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HomeMy WebLinkAbout25IWC25-428 Fire St-Staff Report 2 dated 11-20-25H:\IWC\Applications\2025\25IWC25 - 428 Fire Street (repair to driveway & installation of pipe in wetlands & URA; regulated activities)\Staff\25IWC25-428 Fire St-Staff Report 2 11-20-2025.docx MEMORANDUM FOR THE RECORD APPLICATION# 25 IWC 25 REGULAR MEETING – THURSDAY, NOVEMBER 20, 2025 Prepared by Stacy Radford, Zoning & Wetlands Officer Owner/Applicant: Mark Desrosier Address: 428 Fire Street (014-003-000), Oakdale Date of Receipt: September 19, 2025 Date Received by IWC: October 16, 2025 (DRD – December 20, 2025) 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 (see Inspection Report 9-18-2025 attached). 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, both of which are in your packets. • On September 23, 2025 I referred this Application and supporting documents out to the Town Soil Scientist, Robert Russo for his comments. It was agreed that a site inspection would be necessary for a better understanding of what had actually occurred on site. • On October 7, 2025 myself, Assistant Planner Meredith Badalucca, the property owner and Town Soil Scientist Robert Russo met at the property. The property owner explained to Mr. Russo what activities had occurred and on October 8, 2025 I received comments from H:\IWC\Applications\2025\25IWC25 - 428 Fire Street (repair to driveway & installation of pipe in wetlands & URA; regulated activities)\Staff\25IWC25-428 Fire St-Staff Report 2 11-20-2025.docx the Town Soil Scientist, explaining his findings and recommendations, a copy of which is attached. • On October 14, 2025 the property owner contacted me and advised that he has hired Certified Soil Scientist Richard Snarski to delineate the wetlands on his property. On October 15, 2025 myself and Assistant Planner Meredith Badalucca conducted a site visit and I have prepared the attached Inspection Report showing the areas which Mr. Snarski delineated. 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 • 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 September 23, 2025 and comments were received on October 8, 2025 (a copy is attached). NEW STAFF COMMENTS: • A site walk was conducted on Saturday, November 15, 2025 @ 3 p.m. Vice Chair Occhialini, Commissioners Majewski and Vellucci were in attendance on behalf of the IWC, the property owner, Mark Desrosier was present as the Applicant, and I was present as Staff. H:\IWC\Applications\2025\25IWC25 - 428 Fire Street (repair to driveway & installation of pipe in wetlands & URA; regulated activities)\Staff\25IWC25-428 Fire St-Staff Report 2 11-20-2025.docx STAFF RECOMMENDATION: Staff recommends the IWC continue the application to the next regularly scheduled meeting on December 18, 2025; giving the property owner sufficient time to hire a Professional Engineer and Soil Scientist to prepare and submit a Wetland Restoration Plan, in accordance with the Town’s Soil Scientist, Robert Russo’s recommendation of October 7, 2025. If the Commission is inclined to allow the Applicant addition time to submit a Wetland Restoration Plan, a Motion is set forth below: MOTION “A” (to continue to the next meeting) I make a Motion to continue Application #25 IWC 25 – 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, until the next regularly scheduled meeting on December 18, 2025, for additional time to have a Professional Engineer and Soil Scientist prepare and submit a Wetland Restoration Plan to this Commission.