Town of East Windsor
Conservation Commission/
Inland Wetland Watercourse Agency
MINUTES OF MARCH 7, 2007
I. CALL TO ORDER - 7:30 p.m.
Ms. Kehoe called the meeting to order at 7:30 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook.
II. ESTABLISHMENT OF QUORUM -
Linda K. Kehoe, Chairman
Michael Ceppetelli, Vice Chairman
Richard Osborn
Rene Thibodeau
John Malin
Michael Koczera
Janice Warren, alternate
Unable to attend: Tina McCarter, alternate
Also present, Nancy J. Rudek, Assistant Town Planner, Zoning Enforcement Officer
III AGENDA ADDITIONS - None
IV. APPROVAL OF MINUTES – (1/24/07, 2/7/07)
MOTION: To approve the special meeting minutes of January 24, 2007, with note, John Malin was not in attendance.
Made by Mr. Koczera, seconded by Mr. Cepptelli
ALL MEMBERS IN FAVOR (MALIN ABSTAINED)
MOTION CARRIED.
MOTION: To approve the regular meeting minutes of February 7, 2007, with the following change: Page 8, second paragraph, last word should read, “Agent.”
Made by Mr. Koczera, seconded by Mr. Thibodeau
MEMBERS IN FAVOR, Osborn, Thibodeau, Malin, Warren (Abstained, Ceppetelli, Koczera and Kehoe)
MOTION CARRIED
MOTION: To amend the Motion made at the January 3, 2007 meeting accepting the November 1, 2006 minutes, to reflect the changes set forth in Attachment C.
Made by Mr. Cepptelli, seconded by Mr. Thibodeau
ALL MEMBERS IN FAVOR. MOTION CARRIED
MOTION: To amend the Motion made at the February 7, 2007 meeting accepting the December 6, 2006 minutes, to reflect the changes are set forth in Attachment B.
Made by Mr. Koczera, seconded by Mr. Ceppetelli
ALL MEMBERS IN FAVOR. MOTION CARRIED.
MOTION: To amend the Motion made at the February 7, 2007 meeting accepting the January 3, 2007 minutes, to reflect the changes are set forth in Attachment A.
Made by Mr. Koczera, seconded by Mr. Ceppetelli
ALL MEMBERS IN FAVOR. MOTION CARRIED.
MOTION: To go out of agenda order to address Public Hearing for Winkler Road.
Made by Mr. Ceppetelli, seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED.
V. PUBLIC HEARINGS (on Inland Wetland applications)
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, served by public water and sewer. (28-day extended deadline to close hearing ends 3/7/07)
MOTION: To go out of agenda order to address Public Hearing for Winkler Road.
Made by Mr. Ceppetelli, seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED.
MOTION: To reopen the Public Hearing form 58, 64, 70, 76 & 82 Winkler Road at 7:45 p.m.
Made by Mr. Osborn, seconded by Mr. Thibodeau
ALL MEMBERS IN FAVOR. (Koczera abstained and stepped down for public hearing, Janice Warren voting member for this application)
MOTION CARRIED.
Attorney Dory Famiglietti of Kahan & Capossella came before the Commission on behalf of the applicant. Also in attendance this evening were Tim Coons of J.R. Russo & Associates, David Kuzmak, representative for the applicant, and George Logan of REMA Ecological Services.
Ms. Kehoe requested that the presentation include an overview of what was presented at the January meeting, as some members were not in attendance. Therefore, a significant portion of tonight’s discussion readdressed items and specifics discussed at the January meeting. To briefly recap, this application is for five residential houses with public water and public sewer. Approximately 70% of the piece (12.4 acres) will be set aside for conservation. Any disturbances are out of the wetland, but within the regulated area. In a previous application for Newberry Village, a report was produced that outlined four vernal pools – after more research this opinion has changed and it has been determined there are no vernal pools present.
Mr. Coons presented the details as to the area of the application on the maps provided for the Commissions viewing. He outlined that this piece is more viable for a family home with its activities than the other piece, which was more suitable for active adult housing. The existing site is wooded, and Mr. Coons delineated the wetlands on the map. The five lots were discussed, which range in size from one acre to upwards of four and a half, but all contain 1 acre of continuous upland.
The Conservation portion will contain all of the wetlands. S& E controls were detailed for the commission.
