TOWN OF EAST WINDSOR
CONVERSATION COMMISSION/
WETLANDS WATERCOURSE AGENCY
Regular Meeting
June 6, 2007
***** Draft Document - Subject to Commission Review *****
Chairwoman Kehoe called the Meeting to order at 7:32 P. M. in the Town Hall Meeting Room , 11 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM:
Present: Regular Members Linda Kehoe (Chairwoman), Michael Ceppetelli, Michael Koczera, John Malin, Richard Osborn, Michael Sawka, and Rene Thibodeau; and Alternate Member Janice Warren.
Chairwoman Kehoe noted five Regular Members and one Alternate Member were present to establish a quorum; all Regular Members would be voting on issues this evening.
Unable to attend: Alternate Member Tina McCarter.
Chairwoman Kehoe noted Regular Members would take part in votes this evening, while Alternate Member Warren will be taking part in discussion.
Also present was Nancy Rudek, Assistant Town Planner/Zoning Enforcement Officer/Wetlands Agent.
Wetlands Agent Rudek advised the Commission she will be leaving her position with the Town of East Windsor before the end of the month. Chairwoman Kehoe thanked Wetlands Agent Rudek for service to the Commission and the Town, and noted her valuable assistance and support to the Commission. On behalf of the Commission Chairwoman Kehoe wished Wetlands Agent Rudek well in her new position.
Members of the Commission requested the attendance of Town Planner Whitten at the July Meeting to assist in presentation of applications.
AGENDA ADDITIONS:
Chairwoman Kehoe noted the Water Pollution Control Authority (WPCA) has submitted
to the Commission a draft Sewer Service Area Map for the Commission’s review. They have requested return of comments by July 15, 2007. Chairwoman Kehoe requested Commissioners have their comments available to discuss at the July 5th Inland/Wetlands Meeting.
Chairwoman Kehoe requested the addition of a third item, Item C, under Miscellaneous - Discussion of Board Development.
Len Norton - discussion of Maintenance Schedules for Drainage Systems:
Town Engineer Norton was present at this Meeting; he submitted a copy of the Town’s Drainage System Inspection/Maintenance Schedule. He noted the Town is mandated by DEP to comply with the schedule submitted. Discussion followed regarding other private entities, such as homeowners associations or business owners, whose compliance would benefit their development as well as the Town. Town Engineer Norton recommended that these owners be required to file reports with the Town as evidence of the work being done, and the systems reviewed/cleaned. Discussion continued questioning which Town agency would be responsible for monitoring this function, involvement of Town staff vs. owners monitoring themselves and submission of reports to the Town, and frequency/timetable for maintenance.
Wetlands Agent Rudek suggested addition of this schedule as a standard condition of approval
APPROVAL OF MINUTES/5/2/07 and 5/17/07:
MOTION: To APPROVE the Minutes of Regular Meeting dated May 2, 2007 with the following amendment: Page 4, Continued Application of Business/B. Hayfield Lane (Norton’s Crossing), the Motion to Approve was made by Commissioner Osborn, and seconded by Commissioner Ceppetelli.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
Chairwoman Kehoe noted approval of the Special Meeting of May 17, 2007 will be considered for approval during the Public Hearing on adoption of revised Inland/Wetlands Regulations.
MOTION: To OPEN the Public Hearing on the East Windsor Inland Wetland & Watercourse Regulations - Continued public hearing on proposed amendments to the Inland Wetland Regulations.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
PUBLIC HEARING/A. East Windsor Inland Wetland & Watercourse Regulations - Continued public hearing on proposed amendments to the Inland Wetland Regulations:
MOTION: To APPROVE the Minutes of Special Meeting dated May 17, 2007 as written.
Osborn moved/Koczera seconded/VOTE: Unanimous
Chairwoman Kehoe noted these regulations have been developed during on-going open Public Hearings for several months; the public has had the ability to review revisions and offer comments during that time. Wetlands Agent Rudek also noted the proposed regulations have been available on the website during that time as well.
