Conservation Commission - Minutes - 02/09/2023

MEETING MINUTES
Conservation Commission
February 9, 2023 6:30 PM
Waterford Town Hall
Members Present: Matthew Keatley, Dave Lersch, Tali Maidelis, Rich Muckle, Wade
Thomas
Members Absent: Geneva Renegar
Alternates Present: Ivy Plis =
Alternates Absent: Bud Bray -|
Staff Present: Maureen FitzGerald, Environmental Planner 2
Leanne Santos, Recording Secretary te
1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES 2 ras
The meeting was called to order at 6:34p.m. I. Plis was seated for the vacant aN
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és
2. APPROVAL OF THE January 26, 2023 MEETING MINUTES \
T. Maidelis noted on page 3 the discussion regarding marking the wetland buffer limit, the
applicant’s agent agreed to mark the wetland buffer limit to identify the limits of activity.
Motion: Motion made by M. Keatley, second by W. Thomas to approve the January 26,
2023 meeting minutes.
Vote: 6-0-0
3. PUBLIC HEARING
C-22-14, 109R & 131 Clark Lane, 47 Unit Residential Development, Leo J. & Mary P.T.
Archambault, Trustees, Owner; Kingstown Properties, LLC, Applicant; David Held, P.E., L.S.,
Provost & Rovero, Inc., Agent
R. Muckle, Chairman opened the public hearing. Staff noted the exhibit list contains exhibits 1
thru 37 at this time. Attorney Branse acknowledged receipt of updated exhibit list. M.
FitzGerald entered exhibits #38 thru #46 into the record and distributed copies to the
Commission and applicant’s representative.
EXHIBIT #1 Application Form/Supporting documents (6 pages)
2. Wetland delineation report dated 5/6/2021, prepared by
Joseph R. Theroux
3 Wetland function & value and impact assessment report dated 8/11/2022, prepared by
Joseph R. Theroux
4 Storm Drainage Report dated 10/10/2022, prepared by
Provost & Rovero, Inc.
m) Site Plan (sheets 1-21) entitled, “Proposed Affordable Housing Development” 109R &
131 Clark Lane, Waterford, CT, prepared by Provost & Rovero, Inc; dated 05/14/2022,

Conservation Commission Minutes
February 9, 2023
p.20f7
10
11
12
13
14
15
16
17
20
21
22
23
24
revised through 12/5/2022
Alternate Site Plan 1, prepared by Provost & Rovero, Inc.,
dated 12/06/2022
Alternate Site Plan 2, prepared by Provost & Rovero, Inc.
dated 12/06/2022
Alternate Site Plan Narrative prepared by Provost & Rovero, Inc.
dated 12/06/2022
Letter to Kingstown Properties, LLC dated 1/6/2023, public hearing
requirements
Notice of public hearing printed in The Day newspaper on Thursday
01/12/2023 and Thursday 01/19/2023
Certificates of mailing receipts for notice of public hearing sent to all
property owners within 100 feet of subject property, list of property
owners within 100 feet of the subject property, submitted by Halloran
Sage LLP dated 01/12/2023
Notification of application to the City of New London, sent by
Provost & Rovero, pursuant to section 8.2 of the Waterford Inland
Wetlands and Watercourses Regulations, dated 12/06/2022
Notification of application to the City of New London, sent by
Waterford Conservation Commission pursuant to section 8.4 of the Waterford Inland
Wetlands and Watercourses Regulations, dated 12/14/2022
Request for application fee for independent consultant review sent to
Kingstown Properties, LLC dated 01/06/2023
Petition started by Ashley Roselund from facebook, submitted by
Atty. M. Branse at the public hearing on 01/26/23
Peer review from SLR International Corp. dated
01/26/23.
Review letter submitted by Carya Ecological Services, LLC, Sigrun Gadwa 01/26/23
Comment letter submitted by Christine Haase 01/26/23
Comment letter submitted by Arlene Sherman 01/26/23
Comment letter submitted by Robert Roselund 01/26/23
Correspondence received from Halloran Sage regarding hearing notification dated
01/30/23
Attachment to Carya Ecological Services Review: 2009 and 2012 University of New
Hampshire Reports, Bioretention Systems, submitted 02/06/23
Attachment B: to Carya Ecological Services Review of proposed Clark Lane Residential
Development, January 2023, submitted 02/06/23
Connecticut Watershed Response Plan for Impervious Cover, CTDEEP 2015, from A.
Sherman & C. Haase, submitted 02/06/23

