TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
January 2, 2008
***** Draft Document - Subject to Commission Review *****
CALL TO ORDER: Vice Chairman Ceppetelli called the Meeting to order at 7:38 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM:
Present: Regular Members Michael Ceppetelli (Vice Chairman), John Malin, Richard Osborn, Michael Sawka, and Rene Thibodeau, and Alternate Member Jan Warren.
Unable to Attend: Regular Members Linda Kehoe (Chairwoman), and Michael Koczera
Alternate Tina McCarter was present at the Meeting but had not had her appointment renewed, therefore she was unable to participate in the Items of Business before the Board.
Vice Chairman Ceppetelli noted the establishment of a quorum with five Regular Members and one Alternate; all Regular members will sit in on votes this evening. Also in attendance was Wetlands Agent/Zoning Enforcement Officer Bednaz.
AGENDA ADDITIONS:
Vice Chairman Ceppetelli noted the addition of Item D. under MISCELLANEOUS - Informational packets for Commissioner review, and the addition under STATUS REPORTS of Item B. Mansions at Canyon Ridge, and Item C. Balch memo.
APPROVAL OF MINUTES - 12/5/07: See motion, page 10.
PRESENTATION/A. Board Development - Training/Topics Schedule - Presentation by Al Rosenberg of New England Bark Mulch in Winsted, CT., about Filtrexx Filter Soxx and related erosion controls - an alternative to silt fence, etc.
Canceled this evening due to inability of presenter to appear; continued to February 6th Commission Meeting.
PUBLIC HEARING/A. Wapping Road (Herb Holden Trucking, Inc.) - Continued 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):
Vice Chairman Ceppetelli read the Hearing description. Appearing to represent the Applicant was Attorney Allan Koerner; Matt Brown of Anchor Engineering Services, Inc.; Jay Ussery of J. R. Russo & Associates; and Mike Gragnolati, Registered Professional Soil Scientist.
Attorney Koerner reported the Applicant’s representatives have been working with DOT, the Central New England Railroad, and the Buckeye (Gas) Pipeline to approve submitted plans; DOT, as owner of the property, has given a Right of Entrance Letter of Agreement for the Applicant’s access along the existing rail line. Wetlands Agent Bednaz READ FOR THE RECORD Certified letter dated December 20, 2007 from Julie L. Thomas, Supervising Property Agent, Bureau of Public Transportation, CTDOT, which outlines three requirements prior to the DOT’s issuance of a Right of Entry Permit. Attorney Koerner indicated DOT issues a permit, rather than application review; the Permit will be issued upon payment of the required fees. Jay Ussery, of J. R. Russo & Associates, stepped forward to clarify the
DOT procedures. He suggested as an analogy the installation of the Prospect Hill sewer extension which crossed DOT land; the Applicant for that project was the East Windsor Water Pollution Control Authority who came before this Commission yet the permit had not been signed at the time of Inland/Wetlands application review. A similar project was the sewer line installation for the Mansions at Canyon Ridge; the applicant was Sumner Chapman, a private developer, who submitted an application to this Commission for work within the DOT’s right-of-way along Route 140 - there were no DOT signatures at the time of that Inland/Wetlands application review either. Attorney Koerner felt they were 90% through the DOT review process, and hoped they would have the signatures/completed permit with a couple of months.
Vice Chairman Ceppetelli noted that the period to hear this Application expires in 5 days, which would require the Commission to make a decision tonight. He suggested the Applicant may want to consider offering the Commission an extension on the Application time period. Attorney Koerner agreed to submit a written letter of extension.
MOTION: To OPEN the Public Hearing for Wapping Road (Herb Holden Trucking, Inc.) - Continued 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.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
Attorney Koerner submitted the Certified Mail Receipts regarding notification to abutting land owners to the Commission. Attorney Koerner suggested the Applicant is proposing to reactivate an old gravel access road along the Central New England Railroad; the access has been designed to comply with the requirements of both the State and the Buckeye Pipeline. Matt Brown, of Anchor Engineering, indicated they will be improving the current existing unpaved access road on the east side of the tracks. While approximately 100’ of paved road currently exists the Applicant will be adding another 675’ of new paving, some of which will be within the area of the wetlands. They will install a stone infiltration trench in that area so only the run off from the east side of the road will run into the
wetlands; silt fencing will be installed along the entire east edge.
