MEETING MINUTES 7:00 p.m. May 16, 2013 LOCATION: MONTVILLE TOWN HALL, Council Chambers

Transcription

1 TOWN OF MONTVILLE INLAND WETLANDS COMMISSION 310 NORWICH NEW LONDON TURNPIKE UNCASVILLE, CONNECTICUT PHONE (860) FAX (860) MEETING MINUTES 7:00 p.m. May 16, 2013 LOCATION: MONTVILLE TOWN HALL, Council Chambers 1. Call to order: Commissioner O Bday called the May 16, 2013 Inland Wetland Commissioner meeting to order at 7:11 p.m. 2. Roll call: In attendance were Commissioners O Bday, Bartholomew, Riske, Alternate members Houk seated for (Beauchene). Absent were Commissioners Brush and Beauchene. Staff present was Colleen Bezanson, Inland Wetland Agent/Planner II. Minutes a. Approve minutes of April 18th meeting. Motion made by Commissioner Riske and seconded by Commissioner Bartholomew to approve the April 18 th meeting. Discussion, None, voice vote, 2 2 0, motioned carried. Commissioners Riske and Houk abstained. b. Approve minutes of the May 2 nd Public Hearing Special Meeting. Motion made by commissioner Riske and seconded by Commissioner Bartholomew to approve the May 2 nd Public Hearing Special Meeting minutes. Discussion, None, voice vote, 2 2 0, motioned carried. Commissioner and Houk abstained. 3. Public Hearings: a. Town of Montville: Work in conjunction with the City of Norwich for the reconstruction of the Montville Rd Bridge located off of Montville Rd. Commissioner O Bday opened the public hearing at 7:14 p.m. Colleen Bezanson read the following into record: 1. Legal ads as published in the New London Day on May 3, 2013 and May 10, Copy of the Agenda for the Public Hearing as filed with the Town Clerk on May 10, 2013 at 2:13 p.m. 3. Inland Wetlands application for the reconstruction of Montville Road Bridge 4. Plans entitled Montville Road Culvert Replacement Montville, Ct Prepared by CLA Engineers 317 Main St Norwich, Ct dated March 2013 HJacobs IWC Page 1

2 5. Staff report dated May 16, Municipal Notifications (proof of mailing and return receipts) sent as follows: a. Norwich City Clerk. Applicant: 1. Prudent and Feasible Alternatives report dated May 13, Wikipedia entry for Margaritifera margaritifera Town Engineer, Brian Long and Soil Scientist, Bob Russo of CLA Engineers Inc. addressed the Commission. Brian Long stated that the existing metal culvert was in poor condition and the road had eroded around it and washed out completely. Mr. Long gave a breakdown of the plans and discussed the placement of the culverts, dewatering and additional work on Montville Rd. Bob Russo addressed the commission he stated that the current plan and application were in the best interest of the wetlands and would impact them in the least. He commented on the existing erosion and indicated that the he had met with the Connecticut fisheries and Water resources departments who agreed that it was suitable to put in box culverts. Mr. Russo spoke about the significant erosion that had occurred and the need to stop it. He stated that armor would be placed in order to do so. Mr. Russo indicated that if something was not done it would have adverse affects on the people in the area and Emergency response teams. He indicated that there were Margaritifera mussels in the work area and they were taking lengths and working with DEEP to protect the species and referred to the Wikipedia definition which had been submitted to staff. He gave the economical statistics of a bridge versus box culverts as well as alternative plans and why this one had been chosen. A breakdown of the plans were given. Commissioner O Bday stated he had visited the site and agreed that something had to be done. A discussion was held. Commissioner O Bday opened the floor to Public comments at 7:45 p.m. Public who addressed the Commission in agreement and for the reconstruction of the Montville Rd Bridge located off of Montville Rd were: Richard Miller of 19 Fitch Hill Rd, Montville, CT Dana McFee of 27 Crestview Dr, Montville CT Howard Beetham Jr. of 60 Riverview Rd, Montville CT Commissioner O Bday asked three times if there were any more comments from the public concerning items on the agenda. There were none. HJacobs IWC Page 2

