Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
July 12, 2010
Meeting Minutes
Members Present:
Ken Metzler – Co-Chairman
Dave Schreiber – Co-Chairman
Tess Gutowski
Evan Brand
Mark Drobney
Members Absent:
Greg Blessing – Alternate - excused
Also present:
Susan Yorgensen – Planner/Zoning Agent
Public Hearing:
K. Metzler called the Public Hearing to order at 7:35. Due to great attendance, the commission moved the Public Hearing to the upstairs Common Room.
W2010-11 Application for construction of travel stop, including store, food service, fueling station and associated construction at 3 Polster Road (Owner: Frank & Joseph Malack etal Applicant: Loves Travel Stop and Country Store Inc. (Received April 12, 2010 Public Hearing May 10, 2010 continued to June 14, 2010 continued to July 12, 2010 extension granted. ~Decision within 35 days after close of P.H.)
Attorney Leonard Jacobs, Rich Pettinelli and Josh Wilson of Fuss and O’Neil, and Rick Sheffield of Loves Travel were all present.
Attorney Jacobs submitted an Accident/Incident Package and Spill Prevention Control and Countermeasure Plan for the record.
Mr. Pettinelli showed the proposed site on the plans and addressed engineering concerns questioned by the commission at the previous Public Hearing. He addressed the concerns regarding discharge and the water coming across Polster Road. Mr. Pettinelli submitted his responses for the record. He said the drainage was modified to address concerns of products getting into the river and explained how it will be captured which is shown on plan CG-101. Mr. Pettinelli submitted an Aerial View document for the record. K. Metzler asked about test holes and Mr. Pettinelli said they do not have them yet.
Mr. Wilson submitted his responses to the Conservation Commission and said he believes he has answered all the wetland related questions. A Stormwater Management Memorandum was also submitted by Fuss & O’Neil.
K. Metzler disclosed his qualifications. He is a retired Ecologist for the State of Connecticut and gave his full credentials. K. Metzler said he walked the site and was impressed by the ecological quality of the site and the ground water seeps. K. Metzler said he is the Senior Author of a book entitled Wetlands of Connecticut and another called Vegetation of Connecticut.
S. Yorgensen informed the public that the Commission’s resumes are part of the file.
Mr. Wilson said he agrees that it is an outstanding resource and he has worked with the applicant regarding designing a plan to avoid impacting the wetlands.
Atty. Jacobs said they designed the project to be protective and not harm the resource. He complemented the commission members on their expertise.
K. Metzler opened the floor to the public. He said the only issues they are addressing are the impact to the wetlands, directly and indirectly and said they will only accept comments solely in regards to the wetlands.
Ralph Tulis submitted a letter for the record and copies to the commission members. He said he owns abutting property that has been in his family for many years. He is a Professional Engineer licensed throughout New England and gave his credentials. Mr. Tulis expressed his concern of pollutants entering Roaring Brook and expressed his concern of a “worst case” fuel spill and commented on previous events of TA and what is currently going on in the Gulf of Mexico. He said he would like to see spill logs of facilities that have been around for a while.
Mr. Tulis asked if the pavement was bituminous concrete because bituminous pavement shrinks and cracks. He said permanent access to detention basin #2 is missing on the plans. Mr. Tulis said a key issue that concerns him is the elevation difference in wetland D & G which is explained in detail in his letter. He is concerned about the impervious surface and detention basin #2 is too close to the wetland’s discharge point into Roaring Brook.
Rich Alves of Lohse Road asked why they are just hearing of this application now. K. Metzler said Town Regulations and State Law require them to notify abutting properties only. He explained the characteristics of the wetlands and the charge of the commission. Mr. Alves asked if aesthetics would be part of this and K. Metzler said yes.
Doug Cormier of Turnpike Road asked what happens to the oil and antifreeze leakage from vehicle. K. Metzler said everything will be discharged into detention basins and explained the controls put in place. K. Metzler commented that they are representing the town citizens by reviewing the plan and using their expertise. Mr. Cormier asked the commission to be open to the public’s comments.
Mark Wojcik of Lohse Road asked where the fluids from idling vehicles will settle.
Grace Hirth of Fermier Road asked the acreage of TA. S. Yorgensen said she was unsure of the exact amount but TA site is larger than this one. Ms. Hirth said she does not think this is good for the critters or the homeowner and asked why we should have two travel centers in town.
Ted Pawelec expressed his concern about the waste and garbage and the effect it will have on the wetlands.
Kathy Demers of the Conservation Commission asked if the applicant had reviewed the water temperatures and vernal pools and expressed her concern about the septic and the water discharging into Roaring Brook.