Vice Chairman Ceppetelli requested a summarization of the previous Application. Mr. Ussery recalled that a section of the Planning and Zoning Regulations requires that new gravel operation entrances not be within one mile of an existing operation. This Applicant had planned on using the existing NORCAP entrance and applied for a waiver of the less than one mile entrance requirement. The Planning and Zoning Commission (PZC) did not grant that waiver, and asked for an alternate access plan - the plan being submitted tonight. The Applicant will go back to the PZC with this alternate access plan, which they really don’t want to use, and will ask for a waiver again. Mr. Ussery indicated this access is access to the Mitchell Storage Pit/Area; the access will be within 150’
of the uplands review area of the bog.
Wetlands Agent Bednaz noted she walked the site in early November and discussed potential plan revisions with Mr. Ussery - those revisions included pavement within the uplands review area, concern for dust migration to the bog, review of the infiltration trench, and movement of crossing from one location to another. Mr. Ussery suggested the area under discussion is a drainage swale rather than wetlands; Wetlands Agent Bednaz agreed the area is wet but doesn’t travel anywhere and doesn’t maintain hydrology to support a wetlands. Wetlands Agent Bednaz indicated she is a Certified Soil Scientist; she is comfortable with the verification of the soils. Mr. Ussery noted Mr. Gragnolati’s review of the same area and also found no wetlands present; he indicated the existing roadway is
approximately 100’ from the bog. Mr. Brown indicated there would be 80’ from the bog to the closest disturbance; he described the infiltration trench, noting he is not concerned that any spillage of materials from trucks passing will clog the trench due to the high quality of the sand and gravel to be excavated. Mr. Brown indicated the improved access road won’t cross the jetline; the closest point to the jetline would be 7.5’.
Vice Chairman Ceppetelli questioned the potential for dust to impact the bog? Mr. Gragnolati noted they are proposing to pave to eliminate the dust, and with the requirement for covered loads he didn’t expect anything to be coming off the trucks. He suggested it is a well forested area between the bog and the road. Wetlands Agent
Bednaz noted page 5 of the plans indicated sweeping as a method for dust control.
Vice Chairman Ceppetelli opened discussion to the audience.
Attorney Amy Blaymore Paterson, representing Mary Nilsson (abutting property owner): Attorney Paterson indicated she has reviewed the plans and has submitted her letter of January 2, 2008 containing 16 comments/questions to the Commission. Attorney Paterson suggested she feels the plans are incomplete, and proceeded to review her 16 comments in detail (see letter for specifics).
Wetlands Agent Bednaz questioned if any response had been received from the Connecticut Natural Diversity Database? Mr. Brown indicated he had received two letters from the DEP; if any State permits are required additional surveys will be requested at that time. Nothing has been requested at present. Wetlands Agent Bednaz requested copies of the letters for the Application file.
Vice Chairman Ceppetelli requested the Applicant to provide the following for the next meeting: 1) drainage calculations, if not already submitted; and 2) prepare one cover map indicating all regulated areas. During discussion the question arose as to Certified notification to the Northern Connecticut Land Trust as owner of the bog; Mr. Ussery will review the ownership and notification of same.
MOTION: To CONTINUE the Public Hearing for Wapping Road (Herb Holden Trucking, Inc.) - Continued 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. Hearing continued until the Commission’s regularly scheduled meeting on February 6, 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. 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):
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Art Hall, of Dan Wright & Associates, Architects; and Nate Sreenath, Professional Engineer, of Sreenath Associates.
Mr. Hall submitted information regarding the Connecticut Natural Diversity Database (CNDD); Wetlands Agent Bednaz indicated this location is not within the CNDD area.
