TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
June 4, 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 (Chairman), John Burnham, Michael Koczera, John Malin, Ronald Savaria, Robert Slate, and Michael Sawka.
Unable to Attend: Regular Member Richard Osborn, and Alternate Member Kathryn Roloff.
Vice Chairman Ceppetelli noted the establishment of a quorum with six Regular Members and one Alternate Member present. Also in attendance was Wetlands Agent/Zoning Enforcement Officer Bednaz. Deputy Selectman Gil Hayes, Board of Selectman liaison to the Wetlands Commission, arrived after the meeting began.
ADDED AGENDA ITEMS:
MOTION: TO ADD TO THE AGENDA under NEW APPLICATIONS TO BE RECEIVED, Item A, Windsorville Road/Reservoir Road (Glen Reichle) - Application of Glen Reichle to conduct regulated activities associated with constructing and deconstructing a watercourse crossing within the Chestnut Brook and restoring natural conditions. Total parcel is 152.1 acres, located on the south side of Reservoir Avenue across from East Windsor Park; AND, under NEW APPLICATIONS TO BE RECEIVED, Item B, Spring Street &
Holcomb Terrace - Application of the Town of East Windsor to conduct regulated activities associated with proposed culvert replacement at Spring Street & Holcomb Terrace and removal of sediment from drainage ditch; AND, under MISCELLANEOUS,
Item A, Discussion Items: * Adopting Electronic Submission of Existing Conditions as a Standard Condition, and * Joe Sauerhoefer Application Requirements.
Malin moved/Savaria seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES/April 2, 2008:
MOTION: To ACCEPT the Minutes of Regular Meeting dated April 2, 2008 with the following amendments: under MISCELLANEOUS/B. Discussion Item - 54 Prospect Hill Road, paragraph 2, fifth sentence - “The wetlands was were delineated December, 2007.........”
Koczera moved/Slate seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES/May 7, 2008:
MOTION: To TABLE the Minutes of Regular Meeting dated May 7, 2008 until the Commission’s next regularly scheduled meeting July 2, 2008.
Koczera moved/Malin seconded/VOTE: In Favor: Unanimous
PUBLIC HEARINGS (on Inland Wetlands applications): None
CONTINUED APPLICATIONS OR BUSINESS/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. (65-day application period ends 7/11/08):
MOTION: To OPEN the Public Hearing on the Application 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.
Savaria moved/Koczera seconded/VOTE: In Favor: Unanimous
Vice Chairman Ceppetelli read the description of this Item of Business. Appearing to
discuss this Application was T. Mark Barbieri, representing, NRT Realty, LLC; Robert Trigg, owner of NRT Realty, LLC; Mike Granulati, Soil Scientist; and Jay Ussery and Dana Steel, of J. R. Russo & Associates. Also present in the audience were Joseph Lata and his wife, property owners; Debra Smith, property owner; and Attorney Louis Flynn, representing Tony Dimastrantonio, property owner.
Attorney Barbieri presented the Application, which involves several parcels of land located on Bridge Street across the street from The Children’s Place. The entire parcel includes a few residential properties with frontage on Bridge Street, and the Lata property, which extends behind the residential properties for some distance. The parcel, which contains 32.8+/- acres, was previously zoned R-2, A-1, and M-1; it was rezoned B-2 in April, 2008. The proposal is for a 140,000 s.f. retail facility, with parking, and associated infrastructure. The parcel also contains 4+/- acres of wetlands which have been altered from years of farming. The property is also impacted by Blue Ditch, which comes onto the parcel from across the road behind Bassinger’s property and runs to the
Connecticut River. Attorney Barbieri noted Blue Ditch floods from time to time.
Attorney Barbieri reported they are proposing approximately 3600 square feet of wetlands disturbance. Because they are taking farmland they need to mitigate that taking by returning the land to wetlands which will be hydrologically connected to other wetlands. Approximately 3.8 acres of the 4 acres of wetlands will function better after mitigation. Attorney Barbieri suggested there will be no long term impact to the wetlands.