Mr. Alves asked if the application would go to referendum. K. Metzler said no. He explained how the process works and commented that every individual has the opportunity to serve on a commission.
K. Metzler asked the applicant about the water temperature change, the vernal pools and about the water that will be discharged into Roaring Brook.
Mr. Pettinelli said the detention ponds are not wet ponds and will drain out in about 24 hours after a storm. He said the septic system increase in temperature will not be as hot as a residential septic; they will have lower degree water and it will not have a great impact by the time it makes it to the wetlands.
Mr. Wilson said they are discharging 50 feet from the wetland. He said they have not done specific studies regarding that on site and, off hand, he is not aware of any temperature studies.
Mr. Sheffield explained a product called UREA (DEF) and gave detail of the product. He said he does not know if they will have a bulk dispenser of DEF.
K. Metzler said he teaches a graduate course and if nitrogen is ignored, it will have a great impact on the world, more so than carbon.
Elaine Newcomb of Fermier Road asked the total hard surface and if anyone has evaluated de-icing and plowing. K. Metzler said roughly 9 acres and this item was discussed at the previous meeting. Mr. Pettinelli said they will moderately sand and the sand will be stored on the uphill side. He said they will not push snow over the edge and will not dump sand near the wetlands. The question was asked about what comes off the vehicles onto the site. Mr. Pettinelli said it will go into a catch basin with a deep sump and explained the function of the catch basin and the process before it gets to the detention basins. He said the catch basins will be cleaned and the oil/water separator is pumped out.
Grace Hirth commented on the nitrogen based product and said they used it to get rid of mice and it killed the trees. K. Metzler said it is burned in the fuel. Scott Wing of Lohse Rd. asked about the hearing process and K. Metzler explained the process and said, once the hearing is closed, the commission will deliberate. T. Gutowski said the minutes of the Inland Wetland Commission are on the website and all hearings are available in land use.
Mr. Tulis asked what happens to dissolved contaminants. K. Metzler said it does make it through but the checks and balances are far greater than anything you would find on the road in regards to contaminants. T. Gutowski said she would like to enter into the record the Water Quality Standards/Classifications and the Aquifer Maps.
Mr. Hipsky expressed his concern of the smell of the truck stops. Mr. Wojcik said the applicant is motivated by profit. Rob Symonds of Lohse Rd commented on the 9 acres of hard surface and asked the amount of fill to be brought in. He said he is concerned about containing the fuel spills.
Nancy Gauthier said the town should be able to vote. D. Schreiber said all the regulations that they follow are based on state law and they cannot do anything that is not described in these laws. He said, they have to base their decision on the regulations.
Mrs. Malack said the property is theirs and they have the right to do what they want with it. K. Metzler said a property owner can do what they want with their property as long as it is within the law. He said he has been chairman since the mid 80’s and has utilized his time and expertise to make a balanced decision between the property rights and the law.
Ms. Newton said this seems to be more of a zoning issue.
Atty. Jacobs said they have been at this for 3 months and have responded to all concerns. He said the public comes and has the opportunity to show they disapprove but it is the commission’s job to decide on evidence and if there is no evidence of harm to wetlands, then this is grounds for approval.
Members of the public submitted letters for the record.
D. Schreiber motioned to close the Public Hearing. T. Gutowski seconded the motion. Atty. Jacobs granted the extension for decision.
A discussion was held on the process if the Public Hearing is closed and if closed, they can only use the info and comments that has been presented to them. T. Gutowski said the applicant has addressed all questions and encouraged the commission to close the public hearing. All in favor. Public Hearing was closed.
Regular Meeting
The commission reconvened downstairs and K. Metzler called the Regular Meeting to order at 9:13.
New Business
W2010-21 Application to construct single family dwelling, septic, well, driveway and site grading within upland review area at 18 Balazs Road (Map 44 Lot 16 Zone R80) Owner/Applicant: Craig A Johnson (Received July 12, 2010 Public Hearing by September 13, 2010 Decision within 35 days after close of P.H.)
Ed Pelletier was present for the applicant. He said he was before the commission in 2008 and submitted a letter from Rick Zulick, a Soil Scientist. The commission briefly discussed the plans and the changes. Mr. Pelletier said the wetlands have been delineated; the pipes sized, and showed the proposed driveway.
The commission will conduct a site walk to be scheduled by staff.
W2010-22 Application to upgrade existing gravel driveway to 24 ft wide paved driveway to create access to 316 acres. Located at Ruby Rd between house #168 and #190 (Map 33 Lot 19) Owner/Applicant: Ruby Road Associates LLC c/o Stanley Sadlak (Received July 12, 2010 Public Hearing by September 13, 2010 Decision within 35 day after close of P.H.)
