TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
September 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 Ceppetelli, Michael Koczera, John Malin, Richard Osborn, and Michael Sawka.
Unable to Attend: Regular Member Rene Thibodeau, and Alternate Members Tina McCarter and Jan Warren.
Chairwoman Kehoe noted the establishment of a quorum with all Regular Members sitting in on votes/discussions this evening. Also in attendance was Town Planner Whitten, and First Selectman Filipone as a member of the audience.
ADDED AGENDA ITEMS: (See next page.)
APPROVAL OF MINUTES - 8/1/07:
MOTION: To APPROVE the Minutes of Regular Meeting dated August 1, 2007 with the following amendments: Page1, CONTINUED APPLICATION for 1 Corporate Road, paragraph 1, .....”Appearing to discuss this Application was Mark Friend, engineer and soil scientist, of Megson & Hyppa Heagle;......”; Page 2, paragraph 4, end of sentence one,......”Commissioner Warren questioned how Town Engineer Norton’s comments had been address addressed.”; Page 3, paragraph 5, sentence 5, “Vice Chairman Ceppetelli questioned that if they could go in with a
bulldozer?”; and, correct the spelling of Commissioner Thibodeau throughout the document.
Osborn moved/Koczera seconded/
VOTE: In Favor: Ceppetelli, Koczera, Malin, Osborn, Sawka
Opposed: No one
Abstained: Kehoe
ADDED AGENDA ITEMS:
Chairwoman Kehoe noted receipt of the following Agenda additions:
1) 111 Bridge Street - Application of Benson Enterprises, Inc. to conduct regulated activities associated with a residential/commercial development including 4 buildings. Total parcel is 1.30 acres, served by public water and sewer.
MOTION: To APPROVE AS AN ADDITION TO THE AGENDA under NEW APPLICATIONS TO BE RECEIVED the Application of Benson Enterprises, Inc. for 111 Bridge Street to conduct regulated activities associated with a residential/commercial development including 4 buildings. Total parcel is 1.30 acres, served by public water and sewer.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
PUBLIC HEARINGS (on Inland Wetlands applications): None.
CONTINUED APPLICATIONS OR BUSINESS/A. 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 read the description of this Item of Business, and noted she had not been present for the presentation given at the previous meeting. Commissioner Ceppetelli noted a summarization of the items to be address under the Meeting Minutes for August 1st, 2007. Commissioner Ceppetelli, as Vice Chair of the previous meeting, suggested Mark Friend, of Megson & Heagle, give a brief summary presentation. Also present in the audience was Mark Fontaine, representing White Diamond.
Mr. Friend noted the site contains 9.3 acres, 7 of which are in Enfield and 2.23 of which are located in East Windsor. The site presently contains an existing building and associated parking for 395 spaces which was originally approved in the 1980s. This Application seeks approval of expansion of the parking area by an additional 150+/- parking spaces to accommodate potential tenants. Mr. Friend noted the parking expansion being sought under this Application was approved in 1990+/- but was not built as the tenant at that time backed out of the lease. None of the activities associated with this proposal will occur in the wetlands, but activities are proposed within the upland
review area.
Mr. Friend indicated the wetlands to the south is a narrow band adjacent to Boweyns Brook; the wetlands have been delineated and flagged and have been identified as Socko
Silt Loam. The Flood Zone is confined to Boweyns Brook. The Applicant does not propose any additional clearing of the vegetation.
Mr. Friend suggested they propose adding trees which will match existing landscaping currently planted in the islands within the parking lots. New storm drainage will include 3 additional catch basins (Mr. Friend cited the locations on the map) which will tie into the existing drainage system which discharges to a 60” outlet pipe originally designed to take the drainage from this site and other development then proposed on Corporate Road.
Mr. Friend indicated they have incorporated some changes from the original drainage system to bring the system into consistency with current standards; those changes include: 1) 4’ sumps in the catch basins; 2) oil and grit separators as the last structure in the system. Mr. Friend noted he has submitted revised plans, and the drainage report - which includes a study of the 2160 acre watershed area - in response to Commissioner’s comments at the previous meeting. Mr. Friend referenced his report, noting they anticipate minimal impact due to their proposal; the reasons given for this determination were that the area of disturbance is only 1% of the overall watershed area, and the discharge from this proposal occurs in the lower 1/5th of the watershed area. He suggested that the
peak from this site flows to Boweyns Brook before the increase from the watershed above reaches this location.
Mr. Friend noted the following changes made in response to the Commission’s requests:
They have pulled the parking lot back a minimum of 50’ from the wetlands removed a couple of parking spaces and one parking island.
