Town of East Windsor
CONSERVATION COMMISSION/
INLAND WETLAND WATERCOURSE AGENCY
Town Hall, 11 Rye Street, Broad Brook, CT 06016 Tel: (860) 623-2302 Fax: (860) 623-4798
Regular Meeting Minutes
April 5, 2006
CALL TO ORDER
Chairman Linda Kehoe called the meeting to order at 7:30 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM
Members present: Linda K, Kehoe, Michael Ceppetelli, Richard Osborn, Michael
Sawka, John Malin, Rene Thibodeau
Members unable Michael Koczera, Janice Warren
to attend:
Also in attendance was Nancy J. Rudek, Zoning/Wetland Enforcement Official
APPROVAL OF MINUTES
Discussion: On page 1, under Members present, it should be noted that regular member
Richard Osborn is listed incorrectly as an alternate.
MOTION: To approve the regular meeting minutes of February 1, 2006, with the change noted – to table the approval of the March 1, 2006 minutes. Osborn/Malin-Unanimous
AGENDA ADDITIONS
MOTION: To approve the agenda additions as listed: Osborn/Malin-Unanimous
Receipt of Applications:
A. 11 & 19 Rolocut Road – Application of Thomas K. Daniels to conduct regulated activities associated with a 2-lot re-subdivision. Total parcel is 5.23 acres served by private well and septic system. Total wetland acreage that will be disturbed is 0.05 acres.
B. 24 Newberry Road – Application of KGS Realty, Inc. to conduct regulated activities associated with a15,000 s.f. addition to an existing industrial building and construction of a new 27,404 sq.ft. industrial building. Total parcel is 5.75 acres, served by public water and sewer.
RECEIPT OF APPLICATIONS - SUBMITTED FOR:
Inland Wetland Permit to Conduct Regulated Uses
A. 35 Rolocut Road – Continued application of Charles and Patricia Donahue to conduct regulated activities associated with the construction of a single family residential home and driveway. Total parcel is 2.17 acres, served by private well and septic system. (65-day application period ends 4/7/06)
Tim Coon of J.R. Russo & Associates came forward to represent the application of Charles and Patricia Donahue. Mr. Coon presented revised plans to address the concerns of the Commission that were raised at the last meeting with regard to the potential flooding and backup of water on the abutting property. He explained the revised plans show more spot grades and that he took a closer look at the site. He further noted that the road water runoff flows to the edge of the property. The runoff is generated from approximately 1.8 acres. Mr. Coon also ran drainage calculations for a 50-year storm, noting the 4.5 cubic feet per second for the 12" pipe (under the driveway), concluding that it's sufficient to handle the flow. Following further investigation of the spot grades and
calculations, he found an area to create a swale to send the water back to the pipe. Mr. Coon noted that the only access to the property is off Rolocut Road, therefore, the wetland crossing for the driveway is required. Mr. Coon feels the water concerns have been addressed.
Discussion continued regarding the placement of a Conservation Easement along the boundaries of the wetlands. Mr. Tim Coon stated this issue was discussed with the property owners, Mr. & Mrs. Donahue, who was opposed to further restrictions on the property that would result with a Conservation Easement. The Donahues feel the wetlands are already protected by the regulations; however, they are not opposed to identifying the wetlands with disks for added protection.
Vice Chairman Mike Ceppetelli questioned a different location for the pipe under the driveway, suggesting that it be brought to the edge of the abutting property. His concern is that if the pipe fails, this location would allow both property owners to address the problem. Mr. Coon explained that relocating the pipe to that area would result in too low of a dip in the driveway. He further noted that it wouldn't necessarily be a solution if the other end of the pipe were plugged up. Mr. Ceppetelli questioned how to assure flooding won't occur since it is essentially being dammed up—that it is the Agency's responsibility to protect against these possible concerns. Chairman Kehoe noted that if there were a problem with a clogged pipe, a complaint would be brought to the Wetland Agent, who has
the authority for enforcement. Commissioner Mike Sawka cited that the water would drain properly and not pond on the abutting property as it is at a higher grade. He also stated that the enforcement officer would take care of any drainage/flooding problems if they occurred.
Chairman Kehoe noted her satisfaction if the wetland boundaries were marked with metal disks, which would serve as a warning/deterrent from disturbing the wetlands. As a suggestion, they could be placed every 25 feet. She also disclosed that during her site visit to the property, she had a discussion with the abutting property owner, who felt that the swale would prevent any potential flooding on his property. Mr. Ceppetelli raised concern with the applicant being so opposed to a Conservation Easement, considering the wetland area must remain undisturbed. He added that the wetland markers are not of any value unless associated with an easement.
Commission member Rene Thibodeau noted the area of wetlands to be approximately 3/4 of an acre and also questioned the applicant's resistance to a Conservation Easement. Mr. Coon reiterated that the wetlands are already protected without adding a further restriction to future property owners. Discussion continued among the Commission raising concerns of tree cutting if no easement is placed on the property -- that the wetland functions can be adversely affected if a large amount of trees are cut. Chairman Kehoe recommended that the coordinates of the wetlands be noted on the deed, adding that she feels the metal disks should be adequate for added protection and identification of the wetlands. Vice Chairman Ceppetelli stated that without the easement, it doesn't prevent the cutting of trees and brush.