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February 9, 2023
p. 3 of7
25
26
27
28
29
30
31
32
33
34
35
36
37
Southeast Shoreline (CT2000) Summary, CTDEEP, Fenger Brook (CT2000-30-01), from
A. Sherman & C, Haase, submitted 02/06/23
Provost & Rovero, Inc. responses to SLR review comments and issues raised at public
hearing, dated February 6, 2023.
Joseph R. Theroux response to Carya Ecological Services LLC and SLR International
Corporation reports, dated 2/3/2023
Supplemental Storm Drainage Report, Proposed Affordable Housing Development, Clark
Lane, dated February 5, 2023, prepared by Provost & Rovero, Inc.
Revised Site Plans (sheets 1-21) entitled, “Proposed Affordable Housing Development”
109R & 131 Clark Lane, Waterford, CT, prepared by Provost & Rovero, Inc; dated
05/14/2022, revised through 2/5/2023
Alternate Site Plan No. 3, prepared by Provost & Rovero, Inc.,
Revised through 2/5/2023
Curriculum vitae, Sigrun N. Gadwa, MS, PWS
Review letter part 2 submitted by Carya Ecological Services, LLC,
Sigrun Gadwa, dated 2/7/2023
Attachment to review letter part 2 submitted by Carya Ecological Servcies, LLC, Sigrun
Gadwa, dated 2/7/2023
Waterford Woods development site plan (5 sheets) submitted by
Halloran Sage, 2/7/2023
Waterford Heights development site plans (2 sheets) submitted by
Halloran Sage, 2/7/2023
Application review part 1; revised, submitted by Carya Ecological
Services, LLC, submitted 2/8/2023
Revised Curriculum vitae, revised Sigrun N. Gadwa, MS, PWS received
2/8/2023
Submitted During Feb. 9, 2023 hearing
38
39
40
41
42
43
44
109R & 131 Clark Lane Parcel Located in Jordan Brook Watershed Area, submitted by
M. FitzGerald, 2/9/2023
Comment letter submitted by Shirley Sherman, 2/9/2023
Comment letter submitted by Arlene Sherman, 2/9/2023
Review of Stone Gate Village, submitted 2/9/2023
Map of wetland and stormwater basins submitted by Carya Ecological Services, LLC,
2/9/2023
Email from Sigrun Gadwa to accompany map of wetland and stormwater basins,
2/9/2023
Correspondence from Carya Ecological Services, LLC Response to Applicant’s rebuttals,

