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
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Regular Meeting Minutes
August 2, 2006
CALL TO ORDER
In the absence of Chairman Kehoe, Vice Chairman Michael Ceppetelli assumed the role of Acting Chairman.
Acting Chairman Michael Ceppetelli called the meeting to order at 7:32 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, CT.
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ESTABLISHMENT OF QUORUM
Members present: Michael Ceppetelli, Michael Koczera, Richard Osborn, Janice Warren, Tina McCarter
Members unable Linda K. Kehoe, Michael Sawka, John Malin, Rene Thibodeau
to attend:
A quorum was established with three regular members and two alternate members.
Also in attendance was Nancy J. Rudek, Zoning/Wetland Enforcement Official
Acting Chairman Michael Ceppetelli cordially welcomed Tina McCarter, a new member to the Inland Wetlands Agency.
AGENDA ADDITIONS:
MOTION: To accept the agenda addition under Miscellaneous: 96 Newberry Road -
Pre-application meeting to discuss a proposed industrial subdivision. Koczera/Osborn- Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the regular meeting minutes of May 3, 2006 as submitted.
Osborn/Koczera - Ceppetelli abstained - Motion carried
MOTION: To approve the regular meeting minutes of July 5, 2006 as submitted.
Osborn/Koczera – Unanimous
CONTINUED APPLICATIONS OR BUSINESS - Submitted For:
Inland Wetland Permit to Conduct Regulated Uses:
A. Greenwoods Lane (Greenwoods Condominiums)- Continued application of Connecticut Property Engineering to conduct regulated activities associated with the installation of a new culvert and cleaning of the stream channel. (65-day application period ends 9/8/06)
Mr. Tim Wentzel of CT Property Engineering reiterated the matter of flooding problems at one section of the condominiums. As requested by the board at the last meeting, Mr. Wentzel submitted a blown-up map showing the area of the proposed pipe. He explained that there are three watercourses that join where the condo complex starts at Route 5 and Newberry Road. With increased development, there has been a buildup of sediment in the stream that flows through the complex. When the complex was first constructed, a 30” pipe was placed across an old farm road. A duplicate 30” pipe is being proposed next to the existing pipe to increase the flow capacity. Due to the sewer line that runs along the farm road, placing a new pipe is more feasible than digging up the area. They are also requesting to clean the streambed of accumulated
sediment and fallen trees. The work will be done during the dry weather--if not this summer, then they will have to wait until next summer. Double rows of hay bales are shown on the map for erosion and sedimentation controls. It was requested that the contractors call the Inland Wetland Agent when the project is ready to begin.
MOTION: To approve the application of Greenwoods Condominiums for an inland wetland permit to conduct regulated activities involving the installation of a 30” pipe next to the existing pipe and cleanup/maintenance of the streambed. Osborn/Warren - Unanimous
RECEIPT OF APPLICATIONS - Submitted For:
Amendment/Extension of Existing Permit
A) Wapping Road - NORCAP - Application of Dennis Botticello for an extension of existing I/W Permit #1295 for excavation of property (formerly Maslak property).
In attendance was the applicant, Dennis Botticello and representing him was Attorney Allan Koerner and Mark Zessin of Anchor Engineering. Attorney Koerner explained that the applicant is seeking an extension of the existing permit to continue excavation of the property. An Inland Wetland Permit was approved for modification last year for construction of the berm, which has been completed. Mark Zessin described the proposed work to excavate deeper, staying six feet over groundwater level. As requested by the Planning & Zoning Commission, groundwater elevations were conducted and submitted to the PZC. Mr. Zessin distributed copies of the Groundwater Elevation Monitoring wells, along with a report showing details of boring depths and locations. The data submitted shows 3 years worth of testing. He further noted that this is phase three
of the excavation operation on this portion of the (Maslak) property. Mr. Zessin showed the location of Ketch Brook in relation to this project, which is over 300 feet away. Commissioner Richard Osborn questioned whether the excavation would be 5-6 feet higher than the brook. Mr. Zessin replied that it would be approximately 8 feet higher than Ketch Brook. When completed, this area will be reclaimed. He also explained that the groundwater monitoring is performed four times a year. He is confident that the groundwater will not be reached—that the sandy soils are consistent throughout the site. In response to Commissioner Koczera’s question regarding the berm, Mr. Zessin stated that it would remain after completion of the excavation operation. A discussed continued concerning the soil types, with Mr. Osborn noting that there is no clay to prevent infiltration of fertilizers. Mr. Zessin responded that a foot of topsoil would be placed as required for the
reclamation. Commissioner Osborn noted his concerns with possible pollution to Ketch Brook. Mr. Zessin described the water quality testing procedure, adding that the quality of water downstream is basically the same. He further explained the detailed levels of cover and membrane used for closure of the landfill. The Department of Environmental Protection requires 30 years of monitoring surface and groundwater. These reports are submitted to the DEP’s Water Resources Division who does an annual report summarizing the results. Acting Chairman Ceppetelli noted that the proposal was not a new activity, although it does affect the filtering process.
