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January 3, 2007 Minutes
Town of East Windsor
Conservation Commission/                              
Inland Wetland Watercourse Agency            
Town Hall, 11 Rye Street, P.O. Box 389, Broad Brook, CT 06016   Tel:   (860) 623-2302   Fax:  (860) 623-4798

Regular Meeting Minutes
January 3, 2007


CALL TO ORDER

Chairman Linda Kehoe called the regular meeting to order at 7:34 p.m. at the East Windsor Town Hall.


ESTABLISHMENT OF QUORUM

Present:
        Linda Kehoe
        John Malin
        Richard Osborn
Rene Thibodeau
Michael Ceppetelli
Michael Sawka
Janice Warren, Alternate

        Nancy Rudek, Inland Wetland Agent

Absent:
Michael Koczera
Tina McCarter, Alternate


In Mr. Koczera’s absence, Jan Warren will act as participating voting member of all issues this evening.


III.    AGENDA ADDITIONS

68 Abbe Road - To be heard after XII Status Reports

IV.     APPROVAL OF MINUTES – (11/1/06 12/6/06)
MOTION:  To approve the November 2006 meeting minutes with the changes indicated.

Mr. Osborn / Mr. Ceppetelli
Vote:  Unanimous
Motion Carried


MOTION:  To table the December 2006 minutes to the February meeting.

Mr. Osborn / Mr. Malin
Vote:  Unanimous
Motion Carried


V.      PUBLIC HEARINGS  (on Inland Wetland applications)

A.  58, 64, 70, 76 & 82 Winkler Road – Letter from Attorney Familgietti

MOTION:  To move Winkler Road to the February meeting.

Mr. Osborn / Mr. Malin
Vote:  Unanimous
Motion Carried


MOTION:  To continue the Public Hearing to February 7, 2007.

Mr. Osborn / Mr. Malin
Vote:  Unanimous
Motion Carried


B.  East Windsor Inland Wetland & Watercourse Regulations – Continued public hearing on proposed amendments to the Inland Wetland Regulations.





MOTION:  To take out of agenda order.

Mr. Ceppetelli / Mr. Osborn
Vote:  Unanimous
Motion Carried


VI.     CONTINUED APPLICATIONS OR BUSINESS   

        A.  206 East Road  - Received a request to continue this matter tot the February 7th meeting.

MOTION:  To continue to the February meeting.

Mr. Malin / Mr. Osborn
Vote:  Unanimous
Motion Carried


        B.  257 South Water Street (rear of parcel) – Mr. Pedro Vega is the Applicant.  Revised plans were presented by Inga of Inga Consultant Engineers of Hartford.

The regulated area – most of the house is within the regulated area.  They propose to sit the house on the flat area of the property.  They plan to dig down and use a small area to have a walk out basement and will put in retaining walls.  Applicant is planning a 25ft wide driveway.  Applicant wants to put sewer pipeline in before the house.  Which will require machinery with tracks to do the digging.  It will need 4-5 ft in width to do the excavation and will silt fence in area excavating.

The stockpile will be away from the wetlands area on the other side of the site for the house.

Jenette Compton – landscaper and acting environmental advisor with a masters in horticulture was present to advise on the wetlands area and materials.  There will be seeding after the excavation with a wetlands mix.  Further work to remove dead trees and replace them with native species, shrubs, etc and will include in the design of the landscape of the property.  She provided a packet (a copy of which can be obtained in the Wetlands office), which identifies the native species being used with more detail to plan and impact.


The Commission requested details on the retaining walls.  The existing edge is 56’ dropping down to 48’.  Will be taking 8’ off the top of the slope.  The applicant will stockpile the material removed until it is determined if it is needed to back fill and if not, it will be removed.  They are not planning on going any where near the encroachment line.  The retaining walls will be where the slope is already level, the applicant will just be going 8’ lower.  The applicant will allow a 15’ easement between the house and the retaining walls to allow access to the sewer line for maintenance.  Kevin has seen the new plans and is okay with them as long as there is a 15’ easement on either side.

The Commission expressed a concern with the manicured riverfront.  It was further explained by Ms. Compton that they will maintain the same wetland character.  They will be removing the dead and diseased trees.  It was further mentioned by the Commission that the dead and diseased trees serve a purpose to the root systems to hold back the banks, etc.  The Commission advised that it would prefer to see in a plan what is going to be removed and what is going to be staying.  It was further explained by Ms. Compton that there were no plans for any large changes and any changes will happen in stages.  

The Commission requested slope measurement and soil scientists report on soil on the slopes.  Mr. Vega advised that he turned in a soil scientists report at the time of the application.  

The Commission reiterated that they would like to see exactly what trees will be coming out due to the steep slope and what will be cleared at what level of the slope.  Would like it indicated on the landscape plan what species to be removed and are invasive.

