TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
November 7, 2007
***** Draft Document – Subject to Commission Approval *****
Chairman 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 (Chairman), Regular Members Michael Ceppetelli, Michael Koczera, John Malin, Richard Osborn, and Rene Thibodeau, and Alternate Member Jan Warren.
Unable to Attend: Regular Member Michael Sawka, and Alternate Member Tina McCarter.
Chairman Kehoe noted that with the absence of Commissioner Sawka Alternate Jan Warren would have full voting priviledges this evening.
Chairman Kehoe also welcomed Katie Bednaz, Assistant Planner/Zoning Enforcement Officer/Inland-Wetlands Agent, to the Planning Department/Inland-Wetlands team.
ADDED AGENDA ITEMS:
Chairman Kehoe acknowledged the following Additional Agenda Items, which will be received formally later in the Agenda:
1) Wapping Road (Herb Holden Trucking, Inc.) - Application of Herb Holden Trucking, Inc. to conduct regulated activities associated with access roadway improvements. Property is located on the north side of Wapping Road, 2000+/- feet from Plantation Road.
2) 250 Main Street (Holiday Inn Express) - Application of MLS Ventures LLC, to conduct regulated activities associated with a 1,398 s. f. Indoor Pool addition and elevator addition on the west side of building. Total parcel is 6.6 acres, served by public water and sewer.
MOTION: To ADD the following items to the Agenda this evening: under NEW APPLICATIONS TO BE RECEIVED: 1) Wapping Road (Herb
Holden Trucking, Inc.) – Application of Herb Holden Trucking, Inc. to conduct regulated activities associated with access roadway improvements. Property is located on the north side of Wapping Road, 2000+/- feet from Plantation Road; and 2) 250 Main Street (Holiday Inn Express) – Application of MLS Ventures LLC, to conduct regulated activities associated with a 1,398 s. f. Indoor Pool addition and elevator addition on the west side of building. Total parcel
is 6.6 acres, served by public water and sewer.
Osborn moved/Malin seconded/In Favor: Unanimous
APPROVAL OF MINUTES/October 3, 2007:
MOTION:
To APPROVE the Minutes of Regular Meeting dated October 3, 2007, with the following amendements: ESTABLISHMENT OF QUORUM, Page 1, Chairwoman Kehoe changed to Chairman Kehoe (subsequent references to Chairwoman Kehoe will be understood to be Chairman Kehoe for the purposed of this document); PUBLIC HEARING/A. 111 Bridge Street, PAGE 3, last paragraph, row 4: “te the retaining wall to a splash pad outside the wetlands…….”, PAGE 4, second paragraph of Bill Grace’s comments, row 6, “The 100 year flood pain plain comes up adjacent to this site……”, PAGE 5, third
paragraph, row 2, “opposed to going off their property to clean catch basins to address drainage and overgrowth issues within the Blue Ditch area.”, PAGE 5 continued, final paragraph, row 2, “woule would like to see more information regarding the developer working with the Town to clear debris from Blue Ditch.”; CONTINUED APPLICATIONS OR BUSINESS/A. 244 South Main Street (rear), PAGE 6, last paragraph, row 2, “Chairwoman Kehoe note noted a Violation Letter was issued…..”, PAGE 7, first paragraph, row 1, “presently. It was noted two spots thought to be sand is are actually sawdust……”, same paragraph, row 14, “……immediately as the sawdust is being
placed at the edge of the grading because of potentially eroding soils from the graded area.”, PAGE 5 continued, fifth paragraph, row 1, “Chairwoman Kehoe noted she has not seen an application for removal of the sawdust piles the business operating at the site; …….”
Osborn moved/Malin seconded/
VOTE: I n Favor: Ceppetelli, Koczera, Malin, Osborn, Thibodeau, Kehoe
Opposed: No one
Abstained: Warren (not present)
MOTION: To APPROVE the Minutes of Special Meeting dated October 24, 2007 written.
Osborn moved/Malin seconded/
VOTE: I n Favor: Ceppetelli, Malin, Osborn, Kehoe
Opposed: No one
Abstained: Warren (not present)
CONTINUED APPLICATIONS OR BUSINESS/A. 244 South Main Street (rear) – Continued application of Balch Bridge Street Corporation for the removal of fill material in regulated area, regarding of slope and establishment of permanent vegetative cover. (65 day application period ends 11/9/07):
Chairman Kehoe read the description of this Item of Business, noting the 65 day Application period ends November 9, 2007. Chairman Kehoe indicated the Applicant, James Balch, is unable to attend the Meeting this evening as his mother is ill and was taken to the hospital. He will be represented by Jay Ussery, of J. R. Russo & Associates.
