TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
April 2, 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), Richard Osborn, Michael Koczera, John Malin, and Jan Warren.
Unable to Attend: Regular Member Michael Sawka
Vice Chairman Ceppetelli noted the establishment of a quorum with five Regular Members; he noted all Regular Members will sit in on votes this evening. Also in attendance was Wetlands Agent/Zoning Enforcement Officer Bednaz.
ADDED AGENDA ITEMS:
MOTION: TO ADD TO THE AGENDA under NEW APPLICATIONS TO BE RECEIVED, Item A, East Road - Application of Richard P. Pippin, Jr., and Kathleen B. Pippin to conduct regulated activities associated with a lot split to create two residential building lots. Total parcel is 13.67+/- acres, located on the east side of East Road, approximately 2000 feet north of Depot Street, served by private well and septic.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES/March 5, 2008:
MOTION: To APPROVE the Minutes of Regular Meeting dated March 5, 2008 with the following AMENDMENTS:
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:
Page 3: “Motion to DENY WITHOUT PREJUDICE..... VOTE:
In Favor: Osborn/Warren/Sawka/Ceppetelli, Opposed: Ceppetelli, Abstained: No One
CONTINUED APPLICATIONS OR BUSINESS/A. 68 Newberry Road - Continued 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:
Page 3: Correction of font case in Application description, “..... Pond to be dug in August. t Total............”
CONTINUED APPLICATIONS OR BUSINESS/B. 68 Newberry Road - Continued 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:
Page 3: Correction of wording of Application description, “.....for a Permitted-Use-As-Of-Right for to pipe...........”
Page 5: Paragraph 2, line 3, “...........are permitted As-Of-Right. Wetlands Agent Bednaz that belief is also supported by the Commission’s Regulation; concurs that the DEP and the Town
Attorney’s belief is supported by the Town’s Regulations.
Page 5: Paragraph 3, wherever “Army Crop” of Engineers appears the entity name is corrected to “Army Corp of Engineers”.
Page 5: Paragraph 5, line 6, “......plant farm.”
Page 6: Paragraph 3, line 1, “Attorney Needleman suggested he felt the debate involved revolved.......”
Page 6: Paragraph 3, line 8, “.....but is an area not shown as.......”
Page 6: Paragraph 3, line 9, “......the following are allowed, or permitted”
Page 9: Paragraph 1, line 2, “.......prudent to do so, the neither.......”
Page 10:Paragraph 3, line 8, “.......Wilcox indicated he intends to develop his property to it’s full extend extent;” Page 11: Paragraph 2, Addition of the
following prior to the beginning of Paragraph 2, “DISCUSSION ON COMMISSIONER SAWKA’S ABSTENTION:”
Page 12: Paragraph 2, line 2, “.....for the road POND portion of that development.”
CONTINUED APPLICATIONS OR BUSINESS/B. 93 Rockville Road - Continued application of Emil Demikat for a 3-lot residential re-subdivision. Total parcel is 25.5 acres, served by public water and septic system:
Page 12: Paragraph 3, line 4, “........which will make this these new lots....”
Page 12: Paragraph 3, line 9, “....One of the new locations would be 109’ from.....”
Page 12: Paragraph 3, line 11 and 12, “buildable area outside the flood line wetland boundary.........”
Page 13: Paragraph 2, line 3, “.....because it would be up to ...”
Osborn moved/Warren seconded/
VOTE: In Favor: Ceppetelli/Malin/Osborn/Warren
Opposed: No one
Abstained: Koczera
PUBLIC HEARINGS (on Inland Wetland applications): None.
CONTINUED APPLICATIONS OR BUSINESS/A. 68 Newberry Road (Steve Dearborn) - Continued application of Steve Dearborn for agricultural use, piping an intermittent water course within wetlands, through two 24” pipes and a farm road to an irrigation pond. Total parcel is 26 acres, served by private well and public sewer. (65-day application period ends 5/9/08):
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Attorney Mark Needleman, representing the Applicant, Steve Dearborn, and Rachel Dearborn, of Landmark Surveyors. The Applicant, Steve Dearborn, was present in the audience.
Attorney Needleman recalled for the Commission that they had appeared last month seeking a permit for a farm pond, which was granted. At that time they filed an application for this issue before the Commission this evening (see description of Item of Business). There was discussion at the previous meeting regarding the farm road; he indicated it was, and still is, their position that the construction of the farm road is a matter As-Of-Right. The Commission voted to the contrary; to avoid litigation they have returned with this application and its associated plans. Attorney Needleman indicated they submitted materials to Town Staff, which Wetland Agent Bednaz has reviewed. It is his understanding that she feels this plan and documentation with notes meets the Commission’s regulations and State
law.
The applicant is proposing to pipe from Newberry Road across the corner of his property to access a farm pond. Mr. Wilcox, an abutting property owner, is concerned that installation of the farm road will dam up the wetlands which will then back up onto his property. Attorney Needleman indicated they have altered the pond by an additional 3,000 feet, to an area which now contains approximately 26,000 feet. The additional area has been added to the pond to compensate for the removal of wetlands related to the construction of the road.
