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
February 7, 2007
CALL TO ORDER
In the absence of Chairman Linda K. Kehoe and Vice Chairman Michael Ceppetelli, Richard Osborn assumed the role of Acting Chairman.
Acting Chairman Richard Osborn called the meeting to order at 7:33 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, CT.
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ESTABLISHMENT OF QUORUM
Members present: Richard Osborn, Rene Thibodeau, John Malin, Michael Koczera, Janice Warren
Members unable Linda K. Kehoe, Michael Ceppetelli, Michael Sawka, Tina McCarter
to attend:
Also in attendance was Nancy J. Rudek, Zoning/Wetland Enforcement Official
AGENDA ADDITIONS: None
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APPROVAL OF MINUTES
MOTION: To approve the Regular Meeting Minutes of December 6, 2006.
Koczera/Thibodeau-Unanimous
With respect to the January 3, 2007 Minutes, Commissioner Jan Warren recommended the following changes: 3rd paragraph (page 3) under Wapping Road Earth Excavation Operation. Last sentence to be reworded to read more clearly: “The railroad tracks are a separate area and the wetland has been disturbed a disturbance and has been for several years“.
An additional change under Status Reports: 4th sentence under 68 Newberry Road should be removed, as it is incorrect. The farmhouse and barn are demolished.
MOTION: To approve the Regular Meeting Minutes of January 3, 2007, with the noted changes.
Thibodeau/Warren - Koczera abstained - Motion carried
It was determined that the members in attendance at tonight’s meeting were not at the Special Meeting held on January 24, 2007.
MOTION: To table approval of the January 24, 2007 Special Meeting Minutes to the March 7, 2007 meeting. Koczera/Malin-Unanimous
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PUBLIC HEARINGS:
A. East Windsor Inland Wetland and Watercourse Regulations - Continued public hearing on the proposed amendments to the Inland Wetland Applications.
MOTION: To re-open the public hearing on the proposed amendments to the regulations.
Koczera/Warren-Unanimous
Wetland Agent Nancy Rudek noted that the Commission members have received a complete copy of the revised regulations depicting the latest changes made at the 01/24/07 Special Meeting. The new changes are noted in red. She distributed copies of another proposed legislature change just received by the DEP. Section 8.3 should be replaced to conform to the new revision as amended under Public Act 06-53.
Due to the lengthy agenda, it was the consensus of the board to continue this public hearing to the next regular meeting.
MOTION: To continue the public hearing on the proposed Inland Wetland Regulations to the March 7, 2007 meeting. Warren/Koczera-Unanimous
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B. 58, 64, 70, 76 & 82 Winkler Road - Continued public hearing on the application of LTP Realty, Inc. (Peter Nguyen) to conduct regulated activities associated with a 5-lot single-family residential re-subdivision. Total parcel is 17.32 acres, located on the west side of Winkler Road, approximately 600 feet from Newberry Road, served by public water and sewer.
(35-day period to conclude public hearing ends 2-7-07)
The Legal Notice that was published in the Journal Inquirer was read into the record.
Commission Member Michael Koczera took a conflict of interest and removed himself from participation and voting on this application.
Attorney Dory Famiglietti of Kahan, Kerensky & Capossela, approached the Commission as the legal representative of the property owner. Also in attendance for this application were the engineers, Tim Coon and Jay Ussery of J.R. Russo & Associates and David Kuzmak, representative for the applicant.
Attorney Famiglietti explained that this hearing was not officially held in January as scheduled as a result of the required sign not being posted and the lack of notification to the abutting property owners, thus it was continued to this meeting. These requirements have now been met. She continued with a brief description and purpose of this application that is for 5 single family lots on Winkler Road, located next to the Newberry Village project that was previously approved by this Commission. For the record, an environmental assessment report entitled, “Wetlands Assessment“, by George Logan of REMA Ecological Services, LLC, was submitted with the application. The report references potential vernal pools. Attorney Famiglietti relayed that since the time the report was completed and after many additional site investigations,
it has been determined that the areas do not meet the criteria or function as vernal pools. The lots will be served by public water and sewer. The sewer line will be extended from Newberry Road to this project, subsequently becoming the Town’s sewer. All development has been designed to avoid direct disturbance to the wetlands. They are proposing a 12.4-acre Conservation Easement area in favor of the Town of East Windsor. Attorney Famiglietti stated that the actual acreage of this project is 17.64 acres. The Legal Notice stated 17.32 acres. Tim Coon pointed out the .32 acres that will be conveyed to the CT Trolley Company, resulting in 17.32 acres once that conveyance is complete.