The manicured area is designed to be low maintenance with minimal run off and mowing.  The Commission would like clarification on the erosion control, as well as long-term erosion control.  The response was that it will be a staged process and will go beyond the initial seeding for several years with plantings of saplings and shrubs to cover the area where the sewer line is going in.   The size of the plantings will be small with willows, dogwoods, etc that will quickly establish erosion control.  The question arose as to a conservation easement for this area.  The applicant advised that based on his attorney’s advise, he doesn’t feel it is beneficial at this time due to the fact that the applicant does not plan on going back there.  

The Commission addressed the letter of the abutting property owner.  Only the last paragraph pertains to the Wetlands Commission and DEP is a separate and distinct process and the CT River Assembly is no longer participating.

The Commission has 2 packets of information that has not been reviewed at this time and is requesting copies of the revised map and the timeframe of erosion control, seeding mix, etc.  The packet must provide samples of what will be used.

MOTION:  To continue the application of Mr. Vega to the February meeting.

        Mr. Malin / Mr. Osborn
        Vote:  Unanimous
        Motion Carried


        C.  Wapping Road Earth Excavation Operation - Herb Holden Trucking is looking to excavate 86.5 acres owned by NORCAP – Jay Ursery of J.R. Russo was present representing Herb Holden Trucking.  Also present were Herb Holden, Attorney Allen Koerner, Mr. Botticello and Michael Gragnolati, Soil Scientist.  

Jay from J.R. Russo gave his presentation and advised that 2/3 of the property is agricultural with the Railroad line running North/South.  The same entrance will be used that was used for the Norcap Landfill.  There are wetlands West of the Railroad tracks.  The parcel was agriculture previously for tobacco and corn.  There is a catch brook.  The wetland area associated is East of the area.  The wetland line is quite a distance from the brook.  The South Side of the area is a small wetland area, which is isolated – it’s a small pocket.  There is 86.5 acres in total with 19 acres of wetland on the property with no disturbance of wetlands.  3/10th of an acre of upland disturbance of sedimentation.  There will be 2 sedimentation areas to catch anything that may come down during the excavation.  The property will be graded to maintain 8ft of finish grade to any groundwater.  Mr. Botticello will continue to farm the property when the project is done.  

In order to maintain the 8ft finish grade, it will cause us to encroach on the wetland area.  They will be creating a basin a size enough to carry a storm with no over flow.  The railroad tracks are a separate area and the wetland has a disturbance and has been for several years.  

The Plan accomplishes some erosion problems due to ATV’s, dirt bikes, etc that frequent the area.  They have created a path and an area of erosion about 20ft deep and 40 ft wide in some areas.  With the help of Herb Holden Trucking, they will be creating a birm and the excavation will create a gentler slope and lead to the sedimentation basin.

Access to the property does not involve any wetlands.  Will utilize the existing haul road and access from Wapping Road.  3/10th of an acre is associated with the sedimentation basin and drainage outlet.  The entire project is outside the 150 upland review area.

The slope is bad all the way down and this will make better farmland, which is closer to the water table.  There is no clay, is either gravel or sand and will put back whatever they take out.  There will be 8ft left with topsoil.

The timeframe will be done in phases.  Essentially are planning a 2-phase site.  They will start on the end furthest from the catch brook.  Planning on it taking 6-7 years depending on the economy.  

There are no worse case scenarios, because there are no issues with a storm, even if its in the summer, the water will go back into the ground.

MOTION:  To approve the application of Herb Holden Trucking for Wapping Road.

        Mr. Osborn / Mr. Malin
        Vote:  1 abstention
        Motion Passed

Discussion:  The Chairman mentions that she is okay with not walking the property due to it only being 3/10th of an acre of upland.


VII.    New business

A.  4 Brook Wood Court (lot 8) - In October there was no quorum for the meeting.  At the time the applicant showed a vague plan that did not show the regulated area.  Suzy Coulture and Peter Coulture are present representing Superior Builders.  Suzy gave her presentation and went on to advise that they chose the lot due to the elevation.  The property was a nursery and is now covered with rhododendrons.  Len Norton recommended silt fencing and it is up.  

They are here tonight due to the proposed location of the house.  It is in the regulated area. The back of the house is 50ft from the designated area.  The house could be pushed back 10ft down, but then they start to get into the septic area and the property slopes down to the road.

The open space went to the Anglers Club, so no conservation easement can be put in place.  Owners are planning on putting in a pool, which will be concrete.  The Commission would like it put on the deed that the pool will have to be drained by a company.  Would also like a note put on the plans indicating the stipulations must be followed if the property changes hands.

The angle chosen for the house caters to its own view and doesn’t focus on the house in front.  

