HomeMy WebLinkAbout26IWC3-Staff Report 5 dated 7-16-2026H:\IWC\Applications\2026\26IWC3 - 428 Fire Street (after-the-fact permit for work within wetlands and URA; regulated activity)\Staff\26IWC3-428 Fire St-Staff Report 5 7-16-2026.docx
MEMORANDUM FOR THE RECORD
APPLICATION# 26 IWC 3
REGULAR MEETING – THURSDAY, JULY 16, 2026
Prepared by Stacy Radford, Zoning & Wetlands Officer
Owner/Applicant: Mark Desrosier
Address: 428 Fire Street (014-003-000), Oakdale
Date of Receipt: February 20, 2026
Date Received by IWC: March 19, 2026 (DRD – May 23, 2026)
Applicant Request: Regulated activities within the wetlands and upland review area for repairs
to an existing driveway due to flooding.
Activity Description:
Wetland Disturbance Area 0 sq ft (per Applicant) Watercourse/Waterbody Disturbance Area 0 LF (per Applicant) Upland Review Disturbance Area 0 sq ft (per Applicant)
STAFF COMMENTS IN REVIEW:
• This Application is for an after-the-fact permit for regulated activities in conjunction
repairs that the property owner made to an existing driveway due to flooding.
• On September 2, 2025 I received a potential complaint for someone working within
wetlands and/or the upland review area on this property. Myself and Assistant Planner
Meredith Badalucca conducted an inspection which revealed an excavator parked in what
appeared to be the upland review area and obvious soil disturbance (see Inspection Report
9-2-2025 attached).
• A Notice of Apparent Violation was forwarded to the property owner on September 4,
2025 with a request for compliance within 7 days.
• The property owner contacted me on September 9, 2025. I explained what was observed
during my September 2, 2025 inspection and the property owner advised that he “expanded
the driveway and I did disturb soil”. I advised the property owner to immediately cease all
activity other than to install silt fence to protect the wetlands.
• The property owner advised that all work had been completed and agreed to an onsite
meeting where he could explain what he had done.
• On September 18, 2025 myself and Assistant Planner Meredith Badalucca met with the
property owner. In light of what we observed on site, we advised the property owner that
an after-the-fact permit would be required by this Commission.
• On September 19, 2025 the property owner submitted an Application and a hand-drawn
site plan under Application #25 IWC 25. During the review process of this Application,
additional information was required and the date to render a decision was expiring so the
Applicant chose to Withdraw that Application and re-apply.
• On February 20, 2026 the Applicant submitted a new Application and supporting
documents. These documents were referred to the Town Soil Scientist on February 25,
2026 and comments were received back on March 3, 2026 (copy attached). Town Soil
Scientist Bob Russo indicates in his comments that “The materials submitted to date do not
constitute an adequate mitigation plan or stream crossing design. A survey plan showing
the wetlands boundary, topography, and other relevant features needs to be prepared to
H:\IWC\Applications\2026\26IWC3 - 428 Fire Street (after-the-fact permit for work within wetlands and URA; regulated activity)\Staff\26IWC3-428 Fire St-Staff Report 5 7-16-2026.docx
serve as a base plan upon which the engineer and soil scientist can lay out the wetland
restoration plan in full detail. Section 7 of the Montville IWC regulations provides
guidance as to what constitutes a complete applicant.”
• On March 5, 2026 the Town Soil Scientist’s comments were forwarded to the Applicant
and no response has been received to date.
• At the last meeting of March 19, 2026 this Commission found the submitted Application
and supporting documents to be incomplete. The Applicant indicated that he would have
Boundaries complete a new Plan for submission. To date, no new documents have been
submitted.
• On April 2, 2026 Staff spoke with John Faulise from Boundaries and he confirmed that he
has been retained by the property owner to prepare a submittal but could not provide me
with an estimated date of expected submission.
• On May 18, 2026 Staff spoke with the Applicant, Mark Desrosier who advised that the
Boundaries had been out to the property and has completed the survey portion of the Plan
and the Civil Engineer is awaiting receipt of the Survey in order to finalize his Plans in
accordance with Town Soil Scientist’s comments of March 3, 2026.
• The Applicant sent an email requesting a 65 day Extension of Time to July 27, 2026.
• On May 26, 2026 Staff forwarded a copy of the Town Soil Scientist comments of May 26,
2026 to the Applicant, Mark Desrosier, his Engineer, John Martucci and his Land Surveyor,
John Faulise. Mr. Desrosier requested that I only communicate with him directly.
• On June 12, 2026 I sent the Applicant, Mark Desrosier a follow up email requesting the
final version of the Wetlands Report and Restoration Plan from his Soil Scientist; including
details of the proposed contours, stream channel limits, stream channel restoration, soil
specifications, a future inspection schedule and proposed wetland plantings; as requested
by the Town Soil Scientist. I additionally requested a final report from the Engineer
constituting the final design of the wetland/stream crossing, overlayed with the Mitigation
Plan to be supplied by his Soil Scientist; also requested by the Town Soil Scientist. To
date, nothing has been received.
