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
Special Meeting Minutes
January 24, 2007
CALL TO ORDER
Chairman Linda Kehoe called the meeting to order at 7:02 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM
Members present: Linda K, Kehoe, Michael Ceppetelli, Michael Sawka, Tina McCarter
John Malin, Rene Thibodeau
Members unable Michael Koczera, Janice Warren, John Malin, Rene Thibodeau,
to attend: Richard Osborn
Public guests: Kathy Pippin, John Matthews
Also in attendance was Nancy J. Rudek, Zoning/Wetland Enforcement Official (Acting Recording Secretary)
PUBLIC HEARING
East Windsor Inland Wetland & Watercourse Regulations – Continued
public hearing on proposed amendments to the Inland Wetland Regulations.
MOTION: To open the continued Public Hearing on the proposed amendments to the Inland Wetland Regulations. Sawka/McCarter-Unanimous
Chairman Linda Kehoe cited the draft copy of the proposed regulations dated 09-07-06, which were last discussed at the 11-07-06 meeting. It was noted that everyone should have a copy of the Zoning and Wetlands map, however, the wetlands map is not dated. Nancy Rudek explained that the referenced wetlands map is from the Plan of Conservation & Development. This led to a discussion regarding the maps used in the office versus the official wetland map that is filed in the land records. The adopted wetland map in the land records is a soils map that is depicted too small on the map to easily determine the location of wetlands and watercourses. This segued into a discussion concerning the town’s status with GIS (Geographical Information System) and it’s value as it relates
to obtaining mapping details, i.e., soils, wetlands, roads, etc. The parcel baseline mapping for the town is complete. It is anticipated that bids will be going out soon to contract a consulting firm to complete the GIS mapping for the town. At that time, an official Wetlands Map can be adopted that will be digitally accessible. Commissioner Ceppetelli raised questions related to the possibility of amending the wetlands map as applications are approved. Approved plans would have the required wetland delineations completed by a certified soil scientist, therefore, resulting in correctly defined wetlands. Nancy Rudek will find out additional details required to input amended wetland boundaries as approved. This topic is related to Section 3.3 of the proposed regulations that state the Agency shall maintain a current inventory of regulated areas.
Section 2 - Definitions: (Specifically, floodplain and regulated activity)
Chairman Kehoe brought up previous comments regarding floodplain definitions, further suggesting that this be revisited after reviewing the Planning & Zoning Floodplain Regulations. The definition should coincide with Planning & Zoning floodplain definitions.
With respect to “regulated activity” in the definitions, Chairman Kehoe advised the members to review the three choices of this definition outlined in the State’s Model Regulations to determine which option is most applicable and easily implemented.
Section 4
Suggested punctuation changes, along with the following elimination in Section 4.1.d. “such property defined as equal to or smaller than the largest minimum residential lot site permitted anywhere in the municipality provided that in any town where there are no zoning regulations establishing minimum residential lot sites, the largest minimum lot site shall be two acres”. and, within the same paragraph, replace ‘significant’ with “any amounts of material from or onto a wetland or watercourse, or diversion or alteration of a watercourse”;
Section 6
Changes to 6.1 – Second paragraph—correct spelling of word within one-hundred fifty (150) feet of the (change wording) upland review area that borders a wetland and/or watercourse, floodplain, and on terrace escarpment soils adjacent to a wetland, watercourse or upland review area.
Section 7
Minor format changes to Section 7.1.
Changes to 7.4.1 If the Commission finds that a proposed use or activity does not involve any regulated activity as defined in these regulations, a determination of No Jurisdiction may be made, and no permit for such activities shall be required. Any such rulings may be subject to limitation or revocation if it is later shown that such use or activity affects nearby wetlands or watercourses. The Commission’s decision shall be stated in writing, and payment of the application fee may be waived.
Section7.5.g. – question regarding spelling of “diagramed” or should it be “diagrammed”?
Section 7.6.d. – “a description of the ecological communities and functions and values of the wetlands or watercourses involved…………..functions”;
Section 7.6.g. – “management practices, maintenance schedules and other measures designed to ……… activity”.
Section 7.8 – “Five to ten copies, to be determined by the Agent or Agency, of all application materials shall be…………… the Agency”.
Section 8
Section 8.1 – Elimination of “OR” and second paragraph of 8.1.
Section 9 – punctuation changes
Section 10 – a. thru e. – replace beginning Capital letters with small letters.
Changes to Section 10.1.b.
1. Conservation Commission/NRPC
Planning, Zoning, or Planning and Zoning Commissions
no change
no change
no change
American Heritage River Commission
WPCA (Water Pollution Control Authority)
Section 11
Section 11.6 – Some confusion regarding timelines and how they are applied. Nancy Rudek to look into for clarification.
Section 11.7 – “No permit issued by the Agency shall be assigned or transferred without the written permission of the Agency”. No change to this regulation, but to investigate further and create procedure to follow through with this regulation. Mr. John Matthews, member of the Planning & Zoning Commission would also like information as to whether the regulation can apply/be placed in the Planning & Zoning Regulations.
Section 11.9 a. thru e. – correct punctuation and replace capital letters with small letters at beginning of each lettered section.
Section 12
Section 12.1 – Correction of word: in 3rd line, replace “that” with “than”
Section 19 -
Section 19.1 – addition at end of first sentence – “Application fees ……….. before it
said Agency”. In last sentence, add “beginning and ending quotes to “Town of East Windsor”.
Section 19.3 – Changes starting with third sentence. “…….The fees will be determined by the Town through obtaining an estimate estimates from its consultants based on the nature of the application. and multiply that fee by 1.5. The applicant shall make a payment to the Town prior to the Wetland Agency holding a public meeting for said application within five business days of receiving notice of the amount due. If the Town expenditure exceeds the estimate the applicant shall submit additional funds within five (5) days upon receiving notice from the Town. Any portion of the fee in
excess of the actual cost shall be refunded to the applicant no later than 30 days after publication of the agency’s decision.
The Commission raised questions regarding the specific regulation or town ordinance that exempts municipalities from application fees.
Questions regarding definitions of the following words: promulgation and obviate
MOTION: To continue the Public Hearing on the Wetland Regulations to the February 7, 2007 regular meeting. Sawka/Ceppetelli-Unanimous
ADJOURNMENT
MOTION: To adjourn the meeting at 9:40 p.m. Ceppetelli/McCarter-Unanimous
Respectfully submitted,
Nancy J. Rudek,
Acting Recording Secretary
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