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APPLICATION OF HUSSAN/HUSSAIN LLC TO
THE TOWN OF MONTVILLE INLAND WETLANDS AND
WATERCOURSES COMMISSION
NARRATIVE TO ACCOMPANY APPLICATION TO CONDUCT REGULATED
ACTIVITIES IN UPLAND REVIEW AREAS ON PROPERTY LOCATED AT 2040
NORWICH-NEW LONDON TURNPIKE, MONTVILLE, CONNECTICUT IN
CONJUNCTION WITH A PROPOSED 4,960 SQUARE FOOT
GASOLINE/CONVENIENCE STORE FACILITY
Hassan/Hussain LLC, the owner and applicant, hereby submits an application to the Town
of Montville Inland Wetlands and Watercourses Commission for a permit to conduct regulated
activities in upland review areas in conjunction with the proposed commercial development of
1.536 acres of a 2.68 acre site located at 2040 Norwich-New London Turnpike in the Town of
Montville, County of New London and State of Connecticut in conjunction with the development
of a proposed convenience/gasoline sales facility. The subject parcel is delineated as Lot 001-01A
on Montville Assessor’s Map 103 and is more particularly shown on a certain map or plan entitled
“Inland Wetlands Submission 2040 Route 32 Proposed Convenience Store/Gas Station 2040
Route, Uncasville, Connecticut Applicant: Amer Choudrey October 3, 2022 Drawing Scale:
1”=30’ Sheet Nos. 1 of 5 to 5 of 5 Job No. 21-001048 Drawn By: DC Fedus Engineering, LLC
Civil Engineers Mailing Address: 70 Essex Street Mystic, Connecticut 06355 Office: (860) 536-
7390 Fax: (860) 536-1644” (hereinafter, the “Plan”). Regulated activities for the development of
this property for a proposed 54 unit hotel facility with a building and development footprint of
1.95 acres was previously approved by the Town of Montville Inland Wetlands and Watercourses
Commission in accordance with a site development plan entitled “Site Plan Improvement Location
Plan Proposed 54 Unit Hotel Prepared For Paul Cipriani, Jr. Norwich-New London Turnpike (Ct.
Rte. 32) Montville, Connecticut Scale: 1”=20’ Date: September 1997 Job Number: 2048 Sheets 1
of 5 to 5 of 5 Harris & Clark Inc. Civil Engineers- Land Surveyors- Land Planners Griswold,
Connecticut”. In conjunction with the prior proposal for the development of the fifty-four (54) unit
hotel facility, a permit for the filling of inland wetlands and watercourses for the project was issued
by the United States Army Corps of Engineers on January 21, 1998. The filling contemplated by
the October, 1997 local permit and the United States Army Corps of Engineers permit was
completed by prior owners of the property subsequent to the issuance of the regulatory permits
authorizing such activities to be conducted.
The subject parcel of real property was created under and pursuant to the terms and
provisions of the Last Will and Testament of Edith S. Perrin dated January 30, 1958, pursuant to
which Last Will and Testament, Edith S. Perrin devised a parcel of land which is the subject of
this Application to her daughter, Christine Hammer. Therefore, the subject parcel of real property
was created prior to the enactment of regulations regulating activities in and/or adjacent to inland
wetlands and watercourses in the State of Connecticut and the Town of Montville. The Applicant’s
predecessor in title later acquired an adjoining parcel to the north extending to Podurgiel Lane
which has been incorporated into the application parcel.
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SITE CHARACTERISTICS
The subject parcel is located on the westerly side of the Norwich-New London Turnpike
in the Town of Montville, Connecticut. It enjoys 285 feet of road frontage on the Norwich-New
London Turnpike, a short distance southerly of the intersection of the Norwich-New London
Turnpike with Connecticut Route 2A. The property is abutted to the north by Podurgiel Lane, a
municipal street within the Town of Montville highway system. The property enjoys an average
depth of 250 feet extending westerly from the Norwich-New London Turnpike and enjoys
approximately 219 feet of road frontage on Podurgiel Lane.
