Town of East Windsor
Conservation Commission/
Inland Wetland Watercourse Agency
REGULAR MEETING MINUTES
December 7, 2005
I. CALL TO ORDER - 7:30 p.m.
Ms. Kehoe called the meeting to order at 7:32 at the East Windsor Town Hall, 11 Rye Street, Broad Brook.
II. ESTABLISHMENT OF QUORUM
Present: Linda Kehoe, Vice Chairman, Michael Ceppetelli, John Malin, Michael Koczera, Rene Thibodeau, and alternates Richard Osborn and Janice Warren.
Unable to Attend: John Sawka
Also Present: Lori Whitten, Director of Planning and Development
· For tonight’s meeting alternate, Mr. Osborn, will have voting ability, Ms. Warren is present to observe and inquire, but will not be voting due to those regular members present.
III. APPROVAL OF MINUTES – (11/2/05)
MOTION: To approve the minutes of November 2, 2005, as corrected:
Page Four, Six Paragraph, that portion of the that currently reads, “…written comment was sought from the American Heritage River Commission regarding any plans with a river walk in this area, as well as Riverfront Recapture comment . . .” HAS BEEN CORRECTED TO READ AS FOLLOWS: “…verbal comment will be sought from the Chairman of the American Heritage River Commission . . .” Please note: no comment was sought from Riverfront Recapture.
Made by Mr. Koczera, seconded by Mr. Malin
MEMBERS IN FAVOR: Kehoe, Ceppetelli, Malin, Thibodeau, Osborn
Abstained: Koczera
MOTION CARRIED
IV. AGENDA ADDITIONS
MOTION: To add the following two agenda items: Section VII. Miscellaneous, Item D. Natural Resource Preservation Committee request for alternate and Item E. Information from Selectmen on sewer hearing.
Made by Mr. Koczera, seconded by Mr. Malin
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. Old Ellington Road (Scantic Glen Condominium) – Continued 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. (65-day application period ends 12/9/05)
In a letter dated December 6, 2005, the applicant requested an extension of the applications deadline, as well as that the item be tabled to the next regularly scheduled meeting.
MOTION: To grant an extension and table the application for Old Ellington Road (Scantic Glen Condominium) to the next regularly scheduled meeting.
Made by Mr. Koczera, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED.
B. South Water Street (River Place) – Continued 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. (65-day application period ends 12/9/05)
Attorney Robert DeCrescenzo, Guy Hesketh, Civil Engineer, Tom Petros, Soil Scientist, as well as Jeff Hirshfeld and Don Hirshfeld came before the Commission to further discuss this project and outline the changes and additions made as discussed at the November meeting.
Mr. Hesketh presented the revised plans dated 11/11/05 and gave a very detailed presentation incorporating the revisions and addressing Commission and Town Engineer concerns, which included the disturbance of escarpment with sewer installation, storm water management discharge, DEP/Army Corp of Engineers involvement and David Askew’s comments. Since the last meeting the applicant has met with the Town Engineer and David Askew. Also the federal and state wetlands have been delineated.
Mr. Hesketh outlined on the plans, specifically referencing Plan Profile Sheets one and two, the sewer and changes made to address concerns.
Detailed calculations were provided to the Commission and the project is still below the 5,000 square foot disturbance trigger. The storm water drainage was redesigned to follow the existing, historically disturbed driveway.
Mr. Askew’s comments surmised that the hillside was well vegetated and there was no concern from an erosion perspective if the proposed plan was followed.
The revised plans show a building moved a minimum of 15’ away from the top of the slope and no construction is on the escarpment itself.
The storm water management system was specifically detailed for the Commission, including detail of the underground structures, calculations for various events, as well as Dr. Welti comments which in sum stated there was adequate permeability. The innovative design of the level spreader was explained, the Town Engineer comments, as well as those of David Askew were discussed at length.
Mr. Petros spoke to the Commission about the delineation of Federal versus State Wetlands, which were detailed on the plans. Federal wetlands have three conditions and those definitions were explained. The difference in federal versus state is: for state wetlands the flood plane soils qualify as inland/wetland; whereas federal wetlands must have a physical wet condition, not just a flood plane. His November 8, 2005 report outlines those comments made at this meeting. The bulk of the activity for this project is outside federal wetlands.
Mr. Hesketh presented the category system the Army Corp of Engineers uses when considering an application. Mr. Hesketh stated that as part of the Stream Channel Encroachment permit process this application will go before the DEP and the Army Corp – these agencies seek acceptance on a local level before involvement – as the State does not want to get involved until a Town is comfortable with a project. In the future, this project will be discussed in a joint meeting of the DEP and the Army Corp, at that point the category will be determined.