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February 9, 2023
p.4o0f7
housekeeping for the public record, 2/9/2023
45 Memorandum from Atty Mark Branse to Waterford Conservation Commission, 2/9/2023
46 List of Requested Information, items 1 — 8, submitted by Arlene Sherman & Christine
Haase, 2/9/2023
47 Photos of red maple trees submitted by Joseph Theroux, 2/9/2023
48 Provost & Rovero, Inc. responses to Carya Ecolofgical Services, LLC report, with detail
plan of bioretention ISR system, 2/9/2023
49 Correspondence submitted by Robert H. Roselund Jr., 2/9/2023
50 Correspondence submitted by Robert Roselund III, 2/9/2023
51 Comments submitted by Christine Haase re: Urban Forests, 2/9/2023
52 Presentation materials prepared by Carya Ecological Services, LLC , 3 presentation
boards
Attorney M. Branse and D. Held, P.E. (Provost & Rovero, LLC) were present for the applicant.
Attorney Branse advised the commission that he, D. Held and the applicant escorted S. Gadwa of
Carya Ecological Services, LLC on a review of the site on February 3, 2023 and S. Gadwa
collected samples. Attorney Branse advised the commission that revised plans were submitted in
response to review comments submitted by SLR, as well as a revised storm water report. He
referenced site plans submitted from the Waterford Heights and Waterford Woods permitted
developments, comparing the proximity and depth of basins approved adjacent to wetlands to
those proposed in the current application. He stated no public comments against those projects
were made.
Attorney Branse explained Alternate 3 was submitted in response to comments regarding
maintaining the existing stormwater discharge from Clark Lane to the upland area instead of the
stormwater basin. He indicated he did not believe that is what the plan should contain but
offered the alternative to the Commission.
He responded to comments made during public testimony at the January 26, 2023 hearing
session regarding lighting impacts, site maintenance responsibility of the owner, the upland
buffer separation from the wetland, the units will be 15 ft. apart and that stumps would not be
buried on site.
D. Held P.E. reviewed the plan revisions incorporated to address peer review comments offered
by SLR and comments raised at the January 26, 2023 public hearing session. He reviewed
revisions included in the ESC sequence, sediment basin de-watering, bioretention basin design
and pollutant removal capacity of the revised internal reservoir storage area as described in
written responses from Provost & Rovero, Inc. dated February 6, 2023 (exhibit# 26).
D. Lersch questioned the changes to the design of the bio retention basin and the improvements
to stormwater renovation from the change. He noted that treating stormwater from Clark Lane
would be a good alternative to the extension of the discharge to the eastern property border. He
asked what would be the flooding impacts during a 100 year storm event. D. Held answered the

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February 9, 2023
p. 5 0f7
typical drainage system design is based on a 10 year storm which is the DOT standard. In the
100 year storm, temporary flooding would occur in low points of site.
D. Lersch asked about the roof discharge of the 3 units to the upland review area. D. Held
responded they are neutral on the drains, if the commission feels the alternate plan with the roof
drains to the ground are the plans that are approved it will be included, but they stand by the
original design.
I. Plis asked what party is responsible for the maintenance plan for detention basins. D. Held
answered the property owner is responsible. A maintenance plan is included on the site plans.
He reviewed the proximity of the basin grading to the south property boundary is 6 - 7 feet from
property line, but any noticeable grading will not be visible until approximately 20 feet into
property. He also noted the units will be anchored to the concrete slabs and a possible fuel
source would be propane.
W. Thomas asked if the drainage discharge for alternate #3 will require a drainage easement
from City of New London. Attorney M. Branse answered there is no easement in favor of the
Town of Waterford to currently drain onto the property, the plan proposes to provide an
easement. The alternate plan includes a level spreader constructed on the applicant’s property.
W. Thomas asked if the base of the bioretention system will be lined under the internal reservoir.
D. Held answered bottom material will be an impermeable base layer created from on-site
materials.
R. Muckle asked for clarification of the proposed run-off discharge from Clark Lane, if it will be
collected into the treatment system. D. Held answered they have not changed their intention to
collect and treat the Clark Lane discharge, only provided an alternate due to comments from the
last meeting.
W. Thomas asked about the existing outfall, was there any evidence of erosion or long distance
sediment transport. D. Held answered there is an eroded ditch that extends 60 feet past end of
pipe. W. Thomas noted he does not support extending the existing discharge closer to the
wetland resource.
Joseph Theroux, Certified Forester/Soil Scientist read his report dated 2/3/23 (Exhibit #27). J.
Theroux entered photos of red maple trees (Exhibit # 47) and gave a description of each picture.
He stated he does not feel channel erosion is likely adjacent to Fenger Brook, there is close to
500 feet between the level spreader discharge and the brook. He reviewed responses to Carya
Ecological Services part 2 report, explaining he disagrees with potential impacts to trees on
adjacent properties and he does not believe there will be indirect adverse impacts to wetland
functions from loss of mature trees, noting the upland buffer of mature forest provided between
the development and the wetlands. He noted he does not believe the proposed activity will make
a big difference in mosquito population.
R. Muckle asked about the potential turtle habitat on the project site and how it will be addressed
during construction. J. Theroux responded he did not see any turtles present on his site visits, a
biologist study would have to be completed to determine presence, but a perimeter exclusion
fence is a control measure to protect turtles. D. Held added that the proposal requires the