Mr. Ussery gave a description of the property, noting surrounding streets and parcels. He suggested the proposed use is a retail facility with an entrance off Bridge Street. The facility will have a large parking lot in the front, with a smaller lot to the rear; access will be provided all around the building for emergency/fire equipment and for loading/unloading products.
Mr. Ussery reported there are 3 areas of wetlands: 1) area associated with the agricultural activity and the row crop; 2) an area associated with Blue Ditch; and 3) to the south and rear of the property. The area associated with Blue Ditch includes the Blue Ditch as the common border line between parcels. The Blue Ditch runs down to and under Holcombe Street and eventually outletting at the Connecticut River. This area has never been farmed and is more natural looking than the other wetlands. Mr. Ussery suggested they are proposing 3700+/- feet of wetlands disturbance, which includes: 1) 500 - 600 square feet of temporary disturbance of acreage with wetlands in the agricultural field; this area is near the outfall of the proposed detention basin.
This area of disturbance will revert back to wetlands after construction. 2) 3000 square feet associated with the grading to accomplish the driveway and loading area on the back of the building. This area would constitute a permanent wetlands disturbance as they will be filling the wetlands in that location.
Mr. Ussery reported they are proposing an extensive planting plan to achieve wetlands enhancement and mitigation. The planting plan includes deciduous trees and wetlands shrubbery associated with the outflow areas of the basins. The rest of the wetlands areas, which are currently row crops, are not part of this development and will be planted with wetlands seed mix as discussed with Wetlands Agent Bednaz.
Mr. Ussery introduced Michael Granulati, Soil Scientist, of 45 North Street, Windsor Locks. Mr. Granulati reported the majority of the site is presently in agricultural production with single row crops. He confirmed that there are 3 wetlands areas located on the property, two are presently used for the row crops, and the third is associated with the man-made drainage ditch. The soils are Walpole, which are sandy towards the uplands area; as you go deeper you hit silt and clay. The wetlands areas presently provide very little function because of the heavy agricultural use; the area is flat and the water just sits there. The plan is to take the water and move it to another area. The wetlands toward the residences would be allowed to return to their natural conditions.
The wetlands have very little functional value at present, but if they are put into a Conservation Easement the wetlands seed mix would restore the functions lost over the years due to the farming operation.
Mr. Granulati reported he has looked at the Natural Diversity Database maps dated 12/2007 and has found no known endangered species of animals or vegetation on the site.
Attorney Barbieri submitted the green cards and certifications of abutter mailings to Wetlands Agent Bednaz at the meeting.
Mr. Steel, of J. R. Russo & Associates, gave an explanation of the proposed drainage system, which includes a water treatment system. He described the property as containing a high point, which will be the location for the proposed building. Mr. Steel described the current drainage flow pattern, with a portion of the flow draining to the east and south, a second portion of the flow draining to the west, and a third area of flow draining to the north towards Bridge Street. Mr. Steel suggested under the proposed drainage system the flow will continue to drain from the site in the same locations as it currently drains. As part of the water quality treatment system they are proposing 3 water quality treatment ponds which will have water in them at all times during a storm; the water will be
stored in the ponds/pools to allow suspended solids from the parking lots to settle and reside in the pools until release. The water will then be released slowing to reduce the peak run off from the parking lots, loading areas, and roof areas. Mr. Steel reported the system is based on the 2004 DEP Guidelines for water quality systems. He noted the plans include a Maintenance Schedule which is required to provide long term treatment.
