TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
May 7, 2008
***** Draft Document - Subject to Commission Review *****
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, and Michael Sawka.
Unable to Attend: Regular Member John Malin
Vice Chairman Ceppetelli noted the establishment of a quorum with four Regular Members present; 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, Bridge Street - Application of NRT Realty, LLC to conduct regulated activities associated with a 140,000 s.f. retail facility with 33,000 s.f. garden center and associated parking and infrastructure. Total parcel is 32.8+/- acres, located on the south side of Bridge Street approximately 150+/- feet from Gardner Street, served by public water and public sewer; AND, under NEW APPLICATIONS TO BE RECEIVED, Item B, Reservoir Avenue -
Application of the Town of East Windsor to conduct regulated activities associated with proposed Dog and Skate Parks and associated parking lots. Total parcel is 152.1 acres, located on the south side of Reservoir Avenue across from East Windsor Park; AND, under MISCELLANEOUS, Item A, Discussion Items: * NCHD approval versus acceptance of wetland application, and * Schedule A Fees: For Disturbance in Upland Review Area; AND, under AGENT DECISIONS, Item A, 89 Rockville Road - 30’ x 34’ Garage within Upland Review Area.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES/April 2, 2008:
MOTION: To TABLE the Minutes of Regular Meeting dated April 2, 2008 until the next regularly scheduled meeting.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
PUBLIC HEARINGS (on Inland Wetlands applications): None
CONTINUED APPLICATIONS OR BUSINESS/A. 1-3 Revay Road - Continued 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. (65-day application period ends 6/6/08):
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Marjorie Feldman, owner of Al’s Beverages; Ms. Feldman noted her personal address as well.
Ms. Feldman advised the Commission the Application is for the removal of dead and dying trees that have already been removed, and to establish a buffer along the property line. Wetlands Agent Bednaz reported she had received a phone call from someone at the condominium complex next door to advise the Planning Office that clear cutting was occurring on the property and might be occurring in the wetlands. Wetlands Agent Bednaz indicated the work that was done is far away from the wetlands; Ms. Feldman was clearing out trees which were in danger of damaging trucks parked nearby. There is no danger of erosion. Ms. Feldman’s appearance is in response to a violation, as she was unaware a permit was needed for the work.
Wetlands Agent Bednaz noted a 100’ buffer is required between a business zone and the residential zone containing the condominiums; Ms. Feldman is proposing to add plantings in the crosshatched area noted on the plan. None of the work has, or will, occur in the wetlands, which are a poor quality containing many invasive species. Ms. Feldman would like to maintain/clear the area as necessary. Wetlands Agent Bednaz felt the proposal would not be detrimental to the clearing of the wetlands. Everything Ms. Feldman intends to do is included on the plans submitted this evening; she will advise the Wetlands Agent as work is being done. The plans will be attached to the permit. Wetlands Agent Bednaz is satisfied with the plans as submitted.
MOTION: To APPROVE the Application for 1-3 Revay Road - Continued 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
CONTINUED APPLICATIONS OR BUSINESS/B. 33 Abbe Road (Windsor Show Stables) - Continued 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. (65-day application period ends 6/6/08):
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss the application was John Burnham, of 178 Scantic Road, representing Windsor Show Stables.
Mr. Burnham advised the Commission they are proposing to replace a hoop house which collapsed last Winter with a permanent barn. The area under discussion is currently paved, and is 130’ from a wetlands. Wetlands Agent Bednaz noted the wetlands had been delineated by a soil scientist when the stables were built.
Vice Chairman Ceppetelli suggested this application could have been considered as an As-Of-Right activity as it involves a farming operation. He queried the Commission for comments, and a decision.
MOTION: To APPROVE the Application of 33 Abbe Road (Windsor Show Stables) - Continued 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
CONTINUED APPLICATIONS OR BUSINESS/C. East Road - Continued 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 system. (65-day application period ends 6/6/08):
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this application was Jay Ussery, of J. R. Russo & Associates, representing the Applicants, Richard P. and Kathleen B. Pippin.
