TOWN OF EAST WINDSOR
CONSERVATION COMMISSION/INLAND
WETLANDS WATERCOURSE AGENCY
Regular Meeting – February 6, 2008
***** Draft Document - Subject to Commission Approval *****
CALL TO ORDER: Vice Chairman Ceppetelli 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 Michael Ceppetelli (Vice Chairman), Michael Koczera, John Malin, Richard Osborn, Michael Sawka, and Alternate Member Jan Warren.
Unable to Attend: Regular Members Linda Kehoe (Chairwoman), and Rene Thibodeau
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 were Wetlands Agent/Zoning Enforcement Officer Bednaz; Deputy First Selectman Gil Hayes (Inland/Wetlands Liaison); Town Engineer Len Norton; and Al Rosenberg of New England Bark Mulch to give a presentation on Filtrexx Filter Soxx (erosion controls).
AGENDA ADDITIONS:
MOTION: To ACCEPT the Agenda Addition at 205 South Main Street – Application of Southern Auto Sales, Inc. for maintenance of south detention basin.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
Wetlands Agent Bednaz indicated she would like the Commission to review the plans being submitted to offer suggestions/recommendations prior to her issuance of an Agent Decision
MOTION: To TAKE THE AGENDA ITEMS OUT OF ORDER to hear MISCELLANEOUS/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.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/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.
Mr. Rosenberg presented a slide show of this product, showing how it’s been used in various locations, primarily within Connecticut. Mr. Rosenberg’s first local application is the Mansions at Canyon Ridge, Route 140/North Road.
APPROVAL OF MINTUES – 12/5/07, 1/2/08:
MOTION: To TABLE approval of the Minutes of Regular Meeting dated December 5, 2007 until the Commission’s regularly scheduled meeting on March 5, 2008 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MOTION: To ACCEPT the Minutes of Regular Meeting dated January 2, 2008 as written.
Osborn moved/Warren seconded/
VOTE: In Favor: Ceppetelli/Osborn/Malin/Sawka/Warren
Opposed: No one
Abstained: Koczera
Wetlands Agent Bednaz acknowledged Deputy First Selectman Gil Hayes in the audience; he is the Commission’s liaison to the Board of Selectman.
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.
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.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
Vice Chairman Ceppetelli noted receipt of letter dated February 5, 2008 from James Ussery of J. R. Russo & Associates requesting a continuation of this Hearing to the Commission’s March 5th, 2008 Meeting.
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 March 5, 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. 68 Newberry Road – Application of Steve Dearborn for a Permitted-Use-As-Of-Right for a farm road to pond. Pond to be dug in August. Total parcel is 26 acres, served by private well and public sewer.
Vice Chairman Ceppetelli read the description of Item A, Application of Steve Dearborn for a Permitted-Use-As-Of-Right for a farm road to a pond; Mr. Dearborn will construct the pond in August, 2008.
Appearing to represent Mr. Dearborn was Rachel Dearborn, of Landmark Surveys; appearing in the audience was Mr. Dearborn.
Wetlands Agent Bednaz reported both this Application (Item A), and Item B, for a Permitted-Use-As-Of-Right for piping an intermittent drainage ditch to stop erosion and to make more crop land - have been submitted in response to two Notices of Violation. Two Notices were issued because two activities are involved; both are for farming on the property. The roadway, the subject of Application A, is already in; the pond (also part of Application A) has not yet been constructed. The drainage ditch, the subject of Application B, has already been piped.
Ms. Dearborn reported that Application A involves a 1/2 acre irrigation pond required for the farming operation. If the Town Map is used/considered the road is outside the wetlands; if the Map prepared by the soil scientist is used/considered then the road is inside the wetlands.