As to concerns expressed that this is on the natural diversity database – the entire Connecticut Rivershed area is on the natural diversity database. There are no site specific things on this site.
The Town Engineer comments have all been addressed, including the requirement of a gravel road. Later in the meeting, during the Commission’s discussions, it disagreed with this recommendation. A gravel road will cause further erosion, as well as an invitation for foot traffic. It was felt the area needed to be vegetated and returned to a natural state to prevent erosion associated with gravel roads and so as not to create an attractive nuisance.
The Commission directed specific questions regarding Dr. Welti’s report and the borings done on the site. Mr. Hesketh referred the commission to the geo-technical report and a series of borings were done based on building location.
Questions on the level spreader and its construction and operation were fielded, specifically in what prevents the water from flowing over the sides and how the water will not find a way around the spreader. A similar spreader is currently being constructed on Route 20 in Windsor Locks. This structure is not footed. The Commission wanted to know what prevented the spreader from cracking, thereby allowing the water to flow through the crack in the spreader. Mr. Hesketh said it can be reinforced.
The spring time flooding and the possibility that the spreader may be under water was discussed. Mr. Hesketh acknowledge this could happen and supported the project with discussing the slow velocity of water.
Ms. Kehoe discussed a class she recently attended and general discussion regarding state versus federal wetlands – from her understanding of the class the state will look at the project as a whole, combining state and federal wetlands.
The Wolcott Landing Condo Association (abutter) concerns with flooding of their lower units due to this project was discussed. Mr. Hesketh stated there will be no increase in run off and there is no discharge from the site onto that property. It was queried if the underground units would introduce water quicker. Again a discussion was held regarding water flow velocity and it was stated again that it will have no impact on the adjoining site in question.
There are no basements, but slab foundations. Soil will be excavated off the site, but the site will essentially stay about the same level as it is now.
Mr. Hesketh detailed the applicants compliance with storm water design manual as refuted in a resident letter. The use of this emerging technology was discussed. Mr. Hesketh disagreed that the applicant had not met the professional requirement. They have done what they can to meet the standard while incorporating as much technology as possible.
Ms. Kehoe stated the American Heritage River Commission has no plan currently for the Connecticut River as there are too many private properties owners along the River.
The sequence of construction, starting downstream, working up was outlined. Ms. Whitten inquired why the applicant stopped at the limit of clearing before the level spreader. She reiterated the actual areas of clearing is the limit of disturbance.
What the level spreader will look like post construction was a concern. It will be a trough finished with vegetation.
The timeframe of construction was read verbatim from the plans.
Ms. Whitten commented to the Commission that having infiltration on the site is a good thing.
The maintenance of the system twice a year was detailed and discussion was held regarding the Commission’s concerns if the owner opted not to comply with the necessary maintenance. The plans outline that the Town can view the maintenance records of the system.
Conservation easements were discussed and Attorney DeCrescenzo outlined that the applicant was not opposed to a conservation easement from the vegetation line down to the river. Attorney DeCrescenzo also stated that he believed the applicant had addressed the concerns which apply to this Commission.
Ms. Kehoe commented that some of the concerns expressed will be addressed through the Planning and Zoning Commission, as well as the DEP. This Commission has a charge to address the wetland concerns.
MOTION: To approve the application for South Water Street (River Place) with the following conditions:
1. Following completion of construction of the level spreader and sewer connection the pathways will be removed and the area will be replanted with native vegetation;
2. If there is significant field change of sewer connection by the WPCA the applicant needs to return to this Commission to modify the application;
3. Following the construction, a conservation easement will be put in place to contain everything from the top of the slope west. The owner retains the right of access to maintain the level spreader and sewer connections.
4. The top of the hill will be planted with native vegetation and plans submitted for approval by staff.
5. A cross section of the level spreader is to be provided by the applicant for review and approval by the Town Engineer for overall integrity
6. All sediment and erosion controls are to be inspected by Town Staff prior to commencement of construction.
7. The applicant agreed to a double row of silt fence at the top of the escarpment as referenced in David Askew’s report.
Made by Mr. Koczera, seconded by Mr. Ceppetelli
ALL MEMBERS IN FAVOR. MOTION CARRIED.
C. 22 Wagner Lane (Wagner Terrace) – Continued 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. (65-day application period ends 12/9/05)
In a letter dated December 6, 2005, the engineer, on behalf of the applicant, has requested an extension of this application and that it be heard at the next regularly scheduled meeting.
