Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT ~06279
March 12, 2012
Meeting Minutes
Members Present:
Dave Schreiber – Co-Chairman
Ken Metzler – Co-Chairman
Tess Gutowski
Evan Brand
Mark Drobney
Greg Blessing – Alternate
Heather Dionne - Alternate
Members Absent:
Also Present:
Susan Yorgensen
Attorney Mark Branse
Public Hearing
W2011-51 Application for construction of travel stop, including store, food service, fueling station and associated construction west of Polster Road & north of Lohse Road at the intersection of these roads (Map 46 Lots 16 &17 Zone) Owner: Frank W & Joseph Malack Applicant: Love’s Travel Stops & Country Stores (Received November 14, 2011 Public Hearing January 9, 2012 Decision within 35 days after close of P.H.)
D. Schreiber called the Public Hearing to order at 7:30. Attorney Mark Branse asked G. Blessing if he listened to the tapes and reviewed the material provided. G. Blessing said that he had and was up to date to participate in tonight’s Public Hearing.
D. Schreiber addressed the public and informed them that they are only dealing with issues that pertain to Inland Wetlands and Watercourses.
Atty. Leonard Jacobs introduced his team and said they have reviewed every question and their goal was to answer each and every question; they want to meet every distance requirement. Atty. Jacobs said that they have met with Jacobson & Associate’s and have met all requirements of the regulations including Vernal Pool #2 in which they are now 65 feet away. Atty. Jacobs said they received a letter from Jacobson & Associates and believe they have answered each and every comment required and will answer every comment made by the end of the presentation.
Jim Parry gave an overview of the night’s presentation. Tom Galeota explained the details and workings of the containment boom in detention basin #1. He said it exceeds the capacity of one of Love’s petroleum delivery trucks. This is detailed on chart CD511 (plan revision date of 1/30/2012). Mr. Galeota explained the changes made to Wetland D. The detention basin was reconfigured and the discharge point was moved away from Wetland D. Mr. Galeota addressed snow removal and showed the area where it will be stock piled on the plan; they will get it far away from the wetlands and it will not be deposited on the retaining walls. He showed the area in which it will be stockpiled and explained that it could hold approximately 18 inches of snow fall. G. Blessing questioned the site
distance issues. Mr. Parry said it would not be an issue; the pile begins at the stop bar and taper up. S. Yorgensen asked how far the clear area would be and Mr. Galeota said 15 to 20 feet.
Mr. Galeota explained the grading; he does not anticipate bringing material in or trucking it out. He referenced chart G1-002 on the plans and explained that if material was brought in, it would be clean natural earth material referenced on the chart. Mr. Galeota presented the details that were added on the post construction monitoring and maintenance; CG102 and CD508 were submitted for the record. A swale along the northerly edge of detention basin #2 was added to re-direct the water and mimic the condition that is there now (to allow water to percolate down into the soil). Mr. Galeota presented the details of the permeable liner. G. Blessing asked how they would stop burrowing animals. A discussion was held and Mr.Galeota said they have not had issues with burrowing animals in landfills.
K. Metzler asked if, during the functional state, the forebay would be dry and Mr. Galeota said it would be. T. Gutowski asked how they would clean out the berm in Wetland D. Mr. Galeota said they would bring a truck down the maintenance drive to clean it out. A discussion was held on the containment boom capacity; Mr. Galeota said it would be the capacity of a truck load.
A discussion was held on the boom. Mr. Galeota explained that the boom is the 3rd in a series of treatments to collect spills and in their professional opinion, 3 levels of entrapment is reasonable for this situation. G. Blessing questioned the boom keeping up in a catastrophic spill and a discussion was held on the workings of the boom and the amount of petroleum it could hold.
Mr. Sheffield addressed the commission. He said the decision to have or not have a generator has not been made; it’s on a site to site basis. Mr. Sheffield said the water and sewer utilization in a facility this size generally runs between 4000 and 5000 gallons a day and gave the detailed workings. Mr. Sheffield addressed the questions of the spill logs; he contacted Brent Bergemen and read the letters to and from Mr. Bergemen. Mr. Bergemen said he would not have logs regarding these spills as they were not heavy spills; they would classify them as heavy drips. Mr. Sheffield said he did call him to clarify the situation on his end and they do log the spills but do not keep the logs once a spill is cleaned up. K. Metzler said he previously worked with HAZMAT in Florida and they did say, in regards to
spills, Love’s had very few incidents.
