Town of East Windsor
Conservation Commission/
Inland Wetland Watercourse Agency
Regular Meeting Minutes October 5, 2005
I. CALL TO ORDER - 7:30 p.m.
Ms. Kehoe called the meeting to order at 7:30 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut.
II. ESTABLISHMENT OF QUORUM
Present: Linda Kehoe, Vice Chairman, John Sawka, Richard Osborn and Janice Warren
Unable to Attend: Michael Ceppetelli, Michael Koczera, John Malin and Rene Thibodeau,
Also Present: Nancy Rudek, Zoning Enforcement Officer
III. APPROVAL OF MINUTES
MOTION: To table the minutes of September 7, 2005 to the next regular meeting
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED
IV. AGENDA ADDITIONS
MOTION: To accept the following agenda additions:
RECEIPT OF APPLICATIONS
· Inland Wetland Permit to Conduct Regulated Uses
222 North Road – Application of Chris LaFleur to conduct regulated activities associated with residential grading improvements.
30 Stoughton Road – Application of LCC Partnership to conduct regulated activities associated with the construction of a single family home. Total parcel is 103 ± acres, served by private well and public sewer.
· Amendment/Extension of Existing Permit
17 North Road – Application of John Silva to modify existing Inland Wetland permit #1368 previously approved on 9/7/05 to reconfigure parking area and driveway along west side of parcel.
MISCELLANEOUS
- 329 Scantic Road (Victory Outreach Ministries, Inc.) – Approved under permit # 1367 dated 7/6/05.
Developer’s Agreement between Town of East Windsor WPCA and Sumner Chapman – proposed sanitary service
Made by Mr. Osborn, seconded by Mr. Sawka
ALL MEMBERS IN FAVOR. MOTION CARRIED.
**A brief discussion was held regarding the length of the meeting and the fact that some members were feeling under the weather. As such a time limit to the meeting was set.
MOTION: To adjourn tonight’s meeting no later than 10:00 p.m.
Made by Mr. Osborn, seconded by Mr. Sawka
ALL MEMBERS IN FAVOR. MOTION CARRIED.
V. PUBLIC HEARINGS (on Inland Wetland applications) - NONE
VI. CONTINUED APPLICATIONS OR BUSINESS
* Inland Wetland Permit to Conduct Regulated Uses
A. 9 Sharon Lane – Continued application of Shawn & Nicole Keel to conduct regulated
activities associated with a 18 X 36 In-Ground Pool. Total parcel is 1.12 acres, served
by private well and public sewer. (65-day application period ends 10/07/05)
Shawn Keel and Roger Langlois of Poolman Pools came before the Commission with revised plans including the addition of a shed. The rationale for the location of the pool was explained. Any water drainage will be done by a water removal service. There is no foundation for the shed.
MOTION: To approve the application for 9 Sharon Lane, as presented.
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
B. 18 & 20 East Road – Application of Myers Nursery, Inc. to conduct regulated activities
associated with the development of 2 building lots for single family homes. Total parcel is
34.53 acres, served by private well and septic system.
(65-day application period ends 11/11/05)
Cal Myers and Dave Palmberg came before the Commission and presented revised plans which conform with the Town Engineer’s comments. This two family home project, one in the rear and one with frontage was outlined for the Commission. The wetlands on the site have been delineated by soil scientist, Michael Gragnolati. There is no work within the wetland, but the 150’ buffer does come across the lots. There is grading to occur within the cultivated existing fields. Approval has been received from North Central. There will be silt fence erosion controls and temporary stock piles are in the flat cultivated area. No questions or concerns were expressed by the Commission.
MOTION: To approve the application for 18 & 20 East Road, as presented.
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
C. 202 Main Street – Application of Donald Wagner to conduct regulated activities associated
with the widening of existing driveways to allow for emergency equipment to access rear
house at 204 Main Street. (65-day application period ends 11/11/05)
Mr. Wagner came before the Commission and distributed materials in response to concerns expressed at the last meeting, as well as revised plans. On the map are the elevations, detailed driveway, buildings to scale and the intermittent stream is highlighted. It was inquired if the culvert was widened – no as that was not a problem area. The plan is to purchase gravel this Fall, spread it for the existing driveway and after it settles add two more loads in the Spring. The work is basically done, it is at the gravel stage. The brush from the wetland has been cleaned up and it is in the field. The commission wants rip wrap at the driveway crossing.
MOTION: To approve the application for 202 Main Street, with the following conditions:
· Rip wrap at the driveway crossing;
· Seeding;
· Ms. Rudek must approve the site after gravel and seeding is accomplished.
ALL MEMBERS IN FAVOR. MOTION CARRIED.
MOTION: To lift the violation order at 202 Main Street.
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
D. 94 South Main Street – Application of M&L Development Corporation to conduct regulated
activities associated with the development of an 18 unit condominium project. Total parcel
is 5.65 acres, served by public water and public sewer.