The total site contains 116,639 square feet of total lot area. The Applicant is proposing to
develop the site utilizing a footprint consistent with (but smaller than) the footprint which was
formulated for the prior development of the 54-unit hotel facility. This footprint avoids any direct
disturbance of the current inland wetlands and watercourses on the property. The site plan
contemplates two (2) points of ingress/egress to the improved site from the Norwich-New London
Turnpike (Connecticut Route #32). A prior site formulation which would have provided a means
of ingress and egress from Podurgiel Lane was abandoned during the Certificate of Location
approval process before the Town of Montville Zoning Board of Appeals due to significant
neighborhood resistance to that means of ingress and egress to and from the site. The site
formulation being presented for consideration contemplates a northerly inbound turning lane and
a southerly outbound turning lane to and from the Norwich-New London Turnpike as depicted on
Sheet 2 of 5 of the site development plan. The site development plan contemplates a closed
drainage system pursuant to which stormwater will be collected in catch basins and discharged to
a stormwater quality/detention basin located in the northeasterly corner of the improved project
site. The stormwater will first be detained in the sediment forebay in order to allow sediments to
settle out to satisfy the requirements of the 2004 Stormwater Quality Manual promulgated by the
State of Connecticut Department of Energy and Environmental Protection. Stormwater from the
detention basin will be metered out by proposed Control Structure 1 as delineated on the Sheet 3
of 5 of the site development plan with orifices in the structure designed to meter out renovated
stormwater in accordance with the intensity of the applicable design storm event. Stormwater
discharged from the detention basin will be discharged through a 15-inch HDPE culvert to a
proposed plunge pool and thereafter through a grass swale to a proposed rip rap pad at an interface
with a 42-inch reinforced concrete pipe storm culvert which will thereafter carry stormwater in a
northerly direction under Podurgiel Lane.
The stormwater calculations prepared by the project engineer evidence the fact that the
peak rate of discharge from the improved site will be reduced from existing conditions in all design
storm events from the two-year storm event through and including the 100-year storm event.
It is anticipated that construction of this project will commence during the Spring of 2023
and be completed within a one (1) year construction period.
SOIL CHARACTERISTICS
The predominate upland soil type on the site is Sutton. The Sutton soil consists of
moderately well-drained, non-stony to extremely stony soils that formed in loamy glacial till. This
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soil is found on upland glacial till plains, hills and ridges. Included with this soil in mapping are
small areas of well-drained Canton, Charlton and Narragansett soils; moderately well-drained
Woodbridge and Rainbow soils; and poorly drained Leicester soils. The Sutton soil has a seasonal
high water table at a depth of about 18 inches. Permeability is moderate or moderately rapid.
Runoff is medium. The soil stratification of the Sutton soil is as follows:
0” – 1” Litter and partially decomposed organic matter.
1” – 9” Very dark grayish-brown fine sandy loam; weak medium granular
structure; friable; few fine and common medium roots; 5 percent rock
fragments; strongly acid; clear wavy boundary.
9” – 22” Yellowish-brown fine sandy loam; few fine faint yellowish-brown
mottles; weak medium subangular blocky structure; friable; few
medium roots; 5 percent rock fragments; strongly acid; gradual wavy
boundary.
22” – 28” Dark yellowish-brown fine sandy loam; common fine faint grayish-
brown and yellowish-brown mottles and common fine distinct strong
brown mottles; weak medium subangular blocky structure; friable; few
medium roots; 5 percent rock fragments; strongly acid; gradual wavy
boundary.
28” – 33” Dark brown sandy loam; common fine faint grayish-brown and
yellowish-brown mottles and common fine distinct strong brown
mottles; massive; friable; 5 percent rock fragments; strongly acid;
gradual wavy boundary.
