TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
July 5, 2007
***** Draft Document - Subject to Commission Approval *****
Chairwoman Kehoe called the Meeting to order at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM:
Present: Regular Members Linda Kehoe (Chairwoman), Michael Koczera, John Malin, Richard Osborn, Michael Sawka, and Alternate Member Jan Warren.
Unable to Attend: Regular Members Michael Ceppetelli, and Rene Thibodeau, and Alternate Member Tina McCarter.
Chairwoman Kehoe noted that with the absence of Commissioners Ceppetelli and Thibodeau Alternate Member Warren would have full voting privileges this evening.
Chairwoman Kehoe also noted that Regular Members Ceppetelli and Thibodeau have had their appointments renewed through 7/1/2011.
ADDED AGENDA ITEMS:
MOTION: To APPROVE the addition to the Agenda of the Application for 1 Corporate Road (Metro North Complex).
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES/June 6, 2007:
MOTION: To APPROVE the Minutes of Regular Meeting dated June 6, 2007 as written.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
PUBLIC HEARINGS (on Inland Wetlands applications): None.
CONTINUED APPLICATIONS OR BUSINESS/A. Prospect Hill Drive to Newberry Road at 97 Newberry Road - Continued application of East Windsor Water Pollution Control Authority for municipal sanitary sewer extension. (65-day application period ends 8/10/07):
Chairwoman Kehoe read the description of this Item of Business. Appearing to discuss this Application was Dana Steel, of J. R. Russo & Associates, and Ed Alibozek, of the Water Pollution Control Authority.
Mr. Steel indicated the Water Pollution Control Authority (WPCA) would like to eliminate the pump station at Prospect Hill Drive, and have the ability to accomplish that via an easement through the LTP Realty property. Only 525 square feet of disturbance to the wetlands will occur due to excavation of soil, installing sewer line, and filling soil back into the trench. Mr. Steel indicated this proposal does have a significant impact on the public health, safety, and welfare of residents. Mr. Alibozek indicated the WPCA has been looking at the pump station for 5 to 10 years. Mr. Steel noted there are 2 vernal pools, which have been identified by soil scientists, in the vicinity of the easement; installation of this sewer line would be a temporary disturbance to that area. They would
create the smallest disturbance possible.
Chairwoman Kehoe noted she had been concerned that the wording of the Conservation Easement given to Newberry Village might have to be revised because of the location of this proposed easement, but on review of the document it provides for a crossing for a sewer, but doesn’t give a specific location. She didn’t feel the document would require any change to accommodate this Sewer Easement. Mr. Alibozek indicated that he recently walked the path of the sewer easement; most of it runs through the Baran Institute property. Mr. Steel noted the adjacent property owners on the map. Chairwoman Kehoe requested that the location of the Sewer Easement be clearly labeled on the plans where it passes through the Conservation Easement associated with Newberry Village.
Mr. Steel noted Town Engineer Norton has reviewed the plans, and has recommended that a silt fence be installed to extend along the entire limit of the sewer main. He noted he is reflecting that change on the plans dated 6/7/2007; that recommendation will be made a condition of approval as well.
Commissioner Warren requested that hay bails be added to the area where silt fence is being installed near the vernal pools; that recommendation will be made a condition of approval as well. Mr. Alibozek suggested they would like to start the project as soon as possible, possibly late Fall prior to Winter, as they didn’t want to do anything in the Spring. The Commission added a condition restricting excavation to March, April, and the first 2 weeks of May so as to not disturb the area near the vernal pools. Chairwoman
Kehoe requested a note be added to the plans that when removing the wetlands soils they
be returned to the trench in the same layers as they were removed.
MOTION: To APPROVE the Application of the East Windsor Water Pollution Control Authority for a municipal sanitary sewer extension for Prospect Hill Drive to Newberry Road at 97 Newberry Road with the following additional conditions:
1) Note added to plan to replace wetlands soils as they are removed.
2) To extend the silt fence as noted on Town Engineer Norton’s memo of 5/15/2007.
3) To add hay bales on the side of the vernal pool.
4) No activity during March, April, of the first two weeks of May.
5) Clearly label the Sewer Easement through the Conservation Easement on the LTP Realty property.
Discussion: Chairwoman Kehoe questioned that when they would be crossing the wetlands if they compacted the sand over the pipes, what would that do to the wetlands finger? Mr. Steel indicated the trench would be about 8’ deep, and perhaps 6’ at the wetlands crossing; they would deposit 12” of sand on top of an 8” pipe and then the native soil would be deposited on top of that.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: None.