Attorney Barbieri noted that during the Public Hearing for the Zone Change concerns were raised by various neighbors regarding problems with flooding. One neighbor on Holcomb Terrace was collecting water from the Walmart’s site and had concerns this
proposal would increase flow to his property. Attorney Barbieri indicated they took that information into consideration when designing this drainage system so that neighbor wouldn’t pick up more run off from this site; due to the system design that neighbor may have better water quality after development than he does currently. Other neighbors along Blue Ditch cited similar concerns regarding flooding. Attorney Barbieri suggested these designs have taken those concerns into consideration as well. Mr. Steel noted the elevations of various properties under discussion relative to the elevation of the Connecticut River; all properties are within flood plains and that will not change. The natural effect of the Connecticut River is to back up in this area.
Mr. Ussery referenced Wetlands Agent Bednaz’s memo dated May 1, 2008; he addressed her comments/recommendations and their responses to her suggestions. 1) .......to provide compensation due to the loss of wetlands it’s recommended wetlands A and wetlands B be hydrolologically connected; Mr. Ussery indicated they were in agreement with that suggestion. 2) ........ it’s recommended that all plantings within and immediately adjacent to (within 50’) of the wetlands be native species; Mr. Ussery suggested they can change the proposed species to white pine or hemlock but they need to plant species that can stand wet feet. 3) ......... rate of application of seed mix to disturbed areas be shown on plans; Mr. Ussery thought they had already been shown but will review the plans
and add accordingly. 4) ......... a combination of hay bales and silt fence should be installed within 20’ of wetlands areas, and shown on plans; Mr. Ussery indicated they will install a system of a silt fence sock, which has worked well at The Mansions. 5) ........submit plans to show entire property, including southerly portion including wetlands resource areas; Mr. Ussery indicated they will add another plan sheet. 6) .......condition to be added to plans to require applicant to submit an electronic copy of existing conditions prior to the beginning of work to assist the Town in updating its GIS database; Mr. Ussery indicated they are agreeable to that condition.
Attorney Barbieri advised the Commission if they would like to see a similar area of mitigation there is an area across from the Flaherty Field Trials on Tromley Road which the ACOE required Southern Auto Sales to purchase and restore to a row crop to mitigate the disturbance of wetlands in another area. He suggested that while the area might not appeal to those who like a manicured lawn it does appeal to those who like a diverse wetlands.
Commissioner Savaria questioned if the basins would hold siltation; his concern would be if the proposed facility contained an outside garden center and some contaminants from the outside storage area entered the basins? Mr. Steel suggested if contaminants get into the ponds the vegetation will provide a filtration for the water; he noted the best line of defense for such a situation is to keep such an area contained, which would be the responsibility of the tenant. Discussion followed regarding regulations which include 2004 DEP Guidelines regarding water quality treatment, and the inclusion of Maintenance Schedules to insure proper on-going maintenance of the basins.
In response to Chairman Ceppetelli’s questions Mr. Steel indicated the every drainage structure unit includes a sump pump to address accumulation of sedimentation. The ponds will provide treatment for the accumulation of oil from the parking lot as it collects on the vegetation as it passes through the filtration system. Mr. Steel noted the basin on the west side has a gravel access drive along the edge to allow access of equipment for mowing and removal of the sediment as outlined in the Maintenance Schedule. Discussion followed regarding the inclusion of oil/water separators in the proposed drainage system. Mr. Steel noted their inclusion would be an option but they are a mechanical solution when an applicant is pressed for space and doesn’t have the option of a wet pond,
but in his opinion the wet pond - as recommended by the DEP Guidelines which were used for this design - is preferable. Attorney Barbieri questioned if it would be redundant to have both systems? Mr. Steel reported it would be redundant; the wet ponds are preferable to the separators, and the ponds are sufficient without the separators. The ponds have been designed with 4 bays, which do the same thing as the separators.
Discussion continued regarding the advantages/benefits of returning areas to wetlands vs. leaving some of that area a farming operation. Mr. Steel noted that while the wetlands enhancement does cause the loss of farming the benefits are offset by the cessation of erosion, etc. Chairman Ceppetelli questioned if any consideration was given to erosion caused by wind? Mr. Steel noted the existing agricultural use is also susceptible to wind erosion; he suggested dust control is outlined in the Erosion Control Notes for the proposed use.