Mr. Hall indicated that in response to comments made by the Commissioners at the previous meeting, and advisement of the difficulty of an abutter regarding work within the embankment they are submitting revised plans. While the previous location of the pool addition at the rear of the existing building was considered the best location from the hotel’s perspective they have considered alternative locations because of the Commission’s concerns for work adjacent to the embankment. They are now proposing the pool addition in front of the building, to the far end of the parking lot. They will also be adding new bathrooms and relocating a transformer adjacent to the pool. A new 12’ x 16’ outdoor equipment shed will also be relocated, and installed on pressure-treated timbers on a
crushed stone pad; no ground disturbance will occur due to this relocation. Mr. Hall indicated that 7 existing trees located along the top of the embankment are leaning towards the building and are damaged; these will be cut down to grade and new rhododendrons will be planted to provide replacement root storage.
Mr. Sreenath noted they will be installing silt fence and hay bales along the top of the embankment to minimize erosion to the wetlands; erosion controls are shown in detail on the plans.
Wetlands Agent Bednaz noted the shed relocation and tree cutting will now be included in the permit under consideration for this Application. If any adjustment of the shed location is required it will be a permit modification. In response to Commissioner Warren’s requested clarification it was noted that the new shed location is on the northwest corner of the parcel about 30’ from the Conservation Easement and about 60’ from the wetlands.
The Applicant is now willing to show the Conservation Easement on the plans and record same on the Land Records. Conditions of approval should include: 1) confirmation of deed submission/recording with regard to the Conservation Easement; 2) written advisement 48 hours prior to commencing construction, and written advisement of completion of construction as well; and 3) addition of new shrubs to be planted on embankment to be shown on plans
MOTION: To APPROVE 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. The following CONDITIONS apply:
1) Confirmation of Conservation Easement must be placed on the deed.
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) Two (2) rhododendron shall be planted within #1 and #3 trees.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/B. 246 South Main Street - Continued 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. (65-day application period ends 2/9/08):
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss the Application was Klaus Armster, owner of Armster Reclaimed Lumber Company/tenant at 246 South Main Street/Applicant; and Jay Ussery, of J. R. Russo & Associates.
Mr. Ussery reported this Application is for a Change of Use and permit to allow the storage of wood products within a regulated area. He noted the building was originally the site of a body shop for Balch Motors. Mr. Armster presently stores wood in various locations on the site, most of the wood storage is within the 150’ regulated area and channel encroachment line. Mr. Armster did dump sawdust to the back of the property; that material has been cleaned up and removed via a dumpster.
Mr. Armster reported his business reclaims wood from old buildings, such as large timbers from mills, tank wood from beer/pickle/water tanks, barn siding, and mushroom planking. The wood is recycled into trims, small items, and flooring to a customer base of high end and “green” builders and architects. None of the reclaimed wood is dirty or creosoted; the only waste product is the sawdust which they are now being recycled into “biobricks” which are used like wood pellets for heating. Mr. Armster gave a description of the business process and products.
Mr. Ussery indicated that much of the wood is currently stored on gravel or crushed bituminous surfaces; some wood is stored on the top of the hill in a flat area between the building and Route 5 while a good portion of the wood is stored in the channel encroachment line. Mr. Ussery suggested everything should be stored to the east of the channel encroachment line; he felt most of the back area is stable now, except for the area of the Balch application which will be taken back to the condition of several years ago.
Wetlands Agent Bednaz requested clarification that none of the products taken in contain contaminants; Mr. Armster agreed.
Commissioner Thibodeau questioned that most of the wood which is visible from Route
5 would be stored elsewhere? Mr. Armster indicated that some of the wood would remain along Route 5, although he plans to move it into more organized piles. He felt the PZC would require screening. Commissioner Warren suggested the PZC will be concerned with emergency access. Mr. Armster indicated the PZC has outlined specifics for storage, such as the storage area and size; Commissioner Warren requested that area be shown on the plans. Mr. Ussery indicated he is seeking direction from this Commission with regard to the referral of this Application to the PZC; various conditions were discussed, see approval motion for final conditions.
MOTION: To APPROVE the Application of 246 South Main Street - Continued 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. The following CONDITIONS apply:
1) Add notation to plans that no storage is to occur westerly of the channel encroachment line.
2) There is to be no storage of chemicals, or chemically treated products, outside the building.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FOUR MINUTE BREAK.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 9:55 p.m. and RECONVENED at 10:00 p.m.