Chairman Kehoe summarized that the Applicant had been asked to place soil and erosion controls at the site, and to stablized the slopes. Wetlands Agent Bednaz indicated the slopes have been seeded and hay bales have been placed at the toe of the slope but were not staked. The slope seems to be stablized, depending on the intensity of a rain event; Wetlands Agent Bednaz recommended that the hay bales be staked. The saw dust piles remain at the site, rather than removed as requested. There seems to have been no more activity at the site, except for the stablization of the area. Town Planner Whitten suggested it looked like the outlet to the pipe had been covered, although it may be around the other side of the area. Chairman Kehoe and Mr. Ussery both felt the area had been
enhanced with riprap.
Mr. Ussery introduced himself FOR THE RECORD. He indicated he did discuss the soil and erosion controls with Mr. Balch, who said he would install them. Mr. Ussery will remind Mr. Balch to have the hay bales staked. The area has been seeded but it’s probably too late in the season for vegetation to catch hold. Mr. Ussery indicated he did speak to the tenant to remove the saw dust piles; he will remind the tenant of this issue as well. Town Planner Whitten advised the Commission she did speak to the tenant regarding the possibility of contaminated wood; the tenant advised her that he does not take in anything containing arsenic. It’s all pressure treated wood; he could/would guarantee that the sawdust is clean. The tenant indicated he knows where the
wood comes from because he needs the documentation as the reconditioned wood is going into homes.
Chairman Kehoe noted the Commission had requested the DEP be contacted with regard to this issue. Town Planner Whitten had advised Chairman Kehoe that she had no response to her voice message left with DEP; their voicemail box is full. Mr. Ussery concurred, noting he has had no contact with DEP either.
Discussion followed regarding further action by the Commission; Chairman Kehoe
recalled that the consensus of the Commission at the previous meeting was that the material be removed and the site restored to the condition which existed at the last approval. She noted the need for the Commission to make a decision tonight as the application period ends in 2 days; the Applicant can deal with DEP separately. It was noted Mr. Balch will need a permit from the Planning and Zoning Commission to remove the materials as well. Discussion continued regarding the Commission’s options; Mr. Ussery requested an extension on behalf of the Applicant which would enable Mr. Balch to be present for the decision.
MOTION: To GRANT APPROVAL FOR AN EXTENSION TO THE COMMISSION’S DECEMBER 5, 2007 MEETING for 244 South Main Street (rear) – Continued application of Balch Bridge Street Corporation for the removal of fill material in regulated area, regarding of slope and establishment of permanent vegetative cover.
DISCUSSION: Wetlands Agent Bednaz noted there is a good possibility that the area may freeze and the Applicant may not be able to complete the recommendations made during the Commission’s decision on December 5th, she would recommend that hay bales be installed along the whole slope to stabilize the area, that the hay bales be staked to hold them in place, and that the sawdust piles should be removed. Discussion continued regarding the need to install silt fencing in addition to the staked hay bales; Wetlands Agent Bednaz indicated she would prefer one or the other remedy be chosen, her preference would be the staked hay bales.
REVISED MOTION: To GRANT APPROVAL FOR AN EXTENSION TO THE COMMISSION’S DECEMBER 5, 2007 MEETING for 244 South Main Street (rear) – Continued application of Balch Bridge Street Corporation for the removal of fill material in regulated area, regarding of slope and establishment of permanent vegetative cover.
Conditions of Approval:
1) hay bales be installed along the whole slope to stabilize the area
2) that the hay bales be staked to hold them in place
3) and that the sawdust piles should be removed.