• This Commission, at the May 21, 2026 meeting, agreed to a 65 day extension of time to
July 27, 2026.
PROPERTY HISTORY:
• 6/20/1998 – Zoning Permit for the construction of SFR
• 10/19/1998 – Zoning Permit for a “root cellar”
• 1/20/1999 – Variance for a front yard setback
• 8/12/1999 – Notice of possible wetlands violation
o Notes obtained from the file reveal the following: A large dirt pile has been pushed
into the existing waterway. Extensive excavation in a possible wetland area has
occurred. A soil map, by a Certified Soil Scientist must be submitted to determine
the necessity of a wetlands permit.
• 3/21/2000 – Notice of possible wetlands violation
o Notes obtained from the file reveal the following: Continued work within the URA
and wetland area.
• 4/26/2000 – IWC Application for construction of SFR
• 7/30/2000 – IWC Application for construction of driveway & fill
H:\IWC\Applications\2026\26IWC3 - 428 Fire Street (after-the-fact permit for work within wetlands and URA; regulated activity)\Staff\26IWC3-428 Fire St-Staff Report 5 7-16-2026.docx
• 8/17/2000 – IWC Permit issued for construction of SFR and driveway in the URA
• 9/8/2004 – Notice of zoning violation
• 2/6/2006 – Notice of zoning violation
• 3/1/2006 – Notice of possible wetlands violation
o Notes obtained from the file reveal the following: A structure is being built within
the wetlands without permits.
• 7/13/2007 – IWC Application for construction of SFR (previously issued permit expired)
• 8/16/2007 – IWC Permit (after-the-fact) issued for construction of SFR with same activity
as previously permitted.
• 8/17/2007 – Zoning Permit for construction of SFR
AGENCY COMMENTS:
• Town Soil Scientist – The referral for comments was forwarded on February 25, 2026
and comments were received on March 3, 2026. Additional documents; including a
Topographical Survey showing existing conditions, hand-drawn Wetland Plan with
proposed activities, and a hand-drawn Engineer’s Report showing the overflow trench
were referred for comments on May 20, 2026. Comments were received on May 26,
2026, a copy of which is attached hereto. On June 16, 2026 a revised version of the
Wetland Restoration Plan was received, as well as a second hand-drawn sketch from the
Engineer. On July 15, 2026 a signed revised version of the Wetland Restoration Plan
prepared by Boundaries, LLC was received and forwarded for review and comments.
Comments were received on 7/16/2026 and forwarded to Applicant.
NEW STAFF COMMENTS:
• On July 15, 2026 a fully executed, revised Wetland Restoration Plan prepared by
Boundaries, LLC was received and forward to the Town Soil Scientist and Engineer for
his review and comments. The Plan includes notes from the Applicant’s Soil Scientist,
Richard Snarski to include the following:
o Provide an additional 37 +/- linear feet of sediment fence at edge of water prior to
the removal of fill.
o Remove silt and sediment to elevation of the adjacent wetland (450 +/- SF) finished
grade = 164.8 +/-. Removal of silt, sediment and fill to be conducted to minimize
disturbance of existing underlying native soil.
o Plant wetland plants 1’ off center to include soft rush, soft stem bullrush, wool
grass (as specified in the upper right portion of the Plan)
The Plan also includes notes from the Applicant’s Professional Engineer, John Martucci to
include the following:
o Install proposed embankment drainage system to include (2) 24” x 24” x 17’ cast-
in-place concrete blocks with 6’ between to allow for proper site drainage. Bottom
of drainage course elevation to match invert elevation 164.8 +-/ (as specified on
the left portion of the Plan)
o Regrade and/or restore gravel driveway to eliminate stormwater runoff to adjacent
inland wetland areas.
H:\IWC\Applications\2026\26IWC3 - 428 Fire Street (after-the-fact permit for work within wetlands and URA; regulated activity)\Staff\26IWC3-428 Fire St-Staff Report 5 7-16-2026.docx
• The Plan further states the following:
o During the period of construction, the Applicant will be responsible for the
“installation and maintenance of all erosion and sediment control measures. Said
measures shall be inspected weekly and after each rainstorm with greater than 0.5”
of rainfall in a 24-hour period. Accumulated deposits of sediment and silt shall be
periodically removed from the upstream side of the erosion and sediment control
barriers, and upon establishment of permanent vegetative cover. Such materials
removed shall be spread and stabilized in non-wetland areas that are not subject to
erosion, and are not to be paved or built upon. The sediment fence and other
erosion and sediment control measures shall be repaired, cleaned and/or replaced
as necessary throughout the construction period; until final grading and
stabilization has been completed.”
o The Applicant agrees that “all temporary fill, storage or stockpile areas shall be
properly stabilized to prevent erosion and suitably contained to prevent turbid
runoff. All areas affected by temporary fills must be restored to their original
contours, and revegetated with suitable vegetation prior to the completion of
construction.”
o The Applicant has indicated “disturbance of the land shall be limited to the
minimum extent necessary to complete the proposed work. All existing trees and
shrubs shall be conserved where possible, except those whose removal is required
to perform the proposed work.”
o The Applicant further states that “All activities shall be in conformance to and
consistent with all applicable water quality standards and management practices as
set forth by local, State and Federal agencies.”