Ed Pelletier was present and submitted a letter from Rick Zulick. He said the road would be paved. K. Metzler asked if it would be gated and Mr. Pelletier said it could be. S.Yorgensen said this appeared to be a road to nowhere. A discussion was held on the location and past history of roads of this nature.
The commission will conduct a site walk to be scheduled by staff.
W2010-23 Application to continue use of material storage area, with improvements in storage demarcation as noted in plan at East side of Ruby Road 0.5 miles north of intersection with Hancock Road (Map 42 Lot 49) Owner/Applicant: Town of Willington (Received July 12, 2010 Public Hearing by September 13, 2010 decision within 35 days after close of P.H.)
Selectman Mailhos said the site is referred to as the old town pit. She said it was a gravel operation and a place where they could store excess materials. Earlier this year P & Z issued a Cease and Desist Order and it went back to being a residentially zoned lot. She said they no longer have a place to store sweepings and are anxious to get back in.
Karl Acimovic presented plans and showed the regulated area. He said they propose to continue the operation that is currently on site and showed the area of materials to be stored. T. Gutowski asked if the site was previously zoned for gravel. Mr. Acimovic said the only regulation activity will be the placement of materials. He said there is a report from John Ianni and they took the liberty to test the water and there is no deterioration in the stream water.
Selectman Mailhos said their goal is to use the space almost like a recycling area and re-use most of the materials. She said they would also like an area to put materials when an opportunity arises to get them at a cheaper price.
Mr. Acimovic said they have handled the site quite well over the years and have not deteriorated the water quality in the stream.
D. Schreiber motioned to remand this application to staff. T. Gutowski seconded the motion. K. Metzler said the application is for what has been done in the past and there is no re-grading of the area. T. Gutowski said the way it is laid out is conducive to the wetlands. All in favor. Motion carried.
Old Business
W2010-20 Application to dismantle existing house & deck and construct new house, deck, garage and repair retaining wall, repair septic system, construct new drive and related and misc grading at 96 Tinkerville Road (Map 40 Lot 40 Zone R80) Owner/Applicant Carolyn Johnston & Charles Wilson (Received June 14, 2010 Decision by 7-12-10)
Dave Smith was present for the applicant and presented plans. He gave the history of the application and provided pictures showing the existing house on the plans and the proposed removal of the house and restoration of the wall. Mr. Smith said the house will be on a slab, no basement. K. Metzler asked if they would have foot drains. Mr. Smith said no, the soil is very good and the retaining wall is tall.
A discussion was held on how high the water will come up and what has happened in past storms. A discussion was held on the dams.
Mr. Smith said they will take the existing house and replace with one of similar shape. He said they are proposing to replace the old garage that was removed with a new one. K. Metzler asked if there will be floor drains in the garage and Mr. Smith said no, the garage will pitch toward the driveway. A discussion was held on any septic repair that might be needed.
T. Gutowski asked if the house could be pushed back and Mr. Smith said there isn’t a lot of room to make that happened. A discussion was held on the deck.
K. Metzler asked about alternatives. Mr. Smith said they could live in and fix the house that is in place. T. Gutowski asked if he had confidence that the wall will maintain its integrity; rocks shift, water shifts things. A discussion was held. T. Gutowski asked about the dam classifications and Mr. Smith said he did not know.
D. Schreiber said it looks like the proposed house will be nicer, cleaner and less invasive. A discussion was held on the foundation.
D. Schreiber motioned to approve the application with the stipulation that if the stone wall begins to fall apart, the applicant comes back before the commission. E. Brand seconded the motion.
T. Gutowski said she has concerns about the water elevation during a significant storm and thinks there is an opportunity to move the house back. D. Schreiber asked the age of the house and Mr. Smith said over 100 years old. A discussion was held on the foundation and stone wall.
The commission voted. T. Gutowski opposed this application; all others in favor. Motion carried.
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.
Minutes
T. Gutowski motioned to approve the minutes with the following changes; on application W2010 – 9, D. Schreiber approved the plan and Ralph Tulis should read Ralph Tulis.
Staff Report and Discussion
A discussion was held on the monthly scheduling of the meetings. A discussion was held on having a special meeting to discuss application W2010-11. A meeting was tentative scheduled for August 30 at 7:00 with an alternative date of August 31 to be determined by staff.
Meeting adjourned at 10:22.
Respectfully Submitted,
Michele Manas
Recording Clerk
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