1) The riprap channel has been determined to be stable; it has been in place close to 30 years, and was designed to take the run off from the entire development.
2) They have received a memo from Town Engineer Norton this afternoon, indicating his comments have been addressed and he takes no exception to the plans.
3) They have added 4’ sumps in all new catch basins, noting it would be difficult to add 4’ sumps to existing catch basins.
4) No mention of changes reflecting East Windsor personnel and information; assumed to have been done.
5) A Maintenance Schedule for all catch basins and all separators has been added to Sheet 5 of 7 of the plans.
Discussion followed regarding the language - and interpretation of same - within the sample Maintenance Schedule provided to the Commission by Town Engineer
Norton. Under consideration was the intent to be cleaned twice a year, or inspected twice a year and cleaned when 24” of material accumulates. Specific, periodic timing was suggested for the compliance, as Commissioner Ceppetelli suggested under the current wording they could inspect the basins on two consecutive days and have met the obligations of the present language. Mr. Fontaine, speaking from the audience, noted they typically inspect basins in the Spring and Fall. Chairwoman Kehoe requested the Maintenance Schedule Guidelines be amended to the following wording: “inspect in the Spring and Fall and clean if necessary”.
7) They have added orange construction fencing to the limits of disturbance as requested.
8) Hydraulic calculations have been provided.
9) No mention of revisions; assumed to be done.
MOTION: To APPROVE, as amended, the Application of White Diamond for 1 Corporate Road (Metro North Complex) to conduct regulated activities associated with parking lot expansion. Total parcel in East Windsor is 2.2 acres.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
NEW BUSINESS/A. 244 South Main Street (rear) - Application of Balch Bridge Street Corporation for the removal of fill material in regulated area, regrading of slope, and establishment of permanent vegetative cover:
Chairwoman Kehoe read the description of this Item of Business. She noted FOR THE RECORD the Application has now been signed, and a check has been received for the Application fee.
Chairwoman Kehoe noted this Application has been received in response to a Violation Letter, therefore it is not treated as a regular application and does not need to be received tonight and wait to take action. The Commission can make a decision tonight if they want to.
Chairwoman Kehoe noted the reason the Applicant is before the Commission is on June 12, 2007 then Zoning Enforcement Officer/Wetlands Agent Nancy Rudek sent a letter to
Jim Balch for property at 244 South Main Street regarding stream channel encroachment, and filling within those lines. Chairwoman Kehoe noted the fill doesn’t belong in that location without a permit; she felt that at this point the best action was to let Jay Ussery, of J. R. Russo & Associates, proceed with his presentation.
Chairwoman Kehoe and Mr. Ussery reviewed the requirements from the application checklist, noting those applicable to this Application.
Mr. Ussery introduced himself, noting he is representing Balch Bridge Street Corp. He referenced plans before the Commission, noting the second page reflects the area of concern at the property known as 244 South Main Street located behind the cell tower. There is an existing building in back which is not visible from the street; to the west of that is a delineated area where it appears there was some recent fill, or movement of materials around where there is no vegetation. Mr. Ussery noted that further to the east and closer to the building is an existing bank which was the subject of the last application permit granted in May, 1998. Chairwoman Kehoe noted it was approved for a grading plan. Mr. Ussery indicated the area is for farm parking; it’s an area where it appears
additional fill was placed to extend the bank to the west. He suggested the fill does go over the Channel Encroachment Line and over the 100 Year Flood Line around elevation 33. Mr. Ussery indicated he didn’t believe there was any wetlands involved; it was probably previously disturbed with the activity for the other permit. Mr. Ussery suggested he felt most of this fill was placed to extend the bank. Although he has no specific calculations Mr. Ussery felt he may be able to come up with an estimate of the cubic yards deposited in that area.
With regard to the other property to the west, the farm property, Mr. Ussery suggested Baggott is leasing this area. The fill is beyond the Channel Encroachment Line and over the 100 Year Flood area, and is 35’ to 36’ wide by 100+/-’ in length. Mr. Ussery noted he really has no topographic data with regard to this area but it appears some material has been placed there; he estimated the material is 2’ in depth. The area has been graded off; Mr. Baggott is parking farm equipment in this area. The lower area is relatively flat; the area on the slope has some embankment and has been graded. A drainage outlet pipe, which drains the flat area on top next to the building, has been installed as part of the original permit; that has been buried and Mr. Ussery felt Mr.