33” – 60” Olive brown sandy loam; common fine distinct grayish-brown and
yellowish-brown mottles and common fine distinct strong brown
mottles; massive; firm; 5 percent rock fragments; strongly acid.
The wetlands soils on the project site consist primarily of Leicester and Whitman soils. The
Leicester soils consist of poorly-drained, extremely stony soils that formed in loamy glacial till.
Leicester soils are found in drainageways and depressions of upland hills, ridges and glacial till
plains. Slopes range from 0 to 3 percent. Leicester soils are found in the drainage sequence on the
landscape with well-drained Charlton soils and moderately well-drained Sutton soils. They are
near somewhat excessively drained Hollis soils, well-drained Canton and Narragansett soils,
poorly-drained Ridgebury soils and very poorly-drained Whitman soils. The soil stratification of
the Leicester soil is as follows:
0” – 2” Decomposed leaves.
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2” – 6” Very dark gray fine sandy loam, weak fine granular structure; very
friable; few fine and medium roots; 5 percent rock fragments; very
strongly acid; abrupt smooth boundary.
6” – 12” Dark grayish-brown, fine sandy loam; few fine faint yellowish-brown
mottles and many medium distinct light brownish-gray mottles; weak
medium subangular blocky structure; very friable; few medium roots;
5 percent rock fragments; strongly acid; clear wavy boundary.
12” – 24” Grayish-brown, fine sandy loam; few medium distinct yellowish-
brown and dark grayish-brown mottles; weak medium subangular
blocky structure; friable; 10 percent rock fragments; strongly acid;
gradual wavy boundary.
24” – 32” Pale olive fine sandy loam; many coarse distinct yellowish-brown
mottles; weak medium subangular blocky structure; friable; 15 percent
rock fragments; strongly acid; gradual wavy boundary.
32” – 60” Light olive gray gravelly fine sandy loam; many medium distinct
yellowish-brown mottles; massive; friable; 25 percent rock fragment;
strongly acid.
The most westerly portion of the project site, abutting easterly on land now or formerly of
Home Depot USA Inc. is comprised of Whitman Soils. The Whitman soils consist of very poorly-
drained, extremely stony soils that formed in compact, loamy glacial till. Whitman soils are found
on the landscape on drumloidal upland landforms. Slopes range from 0 to 3 percent. The Whitman
soils are found in the drainage sequence on the landscape with well-drained Paxton soils,
moderately well-drained Woodbridge soils and poorly-drained Ridgebury soils. They are found
near somewhat excessively drained Hollis soils, well-drained Montauk, Canton, Charlton,
Narragansett and Broadbrook soils, moderately well-drained Rainbow soils and poorly-drained
Leicester soils. The soil stratification for the Whitman soil is as follows:
0” – 1” Decomposed leaf litter.
1” – 9” Black fine sandy loam; weak medium granular structure; friable;
common fine and medium roots; strongly acid; abrupt wavy boundary.
9” – 16” Dark grayish-brown fine sandy loam; few fine faint yellowish-brown
mottles; weak medium subangular blocky structure; friable; few fine
roots; 5 percent rock fragments; medium acid; clear wavy boundary.
16” – 22” Grayish-brown, fine sandy loam; common medium distinct strong
brown mottles and few medium faint light brownish-gray mottles;
moderate medium platy structure; very firm; brittle; 5 percent rock
fragments; slightly acid; gradual wavy boundary.
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22” – 60” Grayish-brown fine sandy loam; common medium distinct strong
brown mottles and few medium faint light brownish-gray mottles;
massive; firm, brittle; 5 percent rock fragments; slightly acid.