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February 9, 2023
p. 60f7
applicant to register with CT DEEP for a construction stormwater permit, which requires
consultation with the Natural Diversity Database for species of concern.
D. Held entered his response dated February 7, 2023 to Carya Ecological Services, LLC report
with a detail plan of the revised bioretention ISR system, (Exhibit # 48).
Motion: Motion made by T. Maidelis, second by M. Keatley to call a five minute recess.
Vote: 6-0-0
8:39 hearing resumed
8:34 pm recess called
D. Held read a summary of his responses to the Carya Ecological Services, LLC Part 2 report.
Attorney M. Branse spoke of the list of possible conditions he submitted with a summary of
wording the commission may use, (Exhibit # 45).
R. Muckle opened the hearing to public comment, asking three times if anyone present would
like to speak in favor of the application. No one present spoke.
R. Muckle asked if anyone not in favor of the application would like to speak.
Robert Roselund, 121 Clark Lane, Waterford CT spoke against the project, (submitted exhibits
#49 & #50)
Nick Gauthier, 30 Norman Street, Waterford CT spoke against the project
S. Gadwa of Carya Ecological Services, LLC spoke as a hired professional representing
neighbors. She reviewed comments submitted in exhibit #32 and display boards submitted as
exhibits #52 and #53. S. Gadwa expressed concerns with loss of buffer vegetation, increased
erosion and suspension of fine particles due to stormwater discharge and potential impacts to
water quality. She discussed concerns with increased tree tipping, and resultant exposure of soils
and erosion impacts to receiving wetland and stream. She encouraged the Commission to read
her report and subsequent email submitted as Exhibit #43.
Staff stated the brook is part of the Jordan Brook watershed system and referenced (exhibit # 38).
Christine Haase, 117 Clark Lane, Waterford CT spoke against the project, requested an extension
of public hearing and submitted documents (exhibit # 51).
Arlene Sherman, 119 Clark Lane, Waterford CT spoke against the project and submitted written
comments for the record (exhibit # 40).
Rob Roselund, 121 Clark Lane, Waterford CT spoke against the project.
Carol Wilson, 107 Clark Lane, Waterford CT spoke against the project.
Chairman Muckle asked three times if anyone else would like to speak.

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February 9, 2023
p. 7 of 7
D. Held explained the forces associated with particle erosion and noted the discharge is not
enough to erode the receiving soils.
Attorney Branse stated they designed site plans in accordance with Inland Wetland Regulations,
accepted SLR’s recommendations and they are willing to have a turtle study done if commission
requires.
Motion: Motion made by T. Maidelis, second by M. Keatley to discuss continuation of
the public hearing. Discussion followed. Chairman R. Muckle polled the
commission members.
Vote: 4-2 (M. Keatley, D. Lersch voted to close hearing)
Public hearing will remain open and continue to the February 23, 2023 meeting held at the
Waterford Town Hall Auditorium at 6:30pm.
4. APPLICATION REVIEW
C-22-15, 130R Great Neck Road, New construction single family home and outbuilding, Dan
Russ, Owner; David Balfour, Applicant/Agent — staff has advised commission that applicant has
requested the application be tabled due to unforeseen circumstances.
5. NEW APPLICATIONS
C-22-16, 5 Harvey Avenue, New single family construction, Douglas Wiech, Owner &
Applicant
Application received and accepted.
6. VIOLATIONS
407 Boston Post Road: Unauthorized Fill Within and Adjacent to Inland Wetlands -
staff advised commission members, she is waiting for the property owner where the
violation occurred to agree to the restoration plan.
207 Waterford Parkway North: Unauthorized Clearing & Mowing Within and Adjacent
to Inland Wetlands - staff advised a corrective action notice was sent to property owner.
1 OTHER BUSINESS - None
8. PAYMENT OF BILLS
Motion: Motion made by W. Thomas, second by M. Keatley to approve payment of The
Day bill in the amount of $362.08.
Vote: 6-0-0
9. ADJOURNMENT
Motion: Motion made by W. Thomas, second by M. Keatley to adjourn at 10:15pm.
Vote: 6-0-0
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Pir Laba
Leanne Santos
Recording Secretary