10/14/2008, and presented to the commission.
G. Blessing asked if the corner of the house was 15 feet off the gravel road. Mr. Nelson said that it was. A discussion was held on the CL&P easement.
T. Gutowski asked if they had a letter from the association and the applicant said he did not, as of yet. G. Blessing asked the role of the association. Mr. Nelson said they have the right to review the house plans. S. Yorgensen asked if the applicant was still planning to move the common drive and Mr. Nelson said no.
A discussion was held on how this was approved as a subdivision lot. S. Yorgensen said it happened back in the 70’s. A discussion was held on the size of the house and the parking areas. A discussion was held on the soils.
G. Blessing said he was concerned about the septic and the CL& P easement and asked if the applicant could get something back from CL&P. He said he would try.
D. Schreiber said they should see alternatives. Mr. Nelson said the first plan was an alternative. D. Schreiber said it was not a feasible alternative. A discussion was held on the lot and the type of house the owner wants to build. G. Blessing said they could limit the size of the septic and the size of the house even if the landowner does not feel it is feasible and prudent. A discussion was held on the potential impact a 5 bedroom house vs. a 3 bedroom house would have on the wetlands.
Mr. Nelson agreed, in writing, to an extension until November 24, 2008.
W2008-11 Application for activity related to multi-family development (60 units) (Winterberry Hill) east side of River Road 1000 ft north of Baxter Road (Map 10 Lot 21) Owner/Applicant: Willington River Corp (Received 6/9.08 ~Public Hearing on 7/28/08 continued to 9/8/08 ( 8 day extension granted), continued to 9/22/08 ~(further extension granted – 14 days, total of 22 day extension), continued until 10/27/08 (further extension granted 35 days, total of 57 day extension, Decision within 35 days after close of Public Hearing)
A discussion was held on the pros and cons of wetland and vegetation monitoring plans. S. Yorgensen said if there appears to be any adverse effect, they can do pre-treating. F. Dirrigl said if there is adverse impact, they have to come back with a plan to address the impact. A discussion was held.
L. Kouyoumjian asked if it was in their interest to require a bond. S. Yorgensen said yes but you have to be specific. A discussion was held on the bond.
S. Yorgensen said that any technical revisions the experts have asked for should be on the plans.
G. Blessing said they are concerned about the seeps and the seeps changing the nature of the wetlands. He questioned how the ground water will impact the site. S. Yorgensen said Mr. Ianni addressed this and there will be more vegetation at the bottom.
A discussion was held on the reasons for monitoring both the ground water and the surface water. F. Dirrigl said if they are monitoring the ground water, they are going to be looking at contaminants. A discussion was held on whether or not they need ground water monitoring. A discussion was held on the calculations presented. F. Dirrigl said he believes their biggest concern originally was if they have enough water to maintain the wetlands. A discussion was held.
G. Blessing commented that he felt the site needed to be well bonded. A discussion was held on whether or not they would require a Clerk of the Works and if Planning & Zoning would require it. A discussion was held on ensuring the site was stabilized.
Discussion tabled until November 24, 2008.
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.
A discussion was held on the status of this application and the current condition of the site. The commission asked S. Yorgensen to schedule information on the updated maintenance plan for November 24, 2008.
Correspondence
- Emergency Incident Report for a diesel fuel spill at Fed Ex, 350 Ruby Rd.
- The Habitat Newsletter
- 2008 Municipal Inland Wetland Commissioners Training
A discussion was held on the Fed Ex Spill. The commission commented on the increase in spills since they re-did the fueling islands. T. Gutowski asked S. Yorgensen if they should ask Fed Ex for their Best Management Practices in which she replied yes.
Discussion
T. Gutowski said she took a look at the regulations and commented on a couple areas she felt they needed to take a look at in regards to Aquifer Protection. She also commented on a letter from DEP regarding zoning maps and the regulations. A discussion was held on having the zoning map changed, the fees associated with this and reworking it again when Tolland adopts their regulations.
T. Gutowski said she thought they should move ahead and start drafting the regulations. A discussion was held. T. Gutowski asked to meet with S. Yorgensen regarding the fees. She also commented on model regulations DEP did for 2004 and said, every year thereafter, DEP has submitted advisories in which she has read, looked at the differences and posted the changes into the existing regulations. The commission thanked T. Gutowski for her efforts.
A discussion was held on having track changes. F. Dirrigl will submit his recommendations. A discussion was held on flat fees, fees for re-imbursement and whether or not they are recovering costs.
R. Peloquin said he thinks they should not try to do all the regulation changes at once, but one at a time. S. Yorgensen said she believed the IWWC regulations should be first priority, then aquifer and logging. R. Peloquin said that is what he believed.
S. Yorgensen asked the commission to go before the Board of Finance for funds as their allotted money was spent on Winterberry. She said soon they will not be able to have an engineer review anything between now and June 30, 2009 unless they go before the Board of Finance. A discussion was held on whether or not they can recoup legal fees.
S. Yorgensen said the state passed a law specifying no-one can regulate forestry except specific towns and Willington is one of those towns. Willington was grand fathered in. She said, in regards to this, you have to regulate all logging operations. A discussion was held on how to proceed with the forestry regulations and setting up a sub-committee. F. Dirrigl volunteered to lead the forestry sub-committee.
Meeting was adjourned at 9:44.
Respectfully Submitted,
Michele Manas
Recording Clerk
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