MOTION: To grant an extension and table this item to the next regularly scheduled meeting
Made by Mr. Koczera, seconded by Mr. Malin
DISCUSSION
It was inquired why this applicant has not been before the Commission yet? Ms. Whitten indicated that she understands the applicant is seeking an easement over a property for an ease in drainage issues and therefore this has caused a delay in the applicant coming before the Commission.
VOTE: ALL MEMBERS IN FAVOR. MOTION CARRIED.
VII. RECEIPT OF APPLICATIONS – None.
* Amendment/Extension of Existing Permit
* Permitted Use As Of Right
* Jurisdictional Ruling (determination of permit needed)
* Inland Wetland Permit to Conduct Regulated Uses
VIII. MISCELLANEOUS
A. Election of Officers
CHAIRMAN
MOTION: To nominate Linda Kehoe as Chairman
Made by Mr. Koczera, seconded by Mr. Osborn
Ms. Kehoe accepted the nomination. Being no further nominations on the table:
VOTE: ALL MEMBERS IN FAVOR. MOTION CARRIED
Result: Linda Kehoe, Chairman
VICE CHAIRMAN
Mr. Osborn cannot be nominated as he is an alternate.
MOTION: To nominate Michael Ceppetelli as Vice Chairman
Made by Mr. Thibodeau, seconded by Mr. Malin
Mr. Ceppetelli accepted the nomination.
Discussion for further nominations for Vice Chairman, Mr. Koczera expressed an interest in being nominated for Vice Chairman.
MOTION: To nominate Michael Koczera as Vice Chairman
Made by Mr. Ceppetelli,
No second received – Nomination fails
VOTE for nomination of Michael Ceppetelli as Vice Chairman
MEMBERS IN FAVOR: Kehoe, Malin, Thibodeau, Osborn
Opposed: Koczera
MOTION CARRIED
Result: Michael Ceppetelli, Vice Chairman
SECRETARY
MOTION: To nominate Rene Thibodeau as Secretary
Made by Mr. Ceppetelli, seconded by Mr. Osborn
Mr. Thibodeau accepts the nomination. Being no further nominations on the table
ALL MEMBERS IN FAVOR. MOTION CARRIED.
Result: Rene Thibodeau, Secretary
B. P&Z Regulation Workshops – Comments from I/W Agency
The Commission discussed the workshops held to date and the progress being made. The issue of minimal buildable area has been addressed and the PZC will take into consideration this Commission’s concerns with slopes and PZC is also considering removing the wetlands from lot sizes. The room to live on a parcel is being considered. The Commission also has concerns with how developers lay out a project, where houses back up to a wetland causing dumping concerns for the Commission. It was expressed that the advertising for these workshops was poor and lack of public attendance could be due to that factor. The next workshop is December 19, 2005 at 6:30 at the Middle School. The focus will be subdivision regulations.
Commission members would like an updated version of the standard Conservation Easement.
C. 2006 Meeting Schedule
The standard first Wednesday of the month meeting schedule was presented.
MOTION: To accept the meeting schedule for 2006, as presented.
Made by Mr. Osborn, seconded by Mr. Thibodeau
ALL MEMBERS IN FAVOR. MOTION CARRIED.
D. Natural Resource Preservation Committee request for alternate
Ms. Kehoe will be resigning from this committee, but Ms. Warren will be joining the committee. There is a need to have alternate members assigned to this committee and in a motion is in order to request that of the Board of Selectmen
MOTION: To request the Board of Selectmen add two alternate members to the membership of the Natural Resource Preservation Committee
Made by Mr. Ceppetelli, seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED.
E. Information from Selectmen on Sewer Public hearing
Ms. Kehoe presented the Board of Selectmen letter stating that the public hearing for the proposed Developers Agreement regarding the sewer will be held on Wednesday, December 14, 2005 at 7:30 p.m. Janice Warren will attend the public hearing to state the Commissions prior endorsement, as reflected in its previous letter to the Board of Selectmen, which the Commission concurred with.
IX. AGENT DECISIONS
A. 36 Old Ellington Road – construction of a single family residence.
This item will be addressed at the next meeting, upon Ms. Rudek’s return.
X. VIOLATIONS (for action or show-cause hearing)
XI. STATUS REPORTS
XII. BUDGET
XIII. ADJOURNMENT
MOTION: To adjourn at 10:00 p.m.
Made by Mr. Koczera, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED
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