Wetlands Agent Bednaz indicated that under the first/previous application the wetlands
shown on the plans being submitted tonight in green were accepted. Because new wetlands were delineated in 2006 by George Logan, a Registered Soil Scientist, for the previous property owner, Mr. Noble, this roadway, falls within the wetlands. The road, if used for farming purposes, is a Permitted-By-Right activity, as long is it doesn’t require filling of wetlands. The road is already in place; the materials appear to be clean and not taken from the wetlands. Recycled concrete has been added to the top layer of the roadway as a hardening factor. Because the roadway has been built in the wetlands as delineated by George Logan, Soil Scientist, the activity requires a permit by this Commission. The pond, if less than 3 acres, is allowed/Permitted-By-Right. In
response to Wetlands Agent Bednaz’s question Ms. Dearborn indicated the farm pond is being constructed in the proposed location as it is the least destructive to the farmland; pumps will be installed in the bottom of the pond.
Wetlands Agent Bednaz reported Mr. Wilcox, an adjacent property owner, is concerned for flooding of his property due to the construction of this farm road.
Commissioner Warren questioned if the piping of the farm road changes the circumstances? Wetlands Agent Bednaz indicated that if the wetlands were filled for the farming activity then this is not a Permitted-Use-As-Of-Right. Ms. Dearborn suggested they installed the pipes to alleviate the water which was a concern to Mr. Wilcox.
Vice Chairman Ceppetelli summarized that the question before the Commission with regard to Application A is - is this a Permitted-Use-As-Of-Right, or does the Commission take jurisdiction and require the filing of a full blown application? He felt that Wetlands Agent Bednaz has clarified that any filling in the wetlands isn’t Permitted-As-Of-Right and requires the Commission’s review under an Application. Wetlands Agent Bednaz suggested that on advisement of DEP the pond is Permitted-As-Of-Right but the Commission could put conditions on the permit to allow enforcement action if necessary.
Discussion continued regarding Mr. Logan’s statements before the Commission regarding the previous Application, how much fill has been added to the wetlands, and the Commission’s various alternatives for dealing with this activity.
Ms. Dearborn requested that Application A be postponed until the Commission’s next Meeting to allow the Applicant time to have the wetlands re-evaluated. Wetlands Agent Bednaz indicated that if the wetlands can’t be flagged due to the Winter season then the situation stands. The Commission agreed to postpone a decision until the next meeting.
MOTION: To CONTINUE 68 Newberry Road – Application of Steve Dearborn for a Permitted-Use-As-Of-Right for a farm road to pond. Pond to be dug in August. Total parcel is 26 acres, served by private well and public sewer until the Commission’s next regularly scheduled meeting on March 5, 2008 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
CONTINUED APPLICATIONS OR BUSINESS/B. 68 Newberry Road – Application of Steve Dearborn for a Permitted-Use-As-Of-Right for pipe intermittent drainage ditch to stop erosion and make more crop land. Total parcel is 26 acres, served by private well and public sewer.
Vice Chairman Ceppetelli read the description of Item B, Application of Steve Dearborn for a Permitted-Use-As-Of-Right for piping an intermittent drainage ditch to stop erosion and make more crop land.
Appearing to represent Mr. Dearborn was Rachel Dearborn, of Landmark Surveys; appearing in the audience was Mr. Dearborn.
Ms. Dearborn reported they have already installed a 24” pipe in the drainage ditch, and prepared calculations for Town Engineer Norton. As a result of his review Town Engineer Norton has indicated he felt the first 24” pipe would just handle the flow from a 50 year storm; he has recommended that a second 24” pipe be installed to handle overflow. Ms. Dearborn indicated they have revised the plans accordingly.
Wetlands Agent Bednaz suggested that this channel doesn’t seem to have a continual flow; for that reason this would be a Permitted-As-Of-Right activity. However it doesn’t allow for filling of wetlands or watercourses; the Applicant intends to fill over the pipe. In 2006 the wetlands delineation includes that channel. If the Commission makes a non-jurisdictional ruling it can not put any conditions on this work.
Ms. Dearborn indicated she was under the impression this work was Permitted-As-Of-Right. Wetlands Agent Bednaz reported she had subsequent conversations with DEP late this afternoon; more information became available at that time. Ms. Dearborn requested this Application be continued to the Commission’s next Meeting as well.
MOTION: To CONTINUE . 68 Newberry Road – Application of Steve Dearborn for a Permitted-Use-As-Of-Right for pipe intermittent drainage ditch to stop erosion and make more crop land. Total parcel is 26 acres, served by private well and public sewer.
