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
May 3, 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 Koczera, Richard Osborn, Michael
Sawka, John Malin, Rene Thibodeau, Janice Warren
Members unable Michael Ceppetelli, Michael Sawka
to attend:
Also in attendance was Nancy J. Rudek, Zoning/Wetland Enforcement Official
APPROVAL OF MINUTES
Minutes for the 3-1-06 meeting were just completed and distributed to the Agency members present at this meeting.
MOTION: To table approval of the 3-1-06 minutes to the next meeting.
Koczera/Osborn-Unanimous
Discussion: On page 3, 3rd paragraph of the 4-5-06 minutes, Richard Osborn is noted incorrectly as Vice Chairman, and should be noted as a regular member.
MOTION: To approve the regular meeting minutes of April 5, 2006, with the change noted. Osborn/Malin – Koczera abstained – Motion carried
AGENDA ADDITIONS None
RECEIPT OF APPLICATIONS - SUBMITTED FOR:
Inland Wetland Permit to Conduct Regulated Uses
A. 11 & 19 Rolocut Road – Continued 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.
Attorney Carl Landolina from the firm of Fahey & Landolina Associates approached the Commission, representing the applicants. Also representing the application was Marek Kement, design engineer from Sanderson & Washburn. Attorney Landolina provided background history associated with this property that was part of a 6-lot subdivision in 1965, however, it was not filed until 17 years later. He further explained that there was a court order to quit claim the property. The map was filed; lots were conveyed, but not valid because the subdivision never received Planning & Zoning Approval. This re-subdivision application is for Lots 4, 5 & 6, which do meet today's zoning requirements.
Marek Kement explained the proposed design, stating that the first design was to develop the three lots, which would have required two wetland crossings. They are going with a second alternative, which is to reconfigure it into two lots. The property is located on the north side of Rolocut Road. The wetlands have been delineated by Soil Scientist Michael Gragnolati, who has provided a soils report. The two lots are designated as S-4 and S-6. There is one wetland crossing on lot S-4, which is the 3% or 0.05-acre disturbance of the entire wetlands on site. The total parcel is 5.23 acres. The 30-foot strip on the plan is for the crossing, with a 15-inch pipe under the driveway. A Conservation Easement has been placed on the boundaries of the wetlands, which encompasses 2.5 acres of Conservation Easement. Lot S-4 has 1.9
acres of uplands -- S-6 has 1.5 acres of uplands. Both lots have received septic system approval from the North Central Health District.
Attorney Landolina distributed an updated letter from the Soil Scientist, dated May 2, 2006, citing the last paragraph, "In summary, based on my review, I am of the professional opinion that there is no prudent and feasible alternative to access the large area of upland to the rear of the lot other than your proposal. Impacts to the larger wetland to the north will be minimal if the crossing is constructed during the dry portion of the year".
Chairman Linda Kehoe questioned the Town Engineer's comments in a letter dated April 10, 2006. Mr. Kement responded, describing the location of the culvert and that it was sized appropriately for the drainage.
An attendee in the audience, Ms. Lorraine Lafferty, requested permission to speak on this application. She stated that she is the granddaughter of Jackavonis, who originally owned the property. Ms. Lafferty questioned whether there is a document pertaining to the court order. Chairman Kehoe recommended that Ms. Lafferty pursue this with the Planning Office, since this is not a wetlands issue, and that it would have to be resolved prior to Planning & Zoning approval.
MOTION: To approve the application of Thomas K. Daniels for an inland wetland permit to conduct regulated activities involving a 2-lot re-subdivision. Osborn/Malin - Unanimous
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RECEIPT OF APPLICATIONS - SUBMITTED FOR:
