HomeMy WebLinkAbout22SITE8 CAM Heller response LWRD 110122From:Harry Heller
To:Colleen Bezanson
Subject:Re: FW: 22SITE8- 125 Depot Rd- Montville Gateway Shipping Terminal
Date:Monday, October 31, 2022 8:12:03 PM
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Good evening Colleen and Eimy:
I disagree with your interpretation of the application currently pending before the Montville
Planning and Zoning Commission. Please review the CAM application which was filed withthe Phase I and Phase II site plan application. The CAM application, and the CAM review of
that application, clearly indicated that the application was for the use of the property as ashipping and receiving port and terminal. See the following:
IIA. The project consists of the redevelopment of the AES Thames properties between Depot
Road and Dock Road in Uncasville. The properties are intended to be used for intermodalshipping and transport of road salt and other construction materials.
IIC(2) The project is water dependent. The proposal will use the existing pier for receiving
road salt deliveries by barge and shipping construction materials delivered by rail out bybarge,
IIC(3) The project will use the existing pier on the property and encourage water dependent
uses that will use the pier for shipping of bulk materials by barge.Attachment to Application At this time new rail spurs are proposed to accommodate the
transfer of bulk construction materials which may include aggregates, rebar, or lumber fromrail to barge and from barge to rail. All proposed activities are within the limits of the former
industrial facility.
In fact, the CSP review conducted by DEEP acknowledges that the review is to evaluate a newwater-dependent use, the intermodal shipping and transport of road salt and construction
materials.
The site plan which is currently pending before the Montville Planning and ZoningCommission is an operational plan. It actually proposes less fill within the 100 year flood zone
and the coastal management area THAN IS ALREADY PERMITTED, NOT MORE.
Section 15.3.2(c) of the Montville Zoning Regulations exempts "construction of new ormodification of existing on premises fences, walls, pedestrian walks and terraces, underground
utility connections, essential electric, gas, telephone, water and sewer service lines, signs andSUCH OTHER MINOR STRUCTURES AS WILL NOT SUBSTANTIALLY ALTER THE
NATURAL CHARACTER OF COASTAL RESOURCES OR RESTRICT ACCESS ALONGTHE PUBLIC BEACH".
The modification of the site plan to incorporate an access drive through a portion of the site to
allow access to permitted materials which are either inbound or outbound at this intermodalfacility is entirely consistent with the approved site plan and the prior CAM review for this
site. Note that the new portion of the access drive interconnects with the existing paved access
drive along the waterfront.
The Phase III operation application falls within the exemption contained in Section 15.3.2(c).No previously unanticipated uses are proposed. The reduction in the amount of fill has been
formulated by the project engineer to protect rather than jeopardize coastal resources basedupon the geotechnical evaluation Nothing proposed will SUBSTANTIALLY ALTER
Heller, Heller & McCoy
736 Norwich-New London Turnpike
Uncasville, CT 06382
Telephone: (860) 848-1248
Facsimile: (860) 848-4003
On Mon, Oct 31, 2022 at 2:40 PM Colleen Bezanson <CBezanson@montville-ct.org> wrote:
Attorney Heller:
FYI- See below email
Colleen Bezanson
Assistant Planner
Town of Montville
Department of Land Use and Development
310 Norwich New London Tpke
Uncasville, CT. 06382
(860) 848-6779
From: Quispe, Eimy [mailto:Eimy.Quispe@ct.gov] Sent: Monday, October 31, 2022 2:09 PMTo: Colleen Bezanson <CBezanson@montville-ct.org>Cc: Hart, Marybeth <Marybeth.Hart@ct.gov>Subject: RE: 22SITE8- 125 Depot Rd- Montville Gateway Shipping Terminal
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Good Afternoon Colleen,
I took a look at the information you provided and referenced below and provide thefollowing information. It appears that the new site plan application for changes to phase IIand new phase III of the project were not part (or shown) of the previous CSPR application(which covered phase I & II) and would need a new CSPR. Moreover, the construction ofthe new 24’ wide circulation driveway does not appear to meet the exemptions for CSPRoutlined in the Town of Montville’s Zoning Regulations (page 96 and 97, 15.3.2). If theapplicant wishes to exempt this from CSPR they need to specify to the Town which sectionof the Zoning Regulations the application meets. I would note that not doing a CSPR whereone is required jeopardizes the proposal as a potential public nuisance under 22a-108.
I hope this helps provide some clarity. Please feel free to reach out should you have anyquestions about what I noted here. Thank you.
Eimy Quispe
Eimy Quispe
Environmental Analyst 1
Regulatory - East
Land and Water Resource Division
Bureau of Water Protection and Land Reuse
Connecticut Department of Energy and Environmental Protection
79 Elm Street, Hartford, CT 06106-5127
P: 860.424.4182|F: 860.424.4075|E: Eimy.Quispe@ct.gov
https://portal.ct.gov/deep
Conserving, improving and protecting our natural resources and environment;
Ensuring a clean, affordable, reliable, and sustainable energy supply.
From: Colleen Bezanson <CBezanson@montville-ct.org> Sent: Thursday, October 27, 2022 2:51 PMTo: Quispe, Eimy <Eimy.Quispe@ct.gov>Subject: 22SITE8- 125 Depot Rd- Montville Gateway Shipping Terminal
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Good afternoon:
Please find attached a site plan application ,cover letter, and plan change narrative for theproposed Montville Gateway Shipping Terminal on the property located at 125 Depot Rd. In
his cover letter dated October 11, 2022, Attorney Harry Heller states, in number 9, that nonew reviews are required by your office. Can you please verify that no additional reviews
are required.
Additional information, including the plans, redlined changes plans and the presentationfigure can be found using the link below.
https://www.townofmontville.org/form-repository/22-site-8-125-deport-rd-montville-
gateway-shipping-terminal/
Colleen Bezanson
Assistant Planner
Town of Montville
Department of Land Use and Development
310 Norwich New London Tpke
Uncasville, CT. 06382
(860) 848-6779