Wetlands Agent Rudek referenced an attachment to the regulations - Guidelines Upland Review Area Regulations, Connecticut’s Inland Wetlands & Watercourses Act - she noted she had contacted DEP to request a digital copy to incorporate with these proposed regulations but none is available. She recommended these guidelines become an attachment to the regulations when adopted, and be made available in the Planning Office for review.
Discussion followed regarding the timeliness of adoption of regulations. Commissioner Koczera preferred deferring approval of the regulations for another month; the consensus of the Commission was adoption as presented.
MOTION: To CLOSE the Public Hearing on the proposed amendments to the East Windsor Inland Wetland & Watercourse Regulations.
Osborn moved/Sawka seconded/
VOTE: In Favor: Osborn/Sawka/Thibodeau/Ceppetelli/Malin/Kehoe
Opposed: Koczera
Abstained: No one
MOTION: To APPROVE the proposed amendments to the East Windsor Inland Wetlands & Watercourse Regulations and adopt same as presented under version submitted at the June 6, 2007 Inland Wetlands Commission.
Sawka moved/Osborn seconded/
VOTE: In Favor: Osborn/Sawka/Thibodeau/Ceppetelli/Malin/Kehoe
Opposed: Koczera
Abstained: No one
Chairwoman Kehoe noted that new applications will be subject to these new regulations. The most significant change was to the definition of regulated activity.
Chairwoman Kehoe referenced the Fee Schedule submitted by Wetlands Agent Rudek. She noted a “Complex Review Fee” has been added; the department will begin acquiring
estimates from consultants to assist the Commission with the review process for complex projects.
Discussion followed regarding the availability of consultants to assist the Commission. It was noted the cost of some consultants may be prohibitive due to excessive travel distance, some consultants who routinely represent applicants before the Commission would be prohibited from the consultation process due to conflict of interest. Discussion continued regarding the area of expertise of a specific consultant may requiring their assistance despite the consultation cost.
(See additional discussion, Page 9, under MISCELLANEOUS BUSINESS, A. Fee Schedule)
CONTINUED APPLICATIONS OR BUSINESS/A. Newberry Road & Craftsman Road - Continued application of East Windsor Limited Partnership to conduct regulated activities associated with a 6-lot industrial re-subdivision with reconstruction of approximately 2700 feet of roadway to meet town standards. Total parcel is 91.37 acres, located approximately 2350 feet from Winkler Road, served by public water and sewer. (65-day application period ends 6/8/07):
Chairwoman Kehoe read the description of this Item of Business. Appearing to discuss this proposal was Jay Ussery, of J. R. Russo & Associates.
Mr. Ussery gave a description of the site, noting he is re-presenting this Application as he has added notes to the plans and is providing additional information regarding the upland review area. He referenced the plot plan, noting: 1) the various upland review areas associated with each proposed building lot; 2) stream/watercourse location; and 3) wetlands crossings and stormwater management systems, which will be either wet-bottom basins (to be used as temporary sedimentation basins during construction and turned into wet-bottom basins after completion of the project), or sub-surface basins. The plans reflect the conceptual buildings in brown, the parking lots and loading areas in gray, the lawn areas and wetlands in various greens, and the stormwater management systems as shaded areas. Mr. Ussery
indicated the accessible upland review area for the lots as follows: Lot 1 - 2.25 acres with 1.6 acres of upland review area; Lot 2 - 13.02 acres with 5.9 acres of upland review area; Lot 3, 15.98 acres with 8.2 acres of upland review area; Lot 5 - 8.24 acres with 7.5 acres of upland review area; Lot 6 - 7.49 acres with 4.8 acres of upland review area. Mr. Ussery noted Lot 4 is already developed and contains an existing industrial building.
To address the Commission’s concerns for the misconception of approving this proposal as a site plan Mr. Ussery indicated they have added a note to the plans which states that the plans being approved are for subdivision only; further development of the lots with improved structures require full and separate application before the Inland/Wetlands Commission and the Planning and Zoning Commission. Mr. Ussery read the note FOR
THE RECORD.