Mr. Tim Coon of J. R. Russo & Associates made a presentation of the project noting that there are three areas of distinct wetlands, which are summarized in the Wetlands Assessment report. The forested wetlands drain towards the large offsite wetland, which is proposed under Conservation Easement. At this time, it was determined that the wetland expert, George Logan was not able to attend this meeting. The Commission concurred to continue with a brief description of the project, but will continue this hearing to the March 7th meeting for the presentation of the environmental details. Tim Coon continued discussion, noting that in between the wetland areas, they are utilizing the upland areas for the house locations. Most are oversized lots with a minimum of one acre. The houses have been placed to minimize disturbance to
wetlands. Lot #’s 2, 4 & 5, which have lengthy driveways will be constructed in accordance with rear-lot standards, allowing ample access for emergency equipment. Mr. Coon cited the proposed buffer plantings on Lot 5 to be located within the Conservation Easement, therefore, couldn’t be removed. Similarly, Lot 1 will have buffer plantings at the rear of the lot. Other mitigation measures include the 12.4-acre area proposed as Open Space, which will be put in a Conservation Easement in favor of the town. This proposed conservation area would abut an existing 89-acre conservation easement/open space in Newberry Village. In combination, the Conservation Easement areas will consist of over 100 acres of open space. They are providing erosion and sedimentation controls around the perimeter of the work areas as well as construction entrances at each driveway to minimize erosion and disturbance to the wetlands. There is no direct wetland disturbance, but the entire site is
within the 150-foot regulated area. In response to the Town Engineer Len Norton’s comment to show the 150-foot regulated line, Mr. Coon explained that it wasn’t feasible as the entire proposal is within the regulated area. Len Norton’s comments also addressed concerns with the proposed runoff that will sheet flow across the driveways. Mr. Coon described the design of the driveways: Lot #1 is on a high point and runoff from this lot is going to be split. The driveways proposed for Lots 2 and 4 are designed so that the runoff from Lot 3 is going to have to cross these driveways. Based on the limited area and sandy soils, they didn’t feel there would be any issues with runoff crossing over the surface of the driveways. They are proposing rights to discharge surface water in favor of the lots across those driveways to prevent the homeowner from building up the driveway, which would result in pooling and water backing up on Lot 3. Mr. Coon relayed that the Town
Engineer has looked at this design and apparently has had experience with this type of situation creating problems between homeowners in other areas in the town where runoff crosses the neighbor‘s driveway. The alternative, rather than having sheet flow cross the driveway, would be to create a swale along the driveway and provide a culvert to have the water cross under the driveway. In response to Mr. Norton’s request, Mr. Coon came up with that alternative. He stated that they didn’t do that particular design originally because of the discharge to the wetlands. Mr. Coon’s further discussion with Mr. Norton concerning the swale alternative was responded with indifference. Ms. Rudek stated she would discuss this matter further with the Town Engineer for clarification.
Attorney Dorian Famiglietti submitted a written request to extend the time period of the public hearing to the next meeting.
MOTION: To accept the request for an extension to the public hearing timeframe to the next regular meeting. Thibodeau/Warren-Unanimous
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MOTION: To continue the public hearing on the 5 residential lots on Winkler Road--to the March 7, 2007 meeting. Thibodeau/Warren-Unanimous
CONTINUED APPLICATIONS OR BUSINESS
A. 206 East Road - Request for a Ruling of A Permitted-Use-As-Of-Right for a proposed wetland crossing to access farmland at the rear of the property.
Nancy Rudek reported that the property owner, Kenneth Hunt, spoke with her today. On the advice of his attorney, Mr. Hunt has requested that this matter be continued to the next meeting.
MOTION: To continue the proposal for 206 East Road to the March 7, 2007 meeting.
Koczera/Thibodeau-Unanimous
B. 257 South Water Street - Continued application of Pedro Vega to conduct regulated activities involving the installation of a sewer line, associated with the construction of a single-family residential house. Total parcel is 2.59 acres, served by public water and sewer.
(65-day application periods ends 2-9-07)
In attendance were the property owner Mr. Pedro Vega, and his engineer, Mr. Andrew Inga of Inga Consulting Engineers. Mr. Inga presented the plans, revised to 1-3-07, reiterating the details of the proposal involving the excavation required for the proposed walkout basement and retaining walls. He pointed out the wetland boundary, stating that the house is not located in the wetlands, but in the regulated area. Mr. Inga explained that the work being done in the wetlands would be an 8-foot track to connect the sewer line. The rear of the house location will be excavated for a walkout basement and two retaining walls. He stated that the excavation activities would be kept to a minimum to prevent disturbance to the slope. The construction sequence details were noted and also copied and sent in the packets to the Commission members.