Josh Wilson addressed the Commission and based on his findings, did not believe there would be irreversible or irretrievable effects on the site. He believes the drainage system is designed as to not cause any adverse impacts on the site and the storm water control measures are in line. Mr. Wilson does not believe there will be any direct impacts to functions and values. The Commission had a question on Wetland J and if it was an intermittent watercourse: Mr. Wilson explained the criteria and said it did not have a defined bank and channel and there was no erosion in the area. Mr. Wilson said he believes Wetland J is a seasonal run-off rather than an intermittent watercourse. He felt there were no impacts to the function and values of the wetlands themselves. A discussion was held on the source of
water in Wetland J and the borings done in the area. K. Metzler asked if they found groundwater in that area, would they change the construction. A discussion was held on the liner proposed. Mr. Parry said they don’t believe they need that liner and the activity taking place there is highly permeable Mr. Galeota said they went down 103 inches on boring B-12 and did not find groundwater. G. Blessing questioned the boring data used and if they determined the groundwater slope. A discussion was held on the borings. K. Metzler said the success of the project revolves around detention and containment and he did not feel there was enough information to firmly make a decision; he questioned the ground water in Wetland J. K. Metzler said the team has done a very good job addressing the concerns of the Commission but this is a remaining item he is concerned about. Further discussion was held on this matter of Wetland J and Wetland H. A
discussion was held on the design of the forebay. Mr. Parry said they have designed the detention basin for a worst case scenario. A discussion was held on the time frame of the Public Hearing. A discussion was held on extending the Public Hearing and holding a special meeting.
T. Gutowski questioned the response to the Conservation Commission’s testimony on 1/9/2012 and asked if the applicant covered all their questions; she was curious about Question # 6 on the Conservation Commission’s document. The Commission was concerned about having a detention basin between two vernal pools. Mr. Wilson gave the details of the two decoys proposed for the vernal pools.
Atty. Branse questioned #2a, the vortecnic unit. Mr. Parry clarified that the term vortecnic unit is a term used for a system that can handle this site; it is a system that absolutely meets the intent of the design.
G. Blessing questioned the trucks backing in on the site. He said the edges in the last 40 feet are pitching toward the parking lot and not the drainage system. A discussion was held and Mr. Galeota said any water that falls in this area would be from the rear of the truck and was considered to be “clean water” because it is from the rear portion and away from the engine and fueling area. Mr. Galeota showed the swales on the plans. Mr. Parry said in previous plans it was the opposite way but they then changed it for groundwater recharge.
Kathy Demers of the Conservation Commission addressed the Commission in regards to the letter previously submitted and their concerns about Wetland F & G; they did not feel the applicant adequately addressed this area and they would like this area re-assessed. Ms. Demers also expressed their concerns about the detention basins; could the barrier exclusions potentially trap amphibians within the basins.
D. Schreiber opened the floor up to the public.
Scott Wing of Lohse Rd expressed his concerns about the trucks backing into the parking area.
Karen Bradley of Schofield Rd submitted photos in regards to the trucks backing in. She also expressed her concerns about the bridges in the area; the bridge over Roaring Brook has been hit twice in the last 4 or 5 months. Ms. Bradley asked for clarification on the fuel pumping stations and Mr. Sheffield said there are 6 pumps with 1 pump on each side; a total of 12 fueling stations. He said, in regards to impervious surfaces, TA is much larger.
Ralph Tulis said his property abuts this site and he is concerned about the gasoline storage and what would happen if a tank were to rupture as there is poor soil in the area; where would it go.
Mr. Sheffield said it is a split system and the tanks are double walled and double lined; the chances of a tank rupturing is basically 0.
Mr. Tulis asked if they added more retaining walls and Mr.Galeota said they did when they shifted detention basin #1. Mr. Tulis questioned the snow piling and the effects to retaining wall as well as the area deemed for storage; what would happen if they do not use this area. Mr. Perry said, if they do not use this area, they will not have room for 18 inches of snow and would have to move it off the site.
A discussion was held on the infiltration swale and the materials to be used. Mr. Tulis expressed his concerns on the maintenance schedule during construction and what would happen if there was a change of ownership.
