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New applications: appl. # 741

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IWC 110514



Present were Cliff Thier, Chairman, Michael Beauchamp, Vice Chairman, Bob Breckinridge, Martha Dean, Jed Usich, Dean Applefield and John E. McCahill, Planning & Community Development Specialist.

Bryan Short was absent.
Chairman Thier called the meeting to order at 7:04 p.m.
APPL. # 741 – Philip Rotondo and Dolores R. Wiener, owners, 275 West Main Street,

Avon, CT; Rotondo Pizza House, Inc. c/o Dolores R. Wiener, owner, 279 West Main Street, Avon, CT; Country Realty Co. c/o New Country Motor Car Group, Inc., applicant: Requests within the 100’ upland review area: 1) Building; 2) Parking lot/sidewalk/decorative pavers; 3) Landscaping/grading/retaining wall to limits of disturbance (permanent & temporary); 4) Stormwater drainage outfalls (two); 5) Wetland mitigation areas: Location: 275 and 279 West Main Street, Parcels 4540275 & 4540279.

Present were Dean E. Gustafson, Professional Soil Scientist and John R. Whitcomb, Professional Engineer, All-Points Technology Corp., P.C., Tim Parker, General Manager, New Country Motor Cars Inc., Thomas J. Regan, Attorney at Brown Rudnick LLP, Dolores R. and Kurt Wiener, Philip Rotondo, and Attorney Robert M. Meyers, Meyers Piscitelli & Link LLP.
Mr. Thier stated that the Commission is aware of a petition requesting a Public Hearing.

The petition has been signed by at least twenty-five (25) persons as required in the Connecticut State Statues. As a result of the Commission receiving a petition which will require a Public Hearing, Mr. Thier requested that the applicant present a brief presentation to the Commission this evening. At the conclusion of the presentation, the Commission will formally vote on continuing this application to a Public Hearing to be held at the December 2, 2014 Inland Wetlands Commission meeting.

Mr. Tom Regan, Brown Rudnick LLP, stated that he is here this evening representing the applicant, New Country Motor Car Group, Inc.. He continued by stating that, after his brief presentation, Mr. Gustafson will present a brief overview of the proposed site plan in order to assist the Commissioners in having a clear orientation of the proposed project while conducting their site walks.

Mr. Regan stated that New Country Motor Cars Inc. is an owner/dealer for many brands of automobiles in the Hartford area. On July 15, 2014, Avon West Main LLC c/o New Country Motor Group petitioned the Planning & Zoning Commission for a regulation change that would allow for the sale and service of “Manufacturer Certified Pre-Owned Motor Vehicles”. The Planning & Zoning Commission adopted the text of the amendment and it became effective July 23, 2014.

Mr. Regan stated that the proposed project is located on two (2) parcels, 275 & 279 West Main Street, that totals approximately nine (9) acres. He continued by stating that the majority of the two (2) parcels is not suitable for development. Mr. Regan stated that, in his opinion, the proposed plan will address the recommendations received from Town Staff. The proposed footprint has been substantially reduced and the initially proposed number of parking spaces has been reduced by twenty-five percent (25%). Mr. Regan stated that Mr. Gustafson will continue by presenting an orientation of the site plan.

Mr. Gustafson, All-Points Technology Corp. Inc. stated that he had done extensive research investigating the wetlands on the subject property which had been previously delineated by Tom Pietras, Soil Scientist, Soil Science & Environmental Services, Inc. (May 15, 2012). He continued by stating that the wetland boundaries determined by Mr. Pietras were substantially correct. Mr. Gustafson stated that four (4) separate wetlands were identified.

Wetland 1 is associated with Nod Brook and is a floodplain forested wetland system. Nod Brook flows in a southerly direction towards the rear portion of the subject property, where a man-made pond is located.

Within the limits of the floodplain associated with Nod Brook, there are two (2) wetlands that were created by the disturbance from previous man-made activities. Based on soil profile observations, it appears that the man-made pond was excavated in an area of sand and gravel material, with some of that material being placed in the floodplain along Nod Brook and some near the areas identified as Wetland 3 and Wetland 4. Over time Wetland 4 has developed into an area that is providing some breeding habitat, mainly for wood frogs. Mr. Gustafson continued by stating that Wetland 2 is a large marsh system located on the western boundary of the subject property and it is associated with Wiggins Brook. The undeveloped upland area is primarily associated with an outwash esker that is oriented north to south on the subject property. In an effort to keep things brief, Mr. Gustafson concluded his presentation.

Mr. Timothy Prete, 58 Meadow Ridge, presented to the Commission a petition signed by Town residents requesting a Public Hearing on this application.

In response to Mr. Thier’s question, Mr. Prete stated that there are over twenty-five signatures. Mr. Prete continued by stating that he believes the number of signatures is in the “thirty-five (35) to forty (40) range”.

Mr. McCahill stated that he had spoken with Mr. Regan and Mr. Meyers and that they were both supportive of having this application reviewed at a Public Hearing.

Mr. Regan confirmed Mr. McCahill’s statement. He continued by stating that the representatives for the applicant/owners will be happy to informally answer any questions that anyone may have at the conclusion of the meeting.

In response to Mr. Thier’s question, Mr. McCahill stated that the next Inland Wetlands Commission meeting is scheduled for December 2, 2014.

In response to Mr. Thier, Mr. Beauchamp made the motion to schedule a Public Hearing at the regularly scheduled Inland Wetlands Commission meeting on December 2, 2014.

Mr. Breckinridge seconded the motion.

Mr. Applefield, Mr. Usich, Ms. Dean, Mr. Thier, Mr. Beauchamp and Mr. Breckinridge voted unanimously in support of the Public Hearing.

Mr. McCahill stated that he would like to note procedural steps that are the responsibility of the applicant. He continued by stating there is a notification procedure stated in the Town of Avon’s Inland Wetlands and Watercourses Regulations which requires a mailing to owner(s) of record of property which abut the subject parcel(s) and those property owner(s) which are directly on the opposite side of the street of the subject parcel(s) by United States Post Office Certificate of Mailing. Mr. McCahill stated that there will be an additional fee due to the Town of Avon as a result of this application being continued to a Public Hearing.

There were no outstanding applications at this time.

There were no communications from the public at this time.
The 2015/2016 meeting schedule was distributed and noted for the Commission.
Mr. Thier stated that any future communications from the public should be submitted with an adequate number of copies to be distributed to the Commission, Town Staff and the applicant.
There were no staff comments at this time.
Authorized Agent Approvals:
There were no authorized agent approvals at this time.
APPROVAL OF MINUTES: October 7, 2014
Chairman Thier asked if there were any corrections to the minutes. There being no corrections to the minutes, Mr. Usich made the motion to approve the October 7, 2014 minutes. The motion was seconded by Ms. Dean. The minutes were approved by Mr. Thier, Ms. Dean, Mr. Usich, Mr. Breckinridge and Mr. Beauchamp. Mr. Applefield abstained.
NEXT MEETING: December 2, 2014
There being no further business, the meeting was adjourned at 7:18 p.m..
Respectfully submitted,

Judy Schwartz, Clerk

Inland Wetlands Commission

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