(65-day application period ends 11/11/05)
Jay Ussery of JR Russo and Associates and Attorney Mark Barbieri came before the Commission and presented plans and a detailed location of the site on a colored map. There is no disturbance within the wetland, but a small area of disturbance in the regulated area. This is a 5 ½ acre site, the wetland is associated with Mason’s Brook, a piece of the wetland is in South Windsor. There is no drainage outlet down the slope, but to Route 5. A drainage report was submitted and reviewed by the Town Engineer, the comments have been addressed. The site is served by sewer, city water, gas and electric. Slope discussions took place and Commission concerns. The slopes are 3 to 1 – the closest being a corner unit with is 30’ away. The soil types were discussed as
well. The tree line will be moved back. Erosion control will be standard silt fence around the site. The walking trail is graded toward the yard drain to keep the water from going over the slope, instead it goes into the system. Ms. Rudek will review the silt fencing. These are TE slopes. Concern was expressed with the S/W corner to the top of the slope, discussion took place about pulling the walking path in on the Southwest side and planting the south side with vegetation and leave as much evergreen as possible.
MOTION: To approve the application for 94 South Main Street with the following conditions:
· The South west walking path, between units 21, 19, 17, 15 and 13, will be pulled in on the Revised plan.
Made by Mr. Osborn, seconded by Ms. Warren.
ALL MEMBERS IN FAVOR. MOTION CARRIED.
VII. RECEIPT OF APPLICATIONS
* Amendment/Extension of Existing Permit
**added agenda item
17 North Road – Application of John Silva to modify existing Inland Wetland permit #1368
previously approved on 9/7/05 to reconfigure parking area and driveway along west side
of parcel.
Jay Ussery of JR Russo and Associates came before the Commission regarding the need to reconfigure the parking area along the west side of the parcel as the applicant is working with the DEP regarding a curb cut and traffic circulation for one way circulation. Revised plans were provided. There is no disturbance to the wetland, but some disturbance is closer than the original application. In recalling discussions with Michael Gragnolati, soil scientist, it was recalled that this is wetland limited to storm water and of no value.
MOTION: To approve the amendment, as presented, of the existing Inland Wetland Permit #1368.
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
* Permitted Use As Of Right
* Jurisdictional Ruling (determination of permit needed)
A. 15 Plantation Road (Plantation Pines) – Application of Majorie Myette Trustee. Request
a ruling of No Jurisdiction for the development of a residential subdivision with 5 new lots.
Total parcel 27.27 acres, served by private well and septic system.
Dave Wilson, Engineer came before the Commission as an authorized agent for Ms. Myette. The Town Engineer’s concerns with Lot 2 were discussed. Plans were presented and the property outlined. To the lot in question, 50’ was added and the house slid back to almost 60 feet off the top of the slope. The soil scientist letter delineated no wetlands on the site. It was requested that a planting/no mow zone be in place at the top of the slope. Concerns were expressed with the language of the soil scientist letter, almost as if the soil scientist had only investigated a certain portion of the site. There is no activity in the back 300 feet of the property. The concern is not construction, but land owner usage and a conservation easement would be
important to protect that portion of the site.
MOTION: To take no jurisdiction as Mr. Wilson took the recommendation of a conservation easement 15’ off the top slope at lines drawn on the map during tonight’s meeting in possession of Ms. Rudek.
Made by Ms. Warren, seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED.
* Inland Wetland Permit to Conduct Regulated Uses
A. South Water Street (River Place) – Application of Phoenix Farm Company, LLC to
conduct regulated activities associated with the development of 192 units of residential
apartments. Total parcel is 14.78 acres, served by public water and sewer. Property is
located on the east side of South Water Street approximately 410 feet from Route 5.
Attorney Robert DeCrescenzo and Guy Hesketh, Civil Engineer came before the Commission and briefly went over the application and asked for any comments from the Commission for the next meeting and formal presentation. They presented the plans and parameters of disturbance for this parcel, which is currently agricultural and will be 2/3 luxury apartments. A soil scientist has flagged the wetlands. A brief presentation on the storm water drainage and conservation easement proposal was given. The need for Army Corp Engineer permits needs to be investigated. Ms. Rudek also asked for clarification of Mr. Welti’s swimming pool comment. Also noted was conflicting soils between the office maps and the application maps – the applicant was asked to address this. Also
comments of the drainage outlet with running water in the Spring, as it was reviewed during a dry time. The oil tank concern needs to be addressed, as well as the slope issues near the river, a retaining wall on a slope is not good. Ms. Rudek stated David Askew has the plans, and she is in need of another package of the drainage information.
Attorney DeCrescenzo noted for the record he wants to submit that there is no significant activity with in the wetland. The Commission will address those issues at its next meeting.
MOTION: To accept receipt of the application for South Water Street (River Place).
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
B. Old Ellington Road (Scantic Glen Condominium) – Application of Fortunato Construction
Group to conduct regulated activities associated with the construction of 16 residential units
previously approved. Total parcel is 94.89 acres, served by public water and sewer.