Mr. Ussery advised the Commission his presentation regarding this application was rather lengthy, he offered the Commission the opportunity to take the New Applications for Bridge Street and Reservoir Avenue, which had been added to the Agenda earlier, before the Pippin Application.
MOTION: To GO OUT OF ORDER ON THE AGENDA and take the ADDED AGENDA ITEM FOR NEW APPLICATIONS TO BE RECEIVED/A. Bridge Street - Application of NRT Realty, LLC to conduct regulated activities associated with a 140,000 s.f. retail facility with 33,000 s.f. garden center and associated parking and infrastructure. Total parcel is 32.8+/- acres, located on the south side f Bridge Street approximately 150+/- feet from Gardner Street, served by public water and public sewer.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/A. Bridge Street - Application of NRT Realty, LLC to conduct regulated activities associated with a 140,000 s.f. retail facility with 33,000 s.f. garden center and associated parking and infrastructure. Total parcel is 32.8+/- acres, located on the south side of Bridge Street approximately 150+/- feet from Gardner Street, served by public water and public sewer.
Vice Chairman Ceppetelli read the description of this New Application. Appearing to discuss the Application was Attorney T. Mark Barbieri.
MOTION: To ACCEPT THE RECEIPT OF Bridge Street - Application of NRT Realty, LLC to conduct regulated activities associated with a 140,000 s.f. retail facility with 33,000 s.f. garden center and associated parking and infrastructure. Total parcel is 32.8+/- acres, located on the south side of Bridge Street approximately 150+/- feet from Gardner Street, served by public water and public sewer.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
Attorney Barbieri requested that a Public Hearing be held on this Application, which would require that the presentation be made at a subsequent meeting. The Commission concurred.
MOTION: To HOLD A PUBLIC HEARING at the next regularly scheduled meeting on June 4, 2008 for Bridge Street - Application of NRT Realty, LLC to conduct regulated activities associated with a 140,000 s.f. retail facility with 33,000 s.f. garden center and associated parking and infrastructure. Total parcel is 32.8+/- acres, located on the south side of Bridge Street approximately 150+/- feet from Gardner Street, served by public water and public sewer.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/B. Reservoir Avenue - Application of the Town of East Windsor to conduct regulated activities associated with proposed Dog and Skate Parks and associated parking lots. Total parcel is 152.1 acres, located on the south side of Reservoir Avenue across from East Windsor Park:
MOTION: To ACCEPT THE RECEIPT of Reservoir Avenue - Application of the Town of East Windsor to conduct regulated activities associated with proposed Dog and Skate Parks and associated parking lots. Total parcel is 152.1 acres, located on the south side of Reservoir Avenue across from East Windsor Park.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
Wetlands Agent Bednaz noted the location of the proposed parks will be in the front field away from the Chestnut Brook, 100 feet away from the wetlands. There will be no tree clearing; there appears to be minimal wetlands impact.
MOTION: To RETURN TO THE AGENDA ORDER AS PRINTED AND TAKE ITEM C UNDER CONTINUED APPLICATIONS OR BUSINESS: East Road - Continued 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 system.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/C. East Road - Continued 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 system. (65-day application period ends 6/6/08):
Appearing to discuss this application was Richard and Kathleen Pippin, the Applicants, and Jay Ussery, of J. R. Russo & Associates.
Mr. Ussery reported Wetlands Agent Bednaz met with the Applicants to discuss various concerns. The plans being submitted tonight have addressed some of those issues; Mr. Ussery suggested the Commission may want to continue this application until the next
meeting to give Wetlands Agent Bednaz time to review the plans. The Applicants are also waiting for approval from the North Central Health District (NCHD).