Balch planned to dig that out but people dropped the fill over the area. The riprap pad was there prior to the original permit. Mr. Ussery suggested he is calling this a “Site Slope Stablization Plan. Chairwoman Kehoe indicated her impression was it was to be called “Removal of Illegal Filling” rather than slope stablization map, but indicated she may be missing information.
Commissioner Koczera questioned the amount of fill deposited? Mr. Ussery guesstimated 500 to 800 cubic yards. Chairman Kehoe clarified that it is over 100 cubic yards? Mr. Ussery replied affirmatively.
Chairwoman Kehoe noted from discussions with former Wetlands Agent Rudek and Town Planner Whitten she was under the impression that the fill was to be removed. Town Planner Whitten noted that because some of the fill was deposited within the 100 Year Flood Plain that must be removed; the State doesn’t allow filling within the 100 Year Flood Plain because by filling that area it becomes a flood hazard and must be removed. Chairwoman Kehoe noted that if someone fills the Flood Hazard Zone they must get a DEP Permit; she suggested Mr. Balch could get a DEP Permit, or remove the fill. Commissioner Ceppetelli questioned the timeframe to acquire a DEP Permit; he felt that could cause this situation to go on for some time. Mr. Ussery indicated, from his experience dealing with the DEP on other
issues, because of the size of the drainage area and the amount of material deposited and the size of the flood plain in this area the DEP may not be concerned, as this is so small an area compared to the flood plain.
Discussion followed regarding the interpretation of Mr. Ussery’s comments in relation to this issue; Chairman Kehoe suggested it may not be a big issue with regard to size but if everyone were allowed to fill without review it would become an issue. Mr. Ussery clarified if this area were a small watershed with a small flood plain it would be a different situation; but this watershed area is so large and the amount of material is small by comparison it isn’t an issue.
James Balch (owner), speaking from the audience, questioned that there was no vegetation in this area? Town Planner Whitten replied not a speck of vegetation as of today. Mr. Balch indicated he thought it was vegetated. He reported the fill wasn’t meant to go there; he wanted to grade the top of the hill; nothing was to go over the edge. He had a mud problem there as the land was retaining too much water; he wanted to drain some of that water away; he put hay bales around the catch basin, etc. Too much fill came in.
Commissioner Osborn questioned that another stream runs across that property? Mr. Balch indicated Quarry Brook runs along Ferry Road. Commissioner Osborn discussed another small, unnamed brook in the area of the farm road that picks up the water from Quarry Brook and flows eventually into the Connecticut River.
Commissioner Sawka suggested the amount of fill was only 40 to 50 loads; he suggested having it removed. Town Planner Whitten noted removal of fill from the Flood Plain requires a permit as well.
Chairwoman Kehoe noted that much of this fill occurred without an application; discussion followed regarding the estimated amount of fill. Chairwoman Kehoe noted any filling in excess of 100 cubic yards requires a permit; Mr. Balch needs to begin the permit process. Upon questioning Mr. Ussery guesstimated the fill comprises 500+/- cubic yards.
Town Planner Whitten noted that the other problem occurring on this property is that fill has been deposited in the wetlands. Mr. Balch disagreed that there were wetlands in that area; Chairwoman Kehoe noted the area has been flagged as wetlands, and there are wetlands flags on the map. Town Planner Whitten suggested the Commission take a site walk to view the situation; Mr. Balch had no problem with the Commission’s visitation.
Discussion followed regarding timing of the site walk in relation to Commissioner’s availability. The site walk was scheduled for 4:00 p.m. on Wednesday, September 12th; those attending will meet in the parking lot at Hot Cakes Restaurant. Chairwoman Kehoe noted the site walk will be noticed legally; it’s not a public hearing although the public may attend.
Discussion returned to the amount of fill; Mr. Ussery reported he will provide an estimation for the next meeting.
MOTION: To CONTINUE the Application of Balch Bridge Street Corporation for 244 South Main Street (rear) for the removal of fill material in regulated area, regrading of slope, and establishment of permanent vegetative cover until the Commission’s next regularly scheduled meeting on October 3, 2007 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Koczera moved/Sawka seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/111 Bridge Street - Application of Benson Enterprises, Inc. to conduct regulated activities associated with a residential/commercial development including 4 buildings. Total parcel is 1.30 acres, served by public water and sewer:
Chairwoman Kehoe read the description of this Item of Business. Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates. He described the property as being located on the south side of Bridge Street across from the easterly end of Geissler’s Supermarket; the property is adjacent to the Warehouse Point Fire Department and runs behind St. John’s Church. Mr. Ussery noted Mr. Benson would like to do a development similar to Pasco Commons, which is a combination of residential and office units. Mr. Ussery referenced Sheet 4 - the Grading Plan - noting an intermittent watercourse which runs along the west side of the property; this watercourse is the upper reaches of Blue Ditch which eventually flows into the Connecticut River. The wetlands have been
delineated; the regulated area is the entire property. Mr. Ussery suggested the intent tonight is to look at this proposal to decide if the Application requires a Public Hearing.
