IWWC

Meeting Minutes
Meeting date: 
Monday, June 24, 2019

Inland Wetland and Watercourse Commission

40 Old Farms Road, Willington, CT  06279

June 24, 2019

 Meeting Minutes

 

Members Present:

Dave Schreiber – Chairman

Tess Gutowski – Co-Chairman

Patrick Lord

Mark Drobney

 

Members Absent:

 

Also Present:

Mike D’Amato – Zoning Agent

Emily Perko – Assistant Zoning and Wetland Agent

Attorney Ken Slater

 

D. Schreiber called the meeting to order at 7:31.

 

New Business

 

IW-19-8 Application to regrade the property in the upland area at 857 Boston Turnpike (Map 2 Lot 09 Zone R80) Owner/Applicant: John Hamelin and Lisa Hill (Received June 24, 209 Public Hearing or decision within 65 days).

 

E. Perko said the application is complete except for some topography maps; she will request them from the applicant.

 

New Business

 

IW-19-5 Application for new construction in the upland review area at 20 Kollar

Road (Map 24 Lot 21-1 Zone R80) Owner/Applicant: John Holden (Received April 29,    2019 Public Hearing or decision within 65 days)

 

M. D’Amato said there is a report from the Town Engineer with minor comments regarding lot lines and the retaining wall.  The Commission looked at the plans and T. Gutowski said they were revised in 2018 but not signed by the Professional Engineer or the Soil Scientist. M. D’Amato said the signed copies could have gone to the engineer. Atty. Slater said signed plans could be placed as a condition.

 

John Holden said the application was approved in 2008 but he let it lapse.  He went off the 2008 standard and then they were revised per the 2009 standard.

 

M. D’Amato and E.  Perko reviewed the application and suggested properly installed silt fence.

 

P. Lord motioned to approve IW-19-5 Application for new construction in the upland review area at 20 Kollar Road with the following conditions;

Silt fence installed and inspected before site work begins.

Non-invasive straw bales instead of hay bales.

Plans signed by the Professional Engineer and Soil Scientist with the Engineer’s comments added to the plans.

 

M. Drobney seconded the motion.  All in favor.  Motion carried.

 

The Commission agreed to move Public Comment before IW-19-1.

 

Public Comment

 

Tom Walker, a Supervising Forest Products Harvester, was present to speak. He is potentially doing a harvest on an upland oak lot on the west side of Blair Road.  He is looking for clarification on the Forestry Regulations on the Silvaculture Plan. T. Gutowski said if it is a sensitive area, they may require it.  Mr. Walker said if required, the application cost could be more than the wood is worth. He added that his title does not legally allow him to imply Forestry.

 

T. Gutowski said they ask for an Operation Plan that includes where, when, how many acres, how many board feet will be taken, what type of equipment, identifying wetlands if on site and erosion control measures. 

 

Mr. Walker suggested educating and guiding the applicants rather than telling them what they can and cannot do.  He added that he works for Yale 5 to 6 months out of the year and does a lot of educating.  He expressed his concerns on the portion of the Forestry Regulations regarding regeneration and hours of operation. A discussion was held on Regeneration Harvest and the Insurance Policy required.  M. D’Amato said he would provide Mr. Walker a copy of the draft regulations before the Public Hearing.  T. Gutowski said Mr. Walker is welcome to submit comments at the Public Hearing and added that the Commission is here to protect the town.

 

IW-19-1 Application for modification of existing approved permit at 3 Polster Road Owner/Applicant: Love’s Travel Stops & Country Store (Received January 28, 2019

Public Hearing or decision within 65 days)

 

The Commission reviewed the Draft Motion item by item.  Discussions were held on the Bio-Survey, Clerk of the Works, Bond amounts and water quality monitoring.  P. Lord said he has concerns on analyzing and evaluating storm water.  The Commission agreed they would like this submitted to P&Z as a recommendation. 

 

Atty. Slater suggested compiling and reviewing a report to be submitted to P&Z in the near future.  M. D’Amato said he will compile a list for review by the Commission. 