3 Motion made by Commissioner Bartholomew and seconded by Commissioner Riske to close the Public Hearing at 7:56 p.m. Discussion, None, voice vote, 4 0, all in favor, motioned carried. Alternate Commissioner White seated for (Brush) joined the meeting at 7:56 p.m. after listening to the presentation in the audience. Motion made by Commissioner Riske and seconded by Commissioner White as follows; After giving due consideration to all relevant plans, documents and factors including those in Section 10 and or Section 4 of the Montville Inland Wetland Regulation and Section 22af the Connecticut General Statutes, I move to approve application 41 o 213 IWC 4 Town of Montville: An application for work in conjunction with the City of Norwich for the reconstruction of the Montville Rd Bridge located off of Montville Rd and as depicted on the plan titled Montville Road Culvert Replacement Montville, Ct Prepared by CLA Engineers, Inc 317 Main St Norwich, Ct dated March 2013 and the application and narrative dated 4/11/13. Standard Reasons for Approval 1. The environmental impact of the proposed project does not have a significant effect on the inland wetland's and watercourse's capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and groundwater, to control sediment, to facilitate drainage, to control pollution, to support recreational activities, and to promote public health and safety. 2. The Commission has determined that the relationship between the short term uses of the environment and the maintenance and enhancement of long term productivity will have no impact on the surrounding wetland system 3. The proposed activity will not have irreversible and irretrievable commitments of resources. 4. The proposed project will not change the character and or add degree of injury to, or interference with, safety, health, or the reasonable use of property, including abutting or downstream property. 5. The proposed activity use is suitable to the area. 6. The applicant has taken all feasible measures to mitigate the impact of any aspect of the proposed regulated activity. HJacobs IWC Page 3

4 4. Show Cause Hearings: a. George and Teri Taylor: Work within a regulated area without a permit on the property located at 107 Jerome Rd, Montville, Ct. As shown on Assessor s Ma p 67 Lot 30. Colleen Bezanson directed the Commissioners to the pictures which had been submitted to the Commissioner by the Applicant and Staff. She stated the application had been submitted after a Cease and Desist order had been given to the property owners for work on the property without a permit. She stated that the current application was a combination to cover the work done without a permit and proposed work that George and Teri Taylor would like to complete. She gave a breakdown of the work which had already been completed, which included bittersweet removal and cleaning of an area around the existing pond. Ms. Bezanson indicated that the crushed pipe on the property concerned Staff. She referred the Commission to the photos provided by Staff and the property owners. She indicated that there was also a sink hole which the property owners wished to fill. Commissioners O Bday and Bartholomew went to the property and agreed that the pipe did have to be replaced. They also stated that the boat and trailer on the property needed to be moved further away from the pond on the property. They were in agreement that the sink hole was a hazard and needed to be filled. Mr. Taylor approached the Commission and was agreeable with the Commissions proposed solutions and requests. Colleen Bezanson suggested having the Town Engineer look at the property and only replace the crushed pipe if the he approves. A discussion was held. An audio issue occurred. Audio was restarted at 8:15 p.m. Motion made by Commissioner Riske and seconded by Commissioner Bartholomew as follows; After giving due consideration to all relevant factors including those in Section 10 and or Section 4 of the Montville Inland Wetland Regulation and Section 22a 41 of the Connecticut General Statutes, I move to approve application 213 IWC 6 Teri and George Taylor: An application for a remediation and proposed work within a regulated area on the property located at 107 Jerome Rd, Montville Ct. As shown on Assessor s Map 67 Lot 30 as depicted on the plans titled 107 Jerome Rd Activities without a permit and 107 Jerome Rd Proposed Activities and the combined applications and narratives dated 4/10/13. This is a conditional approval. Each and every condition is an integral part of the Commission decision. Should any of the conditions, on appeal from this decision, be found to be void or of no legal effect then this conditional approval is likewise void. Should any of the conditions not be implemented by the applicant or his successors within the specified permit time period, then this conditional approval is void. HJacobs IWC Page 4