Mr. Ussery then described the structure which outlets directly into the catch basin. He noted a typical basin has a 2’ sump pump; they will be installing 4’ sumps which provide more sedimentation capacity. They are not using sedimentation separators but have added hooded discharge units. Mr. Ussery noted these basins would be taken over by the Town (and included in the Maintenance Schedule previously discussed by Town Engineer Norton) when the road is accepted as a Town road. He indicated they have not made any significant changes to the flow of water on the site; there is no detention in the road now and they are not changing that. There will be detention basins on the lots as they are developed but the road is an existing road and what’s going into the
watercourses now will continue to go into the watercourses.
Chairwoman Kehoe referenced her memo of 5/31/2007 addressed to the Planning and Zoning Commission which advised that agency that the plan approved is for lot subdivision, that the buildings are conceptual only, and detailed plans will be submitted for future development.
MOTION TO APPROVE the application of East Windsor Limited Partnership - for an Inland Wetland Permit to conduct regulated activities for a 6-lot Industrial Resubdivision with reconstruction of approximately 2700’ of roadway to meet town standards.
The development involves 6 industrial lots, with one existing building on Lot 4 and proposed concept buildings on Lots 1, 2, 3, 5 and 6.
The Commission finds that the proposal for the roadway, as presented, is approved, subject to conformance with the referenced plans (as may be modified by the Commission).
The Commission approves the conceptual lots for lot division only. This approval does not authorize the construction or activities on any of the lots as indicated on the conceptual referenced plans. Each lot will require a separate application for review by the Inland Wetland Agency.
CONDITIONS OF PERMIT:
1) Said work shall be performed in accordance with the map or plans on file.
2) This Permit is valid for a period of Five (5) years from the date of issuance. Any regulated activity approved by the Agency shall be completed within one year from the time such activity is commenced, provided the Agency may establish a specific time period within which any regulated activity shall be
conducted and may require that an activity, once commenced, be completed within a time period of less than one year and further provided the Agency may extend: (1) the time period of the original permit provided such period shall not extend beyond ten years from the date such permit was granted, or (2) the time period within which an activity, once commenced, is required to be completed under this section.
* Extensions of time may be granted if a request is made prior to the expiration of the regulated activity and/or permit.
* The burden to extend the approved timefame for the regulated activity (and the time period for the original permit) is on the Permittee; the Town of East Windsor is not require to give notice of the permit’s expiration.
* This permit shall not be assigned or transferred without the approval of the Agency.
3) Standard erosion control methods (2002 Erosion and Sedimentation Control Guidelines) shall be utilized during construction.
4) The Inland Wetland Agent must be notified 48 hours in advance of any work within a regulated area.
5) The applicant/contractor shall schedule a pre-constructing meeting with the Inland Wetland Agent to be held no sooner than two weeks before the wetland activities are to begin. The applicant shall, at that time, review with the Inland Wetland Agent the procedures to be taken to protect the wetland areas prior to and during construction .
6) The Permittee shall permit the Chairman of the Conservation Commission/Inland Wetland Agency, or its authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this Permit is in accordance with the terms and conditions prescribed herein.
7) A copy of the As-Built Plan shall be submitted to this Commission upon completion of the project. Prior to the granting of a Certificate of Occupancy, the as-built will be reviewed by the Chairman or his/her designated agent.
NOTE: This approval granted does not relieve the applicant from his responsibility to apply for any other permits required by local, state or federal agencies.
DISCUSSION: The five year extension period for the Permit was discussed; it was noted the time limit granted is set by Connecticut General Statutes.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Ceppetelli moved/Osborn seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:48 P. M. and RECONVENED at 8:54 P. M.
NEW BUSINESS/A. Chamberlain/Windsorville Roads - Request a Jurisdictional Ruling on a Planning & Zoning referral for excavation-fill activities on 70.58 acres of property owned by Rejean Jacques:
Chairwoman Kehoe read the description of this Item of Business. Appearing to discuss this issue was Rejean Jacques, owner of Jacques and Son, Builders.