Osborn moved/Koczera seconded/
VOTE: In Favor: Kehoe/Osborn/Malin/Koczera/Warren
Opposed: Ceppetelli
Abstained: No one
CONTINUED APPLICATIONS OR BUSINESS: 161 South Main Street (Southern Auto Sales) – Continued application of Southern Auto Sales to conduct regulated
activities associated with utility installation for east lot car wash and recondition center. Total parcel is 182+/- acres, served by public water and sewer. (65 day application period ends 12/7/07):
Chairman Kehoe read the description of this Item of Business. Appearing to discuss this Application was Attorney T. Mark Barbieri, and Jay Ussery, of J. R. Russo & Associates. Attorney Barbieri noted Rick Nadeau, of Southern Auto Auction, was unable to attend this evening as Wednesday is auction day. Chairman Kehoe and Mr. Ussery reviewed the Application check list.
Attorney Barbieri gave a history of the existing permit, which allows installation of underground utilities. Mr. Ussery referenced page 3 of the submitted plans, which indicates the delineated wetlands and the area of temporary wetlands disturbance. The proposal is for .09 acre - just under 4,000 square feet - of temporary disturbance to allow the digging of a trench for the installation of underground utilities. Mr. Ussery indicated the area will be restored in the same profile as the materials are taken out; the area will revert to the same wetlands vegetation that was there before installation of the utilities. There are currently 3 culvert pipes in the intermittent watercourse; the pipes will be temporarily removed, the utilities installed, and the pipes returned
to the trench the same day. Mr. Ussery indicated if they can’t complete the project in one day they will leave the middle pipe in place to handle the water until the project is completed. Mr. Ussery indicated he has tried, but has not been able, to contact Town Engineer Norton.
Installation of the utilities will eventually serve a 2 bay car wash (with mechanical area to suppport the car wash, small office and bathroom for staff) - which is part of the present Application - and a reconditioning center in the future. Mr. Ussery indicated the Connecticut Water Company had concerns that they could service the building with the current systems either in Phelps Road (because of the size of the pipes) or along Route 5 (because of the distance); they have required that Southern Auto Auction install a loop within the site
Wetlands Agent Bednaz raised the following questions: 1) if the soil was able to support the heavy machinery? Mr. Ussery indicated they would use a smaller excavator with tracks to work in the area. 2) would timber mats be used? Mr. Ussery indicated they would be used if necessary. 3) cited the need to specify the seed mix - wetlands mix and/or conservation mix - on the plans to assist contractors. Mr. Ussery indicated he will add the mixes, and their locations, on the plans. 4) where are the anticipated locations of the soil stockpiles? Mr. Ussery suggested he didn’t anticipate the need to load materials on a truck and bring back to the trench location; he intends to stockpile the soil on the side of the trench and return same immediately.
All materials will be contained within erosion controls. 5) what’s the function of the current pipe? Mr. Ussery indicated they are trying to emulate what was there before a farm road was partially filled which causes an intermittent flow to pool during storm events.
Discussion followed regarding the proposed depth of pipe relative to Connecticut Water Company and Water Pollution Control Authority (WPCA) requirements. Commissioner Ceppetelli questioned if the work might drain the wetlands if the soils were not returned correctly? Mr. Ussery indicated this would be a forced system - which would follow the natural grade - rather than gravity system; he felt they will be bringing water to the wetlands rather than draining them. Discussion followed regarding the design of the proposed car wash, the anticipated drainage system within same, and maintenance of the drainage system. Mr. Ussery reported the purpose of this car wash is to give the cars a quick blast of water to remove dust and pollen before cars go through the auction; it’s not the
typical car wash with a lot of soap and suds.
Mr. Ussery noted the reconditioning area is not part of this Application; the location hasn’t been decided yet. If any part of the loop is within the 150’ area it would require the Applicant to return to this Commission.
MOTION: To APPROVE the Application of 161 South Main Street (Southern Auto Sales) – Continued application of Southern Auto Sales to conduct regulated activities associated with utility installation for east lot car wash and recondition center. Total parcel is 182+/- acres, served by public water and sewer.
DISCUSSION: Commissioner Ceppetelli questioned the timing of the installation of the improvements as he is concerned how the next phase of the plan could be initiated if the conditions of this approval are not met. Attorney Barbieri indicated that the car wash proposed under this Application can stand alone without other future improvements.
Also, Wetlands Agent Bednaz requested that the wetlands seed mix and conservation seed mix and the location of same be included on the plans. Commissioner Osborn revised his motion to include her request.
REVISED MOTION: To APPROVE the Application of 161 South Main Street (Southern Auto Sales) – Continued application of Southern Auto Sales to conduct regulated activities associated with utility installation for east lot car wash and recondition center. Total parcel is 182+/- acres, served by public water and sewer.