Phase 1 includes the construction of the driveway, rough grading and the installation of a new 8” sewer line from the house location to the lateral hook-up. Mr. Inga noted that at the last meeting a Commission member questioned the use of a septic system as opposed to the sewer line. He explained that a septic is not a viable alternative and that the sewer line is a temporary disturbance to the wetlands. There was discussion concerning the removal of trees on the slope down to the river area. Mr. Vega cited that this matter is detailed in the wetland mitigation report by Jenette Compton. The report outlines the removal of dead trees and replanting with native shrubs and trees. Commissioner Jan Warren questioned the specific information concerning the caliber of trees being removed. She would like to see this as a condition of the approval. Ms. Rudek also noted that the report specifies the removal of the three dead trees, but didn’t see a reference to any additional
trees. Also cited was the recommendation by the Town Engineer in letter dated February 1, 2007--to stockpile the organic soils from the wetlands separately and replace them in the area of the sewer lateral construction. The property owner stated he had no issues with this recommendation. Ms. Rudek advised that a possible condition to the approval could be that any additional trees (over 2” in caliber) proposed to be removed would require tagging and inspection by the Inland Wetland Agent due to the potential erosion of sensitive soils. Subsequent approval may need to be determined by the Inland Wetland Agency.
MOTION: To approve the application, subject to the following condition: The property owner will tag any proposed removal of trees that are over 2” in caliber and contact the Wetlands Office for an inspection prior to cutting or stumping. Koczera/Warren-Unanimous
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NEW BUSINESS
A. Tromley Road (Coleman Farms Active Adult Development)- Request for extension of existing permit #1305.
Attorney Leonard Jacobs, representing Coleman Farms, LLC, approached the Commission. He discussed the progress of the project, identifying issues that have been resolved and others that need to be addressed. He further noted the need for a renewal of the wetland permit in order to complete the work properly. Acting Chairman Osborn questioned how many units remain to be built? Twelve units remain to be sold, with a few of those already built. Attorney Jacobs introduced the new Site Supervisor, Sebby Testa, who has been hired to improve the site’s conditions. Ms. Rudek confirmed that she has met with Mr. Testa to walk the site and determine what measures were needed; i.e., additional erosion controls, mulching, cleaning up of debris. Mr. Testa has diligently worked to bring the site into conformance; however, Ms. Rudek cited concerns
with the condition of the storm water ponds. She further added that they have been filled in with sediment and need cleaning out to maintain the proper function of these drainage ponds. Mr. Ron Morin of 24 Skyline View Road, President of the homeowners association, requested to speak to the Commission. Mr. Morin relayed his concerns with the ponds not draining correctly and the unfulfilled promises from the owners. He did note that as of late, there has been more progress and commitment. He is in agreement that renewing the permit would enable the contractors to move forward towards completion but feels 8 months is a sufficient extension of the permit. He also stated that the walking trail way has been substantially modified and should be reviewed again. He is concerned that the existing bond money will not be sufficient if work is not completed, such as the clubhouse, walking trail and landscaping. Ms. Rudek explained that she has met with the owners and association at separate
times. She is aware of the issues and what remains to be completed. Some of the concerns, including possible bonding for the clubhouse, which is not built as yet, can be taken up with Planning & Zoning when their permit renewal is up in April. Ms. Rudek stated that there is a substantial performance & landscaping bond on the project and further relayed that the Town Planner is aware of the resident’s concerns and unfinished business on the site. It would be up to the Planning & Zoning Commission to determine if additional bonding is required. If the walkway has been modified significantly with regard to proximity to wetlands, it will have to be brought back to the Wetland Agency. This matter will be addressed when the plans are submitted for the Planning & Zoning permit extension.
Attorney Len Jacobs requested an extension of 12-18 months. Discussion ensued among the commission members regarding a reasonable timeframe to clean out the ponds and catch basins, to bring the site into compliance. It was decided that eight months would bring it to the end of autumn, allowing sufficient weather conditions to perform the required activities. If work is done satisfactorily and additional time is needed to complete construction on the project, another renewal should not be a problem.
MOTION: To grant an extension on Inland Wetland Permit #1305, valid through October 31, 2007. Koczera/Malin-Unanimous
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B. 309 Scantic Road (Narnia Farms) - Application of Aslan Enterprises, LLC for a Permitted-Use-As-Of-Right for clearing, stumping and grading of land associated with the creation of a new paddock area as it relates to a working horse farm involving horse training and boarding.