In response to Commissioner’s questions Mr. Ussery indicated they hadn’t planned to pipe the watercourse as much of it isn’t located on this parcel. He indicated there is no increase in peak flow as they are proposing a detention basin. Mr. Ussery felt much of the flooding in this area is more of a backup of the Connecticut River, which will be days after their water goes through.
Chairwoman Kehoe suggested this Application warrants a Public Hearing.
MOTION: To ACCEPT THE RECEIPT of the Application of Benson Enterprises, Inc. for 111 Bridge Street to conduct regulated activities associated with a residential/commercial development including 4 buildings. Total parcel is 1.30 acres, served by public water and sewer.
Osborn moved/Ceppetelli seconded/VOTE: In Favor: Unanimous
MOTION: To HOLD A PUBLIC HEARING on the Application of Benson Enterprises, Inc. for 111 Bridge Street to conduct regulated activities associated with a residential/commercial development including 4 buildings. Total parcel is 1.30 acres, served by public water and sewer on the Commission’s next regularly scheduled meeting on October 3, 2007, at 7:30 p.m. at the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Board Development - Training/Topics Schedule:
Chairwoman Kehoe reported she is working on bringing in an attorney to discuss the language for legal actions, and also to discuss the aftermath of Big Box Development.
MISCELLANEOUS/B. Wetland Fee Schedule:
Chairwoman Kehoe noted the Planning and Zoning Commission has recently passed a Violations Fee Schedule but the Inland/Wetlands Commission needs to update fees/fines associated with Wetlands Permits/Violations. Review was tabled until the next meeting
First Selectman Filipone noted his previous memo had suggested fees cover the cost of legal fees, inspections, etc.
Chairwoman Kehoe noted that Commissioner Warren had advised the Commission they have been presented with the opportunity for grants relative to the Broad Brook Watershed. A commission has been formed to walk the Broad Brook Watershed to discover sources of pollution. The information will be input to the GIS system; the Commission can then condition applications applicable to the Broad Brook Watershed. Town Planner Whitten noted the grant for the Broad Brook Watershed could include drafting basic regulations for that area and will require types of water cleansing, etc.
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing): None.
STATUS REPORTS/A. Planning and Zoning Review:
Chairwoman Kehoe suggested Commission members read the Meeting Minutes from the Planning and Zoning Commission (PZC) Meeting of July 24th regarding the decision on the LTP Realty/Winkler Road Subdivision. When that application first came before the Inland/Wetlands Commission it came through as a 5 lot subdivision; the Inland/Wetlands Commission reduced it to a 3 lot subdivision because of the sensitivity of land in the two deleted lots. The Commission’s options were to approve the 3 lot subdivision and send it on to the PZC, or to reject it at the Inland/Wetland level and make the developer return with another alternative. The Commission chose to approve it as a 3 lot subdivision. As noted in the PZC Meeting Minutes for July 24th the two lots deleted by the Inland/Wetlands Commission
are now being retained by the developer for farming. She noted the PZC’s restriction that there be no left over land in a subdivision, and the developer will not increase the buildable lots by the left over acreage. Chairwoman Kehoe suggested by leaving the lots open (under the Inland/Wetlands approval) they will now be subject to more impact then if they were part of the subdivision.
Discussion followed regarding the Commission’s intention for the left over land, which
was to leave the land undisturbed. Town Planner Whitten noted the PZC’s concern regarding the shared driveway, although it was agreed the shared driveway was a good decision with regard to this parcel.
Chairwoman Kehoe suggested this Commission consider this situation in regard to future similar applications where requests for alternative plans may be more appropriate. Town Planner Whitten noted the right-to-farm lies with any piece of property. With regard to the parcel/application under discussion if the developer came back for resubdivision there is so much wetlands development probably would be denied. Town Planner Whitten indicated the land must be identified as something. Chairwoman Kehoe suggested the purpose is to keep the Inland/Wetlands Commission linked with the Planning and Zoning process.
CONFERENCES/SEMINARS/TRAINING: None.
CORRESPONDENCE: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:05 p.m.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
Respectfully submitted, ______________________________________________
Peg Hoffman, Recording Secretary, East Windsor Conservation Commission/Inland Wetlands and Watercourses Agency
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