The comments of the Town Engineer regarding driveways for lots 2 and 4 and his concerns with sheet flow, an alternative was presented to swale the water. It was stated that the Town Engineer preferred the alternative and it will be put on the plans. Later in the meeting, the Commission heard comment from the applicant further in this regard. Mr. Logan was an applicant of sheet flow, while he understood the Engineer concerns for safety, his personal opinion was for sheet flow. It was also discussed that a culvert can malfunction and provide a bigger risk to a wetland. Also was there going to be a right to discharge issue with Lot #3. It was suggested that the next meeting the Town Engineer further expand on his reasoning behind objection to sheet flow, either in person or in writing, as
the alternative seems to present greater disturbance with run off effecting the wetland.
Mr. Logan provided the Commission with a detailed oral report, which recaps his October 30, 2006 report, a copy of which all Commission members have. Some highlights include that the wetlands are not sensitive, the risks of physical impact during and post construction are relatively small. In the grand scheme the upland remaining is a good amount to serve the complimentary habitat, so the conductivity of the wetlands remains.
The Commission sought public comment, no one from the public was present to provide any comment.
At this point the Commission presented questions and concerns. The plantings along the driveways are within the Conservation easement, the reason being this is an open forested area and it provides the opportunity for plantings and also creates a physical barrier at the start of the conservation easement. On Lot 1 the retaining wall is outside the easement, except on the North where it is within the easement. The Commission was looking for more detail as to what type of retaining was suggested and it felt there were issues with where it was placed, if it is outside the easement the owner can remove it, but outside the easement provides for maintenance to the wall. A suggestion of moving the plantings back to conservation easement, after the wall.
Applicants expressed concerns as to how the drainage dumped onto other lots and asked the applicant to walk thru where the water goes after a storm. Mr. Coons provided the Commission with the discharge of water specifically, lot by lot. It was inquired how deep the clay was at this location, while it is not in the report, Mr. Logan recalled it is 2-5 feet deep. There will be basements and discussions took place about suggested gravity footings and potential for water in the basements.
At this time concerns with drainage effects on the existing roadway were discussed as Winkler Road currently has no storm drains or curbing. Mr. Coons outlined that problems with water were not foreseen as any water down the driveway will run along the curb line and flow into the wetland. Mr. Coons detailed that infrastructure, or lack thereof, is an existing condition, one that will not be exacerbated with this proposed activity.
The Commission detailed concerns with future activity with Lots 1 and 5. Concerns with the placement of Lot 5 were expressed. It was suggested that the applicant provide an alternative placement of the house on this lot, or adjust how many houses are in this subdivision.
Attorney Dory Famiglietti provided comment that a reasonable and prudent alternative was not necessary in t his application as the wetland disturbance was not extensive and the regulations had been followed. The applicant is providing a buffer for impact on the wetland and no physical impact is being presented. The Commission expressed concerned that the effect of drainage and run off on the wetland was being minimized. They discussed every day occurrences of living that can effect the wetland, such as leaf blown into the wetlands and expressed life impacts the property. The alternative suggested by the Commission was to reduce lots and address the commission concerns with Lots 1 and 5 – specifically the driveway shed into the road, then the wetland, Lot five appears to have
restrictive placement, and driveway in the upland review area. It was asked if the plantings will survive snow plowing and if so, how can this be avoided. Lot 1 appears to have no room to live, why build there if someone cannot live on the property. These concerns will be addressed with the applicant’s team. The drainage from lot 3 will also be reviewed. Lastly comments were made regarding types of plantings and that local grown stock should be used to avoid contamination. Also the Commission wants to know what will be done with the chipped and stumped material.
The applicant granted an provided an extension letter to the April 4 meeting.
MOTION: To continue the Winkler Road public hearing to the April meeting and to accept the applicants extension.
Made by Mr. Cepptelli, seconded by Mr. Thibodeau
ALL MEMBERS IN FAVOR. MOTION CARRIED.
A. East Windsor Inland Wetland & Watercourse Regulations – Continued public
hearing on proposed amendments to the Inland Wetland Regulations.
MOTION: To take this item out of order and address it as the last item tonight.
Made by Mr. Cepptelli, and seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED.