Mr. Tulis asked about the infiltration swale and if their intention was to put a separating layer in. Mr. Galeota said they want to be environmentally sound; it will be topsoil/rip rap (6 to 8 inches of stone). Mr. Tulis asked about liner flotation issues and Mr. Galeota said it will be done with soil; they have not designed it yet but know it works because they have done it with other projects.
Mr. Tulis stated, on CP101, the applicant shows a structure that does not exist. He also expressed his concern about asphalt pavement and believes they need concrete.
Dave Kuchinsky of Lohse Rd submitted a document for the record with his concerns and expressed his concern on the maintenance plan and monitoring of the construction site. He said he is also concerned about future site activity and expansion.
Leroy Ziegler of Fenton Rod expressed his concern about Wetland J and the source of water in this location. A discussion was held on this wetland and the water supply.
Mark Wojcik of Lohse Rd said he is concerned about the exposure around the site in regards to the trucks.
Nancy Gauthier of Fermier Rd said she is concerned about environment effects of the diesel exhaust as it could affect the water bodies.
A discussion was held on extending the Public Hearing. The application submitted an agreement in writing. K. Metzler motioned to extend the Public Hearing due to the issues that were brought to the applicant’s attention since the last hearing.
K. Metzler motioned to extend the Public Hearing and set a Special Meeting for April 3, 2012 at 7:00 in the Common Room with a site walk to be held prior at 6:00. G. Blessing seconded the motion. All in favor. Motion carried.
Regular Meeting
D. Schreiber called the Regular Meeting to order at 9:49.
New Business
W2012-5 Application re subdivision (one new lot) to construct dwelling, well, & septic on 4.8 acre lot 224 River Road (Map 19 Lot 22 Zone R80) Owner/Applicant: Kenneth Golden (Received February 13, 2012 Public Hearing by April 9, 2012 decision within 35 days after close of P.H.)
Application was received February 13, 2012. Richard Mihok was present for the applicant. They are proposing to make 2 parcels out of the 15 acre parcel; 1 would be 10 acres and the other would be 5. Mr. Mihok said the wetlands have been flagged and they have done soil testing. It meets the buildable square footage and a touch of the dwelling is in the regulated area. A discussion was held on the shared driveway. G. Blessing asked if the applicant had septic approval and Mr. Mihok said they did soil testing but do not have formal approval yet.
K. Metzler motioned to approve the application the condition of the driveway to remain shared. No second; motion withdrawn.
The Commission discussed setting a site walk. The applicant will mark the site. The Commission will walk the site on their own as their schedule allows.
W2012-7 Application for 2 lot subdivision at Jared Sparks Road (Maps 32 & 37 Lot 1A & 12 Zone R80) Owner /Applicant: Rebecca Kimbrough & Liesa Fawell-Sienkowski (Received February 13, 2012 Public Hearing by April 9, 2012 Decision within 35 days after close of P.H.)
Gary Lawrence was present for the applicant. He said they would like to correct a mistake that was made in 1989; a portion was cut off and created an illegal subdivision. They would like to legalize the subdivision. The Commission looked at the application. K. Metzler said nothing has changed but the lot lines which were changed to allow adequate buildable area.
K. Metzler motioned to approve W2012-7 Application for 2 lot subdivision at Jared Sparks Road (Maps 32 & 37 Lot 1A & 12 Zone R80) Owner /Applicant: Rebecca Kimbrough & Liesa Fawell-Sienkowski. T. Gutowski seconded the motion. All in favor.
W2012-10 Application for Tim ber Harvest at 200 Village Hill Road (Map 47 Lot 25 Zone R80) Owner: John Kulo Applicant: Brian Riendeau (Received March 12, 2012 Public Hearing by May 7, 2012 Decision within 35 days after close of P.H.)
Application received and tabled until the next meeting.
W2012-11 Application for Timber Harvest at 329 Moose Meadow Rd (Map 41 Lot 3A Zone R80) Owner: Wallace Brenger Applicant: Brian Riendeau (Received March 12, 2012 Public Hearing by May 7, 2012 Decision within 35 days after close of P.H.
Application received and tabled until the next meeting.
W2012-16 Application for no jurisdiction of construct single family dwelling, drive, well, septic and grading at 112 Willington Hill Rd (Map 18 Lot 62 Zone R80) Owner/Applicant: Melanie Ellis (Received March 12, 2012 Public Hearing by May 7, 2012 Decision within 35 days after close of P.H.)
