TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
December 5, 2007
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, Richard Osborn, Michael Sawka, and Rene Thibodeau, and Alternate Member Jan Warren.
Unable to Attend: Regular Member John Malin, and Alternate Member Tina McCarter.
Chairwoman Kehoe noted that with the absence of Commissioner Malin Alternate Jan Warren would have full voting priviledges this evening.
ADDED AGENDA ITEMS:
Chairman Kehoe noted the following Applications/Items of Business to be added to the Agenda:
MOTION: To ADD the following items to the Agenda this evening: under NEW BUSINESS: 1) 93 Winkler Road (Winchester Modular Housing) – Request for modification to existing Inland Wetland Permit #1357 for the additions of a small deck, stairs, and fence; and 2) under NEW APPLICATIONS TO BE RECEIVED: 246 South Main Street – Application of Armster Reclaimed Lumber Co. to conduct regulated activities associated with storage of lumber. Total parcel is 57+/- acres, served by public water and sewer.
Osborn moved/Warren seconded/In Favor: Unanimous
APPROVAL OF MINUTES/November 7, 2007:
MOTION:
To APPROVE the Minutes of Regular Meeting dated November, 2007, with the following amendements: CONTINUED APPLICATIONS OR BUSINESS/A. 244 South Main Street (rear), Page 4, acknowledgement of vote corrected to: In Favor:
Kehoe/Osborn/Malin/Koczera/Warren; Opposed: Ceppetelli, Warren, Thibodeau; Abstained: No one; MISCELLANEOUS – Discussion Item/Blue Ditch: Page 8, “Chairman Kehoe reported she discussed existing problems with Blue Ditch with Town Engineer Norton, who has a sub-committee be formed to seek resolution; she has suggested a Inland/Wetlands Commission sub-committee be formed to seek resolution.”; VIOLATIONS (for action or show-cause hearing)/A. 244 South Main Street (Lumber Business), Page 9, Paragraph One, Sentence One: “Chairman Kehoe and the Commission had requested …………..”.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
PUBLIC HEARINGS (on Inland Wetland application)/A. Wapping Road (Herb Holden Trucking, Inc.) – Public Hearing on the 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. (35 day deadline to close public hearing ends 1/9/08):
MOTION: To OPEN the Public Hearing on the Application of Wapping Road (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/Koczera seconded/VOTE: In Favor: Unanimous
Chairman Kehoe noted receipt of letter dated December 5, 2007 from the Applicant requesting a continuation of the Public Hearing due to negotiations to use an access road within the railroad right-of-way. Chairman Kehoe READ THE LETTER FOR THE RECORD. Chairman Kehoe discussed parameters for extensions of public hearings.
MOTION: To CONTINUE the Public Hearing on the Application of Wapping Road (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 until the Commission’s regularly scheduled Meeting on January 2, 2008 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
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, regrading of slope and establishment of permanent vegetative cover. (65 day application period ends 11/9/07):
Chairman Kehoe read the Application description. Jay Ussery, of J. R. Russo, representing the Applicant was present; Mr. Balch (the applicant) was present in the audience.
Wetlands Agent Bednaz reported that after the previous meeting Mr. Balch had advised her that hay bales and mulch had been put on the slope; Mr. Peter Spanberg of the DEP visited the site with Wetlands Agent Bednaz on November 21st. Wetlands Agent Bednaz suggested the slope had been stablilized and the erosion controls had been put in place but nothing has been done with regard to removal of the soils. She advised Mr. Spanberg of the Commission’s intent for the site to be restored to the condition at the time of the last approval in 2002. DEP has been given a copy of that plan if they choose to use same; their response remains pending. An Enforcement Notice has been issued to Mr. Balch; she has subsequently spoken with him with regard to the status of the project and the possibility of
acquiring a bond for slope stabilization.
Chairman Kehoe noted the Applicant must submit an Application to the DEP as well as to this Commission.
Wetlands Agent Bednaz indicated slope stabilization would be restored to the contours indicated in the 2002 plan but the stormwater pipe outlet location would be pulled back to accommodate the removal of materials. Mr. Ussery agreed with Wetlands Agent Bednaz’s statement.
MOTION: To APPROVE the Application of 244 South Main Street (rear) – Continued application of Balch Bridge Street Corporation for the removal of fill material in regulated area, regrading of slope and establishment of permanent vegetative cover. The slope must be restored to the previously approved plan dated 12/04/01, revised
1/31/02, with the following conditions:
1) Slope and soil stabilization measures must be maintained at all times until final vegetative stabilization of soils within the project contributory areas is achieved. This includes all required erosion controls. If non-compliance with this condition is observed and documented, verbal notification will be immediately given to the applicant. If full action is not taken by the applicant within 7 days to achieve compliance with the IWWA Permit (the permit), a written notification will be issued. Upon issuance of written notification the applicant will have an additional 21 days to achieve full compliance. If compliance is not received within the specified timeframe, the soil stabilization and erosion control bond will be used to complete all work required to achieve full soil stabilization and erosion control compliance with the permit by the Town or its designated representative.