Mr. Ussery gave a description of the property as being located on the east side of East Road, south of the Hemlock Subdivision. The parcel goes back some distance from the road and contains 13+/- acres, the majority of which is wetlands. There is an uplands review area near the road. The wetlands line is depicted on the revised plans as a blue line which runs towards the back of the proposed lots and wraps around the upland review area. The soils are fine, sandy loam, with sands and gravel below. They are showing two lots, Lot A containing 1.3+/- acres and Lot B containing 1.8 acres; the lot line splits the parcel into the two lots. Mr. Ussery has revised the plans to show a common driveway, as recommended by Wetlands Agent Bednaz as she has concerns regarding the distance from
the wetlands. Mr. Ussery indicated Wetlands Agent Bednaz feels an area of standing water near the road appears to be a vernal pool; Mr. Ussery suggested that area is actually an area of accumulated leaves, etc. which is the result of a high water table (see letter from Michael Gragnolati below addressing this issue). Mr. Ussery referenced the distance for the areas of concern for Wetlands Agent Bednaz - on the plan submitted with the Application the distance is 42’ from the wetlands to the driveway, 80’ to the water, and 106’ to the brown line shown on the plans as reflecting the area of the possible vernal pool. The distances on the revised plan is 58’ to the wetlands, 95’ to the standing water, and 118’ to the brown line; the revised plan creates a greater buffer for the wetlands.
Vice Chairman Ceppetelli noted the Planning and Zoning Commission objects to shared driveways, for several reasons. Mr. Ussery concurred, but indicated this application will not be reviewed by the PZC as the lots/parcel pre-dates the Zoning Regulations.
Mr. Ussery addressed the following concerns raised by Wetlands Agent Bednaz under staff memo dated May 1, 2008:
* With regard to the question of the vernal pool, Mr. Ussery cited letter dated 11/20/2007 authored by Michael Gragnolati, Registered Professional Soil Scientist, which suggests the area is a poorly drained area subject to a water table at or near the surface most of the year. Wetlands Agent Bednaz indicated she has concerns that area could become a vernal pool next year, as she has seen other areas change from year to year. Mr. Ussery concurred that could be a possibility.
* Mr. Ussery further noted Mr. Gragnolati has addressed the soil types present on the parcel; there are no terrace escarpment slopes. Vice Chairman Ceppetelli noted the slopes were significant on the parcel; Mr. Ussery indicated Mr. Gragnolati had said the slopes were not highly erodible.
* Wetlands Agent Bednaz wants trash and debris scattered around the lot to be removed. Mr. Ussery suggested the parcel is used by people as an informal
dumping ground; the Applicants have agreed to a condition regarding the removal of trash and debris.
* Vice Chairman Ceppetelli questioned what would be done with yard waste, which is routinely dumped down a slope? Mr. Ussery felt dumping of trees and leaves wouldn’t affect the slope, as both those materials occur there now. He agreed yard clippings might be detrimental as they might include fertilizers; Mr. Ussery suggested prohibition of dumping of yard clippings over the slope could be a condition.
* Discussion turned to the implementation of a Conservation Easement, which would include a selective clearing line 25+/- feet from the back of the house - work for clearing to be implemented at the time of the issuance of the Building Permit. Mr. Pippin indicated he didn’t want the lots destroyed; they may be sold or may be transferred to children and/or grandchildren. The Commission requested review of plan revisions reflecting a Conservation Easement around the back of the proposed building lots.
* Wetlands Agent Bednaz cited concern for the erodibility of the slopes relative to the proposed grades for the driveways. While the grades appeared to be 2:1 on the application plans on a 20:1 scale map Mr. Ussery suggested the grades are actually 3:1 to 4:1. Although the potential for erosion may increase while working the site Mr. Ussery felt the slopes would not be erodible.
* Regarding the amount of liveability space Mr. Ussery suggested there will be plenty of land area in the back lawn for a deck off the back of the proposed dwelling location, and possibly an inground pool with retaining wall although an above-ground pool would not work as well because water would run down the slope if the pool walls failed. Vice Chairman Ceppetelli questioned if the Applicants would be agreeable to a condition prohibiting construction of pools? Mr. Pippin agreed, if the Commission felt that condition would be necessary. Mr. Ussery
suggested he will prepare a plot plan for the next meeting showing possible pool locations and size.
* Wetlands Agent Bednaz had requested a 100’ buffer from the area questioned to be a vernal pool. Mr. Ussery reported they have accomplished that by moving the driveway to the shared driveway location. While that buffer area will need to be cleared to construct the driveway the buffer can be re-established.