• Comments from the Town Soil Scientist and Town Engineer dated July 15, 2026 were
received and forwarded to the Applicant for his response.
• Staff spoke with the Town Engineer who has agreed that these comments could be made
Conditions of Approval if the Commission so chose and Staff would recommend same.
A simple statement, signed and sealed by each of the professionals would suffice. If they
could or would not certify that the proposed crossing would not adversely impact the
wetlands system or the peak flow rates and volumes downstream of the crossing then no
permit should be issued and/or the proposed crossing should be reconstructed.
• The alternative would be to DENY the Application and require that the Applicant re-
apply or if he chose not to re-apply then this Commission could hold a Show Cause
Hearing as this is still an active wetland violation. As a reminder, the Applicant has
already requested a 65-day extension of time, which expires on July 27, 2026.
CONSIDERATIONS FOR ACTION:
If the Commission is inclined to approve, WITH CONDITIONS, the request of the Applicant for
a permit for proposed activity, the following language for a Motion of Approval is suggested:
After giving due consideration to all relevant factors including those in Section 10 and/or Section
6 of the Montville Inland Wetlands and Watercourses Regulations and Section 22a-41 of the
Connecticut General Statutes, I move to approve Application #26 IWC 3 – 428 Fire Street (Parcel
ID: 014-003-000), Oakdale, CT – Owner/Applicant: Mark Desrosier for regulated activities
within the wetlands and upland review area for repairs to an existing driveway due to flooding,
H:\IWC\Applications\2026\26IWC3 - 428 Fire Street (after-the-fact permit for work within wetlands and URA; regulated activity)\Staff\26IWC3-428 Fire St-Staff Report 5 7-16-2026.docx
per the Application and associated documents submitted on February 20, 2026 and plan entitled,
“Topographic Survey – Wetland Restoration Plan prepared for Mark A. Desrosier & Alexandra
Cortes-Rodriguez, 428 Fire Street, Montville, Connecticut, dated July 2026”; with the following
Conditions of Approval:
1. That the Applicant’s Soil Scientist certify in writing, signed and sealed, that “the
driveway crossing as proposed will not adversely impact the wetland system upstream or
downstream.”
2. That the Applicant’s Professional Engineer certify in writing, signed and sealed, that “the
driveway crossing as proposed will not adversely impact peak flow rates and volumes
downstream of the crossing.”
3. These certifications must be received prior to July 26, 2026.
Standard reasons for approval and standard conditions of approval apply.
If the Commission chooses to deny said Application, reasons for denial must be stated.
Page 1 of 1
7/15/2026
CLA Engineers, Inc. | 317 Main Street, Norwich CT 06360 | 860.886.1966 | www.claengineers.com
July 15, 2026
Stacy Radford
Zoning & Wetland Officer – Dept. of Land Use & Development
Town of Montville
310 Norwich-New London Tpke., Uncasville, CT 06382
Via Email: sradford@montville-ct.org
RE: Inland Wetland Application
428 Fire Street
CLA-7873R
Dear Stacy,
CLA has reviewed recently submitted documents as part of an application to remediate a previously
documented wetland violation on the 428 Fire Street site. The documents are located on the Town
Form Repository:
https://www.townofmontville.org/form-repository/26-iwc-3-428-fire-st-after-the-fact-permit-
regulated-activities/
We offer the following comments on the latest plans:
1. The restoration area and grade indicated on the plan appear appropriate.
2. Any excavated fill should be removed and disposed of offsite, or beyond the regulated
area.
3. A brief review of available aerial imagery indicates that some form of a driveway crossing
has been in existence at this location since at least 1990. The driveway crossing is at the
base of and approximately 185-acre watershed (from USGS Streamstats). Based on the
staff reports, a portion of this work appears to be response to flooding at the location. The
Engineer should document:
A. That the driveway crossing as proposed will not adversely impact the wetland system
upstream or downstream.
B. That the driveway crossing as proposed will not adversely impact peak flow rates and
volumes downstream of the crossing
Thank you for the opportunity to provide this review. Please feel free to call me at our office or
email khaubert@claengineers.com with any questions.
Very truly yours,
CLA Engineers, Inc.
Kyle Haubert, P.E.
CLA Engineers, Inc.
Civil Structural Survey
317 MAIN STREET NORWICH, CT 06360 (860) 886-1966 (860) 886-9165 FAX