MOTION: To grant a two-year extension on the existing Inland Wetland Permit #1295, valid through 8/2/2006 to conduct the excavating activities associated with Phase 3 (Maslak property).
Koczera/Osborn - Osborn opposed - Motion carried
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MISCELLANEOUS
96 Newberry Road - Pre-application discussion of proposed industrial subdivision.
In attendance was Jay Ussery of J.R. Russo & Associates. Mr. Ussery addressed the Commission, explaining this was an informal presentation of a forthcoming application for property that was formerly known as the ‘mushroom factory’. The new owners, East Windsor Limited Partnership, took over the 86-acre parcel approximately 5 years ago. At the time of purchase, the owners did an evaluation of the property for future development. The wetlands were delineated in the field by Soil Scientist Michael Gragnolati. The current proposal is to subdivide for commercial development on separate parcels. Mr. Ussery presented a map indicating the wetland boundaries. He showed the connecting watercourses in relation to drainage flow. Some of the property was previously used for agricultural purposes. Mr. Ussery pointed out the
proposed buildings and acreage of each parcel as conceptual. As each parcel was purchased or proposed for construction, it would be required to come back to wetlands with final details for each particular building site. There is sewer service to the existing building and a new pump station on Newberry that would serve the proposed subdivision. Mr. Ussery noted the extensive amount of wetlands on the 86 acres, questioning whether the Commission would require reflagging of the entire property, or if the wetlands re-delineation could be done at the time of each individual application. Mr. Ussery noted that he had a preliminary meeting with Town Staff, during which
Inland Wetland Agent Nancy Rudek questioned if there was a possibility of the existence of vernal pools. Also, considering the large mount of wetlands, recommended that the project be reviewed
by David Askew of the Hartford County Conservation District. Mr. Ussery noted that based on the topography and that the wetlands were more associated with watercourses; he didn’t think the property had vernal pools. Ms. Rudek cited that an old file had a biological assessment done on the property in 1985, although it appeared to be just for the parcel of the existing building. Mr. Ussery pointed out that the proposed disturbance to the wetlands would consist of a couple of watercourse crossings. The discussion continued regarding the private road, which would have to be upgraded to town standards. The proposal on the map indicated that the road would be split with two cul-de-sacs, but it may be an issue for emergency vehicles. If the road were to continue in the same location, a variance would be required due to the proximity to
the existing building. Acting Chairman Ceppetelli cited that the parcels located at the bottom of the map were more complicated due to the amount of wetlands, further noting that a big concern would be storm water management. Mr. Ussery discussed individual detention basins being built according to the size of each building and impervious coverage. Mr. Ceppetelli suggested that the soil scientist do a report on the quality of the wetlands, adding that they might want to consider two separate applications. The upper parcel may not need re-flagging, but after some discussion, the Commission members opined that the two southwest parcels would need delineation. Ms. Rudek will consult with David Askew for suggestions on reviewing this project by the Conservation District, or if an ERT is warranted.
A. Inland Wetland By-Laws
In consideration of the new Commission member, Tina McCarter, the board was in agreement to allow time for her review of the by-laws before making a decision to adopt them.
MOTION: To table the adoption of the Inland Wetland By-Laws to the September 6th meeting.
Koczera/Osborn - Unanimous
B. Inland Wetland Regulations - Discussion of newly drafted regulations
Inland Wetland Agent Rudek explained that the newly drafted regulations are a composition of the new DEP Model Regulations, some insertions from the current regulations as they apply to the Town of East Windsor, and items from the Town of Simsbury’s regulations. Any changes made to the model regulations are shown in italics and can be further discussed. Ms. Rudek described the timeline requirements for filing with the Town Clerk and the 35-day requirement for sending the proposed regulations to the Commissioner of the Department of Environmental Regulation prior to a public hearing. The Commission concurred to continue discussion of the
regulations to the September meeting. That would allow time for any editing before an October Public Hearing on the draft regs.