Matthew Ellis was present and said the land has been in their family for 100 years. They would like to cut off a piece of the lot to keep for their son but intend on selling their existing home. He said they are not proposing any disturbance in the regulated area and are asking for No Jurisdiction.
T. Gutowski motioned to accept W2012-16 Application for no jurisdiction of construct single family dwelling, drive, well, septic and grading at 112 Willington Hill Rd (Map 18 Lot 62 Zone R80) Owner/Applicant: Melanie Ellis. E. Brand seconded the motion. All in favor.
Old Business
W2011-57 Application to construct new driveway w/culvert installation in upland review area and construction of single family dwelling on south side of Tolland Turnpike (Map 22 Lot 37 Zone R80) Owner/Application: Christopher Chaplin (Received January 9, 2012 decision by March 12, 2012.)
Wes Wentworth, a Professional Soil Scientist presented plans. He said there is upland activity only and no activity in the wetlands. He said the driveway is gravel. T. Gutowski questioned the turn around and told the applicant they would have to check with the fire department.
K. Metzler asked if they have stabilized the swale on the west side of the drive and Mr. Wentworth said there is a small amount of flow; it is only top soil at this point. K. Metzler said it looks like compact till. Mr. Wentworth said they will stabilize it during construction.
Mr. Wentworth described the wetland area as wooded with sandy loam till type soil. K. Metzler asked if they were planning on upgrading an existing car path and Mr. Wentworth said yes. A discussion was held on driveway material. The applicant said they are going to follow the town’s driveway specifications. A discussion was held on the driveway crowning. T. Gutowski said the Commissions engineer went on site and his review was adequate.
T. Gutowski motioned to approve W2011-57 Application to construct new driveway w/culvert installation in upland review area and construction of single family dwelling on south side of Tolland Turnpike (Map 22 Lot 37 Zone R80) Owner/Application: Christopher Chaplin with the following condition: driveway pull-off to added to the plans outside of the regulated area and as determined by the Fire Department. As-built to include driveway elevations. E. Brand seconded the motion. All in favor.
W2011-51 Application for construction of travel stop, including store, food service, fueling station and associated construction west of Polster Road & north of Lohse Road at the intersection of these roads (Map 46 Lots 16 &17 Zone) Owner: Frank W & Joseph Malack Applicant: Love’s Travel Stops & Country Stores (Received November 14, 2011 Public Hearing January 9, 2012 continued February 13, 2012 continued March 12, 2012 Decision within 35 days after close of P.H.)
The application was tabled.
W2011-54 Application for agricultural exemption clearing land for horses, farming & agriculture use (Map Lot Zone R80) Owner/Applicant: Matt & Amy Michanczyk (Received January 9, 2012 Decision by February 13, 2012)
The correspondence was read by the Commission. The applicant has been in contact with S & P, the company that did the clearing, but they have been slow in removing the stumps out of the wetlands. They have now been in contact with a new contractor for estimates and hope to resolve it within the 60 day time period.
W2012-4 Notice of violation: Matthew & Amy Michanczyk conducting activities at 23 Lindsey Lane in violation of the Inland Wetlands & Watercourses Act (section 22a-36 through 22a-45 of the Connecticut General Statutes) and the Inland Wetlands and Watercourses Regulations of the Town of Willington.
The Commission said the Notice of Violation remains in place.
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.
This application was tabled.
Pre-Application
Earl Bancroft of 1 Potter School Road would like to discuss wetland with regards to constructing of an agricultural building.
Mr. Bancroft said they would like to put a riding stable on the property that is 80 x 100 and is proposing a regulation change in regards to agricultural use. A discussion was held on stockpiling of the manure and the arena. A discussion was held on the wetlands.
A discussion was held on agricultural exemptions.
Correspondence
- Pinelands Catalog
- The Habitat
- The Society of Soil Scientist’s Registry
- Emergency Incident Report for a car in the water on Willington Hill Road due to an accident.
- Letter to Mr. and Mrs. Michanczyk from the Commission requesting and update.
Staff Report and Discussion
A discussion was held on the Notice of Violation issued to Mr. and Mrs. Michanczyk; they have 60 days to resolve (May 1, 2012).
Meeting Adjourned at 11:00.
Respectfully Submitted,
Michele Manas
Recording Clerk
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