Inland Wetland Permit to Conduct Regulated Uses
B. 24 Newberry Road - Continued 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.
In attendance were the property owner, Sam Karagiannis and his design engineer, Tim Coon of J.R. Russo and Associates. Mr. Coon provided a description of the property, explaining that it is currently occupied by an industrial building and associated parking. The wetlands were delineated by Michael Gragnolati, noting that his report states the wetlands have been disturbed and are of low value. The proposal is two-fold: the first part is a 75' x 200' addition to the existing building for the current tenant's business; the 2nd part of the proposal involves a new 27,000 sq. ft. industrial building that includes additional parking to accommodate the new industrial structure. The proposal also includes a new drainage system, consisting of two detention basins that will clean the storm water and roof runoff. A filter system is
being provided which will treat the water. The previous drainage system flowed directly into the wetlands without cleaning or treatment. The temporary disturbance of 300 sq. ft. of wetlands will occur near the end of the building only during construction. Mr. Coon stated that the town engineer's comments would be addressed. He indicated on the map the location of the areas to be utilized for stockpiling. The catch basins will be inspected by the design engineer, and the maintenance schedule is to be added on the plans. Commissioner Osborn discussed the roof runoff. Mr. Coon reiterated the details, noting that the runoff will be cleaned before reaching the detention basin. Chairman Kehoe noted the bottom elevation of the basin is at 93 while the pipe is also at 93. Mr. Coon described the function of the basin, which will be a dry basin. Chairman Kehoe noted that after walking the property, the design appears to be an improvement to the effect of wetlands.
MOTION: To approve, with conditions, the application of KGS Realty, Inc. for an inland wetland permit to conduct regulated activities associated with a 15,000 sq. ft. addition to an existing industrial building and a new 27,404 sq. ft. industrial building. Conditions: 1) Stockpiles of material to be located on the plan as indicated by design engineer at 5-3-06 meeting. 2) Design engineer to inspect catch basins to insure that the insert filters are installed in accordance with manufacturer's specifications. 3) The maintenance schedule specifications for the insert filters to be noted on the plans. Koczera/Osborn - Unanimous
RECEIPT OF APPLICATIONS - SUBMITTED FOR:
· Amendment/Extension of Existing Permit
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A. 35 Rolocut Road - Application of Charles and Patricia Donahue for an amendment to an existing Inland Wetland Permit #1381 to allow the removal of the Condition, thereby, removes the placement of a Conservation Easement.
Chairman Linda Kehoe reiterated the action that was taken on this application at the last meeting. Specifically, that the approval was granted, conditional upon the placement of a Conservation Easement. Ms. Kehoe explained that since that meeting, Wetland Agent Nancy Rudek did some research regarding this issue. Documentation has been provided in
RECEIPT OF APPLICATIONS - SUBMITTED FOR:
· Amendment/Extension of Existing Permit
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A. 35 Rolocut Road - Continued
the meeting packets that indicates the forcing of a Conservation Easement as a condition is inappropriate if the property owners are opposed to granting an easement. She noted that at the last meeting, Commissioner Ceppetelli had concerns with long term effects due to possible filling of the wetlands for lawn use, considering the wetlands are in the front yard. In the future, if the Commission feels strongly that there are detrimental affects to the wetlands that are not protected by a Conservation Easement, they should consider denying the application without prejudice.
Chairman Kehoe further explained that discussions were held between Wetland Agency Rudek and the applicants -- to take the course of least resistance with the applicant's request for an amendment to remove the Conservation Easement. Discussion continued between the Commission, the applicants and their design engineer, Tim Coon. It was agreed upon to place a notification on the deed that states Wetlands are on the property, thereby requiring a review by the Inland Wetland Agency for any regulated activities.
MOTION: To approve the amendment to Permit #1381, to allow the removal of the Condition, thus eradicating the placement of a Conservation Easement on property located at 35 Rolocut Road with a notification on the property deed to state that any activities within the 150-foot regulated area will require a review by the Inland Wetland Agency.
Warren/Koczera - Unanimous
· Permitted Use As Of Right
A. 105 Phelps Road - Application of Jennifer and Richard Smyth. Request for Ruling of Permitted Use As Of Right for the construction of a 60’ x 120’ pole barn within existing paddock area. Total parcel is 16.97 acres served by private well and septic system.
Representing the application was Dave Palmberg of Palmberg & Son Associates, along with the property owner, Jennifer Smyth. Mr. Palmberg presented plans for the proposed horse barn and an aerial photograph showing the property. He described the structure as a pole barn, to be located on the existing paddock. It is within the regulated area, but there will be no disturbance as the barn will be on existing grade with a dirt floor.
MOTION: To approve the construction of a pole barn as noted on the plans for property located at 105 Phelps Road, determined as a Permitted-Use-As-of-Right.