2) The Commission, or its designated agent, must be notified in writing no later than 48 hours prior to the commencement of permitted activities, and upon completion of said activities.
3) The Commission will retain a bond in the amount of $18,125 for soil stabilization and erosion and sedimentation controls.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
Chairman Kehoe noted Mr. Balch has also submitted an Application to the Planning and Zoning Commission as requested by the Commission; she suggested Wetlands Agent Bednaz would prepare a summary memo to advise the PZC of the background/status of the Inland/Wetlands Application.
MOTION: To SEND MEMO containing a written summary of events regarding this Application to the Planning and Zoning Commission.
Ceppetelli moved/Osborn seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/B. 260 Main Street (Holiday Inn Express) – Continued 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. (65-day application period ends 1/11/08):
Chairman Kehoe read the description of this Item of Business. Appearing to discuss this Application was Arthur Hall, of Dan Wright and Associates (architects), and Mahesh Patel, of MLS Ventures, site engineer.
Mr. Hall reported that as a requirement of the franchise the owners are being required by the Intercontinental Hotel Group to make improvements to this facility, including aesthetic improvements to the outside, and the addition of a pool, and an elevator to the second floor. Presently the hotel contains two wings of guest rooms and a one story element with conference rooms and hotel lobby; they are proposing a small addition on the inside rear corner of the existing hotel for the elevator, and an elevated walkway to the other wing. This work is on the side away from the wetlands. The side facing the wetlands is where they are proposing to put the pool addition, which Mr. Hall described.
Mr. Hall suggested the submitted plans include a topographic map which includes the wetlands as identified by a soil scientist and also shows the 150’ line. They will be stockpiling the materials taken from the pool area to be reused on the site; any excess will be removed from the parcel. They are not adding any piping to the current storm drainage. They will not be doing any work in the wetlands; the plans, which have been approved by Town Engineer Norton, show the installation of silt fencing and hay bales.
It was noted the plans also show a Conservation Easement which was required on the original permit; Mr. Patel indicated the easement was not filed on the Land Records. Discussion followed regarding the easement; Chairman Kehoe suggested it is the responsibility of the Applicant to file the legal document.
Wetlands Agent Bednaz raised several questions, including: 1) Where would the pool water be treated; 2) clarification of the removal or reconstruction of the overhang; 3) clarification of the boundaries of the Conservation Easement, and subsequent filing of same; 4) requested map of endangered species for area of project; 5) addition of condition notifying Commission or Wetlands Agent in writing 48 hours prior to beginning of construction to facilitate tracking of project; 6) possibility of requiring bond to ensure removal of erosion controls and applying seed.
Chairman Kehoe requested the following revisions to the plans: 1) label the soils; 2) show the Conservation Easement to the top of the slope; 3) any soil not reused on the site to be removed from same, and plans so noted; 4) plant native vegetation near top of terrace escarpment slopes; 5) because of concern with proximity to terrace escarpment slopes install gutters on building, or some type of alternative storm management installation to lead water away from the top of the slope (as the Commission’s goal is to eliminate, then minimize, the water coming off the roof); applicant to submit alternate proposal for next meeting; 6) explore alternate location for pool addition.
Mr. Hall indicated the flat area at the top of the slope is mowed. Chairman Kehoe noted the final filling will be 20’ off the top of the slope; she questioned what the access to that area would be with regard to construction? Mr. Hall noted it would be in the existing gray area along the parking lot. Chairman Kehoe questioned if there were any other areas they could consider to put the pool? Mr. Hall reported it needs to be near the core building as the franchise wants it to be near the existing bathrooms; the proposed location is ideal as it’s at the back of the building. Chairman Kehoe also questioned why the fence deadends as it does? Wetlands Agent Bednaz indicated the fence ends as shown on the plan and is replaced by shrubbery.
Commissioner Ceppetelli questioned the timetable for construction? Mr. Hall felt it would begin in late 2008. Chairman Kehoe suggestion the addition of a condition prohibiting construction in the Spring.
Discussion returned to an alternate location for the pool.
MOTION: To CONTINUE the Application of 260 Main Street (Holiday Inn Express) – Continued 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/Thibodeau seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:54 p. m. and RECONVENED at 9:03 p.m.