Mr. Jay Ussery of J.R. Russo & Associates presented the proposed plans to the Commission, explaining the location of the farm, east side of Scantic Road (at the curve). The property is 53+/- acres and backs up to the Scantic River. There is an existing riding arena and stable area on the right-hand side of the driveway, along with paddocks on either side. This project involves creating additional paddock areas to the west of the riding arena and southwesterly down slope towards the Scantic River. Mr. Ussery cited the location of the proposed expansion of paddocks.
Mr. Jay Ussery of J.R. Russo & Associates presented the proposed plans to the Commission, explaining the location of the farm, east side of Scantic Road (at the curve). The property is 53+/- acres and backs up to the Scantic River. There is an existing riding arena and stable area on the right-hand side of the driveway, along with paddocks on either side. This project involves creating additional paddock areas to the west of the riding arena and southwesterly down slope towards the Scantic River. Mr. Ussery cited the location of the proposed expansion of paddocks. The associated wetlands consist of a drainage way with some surface water that will flow down the hill to the Scantic River during storm events the proposal involves rough grading, grubbing and seeding for the paddocks. He pointed out the major canopy trees shown on the map
that will remain to provide shade for the horses. The owner will not be clear-cutting the entire area. They are requesting this use, based on the wetland regulations and agricultural definitions in the State Statutes.
MOTION: To make a jurisdictional ruling that this proposal for Narnia Farms is a Permitted-Use- As-Of-Right. Koczera/Thibodeau-Unanimous
B. 68 Newberry Road - Application of Steve Dearborn - Request for a Permitted-Use-As- of-Right for agricultural purposes.
Commissioner Rene Thibodeau recused himself from participation/voting on this application.
Representing the property owner Mr. Steve Dearborn, was Rachel Dearborn, engineer with Landmark Surveyors.
Ms. Dearborn distributed modified plans, revise to 02-07-07. She described the activities being conducted consisted of clearing and pulling out stumps for the raising of crops. When questioned as to what additional activities were proposed, Mr. Dearborn stated that he is done clearing the land for the farming use. Ms. Dearborn indicated the location of the stockpiles of stumps and woodchips. An earthen berm has been constructed around the parking area, which is the subject of another application on this property. Mr. Dearborn was advised that the exemption for agricultural use does not include dredging or filling wetlands.
MOTION: To make a jurisdictional ruling that this proposal for agricultural purposes on 68 Newberry Road is a Permitted-Use-As-Of-Right. Koczera/Malin-Unanimous
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NEW APPLICATIONS TO BE RECEIVED
A. 68 Newberry Road - Application of Steve Dearborn to conduct regulated activities associated with a contractor’s storage yard consisting of 1.98 acres out of a total parcel of 26 acres.
In attendance was the property owner, Mr. Steve Dearborn and his engineer, Rachel Dearborn of Landmark Surveyors, LLC. The Commission questioned the proposed use to be conducted on this portion of the property. Mr. Dearborn explained that he is moving his equipment from his 95 Rye Street business park to the metal building on this site. A gravel parking area of processed stone is proposed. He has submitted a site plan application to Planning & Zoning. The same drawings used for his farming use indicate the commercial area. Mr. Dearborn noted that the farmhouse and barn would be demolished following approval from the Historical Commission. Ms. Rachel Dearborn discussed the area of wetlands depicted on the map that were overlaid from the Town
Wetland Map. Due to the frozen ground, a soil scientist has not been obtained to define the exact boundaries of the wetlands. As shown on the drawings, the stockpiling is located in the wetland area. Commissioner Jan Warren questioned whether there were alternative areas to stockpile these materials. Mr. Dearborn stated that the subject area is the highest part of the site. The Commission discussed that the activities proposed are a disturbance to the wetlands, based on the wetland boundaries taken from the town map. Rachel Dearborn stated they are seeking a wetlands permit to conduct these regulated activities. Ms. Rudek explained that this application is just being received and in accordance with State Statutes, cannot be acted upon at this meeting. Mr. Dearborn agreed to contact a soil scientist to
determine if it is feasible to more accurately delineate the wetlands and/or to have an environmental report provided to determine any impact to the wetlands. This application is continued to March 7, 2007.
MOTION: To accept receipt of the application of Steve Dearborn for a proposed contractor’s storage yard within the regulated area on property located at 68 Newberry Road.
Warren/Malin-Unanimous
A. Phelps Road (Southern Auto Sales) - Application of Southern Auto Sales, Inc., to conduct regulated activities associated with the construction of a landscaped berm, on the south side of Phelps Road.