Chairman Ceppetelli initiated discussion regarding slow release of water vs. quick outletting of water into the Connecticut River. He cited concern for contributing further to the flooding problems. Mr. Steel suggested quick release would make sense if this property were located on the other side of Main Street and the only thing between it and the Connecticut River were the flood plain. However, Blue Ditch doesn’t have a lot of capacity to hold more water; it’s better to retain the water on this site and reduce the peak flows. Commissioner Sawka questioned what would happen when the two ponds behind the building reach capacity? Mr. Steel indicated the water will flow into the wetlands; the riprap will allow the water to spread out in an area about 25’ in
width and then will spread out beyond that because the area is flat. There isn’t a lot of elevation to make the ponds deeper, but they are designed over-sized to allow them to hold the water and let it out slowly.
Wetlands Agent Bednaz offered the following recommendations: 1) the Applicant is proposing cattails for wetlands vegetation. The ACOE considers cattails to be invasive and a species which creates a monoculture. Two other species were recommended as substitute vegetation; a 2 year monitoring program, with cleaning of basins as necessary, was also recommended. Mr. Steel noted they were in agreement with the recommendations; plans will be revised accordingly.
Chairman Ceppetelli opened discussion to the audience:
John Rockwell, husband of the owner of 43 Spring Street: noted the Applicant had talked about run off from the parking lot going into the basin, then into the catch basins, and eventually into Blue Ditch; he questioned what will happen to the roof run off? Mr. Steel noted they have not changed the basic grades; 12 acres drain to the east pond while 6 acres drain to the west ponds. 100% of the run off from the building will drain into the west basin; the run off from the driveway and the front parking lot will drain into the east pond, which is where the run off went originally.
Mr. Rockwell suggested that the 100% run off from the building is stagnant water, which will be a wet breeding ground for mosquitoes. He noted various residences adjacent to that area. He questioned what would be done with regard to a maintenance program; would chemicals be used; what will be done to prevent bugs from accumulating in those ponds?
Mr. Rockwell noted that during the original Zone Change application there was talk about a 100’ buffer between the residential zone and this use. He noted the plans are not showing any planting along Scott Avenue or Spring Street. Chairman Ceppetelli suggested that was an issue for the Planning and Zoning Commission (PZC).
Mr. Rockwell noted the Maintenance Program referred to a truck coming in on the gravel road to clean out the basins and remove the materials; he questioned how often that would occur? Chairman Ceppetelli suggested that schedule would be outlined on the plans. Mr. Rockwell questioned if it would be 4 times a year; would it be large dump trucks? Mr. Steel indicted they would be mowing the area several times a year.
Mr. Rockwell referenced the proposed location of a gate to prevent people from coming into the area to party. He questioned if it made sense to move the location of the gate closer to Spring Street? Chairman Ceppetelli suggested that was also a PZC issue.
Attorney Louis Flynn, resident of 17 Spring Street, and attorney for Tony DeMastrantonio: requested the Commission approve this Application because it makes sense as a reasonable transition between the business center and I-91. The Blue Ditch has been there for 200 years, and was originally put in by the mill on Main Street. It got its name because the mill made textiles and dumped dye into the ditch. Attorney Flynn suggested these proposed plans takes the run off from Blue Ditch and sends it into retention basins which are designed to retain the runoff and clean it. He felt the proposal takes some of the problems away from the people on Scott
Avenue, and reduces the amount of liquid running through the ditch. Attorney Flynn noted that Holcomb’s Pond on the top of the hill fills in with sediment and has been dredged at least once; this proposal seems to alleviate problems in that area.
John Rockwell, husband of owner of 43 Spring Street: cited concern that the aggregate of the water coming into Blue Ditch has the potential to flood his lower field. He is concerned about the volume of water. He questioned if there is any ability to direct some of the water into another pond? Attorney Flynn suggested the water is still going to go into that area; it goes there now. If nothing is done tonight the water will still go as it does now.