VI. CONTINUED APPLICATIONS OR BUSINESS
A. 68 Newberry Road – Continued application of Steve Dearborn to conduct regulated activities associated with a contractors storage yard, consisting of 1.98 acres out of a total parcel of 26 acres. (65-day application period ends 4/13/07)
Mr. Dearborn came before the Commission, along with George Logan of REMA Ecological Services. Mr. Dearborn presented plans and presentation for this application. The plans are drawn from Town maps and limited field work. As to the metal barn, there will be clean up and processed stone put around the building for parking. The stumps will be chipped and ground for mulch. The fire department is going to help with burning as well. The earth berm of top soil will be screened and sold – in the future more topsoil will be brought to the site to be screened and sold. The rest will be farmed with field corn.
Mr. Logan gave a brief presentation. On March 1, he looked and the ground frozen and did a limited field survey, he also viewed aerial photographs and was able to comment on wetland boundaries. Mr. Logan felt the materials at his disposal were fairly accurate based on interpretation and limited view. The stockpile of topsoil will be sold, and future piles will be brought in for business and done so properly. When questioned about drainage, Mr. Dearborn indicated recent rainfall water ran into the field. Equipment will be stored in the process stone area. It is Mr. Dearborn’s intent to move his shop, currently located on Rye Street in East Windsor, to this location on Newberry Road. All of his trucks will be parked at the Newberry location. There will be no
new paving, except the apron in the front will be redone. Extensive discussion took place regarding how the application should be filed now for work to be done, and if it should expand to include future activities on the site. This was done in an effort to prevent the applicant for multiple trips back to the Commission for an amendment, for example if a stockpile was expanded further to the east and south. Due to the fact that the plans would need to be redone, it was decided to work with the application as presented and the applicant was advised that any changes would have to include coming back to the Commission for an amendment. The applicant understood this.
MOTION: To approve the application for 68 Newberry Road.
Made by Mr. Osborn, seconded by Mr. Koczera
ALL MEMBERS IN FAVOR (THIBODEAU ABSTAINED)
MOTIN CARRIES
Phelps Road (Southern Auto Sales) - Continued application of Southern Auto Sales,
Inc., to conduct regulated activities associated with a proposed landscaped berm.
In attendance were Mr. Jay Ussery of J.R. Russo & Associates and Attorney Mark Barbieri, representing the applicant. Mr. Ussery reiterated the presentation of this application, which is to allow construction of an earthen berm on property owned by Southern Auto Sales. Mr. Ussery described the property as essentially an open agricultural field. The berm will be located 75-100 away from the edge of the road and approximately 7-8 feet in height. The berm will be planted and landscaped with a variety of deciduous trees. The wetlands were delineated by a soil scientist. The wetland area to the east is associated with a drainage area from the pond. There is no proposed wetlands disturbance. Commissioner Osborn questioned if the berm will result in any additional water onto
Phelps Road. In response, Mr. Ussery pointed out the grade, confirming that the design maintains the same drainage patterns and that the berm is vegetated. Commissioner Thibodeau questioned the proximity to the pond. Mr. Jay Ussery stated that the closest distance of limit of fill material to the pond is 20 feet away. Chairman Linda Kehoe asked if the material could be backed up away from the pond. Mr. Ussery offered an additional option for erosion control, explaining a “silt fence sandwich” which encompasses three layers: a geotextile silt fence, hay bales, and another layer of silt fence. Commissioner Ceppetelli questioned the purpose of the proposed berm. Mr. Ussery explained that it would obscure the view of vehicles on Southern Auto’s property. Attorney Barbieri noted that there have been complaints during the past years from neighbors who can see the cars from Phelps Road, further stating that this application is
about screening. Mr. Ussery described the type of plantings at the edge of the pond, which are typically found near a pond. Mr. Thibodeau emphasized that he would suggest moving the activities 50-75 feet away from the pond. The Commission discussed the success of the previous projects with Southern Auto, noting they have been thorough and attentive to erosion and sedimentation controls.
MOTION: To approve the application for the earthen berm, subject to the requirement of the ‘silt fence sandwich’ to be added to the plans. Koczera/Sawka – Thibodeau opposed – Motion Carried.
NEW BUSINESS
A. Chamberlain Road, Windsorville Road, Reservoir Ave. (Town owned property) -
Request for a Ruling of A Permitted-Use-As-Of-Right to lease the land for agricultural purposes.