 

 

The Commission questioned how long the Special Permit is valid for and Atty. Slater said the clock starts ticking once P&Z approval is received and it cannot exceed 10 years.  T. Gutowski asked that information regarding the life of the permit be added to the file.

 

Motion to approve application IW 19-1, Modification of existing approved permit at 3 Polster Rd Owner/Applicant Loves Travel Stops & Country Store

 

Motion made:  Tess Gutowski               

Second:              Patrick Lord

Motion was unanimous, application IW 19-1 is approved.

 

Findings:

The Commission finds that the application for modification is complete and that sufficient information has been provided by the applicant to allow the Commission to reach a decision.

The Commission has given due consideration to the reports received, particularly from the Commission’s consulting Wetland Professional, CT Ecosystems LLC, the DEEP and the Conservation Commission.

Because the Commission determined that the application involved a significant activity, as defined in its regulations, it held a public hearing on the application. The finding of a significant activity requires, per Section 10.3, that the Commission deny the application unless it finds that no feasible and prudent alternative exists to the activity which has no impact, or a lesser impact, with such impact evaluated based on the criteria of Section 10.2

The Commission finds that there are no feasible or prudent alternatives that would reduce or eliminate any adverse impacts of the proposed activity, which alternatives have not been incorporated into the plans during the course of the application process, or which are required under the conditions of this approval. For that reason,

The conditions of approval contained in this motion are integral to the approval, and the Commission would not have granted approval but for such conditions.

The Commission finds that, subject to compliance with the conditions below, the applicant has addressed the potentially adverse impacts of the application in its plans and representations made during the public hearing. It is critical that the applicant and its employees and contractors who build the proposed facility follow the engineers plans and specifications and representations made during the hearing. Any deviation from the approved plans could have significant impacts on the adjacent wetlands and watercourses, and those wetlands and watercourses are of very high function and value. For that reason, the conditions of approval place special emphasis on monitoring and supervision during the construction phase and the immediate post-construction phase.

The Commission finds that the other criteria of Section 10.2 are met, provided that the conditions below are incorporated into this approval.

The Commission finds a clerk of the works is necessary to ensure site activities comply with the approved plan.

 

Conditions:

 

Any condition of approval previously listed with Inland Wetlands Permit No. W2011-51 shall continue in force unless specifically modified within this approval.

A clerk of the works shall be hired by the Town, the cost of which shall be reimbursed by the permitee.

A Bio-survey of flora and fauna shall be conducted within Wetland area H, I and J by a qualified professional including benthic macroinvertebrates and salamanders before the commencement of any site work and within 6 months after the project completion. Such findings shall be provided to the Town of Willington in a report delivered to the IWWC and its designated wetland agent, here after referred to as “designated agent”.

Following completion of the bio-survey, the permittee shall submit a final planting plan endorsed by its environmental consultant incorporating the findings of the initial bio-survey and include, the maximum extent practical, native species.   Such plan, subject to approval or modification by the designated agent, shall be implemented in accordance with a schedule included in the plan.   As of the date of the permit the permittee’s environmental consultant of record is Joshua Wilson of Fuss & O’Neill. Any change in designation of the environmental consultant will require Commission approval in order to establish the replacement environmental consultant is sufficiently familiar with the approved plans, specifications, conditions and is of similar credentials.

The “SWAS liner” shall be installed during the period of seasonably dry and low groundwater conditions.

An inspection report shall be provided by a certified Professional Engineer to the designated agent which certifies that the “SWAS liner” has been installed per manufacturer specifications.

All “limits of disturbance” shall be field staked by the permittee and inspected by the designated agent before the commencement of site work.   Any violation of the limitation that no work be performed, or equipment moved beyond the limit of disturbance shall immediately be reported by the permittee or the clerk of the works to the designated agent who is authorized to order immediate cessation of work to allow for evaluation of appropriate remedial actions including but not limited to revocation of the permit. 

