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Staff Report
Application # 22 IWC 4
Regular Meeting – Thursday, March 17, 2022
Prepared by Tiffany E Williams, Zoning & Wetlands Enforcement Officer
Applicant: Tyler Lawton
Owner: Town of Montville
Engineering Info: N/A
Soil Scientist: Robert Russo, CLA
Attorney Info: N/A
Address: 911 Route 32 (083-029-000)
Submitted: February 23, 2022
Date Received by IWC: March 17, 2022 (DRD – 5/21/2022)
Applicant Request: As of Right determination for a walking trail.
Activity Description:
Wetland Disturbance Area 150 SF
Watercourse/Waterbody Disturbance Area 0 LF
Upland Review Disturbance Area 2,000 SF +/-
Staff Comments:
Application is for an As of Right Determination for a walking trail in accordance with Montville Inland Wetlands and Watercourses Regulations Section 4.2.b and C.G.S. Section 22a-40.
911 Route 32 is located on about 17.16 acres in the Government (G) zone and contains regulated
upland & wetlands areas and an intermittent watercourse. The site is currently developed with the Montville Public Safety Complex.
Scout Tyler Lawton is proposing an Eagle Scout project to construct a walking trail that will be approximately .663 miles long. This trail will consist of several wetlands crossings. Attached
are the narrative and map from Applicant.
The Town’s Soil Scientist, Bob Russo has reviewed the application and conducted 2 field inspections, one flagging wetlands areas and one with staff and the Applicant to review proposed crossings in regulated areas. Attached please find his report dated January 30, 2022
that states, in part, “I believe that the proposed use could fit under Section 4.2.b of the Town of
Montville Inland Wetlands regulations as recreational use as of right. The cited section specifically includes hiking trails.” - The Commission will need to make a finding as to whether or not the proposed activities
are permitted non-regulated (“as of right”) activity and, therefore, do not require a permit.
Section 4.2 of the Regulations states “The following operations and uses shall be permitted
as non-regulated uses in wetlands and watercourses, provided they do not disturb the natural
and indigenous character of the wetland or watercourse by removal or deposition of
material, alteration or obstruction of water flow or pollution of the wetland or watercourses.
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b. Outdoor recreation including the use of play and sporting areas, golf courses, field trails,
nature study, hiking, horseback riding, swimming, skin diving, camping, boating, water-
skiing, trapping, hunting, fishing and shell fishing where otherwise legally permitted and
regulated.”
Staff Recommendation:
- The proposed use of a hiking trail does not disturb the natural and indigenous character of the
wetland or watercourse by removal or deposition of material or alter or obstruct of water flow or pollution of the wetland or watercourses. Therefore, staff recommends approval of the proposal as a permitted, non-regulated activity.
M O T I O N (A Motion to Approve)
After giving due consideration to all relevant factors, including those in Section 4.2 of the
Montville Inland Wetland Regulations and Section 22a-40 of the Connecticut General Statutes, I
move that Application # 22 IWC 4 - Applicant, Tyler Lawson – Property Owner, Town of
Montville for a proposed walking trail at 911 Route 32 (083-029-000), Uncasville, CT as more
fully described in the Application, dated 2/23/2022 and supporting documentation, including a
map dated December 2022 is a Permitted Non-Regulated Use and, therefore, no permit is
required.