NEW BUSINESS/A. 93 Winkler Road (Winchester Modular Housing) - Continued request for modification to existing Inland Wetland Permit #1357 for the additions of a small deck, stairs and fence. (65-day application period ends 2/9/08):
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Chris Devanney, of Winchester Modular Housing.
Mr. Devanney indicated he is asking to install a fence along the perimeter of the property; there is a lot of traffic on the road and installation of the fence would allay concerns of the buyer for children or pets safety. The fence, which would be installed with a two person hand auger, would be within 8’ of the wetlands. Mr. Devanney noted they are also asking to install a small landing off French doors off the kitchen area. Wetlands Agent Bednaz suggested the fence would be installed within an area which is currently disturbed; the fence wouldn’t be pressure treated wood, and the openings are wide enough to allow migration of species. She felt the installation of the fence would create a definitive border for the wetlands. Wetlands Agent Bednaz noted the Applicant is requesting
a Certificate of Occupancy but the plantings are not yet in; they are requiring an additional bond for the plantings and stabilization of the site.
MOTION: To APPROVE 93 Winkler Road (Winchester Modular Housing) - Application for modification to existing Inland Wetland Permit #1357 for the additions of a small deck, stairs and fence.
Osborn moved/Thibodeau seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED: None.
MISCELLANEOUS/A. Annual Report: See submission.
MISCELLANEOUS/B. Wetland Fee Schedule:
Vice Chairman Ceppetelli requested the Commission review the fee schedule as proposed and submit comments to Wetlands Agent Bednaz.
MISCELLANEOUS/C. Sewer Service Area Map:
Wetlands Agent Bednaz will send the proposed map to Commission members for review.
MISCELLANEOUS/D. Board Development - Informational Packets:
Wetlands Agent Bednaz provided informational packets for the Commissioner’s review.
VIOLATIONS(for action or show-cause hearing)/A. 68 Newberry Road (Steve Dearborn):
LET THE RECORD SHOW Commissioner Thibodeau stepped down from service.
Vice Chairman Ceppetelli noted Mr. Dearborn has been requested to submit an Application regarding the work already done on the property which initiated the Notices of Violation sent to Mr. Dearborn, d/b/a Newberry Road Enterprises; he further noted the Commission has not yet received an Application, although Mr. Dearborn has until January 29th, 2008 to do so. Vice Chairman Ceppetelli indicated that no further activity was to occur on the property until the Application has been submitted.
Mr. Dearborn questioned in what areas/activities was he in violation? He noted he had offered to the First Selectman that he would take in all Christmas trees to mulch, as that would save the town money, but he was shot down because he was presently in violation. Wetlands Agent Bednaz suggested she had previously offered for Mr. Dearborn to come in to go over the letters in detail but he hasn’t been able to visit the Planning Office; she
READ FOR THE RECORD Notice of Violation Letter dated November 15, 2007
regarding Non-Compliance with IWWA Permit No. 1391, and Notice of Violation Letter dated November 15, 2007 regarding Conducting Regulated Activity Without a Permit. The following issues/violations were noted:
(Notice of Violation Letter dated November 15, 2007 regarding Non-Compliance with IWWA Permit No. 1391):
* Wetlands Agent Bednaz noted the existing agr wood chip pile and the existing agr stump pile were to be depleted; at the time of the letter they were located to the east of the existing metal building and appeared to be larger than originally permitted. Mr. Dearborn felt he had until March 7, 2008 to move the chips moved; Vice Chairman Ceppetelli questioned if the chips had been moved at the time the Violation letter was written; Mr. Dearborn replied negatively, noting he was in the process of moving them. Wetlands Agent Bednaz noted the letter stated Mr. Dearborn was adding materials to that area and that was the violation.
* Wetlands Agent Bednaz noted the silt fence and jersey barriers required by the Commission were not in place during her inspection; they are erosion controls which should have been installed prior to any work being done. Vice Chairman Ceppetelli questioned if the jersey barriers are in now? Mr. Dearborn replied negatively.