Condition of Approval:
1) That the wetlands seed mix and conservation seed mix and the location of same be included on the plans.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
LET THE RECORD SHOW Commissioner Warren left the meeting at 8:55 p.m. Chairman Kehoe noted the Commission still retained a quorum with her absence.
NEW BUSINESS: None.
NEW APPLICATIONS TO BE RECEIVED/1) Wapping Road (Herb Holden Trucking, Inc.) – Application of Herb Holden Trucking, Inc. to conduct regulated activities associated with access roadway improvements. Property is located on the north side of Wapping Road, 2000+/- feet from Plantation Road:
MOTION: To RECEIVE the Application for Wapping Road (Herb Holden Trucking, Inc.) – Application of Herb Holden Trucking, Inc. to conduct regulated activities associated with access roadway improvements. Property is located on the north side of Wapping Road, 2000+/- feet from Plantation Road.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
Chairman Kehoe noted the Applicant has requested a Public Hearing be scheduled on this Application for the Comission’s December 5th Meeting. Town Planner Whitten indicated the request has been made due to the public interest at a previous application. This proposal will bring the access past the bog; Mr. Holden feels the Commission will have interest in holding a Public Hearing.
MOTION: To SCHEDULE A PUBLIC HEARING FOR THE DECEMBER 5, 2007 MEETING for Wapping Road (Herb Holden Trucking, Inc.) – Application of Herb Holden Trucking, Inc. to conduct regulated activities associated with access roadway improvements. Property is located on the north side of Wapping Road, 2000+/- feet from Plantation Road.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/ 2) 250 Main Street (Holiday Inn Express) – Application of MLS Ventures LLC, to conduct regulated activities associated with a 1,398 s. f. Indoor Pool addition and elevator addition on the west side of building. Total parcel is 6.6 acres, served by public water and sewer.
MOTION: To RECEIVE the Application of ) 250 Main Street (Holiday Inn Express) – Application of MLS Ventures LLC, to conduct regulated activities associated with a 1,398 s. f. Indoor Pool addition and elevator addition on the west side of building. Total parcel is 6.6 acres, served by public water and sewer.
Malin moved/Thibodeau seconded/VOTE: In Favor: Unanimous
MISCELLEANOUS/A. Board Development - Training/Topics Schedule:
Chairman Kehoe reported she is working on finding an attorney to address the Commission on legal procedures/issues, etc.
MISCELLANEOUS/B. Annual Report:
Chairman Kehoe is working on a draft of the Commission’s Annual Report and will submit same to the Board of Finance upon request.
MISCELLANEOUS/C. 2008 Meeting Schedule:
MOTION: To APPROVE THE 2008 MEETING SCHEDULE AS PRESENTED.
Osborn moved/Malin seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/D. Wetland Fee Schedule:
Chairman Kehoe summarized the Commission’s work on the Fee Schedule at the October 24th Special Meeting. Brief review/discussion occurred. Town Planner Whitten and Wetlands Agent Bednaz will review the Commission’s proposal relative to fee schedules in surrounding towns and discuss at the December 5th Meeting.
MISCELLANEOUS - Discussion Item/Blue Ditch:
Chairman Kehoe reported she discussed existing problems with Blue Ditch with Town Engineer Norton, who has a sub-committee be formed to seek resolution.
MISCELLANEOUS – Appointment of Agent:
MOTION: To APPOINT Katie Bednaz as the Agent for the Inland/Wetlands Commission to act in its behalf with the authority to issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Agency or its duly authorized agent shall take into consideration the criteria for decision under section 10.2 of these regulations.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing)/A. 244 South Main Street (Lumber Business):
Chairman Kehoe requested an update of the Commission’s request that a Letter of Violation be sent to the lumber business operating at 244 South Main Street, and any subsequent meetings that occurred.
Town Planner Whitten reported that although she has spoken with the person operating the lumber reclamation business no formal Letter of Violation was sent officially. There
was a question of how much J. R. Russo would charge for the work already done; she felt there is now verbal agreement but no contract has been signed. The business owner is in the process of filing an application.