Property is located on the south side of Old Ellington Road, approximately 300 feet from
Norton Road.
MOTION: To accept receipt of application for Old Ellington Road (Scantic Glen Condominium).
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
C. Depot Street (Quarry Meadows) – Application of SJK Properties LLC / Stanley J.
Kement, Jr. to conduct regulated activities associated with the development of a 48-lot
single family residential subdivision. Total parcel is 48.78 acres in East Windsor and
15.13 acres in Ellington, served by public water and sewer. Property is located on the
north side of Depot Street approximately 1700 feet from East Road.
MOTION: To accept receipt of application for Depot Street (Quarry Meadows).
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
D. 22 Wagner Lane (Wagner Terrace) – Application of White Pine, LLC to conduct regulated
activities associated with the development of 12 single family detached condominiums.
Total parcel is 20.34 acres, served by public water and sewer.
MOTION: To accept receipt of application for 22 Wagner Lane (Wagner Terrace).
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
E. 198 North Road – Application of Akerley Builders, LLC for property owned by Geraldine
Jackavonis, to conduct regulated activities associated with the construction of a single
family house. Total parcel is 1.62 acres, served by private well and septic system.
Mark Peterson of Gardner and Peterson and David Akerly came before the Commission and presented plans and maps. The wetlands have been delineated by a soil scientist. There was brief discussion on wetland permitting for this site in the early 90’s. Approval has been received from the Health Department. Proposed clearing needs to be shown on the map. No established vernal pools were noted by the soil scientist. It was requested that Soil Scientist, John Iannini, be in attendance for the presentation of this application. This project is within the 150’ buffer zone.
MOTION: To accept receipt of the application for 198 North Road.
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
**Added agenda items:
222 North Road – Application of Chris LaFleur to conduct regulated activities associated with
residential grading improvements.
30 Stoughton Road – Application of LCC Partnership to conduct regulated activities associated
with the construction of a single family home. Total parcel is 103 ± acres, served by private
well and public sewer.
MOTION: To accept receipt of application for 222 North Road AND 30 Stoughton Road
Made by Ms. Warren, seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED.
VIII. MISCELLANEOUS
A. 130 Newberry Road (BT Properties) – Review of Conservation Easement Plan
The plans were presented with the conservation easement delineated. The Commission saw more possible conservation easement, and language would drafted to allow planting and harvesting. Further revision of this easement was discussed and the Commission felt it could be simplified. A consensus was reached, with a small change to the map, and the Commission agreed the condition was satisfied.
B. CACIWC Meeting November 5th
Commissioners are to contact Ms. Rudek by 10/20 if they are interested in attending.
C. Municipal Inland Wetland Commissioners Training Program
Segment III - $50.00/person.
Commissioners are to call and register if interested.
D. 329 Scantic Road (Victory Outreach Ministries, Inc.) – Approved under permit # 1367 dated
7/6/05.
This was an active adult housing complex and it is now condominiums. There is no impact on the wetlands, in fact there is a reduction. The permit needs to be revised for paperwork purposes. There are no changes in the plans from this Commission’s standpoint and it is for the PZC to handle the change in usage.
MOTION: To accept the revised plan for Victory Outreach Ministries, Inc from 44 active adult units to 41 single family condominiums.
Made by Mr. Osborn, seconded by Ms. Warren
ALL MEMBERS IN FAVOR. MOTION CARRIED.
E. Developer’s Agreement between Town of East Windsor WPCA and Sumner Chapman - proposed
sanitary service.
The Commission discussed the Agreement and reviewed Ms. Rudek’s proposed letter to the Board of Selectmen. The Commission directed Ms. Rudek to forward her draft letter to the Board of Selectmen.
IX. AGENT DECISIONS
A. 75 South Main Street (Lawrence G. Tribble) – 14.5’ x 16.5’ Dining area addition,
and 7.67’ x 6.33’ entryway addition to the Cornerhouse Family Restaurant.
There is no activity involving any wetlands at this site.
X. VIOLATIONS (for action or show-cause hearing)
XI. STATUS REPORTS
A. 184 Windsorville Road
The dock seen is a removable dock. The owner understands if he ever seeks to put a permanent dock in he will need to come before the Commission.
B. 73 Old Ellington Road
Ms. Rudek has met with this owner and discussed the fill for the driveway for storm drainage erosion. She advised of the need to stabilize, seed and silt fence. The entire yard is in a TE slope. The owner may need a geo-technical engineer to help. Ms. Rudek will meet with this owner again and also give him a copy of the TE slope hand out.
XII. BUDGET
XIII. ADJOURNMENT
MOTION: To adjourn at 9:25 p.m.
Made by Mr. Sawka, seconded by Ms. Warren.
ALL MEMBERS IN FAVOR. MOTION CARRIED.
Respectfully submitted
Cynthia D. Croxford
Recording Secretary
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