Koczera moved/Warren seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/A. 93 Rockville Road – Application of Emil Demikat for a 3-lot residential re-subdivision. Total parcel is 25.5 acres, served by public water and septic system.
Vice Chairman Ceppetelli read the description of this Item of Business, noting this is a new Application to be received at this Meeting.
Appearing to discuss this Application was Todd Clark, of Aeschliman Land Surveying. Mr. Clark indicated he is submitting revised plans at this Meeting. These lots have frontage on East Road rather than Rockville Road; however, access to the lots is being provided via Rockville Road. Town Engineer Norton has requested that the driveways be designed as if these were rear lots.
Mr. Clark indicated the parcel contains 25+/- acres and an existing house. The owner would like to cut out 3 acres around the existing house; the remainder would be land suitable for new lots. The lots have been tested, and approved, by the North Central Health District (NCHD) for on-site septic systems. The septic systems would be constructed outside the regulated area.
Mr. Clark reported the Applicant is undecided as to what he will give the Town to satisfy the requirement for an Open Space allocation. The land under consideration for an Open
Space offering is not presently in accordance with that required under Town regulations with regard to percentage of allocation. A second alternative is to give the Town a Conservation Easement on the rear of the property, which contains wetlands. Mr. Clark indicated the wetlands are shown in dark blue on the submitted plans, the non-regulated area is shown in white, and the upland review area is shown in a lighter blue. Vice Chairman Ceppetelli suggested these concerns were issues for the Planning and Zoning Commission’s (PZC’s) consideration; he questioned if the Applicant could make that decision by this Commission’s next Meeting? Mr. Clark suggested he had been advised to discuss this issue with this Commission; he will discuss these proposals further with the Town
Planner.
Wetlands Agent Bednaz suggested the following additional plan revisions: 1) the width of the construction pad needs to be shown on the plans; 2) extend the erosion controls to the lot line to contain erosion better; and 3) include the word “alternative” in the erosion control plan narrative so something other than silt fence or hay bales could be used. Vice Chairman Ceppetelli suggested including the seed mix on the plans as well. Wetlands Agent Bednaz also requested submission of the Natural Diversity Database to the Planning Office.
MOTION: To ACCEPT/RECEIVE 93 Rockville Road – Application of Emil Demikat for a 3-lot residential re-subdivision. Total parcel is 25.5 acres, served by public water and septic system.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Board Development - Training/Topics Schedule - Connecticut Land Use Law for Municipal Land Use Agencies, Boards and Commissions and DVD. (to be passed around to commission members).
MISCELLANEOUS/B. Wetland Fee Schedule:
Vice Chairman Ceppetelli queried the Commission members for comments/changes. Commissioner Warren suggested the changes made are outstanding; kudos for the work that went into this document. These fees cover many of the Commission’s more pressing issues.
Deputy First Selectman Hayes and the Commission discussed the process for approval of this fee schedule by the Board of Selectmen.
MOTION: To ACCEPT the Wetlands Fee Schedule as documented, and pass same on to the Town Attorney for review.
Sawka moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/C. Guidelines for closing hearing without taking action:
Wetlands Agent Bednaz recalled that at a previous Meeting she and the Commission had considered adding specific conditions to the more significant applications. Should additional conditions be required on the Wetlands Permit the future procedure should be to Close the Public Hearing (without making an approval motion or decision), discuss potential conditions and prepare same for the next meeting, action/decision would be
taken after review of the prepared conditions. If the Commission could not acquire a quorum and the deadline for Hearing action would expire a Special Meeting might be required in the interim. Commissioner Warren suggested adding “seasonal conditions” to the list of potential special conditions.
MOTION: To ADOPT the Standard Condition changes.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
AGENT DECISIONS/A. 205 South Main Street - Application of Southern Auto Sales, Inc. for maintenance of south detention basin:
Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates; and Attorney T. Mark Barbieri, representing the Applicant, Southern Auto Sales, Inc.
