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May 17, 2007 (Special Meeting) Minutes
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
May 17, 2007


CALL TO ORDER
Chairman Linda Kehoe called the meeting to order at 7:00 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, CT.


ESTABLISHMENT OF QUORUM

Members present:        Linda K. Kehoe, Richard Osborn, Michael Sawka, Janice Warren,
                                Tina McCarter, Michael Koczera,
                                
Members unable to       Michael Ceppetelli, John Malin, Rene Thibodeau,
attend:         
                                
Public guests:  Kathy Pippin

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.                      Osborn/Koczera-Unanimous


Chairman Linda Kehoe noted that the majority of the revisions were made to the regulations at the last special meeting held on January 24, 2007.  The remaining items to be addressed at this meeting include:

The three definitions offered for “Regulated Activity”:  The Commissioners went through the three regulated activity definitions offered by the DEP.  After taking into consideration the nature of the town’s wetlands and the 150-foot regulated area, it was concurred that the revised definition provided in the current Draft will be used, as it is, with the exception of replacing section 4 with section 22a-40 of the CGS “of these regulations” (top of page 4).  The first part of the wording is taken from the Model III definition of the state model regulations.  The continued wording, which was taken from a different town’s regulation, was found to be applicable to these regulations, thus, to remain.

Subsequent to the “regulated activity” definition, was the ‘regulated area’ definition.  Chairman Kehoe noted that ‘regulated area’ should be changed to “Upland Review Area”.  The related descriptions--a. thru e.--were redundant as they are referenced in other areas of the regulations.  It was concurred to move the definition of “Upland Review Area” (to only include the description under “d.”) to its alphabetically correct position on page 5.
          
The Commission members were supplied with clarification of the definitions for the words “promulgate” and “obviate”, which are used on pages 6 and 18, respectively.  The two words originated from the State Model Regulations.
~
Section 8 of the Regulations have revisions in accordance with a recent
Legislative change (Public Act 06-53). These amendments are administrative matters mandated by the State, therefore, amended in the town’s regulations, as noted. (page 8)

        The definition for “Floodplain” was added to the regulations per a request at the last special meeting.  Chairman Kehoe cited that there are differences between floodplain soils, which are regulated wetland soils and the actual floodplain area of the special flood hazard that is regulated by Planning & Zoning.  Jan Warren also provided an explanation of how the floodplain may become regulated wetland soil types.  It was concurred that the Floodplain definition will be removed from page 2.  Floodplain soils are already regulated by the Inland Wetland Regulations and Town Map.

Sections 11.6 and 11.7 (page 14) were explained by Ms. Rudek who relayed the discussions with Darcy Winther of the DEP. These sections were in regards to time frame requirements of wetland permits. No changes are proposed for Section 11.6.  The Commission was in agreement to accept the newly revised Section 11.7 that includes language that requires the I/W Permit to be filed on the land records under the name of the recorded owner.

The Complex Application Fee (page 19) will be a new addition to the regulations
and the Fee Schedule.  The wording in the regulations will remain as indicated and agreed upon at the January 07 meeting. This complex application fee allows the town to hire their own experts if needed for a significant project, based on estimates that need to be obtained from consultants. The Fee schedule is separate from the regulations since it is approved under a Town Ordinance.  Additional details of the fee schedule will be discussed at a regular meeting of the Wetland Agency.

There was a brief discussion regarding the Town Wetland Map on file versus the maps used in the office.  There are a couple of versions generated by the State, all of which have discrepancies and are used as a guide.  General knowledge of the town and the use of soil scientists are also part of the Inland Wetland decision process.  The actual map to be adopted will be based on what is available through GIS when the Town purchases the Geographical Information System.

Chairman Kehoe suggested that the public hearing remain open and continued to the June 6th regular meeting to provide an opportunity for absent members to comment on the regulations.  She anticipates that the hearing will be closed at that meeting if a final copy of the proposed regulations are completed with all revisions and mailed with the next meeting packets.


MOTION:         To continue the Public Hearing to the June 6, 2007 regular meeting.                                                                                                                       Warren/Osborn-Unanimous



ADJOURNMENT

MOTION:         To adjourn the meeting at 8:00 p.m.                            Koczera/Osborn-Unanimous





Respectfully submitted,



              Nancy J. Rudek,
              Acting Recording Secretary