* Wetlands Agent Bednaz indicated the stockpiles should be in the locations approved under the permit. Discussion followed as to where Mr. Dearborn wants to put the stockpiles. Vice Chairman Ceppetelli suggested Mr. Dearborn make that decision prior to January 29th when the Application must be submitted.
(Notice of Violation Letter dated November 15, 2007 regarding Conducting Regulated Activity Without a Permit):
* Wetlands Agent Bednaz indicated a new aggregate roadway has been constructed in the southwestern corner of the property; this roadway appears to be located within wetlands or within 150’ - the Upland Review Area. She further indicated the intermittent watercourse has been altered with piping; since the issuance of the Notice of Violation another 100+/- feet of pipe has been installed in the watercourse, and a pipe has been installed in the access road. Mr. Dearborn felt the installation of the pipe was “as of right” as the intermittent watercourse is not a flowing
watercourse. Vice Chairman Ceppetelli suggested the area under discussion is wetlands. Discussion continued regarding interpretation of “as of right” activities. Wetlands Agent Bednaz offered a DEP document which outlines what is permitted.
Mr. Dearborn is to return with plans and an Application for the items referenced in both Notice of Violation Letters.
LET THE RECORD SHOW Commissioner Thibodeau returned to service on the Board.
STATUS REPORTS/A. Planning & Zoning Review: See Agendas and actions taken.
STATUS REPORTS/B. Mansions at Canyon Ridge:
Wetlands Agent Bednaz reported she has walked this entire site, and found some migration of materials into wetlands downstream of the crossing. She is concerned with erosion of the stream channel. While the erosion may require a plan modification other issues found on the site were minor; work is progressing well.
STATUS REPORTS/C. Balch memo:
Mr. Balch has been requested to submit a revised plan and a bond estimate. Mr. Jay Ussery, speaking from the audience, reported Mr. Balch is aware of what is required but is not at the point of submitting same.
CONFERENCES/SEMINARS/TRAINING: None.
CORRESPONDENCE/A. State of Connecticut DEP, Notice of Violation letter - 244 South Main Street (rear):
See letter dated December 12, 2007 from Denise Ruzicka, Director, Inland Water Resources Division, Bureau of Water Management, DEP, issued to All American Products Corp/James A. Balch regarding 248 South Main Street.
CORRESPONDENCE/B. 205 South Main Street (Southern Auto Sales, Inc) - Letter from J. R. Russo & Associates regarding detention basin maintenance. (Potential violation to be determined):
Wetlands Agent Bednaz reported Commissioner Thibodeau had called to report Southern Auto Sales was excavating in a detention basin, on inspection she found they had a sump pump removing muddy water from the basin which was flowing downstream. She felt this work required a permit because it is work inside a created wetlands.
Appearing to discuss this issue was Attorney T. Mark Barbieri; Jay Ussery, of J. R. Russo & Associates; and Michael Gragnolati, Registered Professional Soil Scientist. Mr. Ussery indicated they are actually performing maintenance on the basin as is required under the PZC approval; similar work has been done on all other SAS properties. Mr.
Ussery suggested Commissioner Thibodeau thought a permit was needed; they returned to the site and came up with some quick remedies to stop the materials from going downstream further. Discussion followed regarding the difference of opinion as to the need for a permit; Wetlands Agent Bednaz felt a permit was needed; Mr. Ussery felt not as the area is not a wetlands. He noted that when the basins were installed in the 80s and 90s they were designed as dry bottomed basins rather than water quality basins. Mr. Ussery noted they have a Discharge Permit from the DEP and follow their requirements for maintenance. Wetlands Agent Bednaz suggested there are things that can be done to improve the water quality of the basins. She also wants to be sure the bottom of the basin is the same as
was approved and the storage capacity is the same as approved. Mr. Ussery indicated they are willing to work with the Commission on a resolution and can incorporate new products to improve the water quality. The Commission agreed to work with Wetlands Agent Bednaz under an Agent Decision.
APPROVAL OF MINUTES/December 5, 2007:
MOTION: To TABLE the Minutes of Regular Meeting dated December 5, 2007 until the Commission’s next regularly scheduled meeting on February 6, 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
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:50 p.m.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
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