Mr. Jacques reported he moved some dirt to this site but didn’t realize he needed to acquire a permit. He did not put the fill in wetlands as was thought, and has now added silt fence. Wetlands Agent Rudek questioned if Mr. Jacques would be adding more fill? Mr. Jacques replied affirmatively, noting he will be installing topsoil to have better grass. Chairwoman Kehoe questioned that the property contained a road now, and if so, had fill been moved into the road? Wetlands Agent Rudek replied affirmatively to both questions.
Chairwoman Kehoe indicated it looked like fill was being brought into the wetlands area, and it was fill coming from another site, which should be reviewed by a soil scientist. Wetlands Agent Rudek reported that there is vegetation growing there now so it is somewhat vegetated and doesn’t appear to be sliding. The soil was not deposited as close to the bog as it appeared; the fill is outside the regulated area and is not on a terrace escarpment slope. Mr. Jacques reported he may be bringing in more fill from the Norton Glen Condominium project.
Chairwoman Kehoe noted this issue is subject to the current regulations. The Commission reviewed possible rulings.
MOTION: Ruling by Inland Wetland Agency for Jurisdictional Ruling on a Planning & Zoning referral, for excavation-fill activities on 70.58 acres of property owned by Rejean Jacques. The proposal, as presented, shall have no negative impact on wetlands/watercourses on the property.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
NEW APPLICATION TO BE RECEIVED/A. Prospect Hill Drive to Newberry Road at 97 Newberry Road - Application of East Windsor Water Pollution Control Authority for municipal sanitary sewer extension:
Chairwoman Kehoe read the description of this Item of Business. She noted that when the Commission approved Newberry Village one of the components of the development was to leave an area for a sewer easement. Appearing to discuss that easement is Ed Alibozek, of the Water Pollution Control Authority (WPCA); and Jay Ussery, of J. R. Russo & Associates.
Mr. Alibozek reported that the pump station at Prospect Hill is old; during heavy rains it can barely keep up. There is no reserve area. The purpose of extending the sewer line is that it would allow the WPCA to take that old pump station out of service. Mr. Alibozek noted there was discussion originally of replacing the old pump station with a new one, which might have been less expensive initially, but the many years of maintenance for the station, and the cost of same, have led the WPCA to propose this sewer extension.
Mr. Ussery recalled that when the development of Newberry Village (application submitted by owner, LTP Realty) was approved part of the plan included an easement to connect the pump station at Prospect Hill to the new sewer. The easement, as presently proposed, is mostly on property which contains the Baran Institute; this easement is shorter and incurs less wetlands disturbance on the LTP Realty property (approximately 525 square feet to dig a trench and install pipe). The new line would pick up the gravity flow on Prospect Hill Road; the easement then would come onto the property of LTP Realty, then follow the road at Baran Institute and continue out to Newberry Road.
Chairman Kehoe noted the original approval for Newberry Village included a Conservation Easement; she questioned if that easement should now be amended to include this sewer easement. Wetlands Agent Rudek will review.
Mr. Alibozek noted the WPCA must receive approval from this Board before they pursue easements from the homeowners. Chairman Kehoe noted the impact proposed under this easement is much less; the Commission will be receiving this Application this evening.
MOTION ACCEPTED THE RECEIPT of the Application of East Windsor Water Pollution Control Authority for municipal sanitary sewer extension for Prospect Hill Drive to Newberry Road at 97 Newberry Road.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
NEW APPLICATION TO BE RECEIVED/B. 206 East Road - Application of Ken Hunt, for a Permitted-Use-As-Of-Right, for a proposed wetland crossing to access farmland at the rear of property:
Chairwoman Kehoe read the description of this Item of Business. Appearing to discuss this Application was Ken Hunt, owner of 206 East Road; and his father, Chester Hunt.