Koczera/Osborn - Unanimous
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MISCELLANEOUS
A. Inland Wetland By-Laws
The draft inland wetland by-laws were submitted prior to the last meeting in order for Commission members to discuss any possible changes at this meeting. Each section was reviewed, with suggested changes to Sections 5.4, 5.5, 7.2, 8.3, 8.6, 8.7, 9.3, 10.3, 10.4,
10.5, 10.6, 16.1 and 17. A revised copy indicating the proposed changes will be completed for the next meeting.
B. Conservation Easement/Protected Wetland Areas
For the members who were not at the last meeting, Chairman Kehoe discussed the minor changes made to the Conservation Easement Form. It was basically to clean up some errors and clarify the requirements for the posting of the metal disks.
The discussion continued regarding when it's appropriate to impose a Conservation Easement on the land. Commission member Koczera noted previous applications and examples of situations where a Conservation Easement may hinder the ability for a business to expand in the future. Or, if the area is agricultural and in forestry, they wouldn't be able to cut trees, therefore, denying use of the property. Commissioner Osborn noted that's why the law allows the property owner to have control over whether an easement is placed. Different scenarios were discussed, with Chairman Kehoe citing a concern with a previous applicant opposing a Conservation Easement because the owners wanted to use all-terrain vehicles on the property. The Commission concurred that each application should be treated on a case-by-case basis to determine
if an easement is important.
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AGENT DECISIONS None
STATUS REPORTS
A. Windsorville Dam
Ms. Rudek cited the email received from Richard Venable of 184 Windsorville Road, who is the owner of the dam. The email lists the items that are required by the DEP that involve the repair of the dam. Inland Wetland Agent Rudek stated that the DEP would likely require local wetlands approval for some of the regulated activities. Ms. Rudek will pursue finding out additional information and requirements.
B. CT Trolley Museum - Woodcarving activities.
Ms. Rudek reported that in response to her letter to the CT Trolley, Lou Grimaldi contacted her, saying that the Trolley Museum's intention is to either relocate the Wood Carving operation and clean up the existing area or entirely remove the wood carver's business. If they decide to relocate it in another area, Mr. Grimaldi will submit a site plan application for both Planning and Zoning and the Wetlands Agency.
C. 144 Wells Road
A letter was sent to the property owner as a notice to be aware of the sensitive Terrace escarpment slopes and watercourse at the bottom of the ravine. This came about after observing some trees being cut and the installation of what appears to be a fence at the top of the embankment. The homeowner's handout of Terrace Escarpment Do's and Don'ts was also sent to the owner.
D. 153 Winkler Road
This property is located on the other side of the ravine from 144 Wells Road. During the observations made of the tree cutting on Wells Road, it was noted that pallets and tree branches and brush are being dumped down the slope on the side of the ravine located at 153 Winkler Road. A letter was sent to the property owner(s) notifying them of the terrace escarpment soils on the slopes, instructing them to discontinue dumping. The homeowner's handout of Terrace Escarpment Do's and Don'ts was also sent to the owner.
E. 110 North Road
Ms. Rudek reported observations of tree cutting or possibly clear-cutting in a wetland area on 110 North Road. A letter, dated May 3, 2006 was sent to the property owner citing Section 5 of the Wetland Regulations with regard to clear-cutting being a regulated activity that requires a permit. She anticipates hearing from the owner to do a follow-up site visit with them to determine if remediation or a permit is required.
F. Balch property, area near the rear of Henry's Pizza Restaurant
It was requested that Inland Wetland Agent Nancy Rudek investigate what appears to be tree-cutting and possible clearing on Mr. Balch's property on the east side of Route 5 (rear). Concerns were raised due to a watercourse that runs through that property.
G. Natural Resource Protection Committee (NRPC)
Commission member Janice Warren, who is also a member of the NRPC, reported on the current activities of the NRPC. They are creating a rating system consisting of potential preservation criteria for open space properties. The categories include: farmland, wildlife habitat, public water, passive recreation and a special component for multiple values.
CONFERENCES/SEMINARS/TRAINING
Commission members were reminded to call the Planning Office if interested in the Inland Wetland Training Program courses coming up in June.
ADJOURNMENT
MOTION: To adjourn the meeting at 9:35 p.m. Thibodeau/Koczera-Unanimous
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Respectfully submitted,
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Nancy J. Rudek,
Acting Recording Secretary
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