Representing the application was Jay Ussery of J.R. Russo & Associates. Mr. Ussery provided a description of the landscaped berm and the associated wetlands that exist in the agricultural field. He cited the pond that drains under Phelps Road. There is no proposed disturbance to the wetlands; however, the project is in the regulated area. A soils report, dated 2-5-07 is in the file, prepared by Michael F. Gragnolati, Registered Professional Soil Scientist. The purpose of the berm is to screen the area behind the berm for potential future use by Southern Auto. Ms. Rudek questioned whether the berm would result in additional flow or change in drainage. Mr. Ussery responded that the berm would be vegetated, causing no drainage issues. Town Engineer Leonard Norton’s review letter, dated 2-5-07
recommended that the work be done at a time when the site may be immediately stabilized. Mr. Ussery discussed the details of the landscaping, noting that native trees and shrubs will be planted which will supply a food source to wildlife. The native vegetation being used will also be more adaptable to the soil conditions and wetlands to the east.
MOTION: To accept receipt of the application of Southern Auto Sales, Inc., for the construction of a landscaped berm within the regulated area, located on the south side of Phelps Road.
Koczera/Malin-Unanimous
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MISCELLANEOUS: None
AGENT DECISIONS
A. 161 South Main Street (Southern Auto Sales, Inc.) - Construction of a 4,300 sq. ft. addition to existing auction building.
Wetland Agent Nancy Rudek explained that the proposal involves 2 additional auction bays to be constructed on existing pavement. There are no impacts to wetlands.
B. 24 Newberry Road - 1-lot re-subdivision referral to Planning & Zoning, as per Section 8-26 of the CT General State Statutes.
Nancy Rudek noted that this project was previously approved by the IWWA for an addition to the existing building at 24 Newberry Road and a new industrial building on the west side of the property. The property owner is re-subdividing the property for a future sale. The purpose of this decision was to satisfy the requirements of the statutes. Any changes to the previously approved project will need to be reviewed by the Inland Wetland Agen
STATUS REPORTS
A. 24-26 Scott Avenue - Ms. Rudek reported that the property owner has complied by removing the tree branches and woody debris from the Blue Ditch watercourse.
B. 31 Mahoney Road - Ms. Rudek distributed a letter dated February 1, 2007 from Andrew A. Pashos, the property owner of 31 Mahoney Road. The letter was in response to concerns the Commission raised regarding the continued filling of the property. Mr. Pashos’ letter stated that no additional fill material has been deposited since last summer. Due to the heavy rain, he was unable to grade the material, but since then has been removing some fill and re-grading to prevent erosion. He will be bringing in topsoil to complete the grading and subsequent seeding in the spring.
C. 58 North Road - CT Trolley Museum - At the request of the Commission, Mr. Lou Grimaldi was present at this meeting to address the Commission’s concerns regarding the woodpiles and debris located along the front of Route 140. Mr. Grimaldi explained that since the Wood Carver left the premises, they have been attempting to offer the wood to other people and carvers. He is aware of the mess and the need to clean it up. The Board of Directors have also requested cleanup of the area. Mr. Grimaldi noted that most of the railroad ties have been removed. He anticipates the removal of the remaining wood and the trailer within the next few weeks with complete cleanup prior to their spring season opening. They are in the process of having an engineered as-built plan completed with
the help of volunteers, including engineering students from UConn.
D. Rye Street/Letourneau Property - Ms. Rudek relayed that she had spoken to the property owner to remove or relocate the stockpiling of soil on the Rye Street property, noting that it was deposited within the regulated area. Mr. Letourneau has been in the process of removing the soil piles.
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CONFERENCES/SEMINARS/TRAINING
A. 2007 CAWS Annual Meeting - February 27, 2007 at the Sheraton Four Points Hotel in Meriden, CT.
B. CT Bar Association Land Use Law Seminar - March 17, 2007 - 8:30 - 4:00 p.m. at Wesleyan University.
The Commission members were advised to call the Planning Office as soon as possible if they were interested in attending these conferences.
CORRESPONDENCE
The following correspondence items were included in the meeting packets:
Agricultural Viability “Farm Friendly” Model Bylaw Project (Listening Session Summaries facilitated by CRCOG).
2006 Edition of the “Registry of Soil Scientists”
Letter from Northeast Utilities, dated 1-5-07 re: notice of routine rights-of-way vegetation management.
Municipal Management Bulletin, sponsored by CCM, dated 12-7-06, re: Zoning & Wetland Agency Decisions: Municipal Interventions.
DEP Statewide Inland Wetlands & Watercourses Activity Reporting Program - Status and Trends Report for the Year 2003, dated January 2007.
ADJOURNMENT
MOTION: To adjourn the meeting at 9:26 p.m. Warren/Koczera-Unanimous
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Respectfully submitted,
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Nancy J. Rudek,
Acting Recording Secretary
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