Condition # 11 of W2011-51 shall be modified to include a fourth bond. Such bond shall be submitted to include the cost for the construction of the “SWAS”.

 Condition # 16 of W2011-51 shall be replaced with this condition:  A Water Quality Monitoring Plan shall be provided by the permittee, approved by the designated agent in consultation with CT DEEP Fisheries prior to the commencement of site work. The plan shall include quarterly monitoring reports beginning from the start of work on the site and continuing for a period of a minimum of 5 years from the issuance of the Certificate of Occupancy.  The plan shall be designed at minimum to evaluate groundwater, surface water and stormwater quality including temperature and turbidity during the time of site construction and to establish a baseline of possible post-construction impacts on wetlands and watercourses, particularly Roaring Brook including but not limited to increases in water temperature and to evaluate post-construction conditions including but not limited to demonstrating that the water discharge of the SWAS will be at the ambient groundwater temperature as represented by the permittee.   In the event that the system does not perform as represented by the permittee, the permittee shall take such corrective actions necessary to correct such deficiencies.

A site maintenance plan shall be submitted to the designated agent prior to the issuance of the Certificate of Occupancy. Such plan shall include, at a minimum; mowing schedules, litter removal, and planned maintenance of the “SWAS”.  Because the proposed use is reasonably likely to result in litter and such litter is likely to have a short or long-term impact on wetlands, the plan shall include quarterly litter removal and an annual report demonstrating that the approved plan has been adhered to. 

Straw bales used for erosion and sedimentation control shall be certified invasive free.

No grading shall be performed within root zone areas unless necessary to protect established vegetation.  The permittee must consult with its environmental consultant of record before any root zone grading is performed and adhere to the recommendations of the consultant. 

The last proposed contour at the toe of the septic system leaching bed slope shall be shifted approximately 8 feet East.

The tree clearing limits shall be moved approximately 8 feet East in the vicinity of Wetland H as shown in Figure 2 of the May 20th Fuss & O’Neill Response Letter (Exhibit #16).

Sheet CG-102 shall be updated to show the clearing limits North of the parking lot.

Sheet CU-105B shall be updated with the seasonal high and seasonal low groundwater line work.

Sheet CE-100 shall be updated to change “riparian buffer zone” to “100ft Upland Review Area” and seasonal high and low groundwater line shall be added.

Sheets CE 101 and CE 103 shall be updated to;

Add a second crushed stone anti-tracking apron at the construction access points to the site from Polster Rd.

Add “Applied Polymer Systems APS 700 Series Floc Logs” to the temporary sediment traps to enhance their function.

Notate that in the area immediately downgradient of the SWAS, a second layer of silt fence with straw bale backing will be installed.

Add to a temporary sediment trap with temporary pipe to feed pooling water from the trap into sediment basin #2 and a row of straw bales with redundant silt fencing along the north, south and west sides of the subsurface disposal clearing.

Sheet LP-102 shall be updated to;

Add plants on the slope of the subsurface disposal system.

Relocate shrubs that are in the swale North of Stormwater Detention Basin No. 2.

Notate fertilizer type, application and annual removal of non-native species.

Notate mitigative actions to minimize the temporary reduction of the vegetated buffer during construction around Wetland H:

Where minimal fill is required for grading purposes, it will be done so that around trees, compaction will not exceed 85 percent.

The understory of the vegetated buffer will be supplemented with native shrubs.

A Critical Habitats map shall be prepared by the permittee and provided to the designated agent and CT DEEP’s Natural Diversity Database (NDDB).

The Spotted Turtle and Eastern Ribbon Snake shall be reported to the CT DEEP’s Natural Diversity Database (NDDB).

 

Minutes

 

T. Gutowski motioned to approve the minutes of 6/10/19 and P. Lord seconded.  All in favor.  Motion carried.

 

Staff Report

 

M. D’Amato reported wetlands training will be scheduled for late summer of 2019.

 

 

Meeting adjourned at 10:16.

 

Respectfully Submitted,

 

Michele Manas

 

Michele Manas

Recording Clerk