Vice Chairman Ceppetelli and Commissioner Koczera requested Mr. Ussery return with a plan proposing two driveways. Discussion followed regarding sightline issues, various driveway configuration possibilities, and possible feasible alternatives - including the reduction of the proposal to one lot. Wetlands Agent Bednaz reiterated her concerns regarding two driveways; the Commission requested reviewing alternative plan options
Commissioner Osborn questioned the distance from the neighbors wells? Mr. Ussery indicated the proposed lots are served by public water.
Mr. Ussery submitted a copy of the revised plans for the Planning Office. Mr. Pippin gave Commission members permission to visit the site; Mr. Ussery offered to escort members on a tour of the property.
MOTION: To CONTINUE the Application of East Road - Continued 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 system.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:44 p.m. and RECONVENED at 8:48 p.m.
MOTION: To GO OUT OF ORDER ON THE AGENDA and take the AGENT DECISIONS, INCLUDING THE ADDED AGENDA ITEM, 89 Rockville Road - 30’ x 34’ Garage within Upland Review Area.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
AGENT DECISIONS/A. 4 B rookwood Court - 12’ x 16’ shed within Upland Review Area:
Wetlands Agent Bednaz indicated the homeowner is proposing the construction of a 12’ x 16’ shed at the bottom of the hill on their parcel; they are presently installing a lawn. Wetlands Agent Bednaz felt there is no impact to the wetlands as the shed will be set back from same; there is no clearing occurring with the construction of the shed.
AGENT DECISIONS/B. 4 Main Street (Broad Brook) - Above Ground Pool within Upland Review Area:
Wetlands Agent Bednaz reported this parcel is located on the corner of Main Street and Route 140/North Road in Broad Brook. A site visit regarding the installation of a above-ground pool found debris from an old, collapsed chicken house was found on the bottom
of the hill on the Route 140 side of this parcel. Wetlands Agent Bednaz has agreed to waive the fee for this permit upon agreement of the homeowner to remove the debris from the area indicated. If same is not done in the specified timeframe the fee will be reinstated. Water from the above-ground pool will be discharged away from the wetlands.
AGENT DECISIONS/C. 28 Abbe Road (East Windsor Scout Hall Building Committee, Inc.) - Pavilion on existing concrete pad, Lean-to (qty 2), Tent Platforms (qty 5), within Upland Review Area:
Wetlands Agent Bednaz reported the Applicant is proposing to construct a pavilion on an existing concrete pad, construct two lean-to structures, and five tent platforms within the Upland Review Area. All structures have been sketched on the plans being submitted; the permit now includes the concrete slab which had not previously been permitted.
Vice Chairman Ceppetelli questioned the amount of impervious coverage for the slabs or foundations? Mr. Burnham, who was present in the audience to represent Scout Hall, indicated perhaps 150 square feet for the concrete pad, none for the lean-tos; the tent platforms are portable.
AGENT DECISIONS/ADDED AGENDA ITEM A. 89 Rockville Road - 30’ x 34’ Garage within Upland Review Area:
Wetlands Agent Bednaz reported she is still reviewing this application.
MOTION: To RETURN TO THE AGENDA ORDER AS PRINTED AND TAKE ITEM MISCELLANEOUS/A. Board Development - Training/Topics Schedule.
Koczera moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Board Development - Training/Topics Schedule: None.
MISCELLANEOUS/D. Election of Officers due to vacancies:
MOTION: To NOMINATE Michael Ceppetelli as Chairman.
Osborn moved/Sawka seconded/
VOTE: In Favor: Koczera/Osborn/Sawka
Opposed: No one
Abstained: Ceppetelli
MOTION: To NOMINATE Richard Osborn as Vice Chairman.
Sawka moved/Koczera seconded/
VOTE: In Favor: Ceppetelli/Koczera/Sawka
Opposed: No one
Abstained: Osborn
MOTION: To NOMINATE Michael Koczera as Secretary
Sawka moved/Commissioner Koczera withdrew his name from the nomination.
MOTION: To NOMINATE John Malin as Secretary
Sawka moved/Koczera seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/C. Kogut property stream crossing:
Wetlands Agent Bednaz advised the Commission she has been working with the Reichle family who are farming the Kogut property which borders Reservoir Avenue, Windsorville Road, and Chamberlain Road. The parcel contains Chestnut Brook, which feeds the Reservoir/East Windsor Park. She has met with Fritz and Glen Reichle to discuss best management practices regarding their farming operation, requesting that they limit clearing next to Chestnut Brook, implement erosion controls, and determine the types of fertilizers being applied to the land.