Mr. Glenn Reichle addressed the Commission explaining that the property was formerly the Kogut property. He has a contract with the Town to lease the land for farming. He is requesting a Permitted Use to dredge the pond of filled in sediment and debris. The pond, which is less than three acres, would be used for irrigation. Mr. Reichle pointed out the areas on the map to be cleared for the growing of crops. These areas were previously farmed. It was noted that Chestnut Brook flows through this property into the reservoir. The Commission raised concerns with dredging activities resulting in sediment being carried downstream to the reservoir. It was recommended that the Wetland Agent meet with Mr. Reichle on the property to determine the placement of rip rap at the outlet or
some type of settling basin to trap suspended sediment.
MOTION: To grant a ruling of a Permitted Use As of Right for the reclamation of a farm pond and clearing for the growing of agricultural crops, subject to Mr. Reichle working with staff regarding the installation of rip rap, hay bales or any additional measures to be utilized where soil and erosion is possible.
MISCELLANEOUS
A. Broad Brook Watershed Plan - Wetland Agent Nancy Rudek summarized the correspondence issued by the North Central Conservation District. The District has received a grant to develop a watershed management plan to address water quality issues in Broad Brook. The upcoming project will take approximately two years. They are requesting 3-5 representatives from the town to be members of this project. Ms. Rudek reported that in addition to herself, Janice Warren and Linda K. Kehoe would be on the Watershed Coordinating Committee. Town Planner Laurie Whitten has agreed to be a member, if needed. Chairman Kehoe emphasized the importance of having either the Town Planner or a representative from the Planning & Zoning Commission.
AGENT DECISIONS
A. 37 North Road (Mardi Gras) – Outside addition for smoking area, bathroom addition and modifications to parking.
Ms. Rudek described the proposal, noting that the additions are on existing pavement. The parking area is to be re-striped. There are no concerns or impacts to wetlands.
STATUS REPORTS
A. 41 Harrington Road - Inland Wetland Agent Nancy Rudek cited the letters sent to the property owner following a complaint regarding the dumping of horse manure. Her inspection revealed a significant amount of manure being stockpiled on the slopes of a ravine. She has also spoken to Michael Caronna of the North Central District Health Department. Ms. Rudek relayed that Mr. Caronna will be issuing a letter with concerns of water quality and fly infestation. It is against the health code to stockpile manure. Ms. Rudek will be following up on this property and the Health District’s information regarding this matter. The information may be useful for other horse farms in town.
CONFERENCES/SEMINARS/TRAINING
A. 2007 Municipal Inland Wetland Commissioners Training Program – Chairman Kehoe noted the highlights of Segments I and II, further suggesting that the new member Tina McCarter would find Segment I advantageous. She also discussed the benefits and legal information she learned with Segment II. Commissioner Ceppetelli expressed an interest in Segment II. The segments are offered at different locations and dates. Any members wishing to attend any of these sessions should contact the Planning Office as soon as possible.
B. 24th Annual CT Land Conservation Council Conference – Berlin, CT – March 31, 2007 – Interested Commission members should contact the Planning Office if interested in attending this conference.
PUBLIC HEARINGS
A. East Windsor Inland Wetlands & Watercourse Regulations – Continued public hearing on proposed amendments to the Inland Wetland Regulations.
MOTION: To re-open the continued public hearing on the regulations.
Ceppetelli/Thibodeau-Unanimous
Chairman Kehoe explained that the bulk of the amendments were discussed at a previous Special Meeting. She anticipates it would take approximately 1-1.5 hours to complete the final revisions and queried the Commission as to options for addressing the
final amendments. The Commission concurred that another Special Meeting would be required to allow enough time to go through the Regulations. Chairman Kehoe requested available meeting-room dates between April and May.
MOTION: To continue the hearing on the regulations to the April 4, 2007 meeting, at which time a special meeting will be scheduled. Koczera/Thibodeau-Unanimous
MOTION: To adjourn the meeting at 10:30 p.m.
Made by Mr. Ceppetelli, seconded by Mr. Osborn
ALL MEMBERS IN FAVOR. MOTION CARRIED
Respectfully submitted,
Cynthia D. Croxford
Recording Secretary
*as well as Nancy Rudek input for later portion of meeting.
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