NEW BUSINESS: 93 Winkler Road (Winchester Modular Housing) – Request for modification to existing Inland Wetland Permit #1357 for the additions of a small deck, stairs and fence.
Chairman Kehoe noted this lot contains a huge Conservation Easement. Wetlands Agent Bednaz reported she conducted a site visit; none of the work proposed will migrate past the erosion controls. The Applicant is proposing to install a metal fence with openings large enough for amphibians to migrate through; the fence will encircle the entire property. The deck being proposed is small; because the house is high off the surface the deck is more of a landing.
Discussion followed regarding the intent of the fence – screening from cars coming down Newberry Road or as a containment vehicle to keep the owners out of the wetlands.
MOTION: To RECEIVE the Application of 93 Winkler Road (Winchester Modular Housing) – Request for modification to existing Inland Wetland Permit #1357 for the additions of a small deck, stairs and fence.
Osborn moved/Sawka seconded/
VOTE: In Favor: Kehoe/Ceppetelli/Osborn/Sawka/Thibodeau/Warren
Abstained: Koczera (abuts landowner)
NEW APPLICATIONS TO BE RECEIVED:
Chairman Kehoe noted this Application has been received in response to a Violation Letter.
MOTION: To RECEIVE the Application of 246 South Main Street – Application of Armster Reclaimed Lumber Co. to conduct regulated activities associated with storage of lumber. Total parcel is 57 +/- acres, served by public water and sewer.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
MOTION: To GO OUT OF ORDER to handle property violations.
Ceppetelli moved/Koczera seconded/VOTE: In Favor: Unanimous
VIOLATIONS (for action or show-cause hearing)/A. 244 SOUTH MAIN STREET (LUMBER BUSINESS):
Violation Letter sent November 15, 2007 to All American Products Corp, c/o James Balch; new application received this evening for 246 South Main Street Application of Armster Reclaimed Lumber Co. to conduct regulated activities associated with storage of lumber.
VIOLATIONS/B. NEWBERRY ROAD (STEVE DEARBORN):
Wetlands Agent Bednaz reported she prepared a Notice of Violation November 15, 2007, which she hoped to hand-deliver to Mr. Dearborn at scheduled applicant meetings but he failed to appear at either of the two meetings. The Notice of Violation was subsequently sent by Certified Mail. A second letter was sent regarding new activity not included in the present Permit, which allowed installation of a contractor’s storage yard. During a phone conversation at the end of the week Mr. Dearborn reported he was preparing a new plan and will use Mr. Wilcox’s (abutting landowner) sketch of the wetlands rather than the field delineation requested by the Commission. Wetlands Agent Bednaz reported she agreed to Mr. Dearborn’s proposal, but wanted to check the flags herself.
Mr. Dearborn questioned her bias on the issue; Wetlands Agent Bednaz advised Mr. Dearborn he could hire a soil scientist at his own cost.
Discussion followed regarding the new activity – piping of the stream channel; possible referral of the work to the Army Corp of Engineers (ACOE), and confirmation of the farming exemption.
MISCELLANEOUS/A. BOARD DEVELOPMENT – TRAINING/TOPICS SCHEDULE:
Chairman Kehoe suggested working with Wetlands Agent Bednaz to develop field walks. Commissioner Warren suggested discussion of rain gardens.
MISCELLANEOUS/B. ANNUAL REPORT:
Chairman Kehoe will prepare/submit the Commission’s annual report.
MISCELLANEOUS /C. Election of Officers:
MOTION: To NOMINATE Linda Kehoe as Chairman, Mike Ceppetelli as Vice Chairman, and Rene Thibodeau as Secretary.
Osborn moved/Sawka seconded (all candidates accepted the nominations)
MOTION: To CLOSE THE NOMINATIONS.
Warren moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/D. WETLAND FEE SCHEDULE:
Wetlands Agent Bednaz discussed her format for application fees. Commission to review submission for continued discussion.
MISCELLANEOUS/Natural Resource Preservation Committee:
Chairman Kehoe noted a meeting has been scheduled for Thursday, December 20th with First Selectman Menard to discuss the division of the Conservation Commission/Inland Wetlands Commission into two commissions: an Inland Wetlands Commission to handle land use issues, and a second commission to be known as the Conservation Commission to handle open space and farmland preservation issues.
AGENT DECISIONS: None.
STATUS REPORTS/A. PLANNING AND ZONING REVIEW:
Chairman Kehoe referenced Agenda from previous PZC Meetings, and the notations regarding actions taken.
Conference/seminars/training: No action this evening.
CORRESPONDENCE: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:07 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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