Jeff Houghton, 159 Main Street, Broad Brook: questioned if there would be curbing going all around the back? Chairman Ceppetelli replied affirmatively.
Wetlands Agent Bednaz reported Town Engineer Norton is reviewing the plans and will have comments for the next meeting.
MOTION: To CONTINUE the Public Hearing on the 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. Public Hearing to be continued to the Commission’s next regularly scheduled Meeting on July 2, 2008 at 7:30 P.M. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Koczera moved/Malin seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Koczera moved/Slate seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:55 P. M.
MOTION: To REOPEN the Meeting.
Koczera moved/Malin seconded/VOTE: In Favor: Unanimous
The Commission RECONVENED the Meeting at 9:07 P. M.
CONTINUED APPLICATIONS OR BUSINESS/a. 105 & 107 East Road - Continued application of Richard P. Pippin, Jr., and Kathleen 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):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss the Application was Jay Ussery, of J. R. Russo & Associates, and Richard and Kathy Pippin. Chairman Ceppetelli noted revised plans have been submitted this afternoon; the Commission will be asking the Applicant for a 65 day extension of the application period.
Mr. Ussery gave a description of the location of this property, and a brief summary of the Application for the new members. The proposal is to split the property into 2 building lots for 2 single family homes which will be served by septic systems and private wells; most of the parcel is located within wetlands areas.
Mr. Ussery reviewed the following issues raised at the previous meeting. 1) The area in the lower corner of the parcel was originally thought to be a vernal pool. Upon investigation by Mr. Ussery and Michael Granulati, Soil Scientist, it is now thought to be an area that floods based on the seasonal water table. Mr. Ussery noted Wetlands Agent Bednaz was concerned with how close they would get to the vernal pool with the driveway and house location. They have moved the location of the house and the driveway; the closest point from the edge of the driveway to the edge of the water is 94’ while the closest point to the area that ponded water last Fall in November is 117’ to the driveway. 2) The establishment of a Conservation Easement was proposed as a means of
controlling the dumping of yard waste. Mr. Ussery felt the Pippins were agreeable to that recommendation, and notes regarding yard waste. 3) The question had been raised if the lots would have room for pools, and if so, would their installation be prudent? Mr. Ussery noted he hasn’t shown any pools on the plans but felt an inground pool could fit on one of the lots. He would not recommend the installation of above ground pools as he would be concerned with water entering the wetlands if the walls of the pools failed. Mr. Ussery felt the Pippins were open to suggestions. 4) Mr. Ussery noted Mike Granulati, Soil Scientist, indicated in his report that the slopes are not terrace escarpment soils.
Discussion followed regarding the need to impose a Conservation Easement on the parcels. Wetlands Agent Bednaz indicated that once the permit expires there is nothing to keep people from moving closer to the resource areas with satellite dishes, etc. Adding the Conservation Easement to the property, and the deed, will make people aware of the sensitive areas and what can be done with them. Wetlands Agent Bednaz recommended the limits of the clearing area as the limits of the Conservation Easemment. Commissioner Koczera and Burnham disagreed with the addition of the Conservation Easement; Commissioner Koczera felt people should come before the Commission to discuss removal of trees etc. Chairman Ceppetelli felt the addition of the Conservation Easement on the deed advises people as to what can
be done in that area. Mr. Pippin indicated he would like to keep the big trees; Chairman Ceppetelli suggested that would be a reason to add the Conservation Easement to the deed. Mr. Pippin noted the plans have been reduced to one driveway.
Wetlands Agent Bednaz felt the question of the vernal pools was still an issue. She noted it’s been demonstrated on the Newberry Village project that vernal pools that were not active in year one, two, or three became active in year three. She felt the possibility of this area being a vernal pool couldn’t be entirely ruled out because only a one year evaluation has been considered. These pools aren’t active every year; it depends on the amount of snow and the migration pattern of the species.