GENERAL PROCEDURES:
1. Prior to the commencement of any construction on the project site, the Applicant’s
designated agent and his contractor shall meet with the Montville Wetlands Enforcement
Officer and the Montville Zoning Enforcement Officer to discuss and agree upon the
method of installation of erosion and sediment control measures for the development of
the proposed gasoline/convenience store facility as depicted on a plan entitled “Soil &
Erosion Control Plan of 2040 New London Turnpike (AKA CT RT 32) Uncasville,
Connecticut Prepared For: Amer Choudrey October 3, 2022 Drawing Scale: 1”=30’ Sheet
No. 4 of 5 Job No. 21-001048 Drawn By: DC Fedus Engineering, LLC Civil Engineers
Mailing Address: 70 Essex Street Mystic, Connecticut 06355 Office: (860) 536-7390 Fax:
(860) 536-1644” (the “Erosion Control Plan”) (the “Preconstruction Meeting”).
2. Subsequent to the Preconstruction Meeting, the Applicant’s engineer shall delineate in the
field the limits within which regulated activities shall occur and the location for the
installation of erosion and sediment control measures as depicted on the Erosion Control
Plan.
3. Upon agreement with the Wetlands Enforcement Officer and Zoning Enforcement Officer
of the Town of Montville, the Applicant’s contractor shall install all erosion and sediment
control measures as depicted on the Erosion Control Plan.
4. All construction activities shall be conducted by the Applicant and its contractor in
accordance with the Plan, this Narrative, the Erosion Control Plan and any conditions
which shall be imposed by the Montville Wetlands Enforcement Officer and the Montville
Zoning Enforcement Officer, as enunciated at the Preconstruction Meeting. The Plan, the
Erosion Control Plan and this Narrative shall be incorporated into any permit granted by
the Montville Inland Wetlands and Watercourses Commission for the development of the
project site.
5. During construction, all erosion and sediment control measures shall be inspected on a
weekly basis and after every storm event resulting in a discharge and repaired and
maintained as necessary.
6. During construction, silt fence, hay bale check dams, diversion berms and temporary
sedimentation basins, each as delineated on the Erosion Control Plan, and any additional
erosion and sediment control measures required by the Montville Wetlands Enforcement
and/or the Montville Zoning Enforcement Officer shall be maintained in accordance with
the Soil Erosion and Sediment Control Guidelines promulgated by the State of Connecticut
Department of Energy and Environmental Protection.
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7. During the stabilization period (after construction but prior to certification of approval by
the Montville Wetlands Enforcement Officer and the Montville Zoning Enforcement
Officer for the removal of erosion and sediment control measures) all erosion and sediment
control measures shall be maintained in proper working order. The Applicant’s designated
agent shall be responsible for checking all erosion and sediment control measures on a
weekly basis and after every storm event resulting in a discharge during the stabilization
period.
8. During the stabilization period, any erosion which occurs within disturbed areas of the
project site shall be immediately repaired, reseeded and restabilized.
9. Once stabilization has been completed and certification thereof obtained in writing from
the Zoning Enforcement Officer and Wetlands Enforcement Officer of the Town of
Montville, erosion and sediment control measures shall be removed by the Applicant or its
contractor.
10. Unless otherwise specified in writing to the Wetlands Enforcement Officer of the Town of
Montville and the Zoning Enforcement Officer of the Town of Montville, Ahmed
Choudhry, with an office and place of business at 4 Boston Post Road, Waterford,
Connecticut 06385 (860) 608-9636 (email: bestway411@yahoo.com) shall be the
designated representative of the Applicant for the implementation of all erosion and
sediment control measures contained in this Narrative, and as delineated on the Plan and/or
the Erosion Control Plan.
11. In the event that the erosion and sediment control measures required by any permit granted
by the Montville Inland Wetlands and Watercourses Commission are not installed in
accordance with the Erosion Control Plan or in accordance with the requirements of this
Narrative or of the Directives of the Montville Wetlands Enforcement Officer or the
Montville Zoning Enforcement Officer established at the Preconstruction Meeting; or, in
the event that said erosion and sediment control measures are not maintained in accordance
with the requirements of the 2002 Soil Erosion and Sediment Control Guidelines, then and
in that event the Applicant shall be required to immediately cease and desist all further
construction pursuant to the permit granted in accordance with this Narrative until such
time as such erosion and sediment control measures are installed or properly maintained
and written certification thereof is obtained from the Wetlands Enforcement Officer of the
Town of Montville and the Zoning Enforcement Officer of the Town of Montville together
with written authorization to resume work.