Would like an amendment to the existing permit.

MOTION:  To approve the revised plans of 12/15/05.

        Mr. Osborn / Mr. Sawka
        Vote:  1 opposed
        Motion Passed


RECESS for 5 minutes at 9:25

BACK IN ORDER at 9:30


MOTION:  To go out of agenda order

        Mr. Malin / Mr. Osborn
        Vote:  Unanimous


XI.     VIOLATIONS (for action or show-cause hearing)     

        A.  32 North Road – Mrs. Shoham is the owner of the property and is present.  The tenant is a granite company.  There is a granite dust pile and blocked catch basin.  No maintenance is scheduled for the catch basins.  Mr. Shoham had a cleaning company come in from Agawam.  The catch basins drains, but very slowly, which has been the situation for 20 years.

The granite company has advised that they will use a filtration system to grind with water and keep the dust/sand contained.  They have ceased outside activities and the catch basin has been cleaned to drain so that it will not cause a wetlands issue.

Nancy is satisfied with the wetlands issues, now the issues are zoning issues.  Mrs. Shoham was recommended to work with Nancy to stay on the tenant and hold him to his agreement on drainage.

Nancy will update next month.


BACK TO ORDER

VIII.   NEW APPLICATIONS TO BE RECEIVED

        None


IX.     MISCELLANEOUS

        A.  Election of Officers
        
Cast 1 vote for present slate of officers as is.

        Mr. Malin / Mr. Osborn

B.      NRPC Grant - Jan Warren gave her status Report on the NRPC Grant.  The Grant is available through the CT Agriculture and they are eligible for money from the grant to do surveying, aerials on potential conservation areas, hours for staff to be dedicated to farmland preservation.  They got the grant for $30,000.00.

Conveyance tax fees are accumulated into the Grant money.  The Planning office will initiate 1 meeting to get all land use and preservation interested parties.

        C.  2006 commissioner Training Program/Session III - Jan Warren gave her update on the training and indicated that it was enlightening and interesting.  Nancy and Linda are working on a library for anyone to access on wetlands.


X.      AGENT DECISIONS   

A.  3 Craftsman Road - Infoshred is taking the grassed area to make more parking.  There are no wetlands there.


XI.     VIOLATIONS (for action or show-cause hearing)     

B.  24-26 Scott Avenue - Have been cleaning the yard and put dead trees and leaves in the ditch.  The owner lives in Enfield and Nancy advised that she is not getting any answers to her requests.  The occupant and the owner in Enfield have the same name – same address.  Nancy advised that she has to do some additional investigating.


XII.    STATUS REPORTS   

Note from WPCA – Condition for sewers for Canyon Ridge – To go into Enfield would be addressed by our WPCA – the letter satisfies our condition.

Nardia Farms – 309 Scantic – no plans submitted yet.

68 Newberry Road – Steve Dearborn is clearing the old Noble Farm, he has intentions of clearing 25 acres.  Farming is exempt – normal farming.  He has a Terex and it was parked in the intermittent watercourse.  The property is in an industrial zone.  The farmhouse and barn are demolished.  The Commission would like Nancy to see if he took title to the property.

Rye Street – Norton Fields – Mr. Letourneau was dropping piles there and didn’t know that he couldn’t.  A letter needs to be sent out the he needs to put up silt fencing.

Mahoney Road – stockpiling – there is a large quantity of stockpiling going on.  There is a question as to whether or not it is going beyond the boundaries of what is in the original plans.

Trolley Museum – is a mess.  The carver left logs.  Has been addressed with the Trolley Museum, but they have no money.  The Commission would like to bring them in to discuss the problem at the February Meeting.


MOTION:  To adjourn at 10:15

        Mr. Malin / Mr. Osborn
        Vote:  Unanimous
        Motion Carried


A Regulations Special Meeting will be held on January 24th

MOTION:  TO CALL BACK TO ORDER

        Mr. Osborn / Ms. Warren
        Vote:  Unanimous
        Motion Carried

Motion:  To Open Public Hearing.

        Mr. Osborn / Ms. Warren
        Vote: Unanimous
        Motion Carried

Continue to a special meeting on Wednesday, January 24th at 7:00.  A quorum is needed – who can commit to be there:

        Mr. Ceppetelli
        Ms. Warren
        Mr. Sawka - will try
        Mr. Osborn - will try
        Mr. Koczera - will call


MOTION:  To continue to January 24th

        Mr. Osborn / Mr. Malin
        Vote:  Unanimous
        Motion Carried



MOTION:  To adjourn at 10:25

        Mr. Osborn / Mr. Malin
        Vote: Unanimous
        Motion Carried



Respectfully Submitted,


Lori P. Holden
Recording Secretary