NEW APPLICATIONS TO BE RECEIVED/1 Corporate Road (Metro North Complex) - Application of White Diamond to conduct regulated activities associated with parking lot expansion. Total parcel in East Windsor is 2.2 acres:
Chairwoman Kehoe noted receipt of the subject Application, which was received in the Planning Office after the receipt date for taking action at this meeting. The Application is for the extension of a parking lot at 1 Corporate Road, which is a parcel bordering Enfield and East Windsor. Chairwoman Kehoe noted the following information was not received with the Application: 1) drainage calculations, and 2) Town Engineer Norton’s comments.
MOTION: To ACCEPT THE RECEIPT of the Application of White Diamond for 1 Corporate Road (Metro North Complex) to conduct regulated activities associated with parking lot expansion.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Board Development - Training/Topics Schedule: No discussion this evening.
MISCELLANEOUS/B. Wetland Fee Schedule: Tabled until the next meeting.
MISCELLANEOUS/C. Sewer Service Area Map (Draft):
Mr. Alibozek joined the Commission for this discussion. He noted the proposed map comes from the DEP. The Water Pollution Control Authority (WPCA) had at first included both sides of various streets for sewering, but in some cases, where the sewer would be going down the middle of the street, they segregated sewer availability to one side of the street (if soils were ok) in an effort to maintain some rural character for the town. He noted that in the area of Wells Road many septic systems are failing. The North Central Health Department (NCHD) had much input with regard to that area; some areas need to be sewered within 5 years, while areas on the other side of the street were not reporting failed septic systems to the NCHD but could have significant problems in the future as
well.
Discussion followed regarding the affect of the proposed map on local planning decisions, and it’s impact on the ability to support a business corridor within town. Mr. Alibozek indicated the development of the map was a difficult process; the WPCA agrees with regard to the business corridor. The proposed map will be submitted to the DEP for final approval; that agency has the ability to make further changes. He noted the Town doesn’t have to go to the State regarding development of the sewer but lack of State involvement could jeopardize future funding assistance from the State.
Commissioner Warren acknowledged the good work of the departments involved in the development of this map. Chairwoman Kehoe noted it’s important to have sewer access for areas experiencing septic system failures.
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing):/A. 244 South Main Street (Rear) {Map 38, Block 5, Lot 87}- Filling and grading:
Chairwoman Kehoe referenced the Notice of Violation letter sent to James Balch on 6/12/2007; that written communication required submission of plans for removal of materials within 30 days (by 7/12/2007) of the letter date. Mr. Balch called the Planning Office just prior to this Meeting this evening to advise he is waiting for J. R. Russo & Associates to come up with a plan to remove the materials and deposit same on land owned by Skip Kement to help him create required 3:1 slopes. Chairwoman Kehoe advised the Commission there is no plan in the Planning Office as of tonight; if a plan is not submitted by 7/12/2007 Mr. Balch will be sent a Cease and Desist Order, with Hearing to be held on the Cease & Desist Order at the August 1, 2007 Inland/Wetlands Commission Meeting.
STATUS REPORTS/A. Planning and Zoning Review:
Chairwoman Kehoe noted the Planning and Zoning Commission Meeting being held the following Tuesday will include the end of the Hearing on the Application of Herb Holden Trucking for gravel excavation on Wapping Road. She indicated the only issue that could affect this Commission is a proposed access near the bog, although that doesn’t appear likely. Should that access be chosen then the Application would be referred back to this Commission.
Chairwoman Kehoe also advised the Commission there is a meeting tomorrow between Steve Dearborn, the Planning Department, and the Selectmen’s Office regarding Mr. Dearborn’s non-compliance with requirements for replacement of the septic system at the Newberry Road parcel. The septic system was originally connected to the house, which was demolished; that septic system was cut off and collapsed appropriately. Mr. Dearborn contends there was an arrangement for the septic system to service the rear building; there is no proof of that claim in the North Central Health Department of Building Department files. The change of use of the building required a sewer connection; non-compliance would elevate this issue to a Cease and Desist Order.
CONFERENCES/SEMINARS/TRAINING: None.
CORRESPONDENCE:
Chairwoman Kehoe passed a copy of the new Code of Ethics to each Commission member present, and provided copies for inclusion in packets for members not present this evening. She requested that each member sign same as receipt of the document; any questions should be referred to the First Selectman’s Office.
Chairwoman Kehoe also noted receipt of a flyer announcing a Police Awards Ceremony being held on Saturday, July 14th.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:30 p.m.
Sawka moved/Osborn seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
_______________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Conservation Commission/Inland Wetlands and Watercourses Agency
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