Mr. Ussery reported that at the previous meeting discussion occurred regarding the maintenance work they were doing on the south detention basin. They have since met with staff and are submitting plans which now include water quality treatments which were not required at the time of the original design and approval of this detention basin. They will replant cattails as a biofilter where the water leaves the basin, and are developing a small micro pool and downstream storm filter berm at the end of the basin. Any area disturbed during construction would be replanted with a wetlands field mix.
Discussion followed regarding the following items: 1) Wetlands Agent Bednaz questioned the need for replanting cattails. She felt they grow rampant; she would prefer to see a wetlands seed mix planted instead. Mr. Ussery felt the mono-culture of cattails is the best filter, but he agreed they do proliferate. He recalled a seed mix they used at the Tromley Road site, which included a variety of vegetation seeds and has worked well. Mr. Ussery agreed to discourage the use of cattails. 2) Wetlands Agent Bednaz suggested that dark, angular riprap creates hot spots due to the reflection from the sun; water going through this material will have a greater temperature leaving the detention basin. She questioned if they could get a lighter color or rounded
riprap to discharge a cooler temperature to the stream (Quarry Brook)? Mr. Ussery indicated he can choose a lighter color but the stone will still be angular. 3) Wetlands Agent Bednaz indicated the use of stone requires its eventual removal to clean the basin; why not use natural materials? Mr. Ussery indicated the stone aides the maintenance by keeping the vegetation down and makes it easier to clean the basins; soft bottoms fill up with vegetation and can’t be mowed. This basin is dry most of the time.
Commissioner Osborn felt the suggested revisions would be an improvement. Vice Chairman Ceppetelli summarized the Commission’s recommendations as follows: 1) alter the wetlands seed mix where the water is exiting the basin, and 2) change the stone rip rap to a lighter color.
VIOLATIONS (for action or show-cause hearing):
Wetlands Agent Bednaz reported the following comments are not a violation but she is investigating the following situation. At the Wilcox property, which abuts Mr. Dearborn’s property on Newberry Road, water is running down from the soil stockpiles. Mr. Dearborn says the water is murky when it gets to his road. Wetlands Agent Bednaz will review the situation and may suggest the need to control/contain the stockpiles on the Wilcox property. She will also be investigating the removal of a 6” caliper maple tree from the wetlands.
STATUS REPORTS/A. Planning & Zoning Review:
See actions taken on PZC Agenda attached to the Commission packet. Wetlands Agent Bednaz reported a Zone Change Application is on-going at the PZC Meetings; she doesn’t presently know where wetlands exist on the site.
STATUS REPORTS/B. Mansions at Canyon Ridge:
Wetlands Agent Bednaz reported there is an area of a drainage swale between two of the buildings presently constructed in which sediment is accumulating. The Applicant is monitoring the situation and is being pro-active regarding erosion controls on the site. He has installed some of the new material discussed earlier at this Meeting in some areas where the existing silt fence is failing, and continues to monitor the rest of the site.
Vice Chairman Ceppetelli indicated he has seen an area where a trench was constructed along North Road where sedimentation is going into a culvert near Revay’s Gardens; he would like Wetlands Agent Bednaz to look at the area. Wetlands Agent Bednaz suggested the trench work was done by the Connecticut Water Company rather than the Applicant and hay bales were installed; she has not seen evidence yet of sediment reaching the stream. She will review further.
STATUS/C. 75 Newberry Road - WPCA force main installation:
Wetlands Agent Bednaz noted silt fence had been installed near wetlands on this construction site but some has failed; she reviewed the areas of concern with Kevin Leslie of the Water Pollution Control Authority (WPCA). Mr. Leslie indicated they are working on a resolution of this situation.