The Planning Office received a phone call from someone walking their dog on the property to question if the Town was aware there were bulldozers in the stream/Chestnut Brook? On inspection Wetlands Agent Bednaz found a makeshift wetlands crossing created by installing two 24” PVC pipes in the brook. The crossing has not been approved; the Reichles are in violation of Town regulations, State regulations, the Army Corp of Engineers, and the lease entered into with the Town of East Windsor. Wetlands Agent Bednaz suggested she doesn’t feel the stream crossing is necessary; it’s restricting stream flow and creating much sedimentation, nothing has been stabilized with regard to the crossing, and silt fencing should be installed. Removal of the pipes will require a permit; a
Violation Letter must be sent to the Reichles.
The Commission requested the Violation Letter be sent as soon as possible, and that work be initiated and the area stabilized prior to the initiation of the swimming/summer season for East Windsor Park.
Additional Advisement: Wetlands Agent Bednaz reported the owners of the Maine Fish Market on Bridge Street, Warehouse Point, continue to fill an area in the rear parking lot. The area needs to be stabilized as soon as possible. An application before the PZC may be necessary for bringing in fill if the amount is significant.
MOTION: To GO OUT OF THE AGENDA to take items added to the AGENDA
under MISCELLANEOUS, Item A, Discussion Items: * NCHD approval versus acceptance of wetland application, and * Schedule A Fees: For Disturbance in Upland Review Area
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS, Item A, Discussion Items: * NCHD approval versus acceptance of wetland application:
The question has arisen regarding the ability to approve an application without file documentation reflecting the approval of the parcel for a septic system by the NCHD. Without that approval the question arises as to the permitability of the project. The Commission indicated NCHD approval had been included as a requirement on the Application Check List in the past, and requested the requirement be reinstated on the checklist. Wetlands Agent Bednaz suggested the requirement should be added to the Inland/Wetlands Application Guidance material sent to the applicants.
MOTION: To REVISE THE INLAND/WETLANDS GUIDANCE NOTATIONS SENT IN THE APPLICANT’S PACKET TO INCLUDE THE CHECK POINT REGARDING THE NORTH CENTRAL HEALTH DISTRICT APPROVAL.
Osborn moved/Koczera seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/A. Discussion Items - Schedule A Fees: For Disturbance in Upland Review Area:
No discussion.
MOTION: To RETURN TO THE AGENDA ORDER AS PRINTED AND TAKE ITEM IX. VIOLATIONS.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
VIOLATIONS (for action or show-cause hearing): None presented.
STATUS REPORTS/A. Planning and Zoning Review:
See PZC Agenda reflecting application decisions from previous meetings included in Commission packet.
STATUS REPORTS/B. NRPC:
No report; new NRPC liaison required due to resignation of Jan Warren.
STATUS REPORTS/C. Wetlands Fee Schedule:
The Inland/Wetlands Fee Schedule proposal has been approved/adopted by the Board of Selectman effective May 1, 2008. The schedule gives the Commission the ability to waive a fee if review of a situation warrants same.
CONFERENCES/SEMINARS/TRAINING: Nothing presented.
CORRESPONDENCE:
* Connecticut Federation of Lakes Eastern Connecticut Lakes Conference - Friday, May 16, 4:30 p.m. - 6:30 meeting with refreshments, 6:30 p.m. - 7:30 p.m. networking and cash bar.
* Land Use Academy Workshops - Saturday, May 17; Saturday, September 27; and Saturday, November 15th, 8:30 a.m. - 4:30 p.m., various locations - sponsored by the University of Connecticut, College of Agriculture and Natural Resources.
* Invitation to Community Workshop - Economic Development for Public Officials - June 5, 2008, 6:00 p.m. at Scout Hall Hall, 28 Abbe Road - sponsored by the East Windsor Economic Development Commission.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:23 p.m.
Sawka moved/Osborn seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
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