Ms. Dearborn indicated Town Engineer Norton has accepted the calculations for the size
of the pipe. The single pipe which was previously installed will be removed and replaced with two 24” flared end pipes which will end at a plunge pool. Town Engineer Norton also asked that they look at the possibility of flooding. To address that concern they are removing the lower portion of the pond road; as requested by Town Engineer Norton Town staff will be present during removal of the fill. Attorney Needleman indicated that all material removed from the road will be redeposited in areas of the parcel not closer than 50’ to the wetlands. Ms. Dearborn concurred, noting the millings
from the road will go into low spots in the parking lot. She also indicated As-built Plans will be submitted as requested by Town Engineer Norton.
Ms. Dearborn indicated the total wetlands disturbance in the area of the pipe is 6300 feet, and 3,825 feet in the area of the road. They are providing 9,600 feet of wetlands mitigation, which is more than a 1:1 restoration.
Wetland Agent Bednaz referenced several notations to be incorporated on the plans. All activities are to be completed by December, 2008.
Discussion continued regarding the exit location of the double pipes. Vice Chairman Ceppetelli questioned if the channel, as delineated by soil scientist George Logan, will take overflow during heavy rain events? Wetlands Agent Bednaz noted review of the calculations and plans by Town Engineer Norton; she felt his comments regarding flow had been addressed. Vice Chairman Ceppetelli cited concern for run off onto adjacent properties. Wetlands Agent Bednaz suggested adding the following additional condition to the approval motion: if, at any time, field conditions warrant that this channel couldn’t withhold the flow or water coming from the pond the channel will have to be revised. Wetlands Agent Bednaz suggested Mr. Dearborn had been cooperative, both with the previous
application and this application; she felt Mr. Dearborn would be willing to work with her. Vice Chairman Ceppetelli indicated if Wetlands Agent Bednaz was comfortable with the proposal then he is satisfied.
Wetlands Agent Bednaz also suggested the inclusion of an additional condition: if fill material for the roadway is deemed to not be acceptable it will be removed. Attorney Needleman felt the Commission can only tell the applicant what he can’t do - he can’t put the material in the wetlands. If they can sell the material to someone else, or use it on the driveway he felt that would be appropriate.
Mr. Wilcox, an abutting property owner, requested to speak. Vice Chairman Ceppetelli noted this application was not a Public Hearing, but he felt he could allow Mr. Wilcox to speak. Attorney Needleman objected; Vice Chairman Ceppetelli suggested Mr. Wilcox bring his questions to the attention of Staff.
MOTION: To CLOSE DISCUSSION on the Application of 68 Newberry Road (Steve Dearborn) - Continued application of Steve Dearborn for agricultural use, piping an intermittent water course within wetlands, through two 24” pipes and a farm road to an irrigation pond. Total parcel is 26 acres, served by private well and public sewer.
Koczera moved/Warren seconded/VOTE: In Favor: Unanimous
MOTION: To APPROVE the Application of 68 Newberry Road (Steve Dearborn) - Continued application of Steve Dearborn for agricultural use, piping an intermittent water course within wetlands, through two 24” pipes and a farm road to an irrigation pond. Total parcel is 26 acres, served by private well and public sewer, with the following additional conditions:
1) If, at any time, field conditions warrant that this channel couldn’t withhold the flow or water coming from the pond the channel will have to be revised.
2) If fill material for roadway is deemed to not be acceptable it will have to be removed.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Osborn moved/Warren seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:35 p.m., and RECONVENED at 8:45 p.m.
MOTION: To GO BACK INTO THE MEETING.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: None.
NEW APPLICATIONS TO BE RECEIVED/A. 1-3 Revay Road - Application of Al’s Beverage Company to conduct regulated activities associated with the removal of dead vines choking hazardous trees within upland review area. Replace vegetative buffer within 100 feet of residential property line. Total parcel is 5.47 acres, served by public water and sewer:
Wetlands Agent Bednaz reported the Planning Office received an anonymous complaint that clearing was occurring in the uplands review area. The applicant has come in to file an application.
MOTION: To ACCEPT THE RECEIPT OF 1-3 Revay Road - Application of Al’s Beverage Company to conduct regulated activities associated with the removal of dead vines choking hazardous trees within upland review area. Replace vegetative buffer within 100 feet of residential property line. Total parcel is 5.47 acres, served by public water and sewer.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/B. 33 Abbe Road (Windsor Show Stables) - Application of John Burnham to conduct regulated activities associated with the construction of a 36’ x 70’ storage shed to store farm related equipment. Total parcel is 23.82 acres, served by private well and septic system.
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss the receipt of this application was John Burnham, of 178 Scantic Road, the contractor for this project; and Jay Ussery, of J. R. Russo and Associates, engineer for the project.
Mr. Burnham reported a hoop house previously located on this parcel collapsed last Winter. The proposal is to build a 70’ x 36’ barn to replace the hoop house at 33 Abbe Road, the location of the Windsor Show Stables. They will be removing some paved area and replacing that with a 6” concrete slab. There is a wetlands line to the east. The new barn will be moved off the property line to satisfy Planning and Zoning Regulations. Mr. Burnham reported no one will be living in the barn.