CONFERENCES/SEMINARS/TRAINING/A. Kevin Leslie - Sewer Service Area Map discussion:
Joining the Commission this evening to discuss the present Sewer Service Area Map proposal was Kevin Leslie of the Water Pollution Control Authority (WPCA). He indicated his agency is nearing completion of the Sewer Service Area Map and is looking for comments from other agencies regarding the proposal. Mr. Leslie indicated the OPM (Office of Policy and Management) and the State developed a Conservation Plan for the State and for East Windsor as well; he is not aware of the criteria used in the plan developed by the OPM and the State. However, in order to get any State funding over $100,000 for any local projects East Windsor must be in compliance with the State’s plan. The WPCA, and other East Windsor staff, have held monthly meetings with the OPM, including Bill Hogan of the DEP; the
problem is that when looking at the OPM map green areas are areas where you can’t put in sewers unless you can show a need to solve an existing problem. If you had a small housing development with small lots and failing septic systems you could only design a sewer line to serve that area; no expansion would be allowed for future growth.
Commissioner Warren questioned if the Town had a planned community would it require another layer of applications? Mr. Leslie suggested the Town would have to go to the OPM to get the Sewer Service Area Map amended, and then get the sewers.
Mr. Leslie indicated the WPCA felt the OPM Map was too restrictive. They set that aside and then looked at the Town development map and the Plan of Conservation and Development. The parcel along the rail line is the area in conflict between the WPCA and the OPM Map. They also looked at the North Central Health District database for documented septic system failures, which include North Road and Wells Road.
Commissioner Warren questioned the next step in the process for East Windsor? Her concern is there is so much more sewer exclusion area than surrounding towns it affects East Windsor’s ability to compete regarding smart growth. Mr. Leslie reported the WPCA feels they have gone as far as they can go with the map proposal; they are looking for recommendations from the Town Use Boards. The Town would then have a Town Meeting, which would include the OPM, and they could hear the concerns of the people themselves. Mr. Leslie felt East Windsor could end up with an even more restricted map than this proposal.
Wetlands Agent Bednaz questioned if a new project could have an on-site sewer system? Mr. Leslie indicated we would have to petition the DEP for such a proposal; they are seeing more industrial applications including such systems.
Vice Chairman Ceppetelli noted there are many wetlands crossings associated with sewer installation; are those crossings taken into consideration with this map? Mr. Leslie suggested those crossings would depend on where those lines were laid, which is not a known issue at this time.
Vice Chairman Ceppetelli questioned who is assuming responsibility and cost of maintenance, liability, and replacement of pumping stations? Mr. Leslie agreed some pumping stations in town, which have an expected life-span of 25 years, are 40 years old. The WPCA presently has a request in for the Capital Improvement Plan for a study on that issue. In newer projects, such as Perri Lane and the Mansions on the Canyon, they have been able to acquire funds from the developers for the cost of construction of pumping stations, plus the cost of several years of maintenance, and in some cases funds towards capital replacement and replacement parts.
Commissioner Warren indicated that the Natural Resources Preservation Commission is considering Planned Residential Developments vs. suburban sprawl. She questioned if that Commission should generate its own letter regarding its concerns, or would the NRPC, as a sub-committee of the Inland/Wetlands Commission, be included in comments made by this Commission? Vice Chairman Ceppetelli felt these were issues to be addressed by the PZC. Commissioner Warren suggested that with regard to residential growth, this Sewer Service Map for East Windsor doesn’t allow for anything creative for cluster subdivisions which allow more open space and habitat preservation; this map excludes any of that planned growth. It would require the addition of a burdensome level of applications that a small
residential developer couldn’t handle. There is also so much less growth; the OPM Plan lessens the ability to maintain preservation. Mr. Leslie indicated he would refer to the Commission’s Meeting Minutes for this evening for comments/recommendations relative to the current Sewer Service Area Map proposal.
Commissioner Warren requested the Natural Resource Preservation Commission be added to this Commission’s Status Report item under future agendas.
Wetlands Agent Bednaz noted review of communication on a Planning website many other towns have similar issues regarding potential sewer service.
CORRESPONDENCE:
Vice Chairman Ceppetelli noted receipt of a letter from Commissioner Kehoe indicating her resignation from the Commission immediately. Discussion followed regarding membership appointment; Commissioner Warren noted she has requested moving up to a Regular Member.
Commissioner Warren requested the inclusion of a Land Use person on any future Charter Revision Commission.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:00 p.m.
Sawka moved/Koczera seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
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