Conservation Commission/
Inland Wetland Watercourse Agency
regular meeting minutes of november 2, 2005
1
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, Michael Ceppetelli, John Malin, Richard Osborn
Unable to Attend: John Sawka, Michael Koczera, Rene Thibodeau, Janice Warren
Also Present: Nancy Rudek, Zoning Enforcement Officer
III. APPROVAL OF MINUTES – (9/7/05 &10/5/05)
MOTION: To approve the minutes of September 7, 2005, as submitted
Made by Mr. Osborn, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED
MOTION: To approve the minutes of September 7, 2005, as corrected, specifically
Page 7, Item D, second sentence should read: “[t]here is no change to the impact on the wetlands….”
Made by Mr. Osborn, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED
IV. AGENDA ADDITIONS
MOTION: To add the following:
VI. Continued Application, Item G: Wagner Lane (Wagner Terrace) – Application of White Pine, LLC to conduct regulated activities associated with 22the development of 12 single family detached condominiums. Total parcel is 20.34 acres, served by public water and sewer.
And
VIII. Miscellaneous, Item B. PZC Regulations
Made by Mr. Osborn, 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)
Vincent Fortunato of Fortunato Construction came before the Board and distributed materials, including plans and photographs of the land. The area is graded, grass grown and cleared, it is ready for construction. There is a limit of soil disturbance and vegetation removal is on the map, which was done in 1984, as well as the wetland ravine. All of the units proposed are within the regulated area. Ms. Rudek indicated these are the original plans and the wetland review area has not changed since the 80’s. The foundation present that was back filled will be removed – it was unknown what this consists of. This will be the same footprint with some minor changes due to handicap accessibility. Slope concerns were noted and the applicant indicated that there was no
objection to moving closer to the road. The Commission wanted the applicant to return and update the plans with Town Engineer comments, location of building which was to be moved due to Commission concerns, location of the stockpile, details re: regulated area and erosion and control measures.
MOTION: To table this application to the December 7, 2005 meeting
Made by Mr. Ceppetelli, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED.
B. Depot Street (Quarry Meadows) – Continued 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.
(65-day application period ends 12/9/05)
Mr. Kement of Sanderson and Washburn came before the Commission and presented plans and outlined where the location of this property is in East Windsor and Ellington. The Town Engineer comments and soil scientist comments were discussed and the parameters of the project were outlined. This project has not been before Ellington yet. The kettle in question is totally isolated from any other watercourse. Everything is graded away from the wetland. There is one house within the regulated area, Lot 12.
MOTION: To approve the application for Depot Street (Quarry Meadows) as presented.
Made by Mr. Ceppetelli, seconded by Mr. Osborn.
ALL MEMBERS IN FAVOR. MOTION CARRIED.
C. 30 Stoughton Road – Continued 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. (65-day application period ends 12/9/05)
Jay Ussery of JR Russo and Associates came before the Commission and presented plans for this single family home off of Stoughton Road. This is the Windsor Show Stable property and the previous application for expansion of a pond is completed and the pond is smaller than approved. This site is served by sewer and well. The wetlands and associated watercourse were delineated. The house is not in the wetland area, but a small part of the driveway is within the 150 buffer. There is no wetland disturbance. The Town Engineer comments have been addressed. The driveway has no change to grade from the existing farm road, some work to pave, once the project is done it will be the same grading.
MOTION: To approve the application for 30 Stoughton Road, as presented.
Made by Mr. Ceppetelli, seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED.
D. 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 and Guy Hesketh, Civil Engineer and Tom Petros, Soil Scientist came before the Commission to outline this project and specifically address concerns expressed by the Commission at the October meeting. Revised plans dated 10/28/05 were distributed. The location and wetlands on the property were specifically outlined. There is no disturbance within 15’ from the top of the slope. The plans show the wetland and the 150 foot buffer. The drainage system, infiltration and storage units were explained in detail, as well as runoff and specific soils were discussed in extensive detail. The S&E measures during construction and permanent were outlined. The oil tank was researched and was determined it was used as a water trough as the owner had a lease
agreement for animals. The storm drainage calculations were provided and a soil type report dated October 13, 2005 was given to the Commission.
The need for Army Corp Engineer involvement and the parameters of the project was discussed. The Army Corp designations and when they get involved were discussed. The applicant stated this project did not fall within the scope of what is necessary for Army Corp involvement.
The four foot wire fence at the top of the slope is an existing fence, barbed wire. Geotechincal borings were explained, seepage found could be due to possibly old tiles in place.
The impact of the 100 year flood and drainage, hydraulically had no impact. Specifics regarding a 100 year event and impacts and calculations were discussed.
No comments have been received from David Askew yet. The comments from the Town Engineer pertain to the previous plans presented.
The proposed timeframe of development would not be during Spring – but during July and August.