Mr. Hunt noted he has previously had a farm easement, via the sharing of a common driveway, with Florence Sabonis; she now wishes to terminate that arrangement. Mr. Hunt is seeking to create another farm road which would run adjacent to the existing farm road; discussion followed regarding the allowable width of the new road. Wetlands Agent Rudek suggested there is no restriction on the width of a farm road. Chairwoman Kehoe suggested this is a permitted use as-of-right.
MOTION: This proposal is deemed a permitted use as-of-right.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Wetland Fee Schedule:
Wetlands Agent Rudek reported she has compared the cost of application processing and review with application fees in other towns. The document presented to the Commission this evening is a draft, and must be referred to the PZC, and then sent to Town Meeting for approval. Wetlands Agent Rudek reiterated the need to acquire estimates from consultants to determine an appropriate/fair fee for the “complex application review”.
Discussion continued regarding determining the appropriate fee. Wetlands Agent Rudek noted estimates need to be on file for applicants to be aware of possible charges.
Chairwoman Kehoe noted the Town of South Windsor has a “minimal impact application”, which might be applicable as a permit fee for the installation/construction of sheds on residential properties. Discussion continued on the shed issue, then turned to the recovery of the cost of legal publication for applications. Wetlands Agent Rudek will seek more input from other surrounding towns, including South Windsor and Ellington.
MISCELLANEOUS/B. Other Land-Use Board representation/liaison:
Chairwoman Kehoe reported she has had a request from a member of the Planning and Zoning Commission asking if she would consider having someone from this Commission be a liaison with the PZC to follow through with Inland/Wetlands decisions as they pass through the PZC process. The goal would be the consistency of application presentations before both Boards.
Discussion followed regarding members acting on a rotating basis on significant/specific applications vs. a quarterly meeting of the Land Use Boards. A question was raised regarding an Inland/Wetlands Commission member acquiring a seat on the PZC. It was noted that a similar suggestion came before the legislature but was voted down, and the Connecticut Planning Association doesn’t favor this route. Chairwoman Kehoe felt it appropriate to continue advisement via her memos to the PZC.
MISCELLANEOUS/C. Board Development:
Chairwoman Kehoe suggested she would like to include in Commission meetings a short segment of excerpts from various Land Use seminars and workshops which would be pertinent to Inland/Wetlands issues. During discussion members referenced the following issues of interest: mitigation, terrace escarpment slopes, vernal pools, mapping, soil scientists, and tapes from the following agencies: CT Bar Assn. training for municipalities, CT Assn. of Inland/Wetland and Conservation Agencies.
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing): None.
STATUS REPORTS/A. 244 South Main Street (Rear) [Map 38, Block 5, Lot 87] - Filling and grading:
Wetlands Agent Rudek reported this property, owned by Jim Balch, is located between the car dealership and the tower. He has been bringing in fill, which she feels is being deposited within the stream encroachment line. She has advised Mr. Balch of her interpretation; he was to hire an engineer to make a determination. Mr. Balch needs to acquire a Excavation-Fill Permit to remove the fill deposited.
MOTION: To SEND A VIOLATION LETTER to Jim Balch for property at 244 South Main Street - rear- regarding filling and grading and give a period of 30 days from the date of the letter to remove all fill material.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
STATUS REPORTS/B. 68 Newberry Road (Dearborn Property):
Wetlands Agent Rudek reported she and Commissioner Warren visited the site and met with Mr. Dearborn’s attorney. He has not installed the jersey barriers, or met other conditions of his approval. She has sent him a letter outlining the issues of disagreement and setting time limits for compliance. Wetlands Agent Rudek noted Mr. Dearborn will be in violation of his Zoning Permit within the next 30 days.
STATUS REPORTS/C. 31 Mahoney Road (Pashos Property):
Wetlands Agent Rudek noted Mr. Pashos said he is done with the project but has not yet submitted as-builts as his engineer is too busy.
CONFERENCES/SEMINARS/TRAINING: No discussion.
CORRESPONDENCE: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:05 P. M.
Sawka moved/Osborn seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Conservation Commission/Inland and Wetlands Watercourse Agency
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