CONSTRUCTION SEQUENCING:
1. Prior to conducting any site disturbance, the Applicant shall engage in the Preconstruction
Meeting.
2. The Applicant’s engineer shall stake in the field the location for the installation of all
erosion and sediment control measures.
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3. The Applicant shall install silt fence backed by staked haybales along the entire westerly
periphery of the development site in the location delineated on the Erosion Control Plan
prior to any further site disturbance.
4. The Applicant shall install the anti-tracking pad at the interface of the construction site
with the Norwich-New London Turnpike (Connecticut Route #32) (northerly entrance) in
the location delineated on the Erosion Control Plan. The anti-tracking pad shall be
constructed in accordance with the “Anti-Tracking Pad” Detail delineated on the Erosion
Control Plan.
5. The Applicant’s contractor shall excavate the stormwater detention basin which, during
construction, shall act as a sedimentation trap. At such time as said sedimentation trap
becomes inundated with sediment to the extent of 50 percent of its capacity, the Applicant’s
contractor shall remove the accumulated sediment and utilize the same as site fill in order
to restore the sedimentation trap to its original design capacity.
6. Surface soil shall be stripped from the construction site and shall be stored in a surface soil
stockpile in the location delineated on the Erosion Control Plan. The surface soil stockpile
shall be sloped to a slope not to exceed 3:1. The surface soil stockpile shall be vegetated
with perennial ryegrass applied at the rate of 1 pound per 1,000 square feet. Mulch shall
be applied at the rate of 80 pounds per 1,000 square feet and shall be spread by hand or
with a mulch blower. Silt fence or staked haybales shall be installed along the downgradient
periphery of the surface soil stockpile.
7. Site drainage shall be installed in accordance with a plan entitled “Grading Plan of 2040
New London Turnpike (AKA CT RT 32) Uncasville, Connecticut Prepared For: Amer
Choudrey October 3, 2022 Drawing Scale: 1” = 30’ Sheet No. 3 of 5 Job No. 21-001048
Drawn By: DC Fedus Engineering, LLC Civil Engineers Mailing Address: 70 Essex Street
Mystic, Connecticut 06355 Office: (860) 536-7390 Fax: (860) 536-1644” (the “Grading
Plan”). Upon the installation of catch basins, silt sacks or equal shall be installed in each
catch basin in order to prevent the introduction of stormwater into the stormwater system
until such time as the construction of the stormwater system has been fully completed and
the site has been stabilized.
8. In areas of proposed building construction, the site shall be backfilled with clean bankrun
gravel material which will be compacted in lifts as delineated by the Applicant’s design
engineer. Footings and frost walls for the proposed convenience/gasoline facility shall be
installed in accordance with the design developed by the Applicant’s architect.
9. Building construction and other site development, including the installation of fueling
facilities, fuel storage tanks and other structures shall proceed in accordance with the
design plans.
10. The improved portion of the project site shall be graded in accordance with the Plan.
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11. Landscaped areas of the project site shall be stabilized by spreading stockpiled surface soil
at a thickness of not less than 4 inches. Areas to be seeded will be prepared by spreading
ground limestone equivalent to 50 percent calcium plus magnesium oxide applied at a rate
of 50 pounds per 1,000 square feet. Fertilizer (10-10-10) is to be applied at a rate of 7.5
pounds per 1,000 square feet. Following the initial application of lime and fertilizer, there
are to be no periodic applications of lime and fertilizer.