The Chairman polled the audience to determine the amount of public interest in this project, several hands were raised. The significant impact due to proximity to the River was a concern, but not enough to warrant a public hearing. The public was asked to submit written comments as soon as possible so the applicant and the commission could review public comment in regards to this application.
For the next meeting the Commission needs: David Askew’s comments, the Town Engineer’s comments on the revised plans, Ms. Rudek will confirm whether or not this project should be viewed by the Army Corp Engineers, the soil scientist was asked to break out federal versus state wetlands, 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 and written public input with comments/concerns of those members of the audience present and other interested parties.
MOTION: To table this item to the December 7, 2005 meeting.
Made by Mr. Osborn, seconded by Mr. Malin.
ALL MEMBERS IN FAVOR. MOTION CARRIED.
E. 198 North Road – Continued 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. (65-day application period ends 12/9/05)
Mark Peterson of Gardner and Peterson and John Iannini, Soil Scientist, came before the Commission and outlined the location and parameters of this project, as well as the previous wetlands permit. North Central has given approval. The stock pile was outlined, the s&e controls were outlined. The topography of the site was outlined, there is ½ acre of wetlands on the site. The sequence of the driveway development was outlined. Mr. Iannini stated the wetlands were mapped and accurate on the plan. The wetland and vegetation was detailed. There are no vernal pools on the land and none spotted from the property line. The wetland delineation is a little different than the original application, as it is more thorough. Water issues with Rolocut Road were discussed.
Concern was expressed if this was close to the 150’ buffer the other way, and if there were overlapping wetlands. It was unknown as this is a wooded site. The site in general and future use due to the site was discussed. Ms. Rudek had no comments on this application. The overall function of the wetland is drainage. The Conservation easement was specifically addressed and adjusted on the plans to suit the Commission’s intent.
MOTION: To approve the application for 198 North Road, with the conservation easement as drafted on the plans.
Made by Mr. Osborn, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED.
F. 222 North Road – Continued application of Chris LaFleur to conduct regulated activities
associated with residential grading improvements. (65-day application period ends 12/9/05)
Chris LaFleur came before the Commission and presented plans regarding regrading the area. He had met with a soil scientist and the State as this wetland is a drainage ditch. The plan is to match the existing grade around the wetland and the wetland serves no purpose. Extensive discussion ensued regarding concerns of adjusting wetlands used for drainage and potential impact on surrounding properties. It was also inquired if improving the area with wetland plantings was an option, but the applicant did not want to go that route. Currently there is 35 feet of usable front lawn. It was determined there is a prudent and reasonable alternative for a beautiful yard with wetland plantings and the drainage issue concerns weigh heavy in considering the application.
MOTION: To deny the application for 222 North Road based on significant questions as to adverse effect on area drainage and prudent and reasonable alternatives using wetland plantings to beautify the area.
Made by Mr. Ceppetelli, seconded by Mr. Osborn.
ALL MEMBERS IN FAVOR. MOTION CARRIED.
G. Wagner Lane (Wagner Terrace) – Application of White Pine, LLC to conduct regulated activities associated with 22the development of 12 single family detached condominiums. Total parcel is 20.34 acres, served by public water and sewer.
This applicant requested to be seen at the December meeting.
MOTION:To table this item to the December 7, 2005 meeting.
Made by Mr. Osborn, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED.
VII. RECEIPT OF APPLICATIONS
* 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
This item will need to be addressed at a future meeting.
B. PZC Regulations
As the PZC is redrafting regulations, it was asked that Commission members bring any comments and or suggestions in this regard to the December meeting. It was the consensus that attending a workshop would be a good idea.
IX. AGENT DECISIONS
A. 35 Barber Hill Road – 1 lot re-subdivision and construction of single family residential house (previously approved Horizon View Estates).
Ms. Rudek explained the parameters of this project, no wetland involvement and North Central approval had been received.
C. 120 Newberry Road – 1 lot subdivision, no construction at this time.
This is a one lot industrial subdivision which was approved - statutorily. This Commission can not act on an application unless and until the site plan is before the Commission for an application.
X. VIOLATIONS (for action or show-cause hearing)
XI. STATUS REPORTS
· The Commission discussed a few miscellaneous items. The Windsorville Dam was breached and the DEP is being brought in to look into this.
· There was a concern with the Scantic Road – S Curve – piles of soil. The property owner is connecting pipes with Town Engineer approval. It was a Commissioner’s thought that the set up there was designed specifically that way to slow the water down. The Commission would like the Town Engineer to update them on his thoughts on this project.
XII. BUDGET
XIII. ADJOURNMENT
MOTION: To adjourn at 10:20 p.m.
Made by Mr. Osborn, seconded by Mr. Malin
ALL MEMBERS IN FAVOR. MOTION CARRIED.
Respectfully submitted,
/cdc/
Cynthia D. Croxford
Recording Secretary
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