Discussion returned to the driveway location; could it be moved slightly to the south? Mr. Ussery suggested that would affect the property line. He suggested a berm could be installed between the driveway and the pool; Mr. Pippin reiterated he would be loosing trees.
Mr. Ussery felt it was probably the right thing to do to call the wet area in question a vernal pool. He suggested installing something 25’ away and parallel to the wetlands line, and then post outside that area as a Conservation Easement.
Chairman Ceppetelli requested the Applicant to give the Commission an extension of time to make its decision as the revised plans had just been received and Wetlands Agent Bednaz and Town Engineer Norton need to review them. Mr. Pippin agreed.
MOTION: To EXTEND the Application of 105 & 107 East Road - Continued application of Richard P. Pippin, Jr., and Kathleen 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. Application extended to the Commission’s regularly scheduled meeting on July 2, 2008 at 7:30 P. M. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Koczera moved/Slate seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/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. (65-day application period ends 6/6/08):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Melissa Green, Director of Parks and Recreation; and Lori Gabriel, Chairwoman of the Skate Park Committee.
Ms. Green reported she has been working with Town staff regarding this project; Town Engineer Norton has prepared a Site Plan reflecting the location of these parks on Reservoir Avenue on the Kogut property across from East Windsor Park. The original
location of the parks has now been reversed; the Skate Park will be located further west. The Dog Park will be located on a flatter area to the east which would reduce the amount of grading for the site. There is a natural berm between the area for the Dog Park and the Skate Park which would obstruct the dogs from seeing people skateboarding or biking. The Dog Park will be completely fenced in; there will be two areas within the Dog Park to separate small and large dogs. There will be receptacles within the dog park for patrons to pick up waste from their dogs. Commissioner Malin questioned who would enforce that requirement? Ms. Green suggested the Dog Park will be a self-regulated facility; the people who want the park will pick up after themselves.
Chairman Ceppetelli questioned the location of the wetlands and regulated area in relation to these proposed parks? Ms. Green suggested they took the recommendations made by the Commission at a previous meeting into consideration; Town Engineer Norton drew up the plans accordingly.
Chairman Ceppetelli noted that a corner of the parking lot will be located in the regulated area. Ms. Green noted the parking lot won’t be paved. The base for the Skate Park is an asphalt material that will be laid down over the property. Wetlands Agent Bednaz suggested the wetlands are located uphill of any activity; they are not proposing to clear any trees, the tree line would remain to protect the resource area. She suggested approval of this project could have gone through as an Agent Decision but because it’s a Town project she wanted it to follow the full application process.
MOTION: To APPROVE the Application of Reservoir Avenue - 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.
Koczera moved/Savaria seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: None.
NEW APPLICATIONS TO BE RECEIVED/A. Windsorville/Reservoir Road (Glen Reichle) - Application of Glen Reichle to conduct regulated activities associated with constructing and deconstructing a watercourse crossing within the Chestnut Brook and restoring natural conditions. Total parcel is 152.1 acres, located on the south side of Reservoir Avenue across from East Windsor Park:
Chairman Ceppetelli read the description of this Item of Business.
MOTION: To RECEIVE the ADDED AGENDA ITEM/A. Windsorville/Reservoir Road (Glen Reichle) to conduct regulated activities associated with constructing and deconstructing a watercourse crossing within the Chestnut Brook and restoring natural conditions. Total parcel is 152.1 acres, located on the south side of Reservoir Avenue across from East Windsor Park.