5 Conditions of approval are: 1. The existing pipe be replaced only if and in a manner that the Town Engineers approves 2. Any future maintenance on the property will be done by hand and/or small handheld machinery. 3. Fertilizer used on the property will be organic and eco friendly 4. Brush to the left of the garage is to be removed 5. The Boat and the Camper are to be removed from any regulated areas Standard Reasons for Approval 1. The environmental impact of the proposed project does not have a significant effect on the inland wetland's and watercourse's capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and groundwater, to control sediment, to facilitate drainage, to control pollution, to support recreational activities, and to promote public health and safety. 2. The Commission has determined that the relationship between the short term uses of the environment and the maintenance and enhancement of long term productivity will have no impact on the surrounding wetland system 3. The proposed activity will not have irreversible and irretrievable commitments of resources. 4. The proposed project will not change the character and or add degree of injury to, or interference with, safety, health, or the reasonable use of property, including abutting or downstream property. 5. The proposed activity use is suitable to the area. 6. The applicant has taken all feasible measures to mitigate the impact of any aspect of the proposed regulated activity. b. Jeffrey and Kathy Crouch: Work within a regulated area without a permit on the property located at 121E Kitemaug Rd, Montville, Ct. As shown on Assessor s Map 84 Lot 143. Ms. Bezanson stated that she had been received a complaint about work without a permit being done on the property. She stated that a Cease and Desist order had been filed based on the photos that had been provided. HJacobs IWC Page 5

6 Mr. Crouch of 121E Kitemaug Rd, Montville, CT approached the Commission and addressed the complaints which had been filed against him. He submitted photos to the Commission of Mr. Hansen working with a chainsaw and with his truck parked in the wetland area of the property. He stated that he did not wish to harm the wetlands. Mr. Crouch denied the allegations against him. A discussion was held. Mr. Hansen of 121D Kitemaug Rd, Montville CT approached the Commission. He restated his complaints about Mr. Crouches work in the wetland area. He gave explanation to the photos Mr. Crouch ha d submitted to the Commission. A discussion was held. Motion made by Commissioner Riske and seconded by Commissioner Bartholomew to set a site walk on the property for June 13, 2013 at 6:00 p.m. 5. Remarks from the public relating to items on the agenda : Commissioner O Bday asked three times if there were any remarks from the public relating to items on the agenda. There were none. 6. Old Business: None 7. New Business: a. Hull Forest Products/ Robert & Ida Shutsky: An application for a timber harvest with a crossing on the property located at 1376 Route 163, Montville, Ct. As shown on Assessor s Map 51 Lot 2. Colleen Bezanson stated that this was a timber harvest with one crossing. The property is 90 acres with 60 acres being harvested. The harvest is for stand improvement and income generation. There will be 88,990 board feet of timber and 170 cords of firewood. The crossing is at the entrance to the property and will be corduroyed. Ms. Bezanson read a letter from Chris Casadei on behalf of the applicant into the record. Motion made by Alternate Commissioner White and seconded by Commissioner Riske as follows; After giving due consideration to all relevant factors including those in Section 10 and or Section 4 of the Montville Inland Wetland Regulation and Section 22a 41 of the Connecticut General Statutes, I move to approve application 213 IWC 5 Hull Forest Products/ Robert & Ida Shutsky: An application for a timber harvest with a crossing on the property located at 1376 Route 163, Montville, Ct. As shown on Assessor s Map 51 Lot 2 as depicted on the plan titled Shutsky Timber Harvest Prepared by Chris Casadei dated April 201 and the application and narrative dated 4/26/13. HJacobs IWC Page 6

7 Standard Reasons for Approval 1. The environmental impact of the proposed project does not have a significant effect on the inland wetland's and watercourse's capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and groundwater, to control sediment, to facilitate drainage, to control pollution, to support recreational activities, and to promote public health and safety. 2. The Commission has determined that the relationship between the short term uses of the environment and the maintenance and enhancement of long term productivity will have no impact on the surrounding wetland system 3. The proposed activity will not have irreversible and irretrievable commitments of resources. 4. The proposed project will not change the character and or add degree of injury to, or interference with, safety, health, or the reasonable use of property, including abutting or downstream property. 5. The proposed activity use is suitable to the area. 7. The applicant has taken all feasible measures to mitigate the impact of any aspect of the proposed regulated activity. 8. Commissioner s Comments: Commissioner White greeted the Commission Commissioner Houk inquired about duties on Commission 9. Correspondence: Training Voucher 10. Other Business: None 11. Executive Session: None 12. Adjourn Motion made by Commissioner Bartholomew and seconded by Commissioner Riske to adjourn the meeting at 9:15 p.m. Respectfully submitted by, Heidi Lee Jacobs, Minutes Clerk for the Town of Montville. A PARTIAL AUDIO RECORD OF THIS MEETING IS ON FILE IN THE MONTVILLE TOWN CLERK S OFFICE. HJacobs IWC Page 7