Vice Chairman Richard Osborn noted that people have a tendency to dump leaves and lawn material into wetlands -- that years down the road, a property owner may want to fill the wetland area to gain additional lawn area. Mrs. Donahue affirmed her disagreement with the placement of a Conservation Easement, noting that the regulations provide ample protection of the wetlands. Mr. Ceppetelli explained that although he realizes the current owners are aware of the sensitive area, future landowners would not be alerted without the easement. Mr. Coon suggested that a wetland notification be recorded on the deed to provide additional notice to future property owners.
MOTION: To approve the application, subject to the placement of a Conservation
Easement that clearly marks the boundaries of the wetland areas.
Made by: Ceppetelli/Thibodeau
In favor: Ceppetelli, Thibodeau, Osborn, Kehoe
Opposed: Malin, Sawka
Motion passed
B. 119 Thrall Road – Continued application of Benoit Cloutier to conduct regulated
activities associated with the construction of a detached 24’ x 48’ garage. Total
parcel is .80 acres, served by private well and septic system. (65-day application
period ends 5/5/06)
Representing the application were the property owners, Linda and Ben Cloutier. Ms. Cloutier described the existing man-made farm pond that was dug several years ago. The pond has no inlet or outlet. Details were provided for the proposed garage and workroom addition that is within the regulated area but with no disturbance to the wetlands. Chairman Kehoe raised questions with regard to excavation of material and location of stockpile. Mr. Cloutier indicated on the plan where the stockpile would be located- in front of the garage, away from the pond. In addition, it was recommended that the silt fence be extended an additional 40 feet along the westerly side of the property line to protect the adjacent property. Wetlands Agent Nancy Rudek marked up the map to detail the location of the
stockpile material and additional erosion controls.
MOTION: To approve the application of Benoit Cloutier for the construction of a garage within the regulated area, conditional upon the stockpile of excavated material to be located west of the house, in front of the garage, and that the silt fence is to be extended 40 feet along the westerly side of the property.
Osborn/Thibodeau-Unanimous
RECEIPT OF APPLICATIONS
A. 11 & 19 Rolocut Road – Application of Thomas K. Daniels to conduct regulated
activities associated with a 2 lot re-subdivision. Total parcel is 5.23 acres served by private well and septic system. Total wetland acreage that will be disturbed is 0.05 acres.
B. 24 Newberry Road – Application of KGS Realty, Inc. to conduct regulated activities
associated with a 15,000 s.f. addition to an existing industrial building and
construction of a new 27,404 s.f. industrial building. Total parcel is 5.75 acres, served by public water and sewer.
MOTION: To accept receipt of the applications for 11 & 19 Rolocut Road, and 24 Newberry Road. Malin/Osborn-Unanimous
MISCELLANEOUS
A. Inland Wetland By-Laws
Chairman Kehoe recommended that the Commission review the draft by-laws that were in their meeting packets, and come back to the next meeting with their prepared comments.
B. Conservation Easement/Protected Wetland Areas
Model Conservation Easement Form - Chairman Kehoe cited that the Model Conservation Easement was reviewed by herself and Wetlands Agency Nancy Rudek. Ms. Kehoe summarized the corrections noted in red italics. These changes are more or less cleanup and errors - that the essential language of the Easement is not being changed.
MOTION: To approve the changes/corrections in the sample Conservation Easement form as depicted. Osborn/Malin-Unanimous
Also, with respect to Conservation Easements, correspondence was provided in the packets, which was from a meeting in March 1999, during which Town Attorney Steve Penny had attended for the purpose of discussing policies with open space and conservation easements. Chairman Kehoe suggested a discussion of when easements are valid and appropriate, but feels this should be tabled to the next meeting when Michael Koczera can be in attendance.
AGENT DECISIONS
15 Chamberlain Road – Two phase project involving demolition of two buildings, new construction of one warehouse building, shop structure and pole building.
Nancy Rudek discussed the project, noting that the closest wetlands are off-site, approximately 300 feet away from the property on 15 Chamberlain Road. In addition, when completed, the proposal will have less impervious coverage than what is currently on the site. She determined that there would be no wetland impacts.
STATUS REPORTS
A. Ellsworth Road, west side (Lot #001) – Dumping of debris in ravine.
Ms. Rudek cited her inspection of the lot on Ellsworth Road where dumping has been occurring over the embankment at the edge of Ellsworth Road. A letter, dated, 3-22-06, was issued to the property owners who responded by telephone to Ms. Rudek. It was determined that random people were dumping over the edge as it is a lot without a house on it. The property owner has since put up “No Dumping” signs and will plant some trees or shrubs as a deterrent from additional dumping.
B. CT Trolley Museum – Wood-carving activities.
Ms. Rudek reported that another meeting was held with Lou Grimaldi, President of the Trolley Museum and the Vice President of the Board of Directors. Once again, she informed them that the Wood Carving operation has expanded – that it is a business and needs an updated site plan to determine what permits are required. The exact location of wetlands is uncertain at this time since the plans on file are several years old. Since the meeting in March, Lou Grimaldi sent a letter to Ms. Rudek, requesting an extension of time for them to either remove the Wood Carving operation or submit a site plan application. Ms. Rudek will talk to the Town Planner regarding timeframe deadlines.
CONFERENCES/SEMINARS/TRAINING
Training Program – 2006 Municipal Inland Wetland Commissioners Training Program,
Segments I & II ($55.00/person, per course selection)
Commission members are to contact the office with any segments they want to attend.
ADJOURNMENT
MOTION: To adjourn the meeting at 8:45 p.m. Sawka/Osborn-Unanimous
Respectfully submitted,
Nancy J. Rudek,
Acting Recording Secretary
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