Koczera moved/Malin seconded/VOTE: In Favor: Unanimous
Appearing to discuss this Application was Glen Reichle, of 27 Harrington Road; Mr. Reichle reported he leases the Kogut property from the Town. Mr. Reichle reported an existing culvert was in place on the property; the person clearing the land was his cousin and when he drove over the culvert it collapsed. They pulled the old culvert out and put in two pieces of pipe. They had a problem and they took care of it; the Town wasn’t brought in immediately. Mr. Reichle indicated he has worked with the Town to rectify the problem and has done as much as possible. It’s fortunate no one got hurt. The fee has occurred from the Town; Mr. Reichle is hoping to abolish the fee.
Wetlands Agent Bednaz reported the Town received a phone call from someone who had been walking the property; they had called to advise the Town there was machinery in the stream. When she inspected the property she found two 24” PVC pipes in the stream. Wetlands Agent Bednaz reported she hadn’t seen the crossing before but heard it was an oil drum used for the crossing. Any expansion of the crossing is a regulated activity. She spoke with DEP regarding recommendations; as she didn’t see the crossing prior to this incident she felt this replacement should be a regulated activity. Some materials were taken from the wetlands which need to be restored. The culvert wasn’t installed according to ACOE standards; the culvert is higher than the base of the
streambed. The Town has problems downstream with the Town pond, which is open for swimming; it’s essential to not have the area restored at this point so as to not cause problems with the Town Pond.
Regarding the fee there is a basic “all other activities” fee of $300 (farming falls within all other activities), plus a watercourse crossing fee of $200 (the intent of this fee is to review the work; this portion could be waived), plus an “after the fact” fee of $300 (not a fine but covers the cost of a more complex review process/more site visits due to the activity having already occurred).
Discussion continued on the following points: 1) need for restoring the crossing - Wetlands Agent Bednaz felt the Town would rather have the crossing removed. Later in the meeting Town Engineer Norton concurred with Wetlands Agent Bednaz assessment; the Town would not have money to replace a farm crossing. Wetlands Agent Bednaz suggested the crossing restricts the movement of the stream, further activity within the crossing needs to be reviewed by the Town Engineer. Mr. Reichle has liability insurance to cover his activities on the property. 2) which fee could be waived - Wetlands Agent Bednaz cited the Application Fee covers her time to review the proposed work, and the cost of filing legal ads; she felt to waive the “base fee” would be setting a precedent. She
questioned the waiver of the “after the fact” fee. 3) Mr. Reichle opposed the fees as he
has already cleared the area which is now the site of the proposed Dog and Skate Park. Wetlands Agent Bednaz noted First Selectman Menard has been working with Mr. Reichle regarding alternatives to use of the land proposed for the parks; the cost of his clearing of the property hasn’t gone unnoticed.
Deputy Selectman Hayes (who is also this Commission’s liaison to the Board of Selectman) requested to speak. He noted he was one of the Selectmen who was involved in writing the lease with Mr. Reichle. Land clearing was part of the deal; it’s advantageous to the Town to have the property cleared for future uses. He questioned if the Commission could consider doing something with the “after the fact” fee?
The Commission mulled various options at length.
MOTION: To WAIVE the $200 Water crossing Fee.
Burnham moved/Koczera seconded/VOTE: In Favor: Unanimous
MOTION: To WAIVE the $300 After the Fact fee.
Burnham moved/Koczera seconded/VOTE: In Favor: Unanimous
MOTION: To CHARGE a $100 Application Fee because the activity was on Town property and the activities were initiated by a Town tenant.
Burnham moved/Slate seconded/VOTE: In Favor: Unanimous
MOTION: To CONTINUE THIS MEETING PAST 10:30 P.M.
Burnham moved/Savaria seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/B. Spring Street & Holcomb Terrace - Application of the Town of East Windsor to conduct regulated activities associated with proposed culvert replacement at Spring Street & Holcomb Terrace and removal of sediment from drainage ditch:
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Town Engineer Norton.
Town Engineer Norton reported the Town is proposing to replace the culvert under Spring Street and Holcombe Terrance, and to clean out the culverts southerly of Holcombe Terrace. This proposal will assist with water problems in the immediate vicinity.