12. The maneuvering isles and parking areas shall be prepared for bearing coat application by
installing not less than 12 inches of compacted bankrun gravel subbase, covered by not less
than 6 inches of compacted processed gravel base material and thereafter finished with a
two-coat application of 3 inches of compacted Class 2 bituminous concrete placed in 1.5
inch lifts.
12. Bituminous concrete lip curbing shall be installed in the areas depicted on the Plan.
13. All sediment shall be removed from the temporary sedimentation basin in order to recreate
the design of the permanent stormwater quality/detention basin as depicted on the Plan.
14. Proposed Control Structure 1 shall be installed in the water quality/detention basin together
with the 15 inch HDPE outfall pipe, plunge pool, grass swale and rip rap interconnection
area with the 42 inch culvert under Podurgiel Lane. The proposed grass swale as delineated
on Sheet 2 of 3 of the Plan shall be formed, loamed with not less than 4 inches of topsoil
and stabilized as hereinafter set forth. Orifices in the stormwater detention basin shall
remain plugged until such time as the grass swale has been fully vegetated and stabilized.
15. The Applicant shall place not less than 6 inches of topsoil with not less than 7 percent
organic content in all areas of the stormwater quality/detention basin. The rip rap stone
berm separating the sediment forebay from the detention basin shall be installed in
accordance with the Plan. The basin shall be planted by installing New England erosion
control/restoration mix or equal. The New England erosion control/restoration mix
contains a selection of native grasses and wildflowers designed to colonize generally moist,
recently disturbed sites where quick growth of vegetation is desired to stabilize the soil
surface. This mix is particularly appropriate for water quality/detention basins which do
not normally hold standing water. The plants in this mix can tolerate infrequent inundation
but not constant flooding. The New England erosion control/restoration mix contains the
following species: switchgrass, Virginia wild rye, creeping red fescue, fox sedge, creeping
bent grass, silky wild rye, nodding burr-marigold, soft rush, grass-leaved goldenrod,
sensitive fern, jo-pye wheat, boneset, flat-top aster, New York aster and blue vervain. The
seed mix shall be applied at a rate of 1 pound per 1,245 square feet of disturbed area.
16. When the site is stabilized, silt sacks and erosion control measures shall be removed.
MAINTENANCE REQUIREMENTS
1. As delineated in the General Procedures section of this Narrative, the Applicant shall,
during construction of the project, be responsible for inspecting all erosion control
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measures on a weekly basis and after each storm event resulting in a discharge of
precipitation.
2. At any time that sediment reaches one-half the height of the silt fence or hay bales the
sediment shall be removed and utilized as site fill on the Property.
3. The temporary sedimentation trap shall be inspected in accordance with the inspection
schedule required pursuant to the General Procedures section of this Narrative. At such
time as the temporary sediment trap is filled to 50% of its capacity, excavation equipment
shall be introduced into the temporary sediment trap and all collected sediment shall be
excavated and removed from the sediment trap to restore the temporary sediment trap to
its design capacity. Removed sediment shall be utilized as structural site fill on the project
site.
4. Inlet sediment control devices shall be inspected weekly and after every storm event
resulting in a discharge of precipitation and cleaned as necessary. If any inspection
discloses any breach in an inlet sediment control device, the inlet sediment control device
shall be replaced immediately.
PERMANENT MAINTENANCE SCHEDULE
1. All parking areas, roadways, sidewalks, driveways and other impervious areas (other than
rooftops) shall be swept clean of sand, litter and other possible pollutants twice each year,
once between November 14 and December 15 (after leaf fall has concluded) and once
during the month of April (after the possibility of further sanding has ended). All material
accumulated as a result of the sweeping activities shall be disposed of in accordance with
law.
2. All catch basin sumps shall be cleaned at least once per year between the period April 15
and May 30. All material cleaned from catch basin sumps shall be disposed of in
accordance with law. Catch basins shall be inspected in accordance with the protocol
contained in the stormwater management report.
