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HomeMy WebLinkAbout120 Gay Hill Rd staff report 8-20-09 9R Burlake Road 120 Gay Hill Road 209IWC9 Meeting Date: August 20, 2009 Date received by Commission 6-18-09 Terminal Date: Assessor Map Wetlands Map Applicant Request 40 Lot Cluster Subdivision with work within review area Background Information A subdivision was approved by the Commission for a 27 lot subdivision two lots were combined at the request of the Commission- original submission was for 29 lots Approved subdivision only had disturbance area of +/- 12,000 sq ft in the upland review area Activity Description Wetland Disturbance Area 0sf  Upland Review Disturbance Area 26,800 sf  Watercourse/ Waterbody Disturbance Area 1,200 ft   Staff Comments At the July meeting the Commission requested the following information from the applicant: A modification of the narrative to remove the word rain gardens and replace with the information regarding the proposed infiltrators Modify the plan to show the 90’ stone swale as proposed by your soil scientist Copy of the Homeowners Association Covenants Move the pool on Lot 1outside of the 50’ review area Town engineers comments have been attached Uncas Health Comments attached Applicant has provided draft declaration and grant of conservation easement in favor of the Town of Montville Since the maintenance will be an additional burden on the Town the conservation easement should be conveyed to the homeowners association Commission must make decision today or ask for an extension July Commissioners Taylor, Riske, Bartholomew and O’Bday walked the site on July 9th Revised plans were submitted to the office on July 15th Following changes were made to the disturbance areas As Submitted Revised 7-13-09 Revised 7-17-09 Difference  Upland Disturbance Area 22,000 sq ft 26,800 sq ft   + 4,800 sq ft  Watercourse Disturbance 0 1,200 sq ft No change  + 1,200 sq ft  Upland Review area disturbance to wetland system adjacent to lot 1 and property of Frank Malloy to allow construction of Monahan Dr 2,260 sq ft  No change No change   Instillation of stormwater basin at end of Dennis Dr 5,700 sq ft 8,840 sq ft No change  + 3,140 sq ft  Construction of inlet and outlet protection and twin 24” pipes and construction of Monahan Dr easterly of Lot 3 and westerly Lot 31 800 sq ft 5,100 5,100 + 4,300 sq ft  instillation of proposed water quality detention basin near lots 19,20,21 8,160 sq ft 10,600 sq ft No change + 2,440 sq ft  Relocation of intermittent watercourse none 1,200 sq ft No change + 1,200 sq ft   Lot 1 there appears to be grading and a portion of the proposed pool is within the review area Lot 35 now has a pond in the front yard What is the purpose of the conservation easement and are there any restrictions within this area? Lot 32, 22, and 34 appeared to have water flow though the wetland along the back side of the existing stone wall. The stone wall should be kept in place because it would serve as a deterrent to future disturbance of the area. Commission has been presented with the additional watercourse disturbance that would create a stone lined swale if they determine that this would be a benefit to the area. June Additional 13 lots are proposed 16 lots have portion of the property within the upland review area There are 2 proposed open space lots Clarification of owner is needed No descriptions of the easements and or who they are deeded to Conservation easement restrictions not provided Last plan shows intermittent stream in the vicinity of wetland flags 118 and 149 Signature of soil scientist needs to be provided Awaiting comments from other agencies Plan sent to the Town Engineer for review Some Commission members have walked the site however a new site walk may benefit those new members Draft Motion: 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, and to the evidence presented and to the Commission’s knowledge of the property and area, I move to approve application 209 IWC 9 9R Burlake LLC: An application for a cluster subdivision on the property located at 120 Gay Hill Road, Uncasville, Ct. As shown on Assessor’s Map 23 Lot 3 as shown on the plan titled “Gay Hill Road Subdivision Prepared for 9R Burlake LLC 120 Gay Hill Road Montville, Ct. Owner/Applicant 9R Burlake LLC 567 Vauxhall St Ext Waterford Ct Engineers and Surveyors Tarbell, Heintz & Assoc., Inc. Civil Engineers-Land Surveyors 1227 Burnside Ave Suite 31 East Hartford, Ct. revised to 8-7-09” and the application and narrative revised to 7/17/09 This is a conditional approval. The sole purpose of this action is to approve remediation and restoration measures to address unpermitted conduct by the applicant. 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. Conditions of approval are: 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.