Mr. Ussery indicated this is part of the hayfield farm expansion which was approved several years ago. The area is currently used for pasture and a paddock area. The hoop house was used for storage of farm equipment/tractors. He indicated this activity may be permitted As-Of-Right but they have chosen to submit this application instead.
Wetlands Agent Bednaz indicated the area is fairly flat; they will need to install hay bales for protection while the area is disturbed to install footings for the building.
MOTION: To ACCEPT THE RECEIPT of 33 Abbe Road (Windsor Show Stables) - Application of John Burnham to conduct regulated activities associated with the construction of a 36’ x 70’ storage shed to store farm related equipment. Total parcel is 23.82 acres, served by private well and septic system.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Board Development - Training/Topics Schedule:
Nothing presented this evening.
MISCELLANEOUS/B. Discussion Item - 54 Prospect Hill Road:
Appearing for this discussion was Rob Oris and Eric Spungin, partners in South Prospect Hill Road, LLC; accompanying them were Mike Nevins and Kevin Solli, and Jay Fisher of Konover
Mr. Oris advised the Commission he and Mr. Spungin originally developed the Wendy’s/Taco Bell/Rockville Bank property under a Highway Interchange Floating Zone (HIFZ) developed through the Planning and Zoning Commission. They are present this evening to discuss 54 Prospect Hill Road, which is across the street from LaRenaissance. This parcel, which contains 14.4 total acres, also contains approximately 2 acres of wetlands which splits the property. Also included in the property being discussed is the Eddy’s Ice Cream property to the south. The wetlands was delineated December, 2007; they have applied to the Army Corp of Engineers in January, 2008 for a negative jurisdiction, which would return jurisdiction for this wetlands to the local agency, which is this Commission. Their
contention is there is a significant nexus between this wetlands and the Connecticut River, which is 4,500+/- feet from this site. The wetlands drains to a man-made ditch which runs along the Edy’s/Eddie's Ice Cream property. The wetlands on the site is forested wetlands; no vernal pools were visible.
Mr. Oris indicated the proposal would be for a big box retail user. They would be eliminating the wetlands on the site, and are appearing before the Commission to discuss mitigation of other properties elsewhere in town. Various options for mitigation were discussed. Vice Chairman Ceppetelli cited the current workload of Wetlands Agent Bednaz; he questioned if the partners would consider hiring a soil scientist of the town’s choosing to evaluate the on-site wetlands? Mr. Oris and Mr. Spungin indicated they would agree to that suggestion; they noted J. R. Russo and Associates, and soil scientist Mike Granulati have been out to the property. Wetlands Agent Bednaz indicated she had visited the site, and offered her opinion of the wetlands.
MISCELLANEOUS/C. Update Member Contact Information:
Information collected during meeting.
MISCELLANEOUS/D. Election of Officers due to vacancies:
MOTION: To TABLE the election of officers until the Commission’s next regularly scheduled meeting on Wednesday, May 7, 2008 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Warren moved/Koczera seconded/VOTE: In Favor: Unanimous
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing):
* Wetlands Agent Bednaz reported the owner of the Maine Fish Market had been filling behind his parking area, which is a steep ravine. He has come in to file an application this week.
* Wetlands Agent Bednaz also received an anonymous report of clear cutting behind the Dunkin Donuts site on Route 5 across from Abbe Road. She will be visiting the site for an inspection.
STATUS REPORTS/A. Planning & Zoning Review:
See agenda submitted with Commissioner’s packet.
STATUS REPORTS/B. Natural Resources Preservation Commission:
Commissioner Warren reported this sub-committee has acquired two new members. The Commission has requested another extension on the Agricultural Viability Grant to be sure all farmers have been contacted regarding input for farming regulations.
STATUS REPORTS/C. Wetlands Fee Schedule Update:
Wetlands Agent Bednaz reported the Wetlands Fee Schedule has been adopted by the Board of Selectmen and will be in effective by May 1st. This fee schedule did not need to go to Town Meeting for approval.
Vice Chairman Ceppetelli suggested the next focus is the development of a Fines and Citation Ordinance.
STATUS REPORTS/D. 246 South Main Street - Jim Balch permit update:
Wetlands Agent Bednaz indicated she had spoken with Pete Spandenberg of the DEP; they have not yet received anything from Mr. Balch. They plan to follow-up with a letter indicating a submission must be made within a specified timeframe; lack of compliance will cause a referral to the Attorney General’s Office.
CONFERENCES/SEMINARS/TRAINING: No report.
CORRESPONDENCE/A. Letter from J. R. Russo & Associates withdrawing the application of (Herb Holden Trucking Inc.) Wapping Road:
Vice Chairman Ceppetelli acknowledged receipt of letter from J. R. Russo & Associates withdrawing the Application of Herb Holden. The Commission denied the application without prejudice at the previous meeting.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:35 p.m.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
Respectfully submitted: ________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
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