Chairman Ceppetelli questioned if there will be any ability for the water to come back up
stream? Town Engineer Norton replied affirmatively, noting the area is within a flood plain for 50 and 100 year storms. The proposal before the Commission will take care of smaller incidents.
MOTION: To RECEIVE the Application of the Town of East Windsor to conduct regulated activities associated with proposed culvert replacement at Spring Street & Holcomb Terrace and removal of sediment from drainage ditch.
Malin moved/Burnham seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/a. Welcome New Commission Members/I. Robert Slate - Regular Member; II. Ronald Savaria - Regular Member; III. John Burnham - Alternate Member; IV - Kahryn Roloff - Alternate Member:
Members welcomed at the beginning of the Meeting.
MISCELLANEOUS/b. Board Development - Training/Topics Schedule:
Wetlands Agent Bednaz reported she has received an offer from an Attorney in New Haven who will visit the Commission to discuss meeting protocol.
AGENT DECISIONS/a. 89 Rockville Road - To construct a 30’ x 34’ residential garage within the Upland Review Area (URA), the clearing of woody vegetation with the URA (the activity has been conducted), and mitigate for the clearing of woody vegetation within the URA with native plantings within 50’ of wetlands boundary:
Wetlands Agent Bednaz reported the Applicant came in for a permit to construct a garage. On inspection of the property it was noted a tree line that was in existence 3 years ago when the house was constructed had been removed because it contained poison ivy. The Applicant will be restoring that buffer with new plantings, and will provide a benefit to the wetlands.
AGENT DECISIONS/b. 205 South Main Street - Modifications to south detention basin:
Wetlands Agent Bednaz reported they are working on these modifications; the permit has been issued for the work. Everything is moving along fine for now.
AGENT DECISIONS/c. 159 Main Street (BB) - Clear cutting and stumping of woody vegetation with URA:
Wetlands Agent Bednaz reported this property is next to the Milk Mart and the church parking lot. The owner wants to clear cut the back of the property so he will have more
area to use. He plans to install landscaping and erosion controls. This will also keep people from dumping on his property.
VIOLATIONS (for action or show-cause hearing): None
STATUS REPORTS: No discussion.
CONFERENCES/SEMINARS/TRAINING: Nothing presented.
CORRESPONDENCE/a. Prospect Hill/Newberry Road - Letter to ACOE:
Wetlands Agent Bednaz reported a developer for a big box facility had requested that she write a letter to the ACOE to help them in their decision and to advise that agency of possible mitigation opportunities.
CORRESPONDENCE/b. Notice of Violation - G. Reichle Farms:
Wetlands Agent Bednaz reported that when the Applicant files a permit application the violation letter goes away.
AGENDA ADDITIONS/MISCELLANEOUS/A. Discussion Items - Adopting Electronic Submission of Existing Conditions as a Standard Condition:
Wetlands Agent Bednaz reported the electronic submission would be required prior to the application review, and would only be required if surveyed plans are being submitted. It would not be required of homeowners. The electronic submission should assist the Town to update the GIS and should not cost the applicant anything. Wetlands Agent Bednaz would like to require the submission as a standard condition.
MOTION: To ADOPT ELECTRONIC SUBMISSION OF EXISTING CONDITIONS as a standard condition, if it applies.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
AGENDA ADDITIONS/MISCELLANEOUS/A. Discussion Items - Joe Sauerhoefer Application Requirements:
Wetlands Agent Bednaz reported the Applicant has been working on a garage in the back of a property across from Balch’s property; he is 15’+/- from degraded wetlands with his work. The applicant will also need a permit for a Contractor’s Storage yard from the PZC. Wetlands Agent Bednaz suggested this work can come through as a full application, or can be reviewed as an Agent Decision. The Commission preferred it be handled as an Agent Decision.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:45 P. M.
Sawka moved/Slate seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor conservation Commission/Inland Wetlands Watercourse Agency
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