Chairman Kehoe noted her discussion with the South Windsor ZEO. This business owner previously operated in South Windsor and expanded the business without approval; when the request to bring the operation back into compliance was met with disagreement the Town considered applying fines. The business then moved to East Windsor. Town Planner Whitten indicated the business owner suggested the disagreement was with the property owner. Discussion followed regarding the conflicting stories.
Chairman Kehoe the Commission had requested the business owner be asked to come in to discuss the layout of the busines; they have not filed an application. She requested a Letter of Violaton be sent to the business owner within 10 days of this meeting, with carbon copies to the Chairman of this Commission and the First Selectman. The letter is to reference the stockpiling of materials within the area of the wetlands on the subject site. Wetlands Agent/Zoning Enforcement Officer Bednaz to write the letter.
MOTION: To SEND THE OPERATOR OF THE WOOD RECLAMATION BUSINESS A VIOLATION LETTER WITHIN 10 DAYS OF THIS MEETING, WITH CARBON COPIES TO BE SENT TO THE CHAIRMAN OF THE CONSERVATION COMMISSION/INLAND WETLANDS WATERCOURSE AGENCY AND THE FIRST SELECTMAN – LETTER TO REFERENCE THE STOCKPILING OF MATERIALS WITHIN THE AREA OF WETLANDS ON SUBJECT LOCATION.
Ceppetelli moved/Osborn seconded/VOTE: In Favor: Unanimous
VIOLATIONS (for aciton or show-cause hearing)/B. 68 Newberry Road (Steve Dearborn):
Chairman Kehoe reported Mr. Dearborn has put in a road and is exceeding the parameters of his current permit. The abutting landowner, Mr. Wilcox, has hired a professional engineer and had the property surveyed, and has submitted a letter regarding Mr. Dearborn’s activities. Town Planner Whitten noted Mr. Dearborn has piped the intermittent watercourse in the wetlands along the roadway without permit; he has also installed recycled asphalt/chip seal on the site in the area which was previously gravel and has built a road with 3’ to 4’ of fill parallel to the Wilcox property from the front of Newberry Road to the back of the property. No drainage has been installed. Town Planner Whitten didn’t recall if Mr. Dearborn had installed the jersey barriers required
under his current Wetlands Permit, but he is clearly in violation of allowable activities.
Discussion followed regarding the subject activities, which exceed the limits of the existing permit, vs. farming activities as-of-right.
Chairman Kehoe requested a Letter of Violation be sent to the business owner within 10 days of this meeting, with carbon copies to the Chairman of this Commission and the First Selectman. The letter is to reference present activity piping the intermittant watercourse in the wetlands without permit and installation of recyclable asphalt/chip seal on site where gravel was previously located; the Commission requested Mr. Dearborn attend the December 5th Meeting to discuss his activities.
Wetlands Agent/Zoning Enforcement Officer Bednaz to write the letter.
MOTION: To SEND STEVE DEARBORN A VIOLATION LETTER WITHIN 10 DAYS OF THIS MEETING, WITH CARBON COPIES TO BE SENT TO THE CHAIRMAN OF THE CONSERVATION COMMISSION/INLAND WETLANDS WATERCOURSE AGENCY AND THE FIRST SELECTMAN – LETTER TO REFERENCE PRESENT ACTIVITY PIPING THE INTERMITTANT WATERCOURSE IN THE WETLANDS WITHOUT PERMIT AND INSTALLATION OF RECYCLABLE ASPHALT/CHIP SEAL ON SITE WHERE GRAVEL WAS PREVIOUSLY LOCATED, AND REQUEST HIS ATTENDANCE AT THE DECEMBER 5, 2007 MEETING.
Ceppetelli moved/Osborn seconded/
VOTE: In Favor: Kehoe/Osborn/Malin/Koczera/Ceppetelli
Opposed: No one
Abstained: Thibodeau (because of work and personal association with Steve Dearborn)
STATUS REPORTS/A. Planning & Zoning Review:
Chairman Kehoe referenced the Agenda’s from the Planning and Zoning Commission’s
previous two meetings for actions taken.
CONFERENCE/SEMINARS/TRAINING/A. Advanced Approaches to Land protection - Workshop #3, Transfer of Development Rights:
Chairman Kehoe referenced a scheduled workshop.
CORRESPONDENCE:
Nothing other than those items mentioned during Items of Business.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:50 p.m.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
______________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Conservation Commission/Inland Wetlands and Watercourses Agency
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