MOTION: To continue discussion of the draft regulations to the September 6th meeting and schedule a Public Hearing date of October 4, 2006 for the public to provide input to the amended inland wetland regulations. Warren/Koczera - Unanimous
C. Natural Resources Preservation Committee (NRPC)
Commission member Janice Warren, also a member of NRPC, reported the latest activities of the NRPC, noting that they were reappointed as a group by the Board of Selectman. She provided details of the group working towards a referendum to bond $5 million for open space properties when they become available. Currently, there are no inventories of wildlife, etc., but they are working on a rating system to qualify properties. She is trying to bring this to a town meeting to ask for support from the Commissions and residents. As discussed some time ago, the NRPC would evolve as the Conservation Commission if The Charter Revision Committee amends the charter to separate the Inland Wetlands and Conservation Commission. The Conservation Commission would then have more time for conservation duties; I.e., inventory of open space and
properties with conservation easements, preservation of natural resources and farmland. The Charter Committee is having a Public Hearing on August 3rd during which this matter will be addressed. In addition to Ms. Warren’s plan on attending the hearing, Ms. Rudek stated that she and Town Planner Laurie Whitten would be addressing the Committee to emphasize the benefits of two separate Commissions.
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AGENT DECISIONS - None
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STATUS REPORTS
A. 71 Abbe Road
Ms. Rudek cited letter issued to Mr. Phillips, the property owner. Several piles of dirt are located on his property where wetlands are shown on the town map. Ms. Rudek relayed to the Commission that Mr. Phillips contacted her immediately, stating that this matter occurred back in the 1980’s. At that time he presented to the Agency a letter from a soil scientist that reported no wetlands in that area. Mr. Phillips said he was allowed to continue filling that area of his yard, by virtue of permission from the Inland Wetlands Agency. Ms. Rudek was unable to find information in the files to corroborate these findings. Mr. Phillip will research his old files and contact the office. He also explained to her that the soil and pipe was to be relocated to the front yard to correct drainage problems. Ms. Rudek advised him to contact the
Town Engineer before installing any pipe or fill.
B. Coleman Farms Active Adult, Tromley Road
Wetland Agent Ms. Rudek reported to the Commission that an application of algaecide to one of the storm water ponds at Coleman Farms resulted in a loss of oxygen and killing numerous frogs. The DEP was called when the episode occurred on a Saturday. The Pesticides and Fisheries Divisions responded and did water samples. Ms. Rudek has been in contact with them about the incident. She went out to the site on Monday after a resident called to relay what happened. She met with the site foreman who told her they’d be installing a new fountain to aerate the water. Ms. Rudek has issued a letter to the property owners advising them of other methods to control algae and to contact her prior to activities with the other storm water ponds. The ponds now have wetland habitat and hydrophytic vegetation and should be treated as regulated
wetlands.
STATUS REPORTS
C. 152-153 Rockville Road
Ms. Rudek cited the letter in the packets, dated July 7, 2006 from David Askew of the North Central Conservation District. A significant rain event on the weekend of June 24-25 caused the watercourse at Rockville and East Road to overtop the road and cause erosion and flooding damage to the Juknis Farm property. Sediment clogged the culvert, resulting in water being diverted. Ms. Rudek, Mr. Juknis and David Askew walked south up the brook, where bank erosion was evident. Mr. Askew’s report offers immediate recommendations to alleviate a future problem, however, there would need to be funding to correct the problem long-term. Mr. Juknis is contacting the town and Public Works Director to seek assistance with this problem.
D. Windsorville Dam
Activities for repairing the Windsorville Dam are ongoing. Ms. Rudek noted the correspondence between the associated parties is put into the meeting packets for the Commissions information. However, the DEP has deemed this matter as an emergency situation that overrides local approval.
CONFERENCES/SEMINARS/TRAINING – None
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ADJOURNMENT
MOTION: To adjourn the meeting at 9:15 p.m. Osborn/Warren - Unanimous
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Respectfully submitted,
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Nancy J. Rudek,
Acting Recording Secretary
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