3. Except during the grow-in period, the stormwater quality/detention basin shall be inspected
twice annually in April and December. At such time as accumulated sediment attains a
depth of 12”, accumulated sediment shall be removed and disposed of in accordance with
law.
4. The Applicant shall be responsible for compliance with all of the terms and provisions of
this Narrative, including adherence to the maintenance requirements contained in this
section hereof.
DELINEATION OF NO FEASIBLE AND PRUDENT ALTERNATIVES
As stated above, the Applicant’s parcel of real property was created prior to the adoption
of Inland Wetland Regulations in the State of Connecticut and the Town of Montville. The site has
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existed in its current configuration since the adoption of those regulations. 1 No portion of the site
was ever thereafter conveyed thereby reducing the amount of buildable area on the site.
The site is located in a C-2 Commercial Zoning District and in the Route 32 Overlay
District pursuant to the Town of Montville Zoning Regulations. Pursuant to the provisions of
Section 11.2.11 of the Montville Zoning Regulations, a convenience/gasoline sales establishment
is a use permitted as of right in the C-2 Zoning District. A hotel facility is also a use permitted as
of right in the C-2 Zoning District.
The footprint on the property contemplated for occupation of the developed site for the
proposed gasoline/convenience store facility is similar to but less than that which was approved
by the Town of Montville Inland Wetlands and Watercourses Commission for the proposed 54-
unit hotel facility.
In formulating a proposal for the development of this site, the Applicant has been cognizant
of (i) the prior development initiative which was approved by the Montville Inland Wetlands and
Watercourses Commission and (ii) the wetland resources which predominate the site. In order to
facilitate potential commercial development on this parcel, the Applicant’s predecessor in title
applied to and received from the Town of Montville Zoning Board of Appeals a front yard setback
variance allowing encroachment of 15 feet into the front yard setback which was then required by
the Town of Montville Zoning Regulations. This variance eliminated the need for significant
additional filling of inland wetlands on the site.
The Applicant had originally contemplated the development of a 5,000 square foot
convenience store facility with 20 gasoline pumping points and 2 diesel fuel pumping points.
However, after an evaluation of the location and extent of the wetlands on the property, the
development initiative was scaled back to the proposed 4,960 square foot building with 12
proposed gasoline fueling points and 2 proposed diesel fueling points. The design proposal which
is hereby submitted to the Town of Montville Inland Wetlands and Watercourses Commission for
consideration and approval has been chosen due to the fact that this design accomplishes the
following objectives: (a) it concentrates development in the areas of the upland soils located in the
easterly portion of the site and the previously filled Leicester soils which were located in the central
portion of the site while avoiding any impact to the very poorly drained Whitman soil areas; (b) it
alleviates the need for any further filling or disturbance of inland wetlands and watercourses on
the Applicant’s property; (c) it allows the Applicant to control stormwater runoff from the site in
the most comprehensive manner and concentrates stormwater flows to the 42 inch reinforced
concrete pipe culvert which extends northerly under Podurgiel Lane while, in every design storm
event, reducing the peak runoff discharged from the developed site; and (d) the proposal allows
the Applicant a reasonable use of his property without the need to fill additional wetlands and
without raising confiscation issues while protecting the more valuable wetland resources located
in the westerly portion of the site.
1 With the exception of the fact that the Applicant’s predecessor in title also acquired an adjacent parcel of real property
to the north, which parcel of real property is shown as “N/F Rosalind Schuster, Jerrold M. Einhorn and Beatrice
Sumner” on the September, 1997 Site Plan prepared by Harris & Clark Inc.
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In conclusion, the Applicant has utilized best available management practices, reasonable
variances of the Zoning Regulations and a conservative site orientation in order to attain a
reasonable development of this site thereby protecting the most valuable wetland resources located
in the westerly portion of and to the west of the Applicant’s site.