TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
July 2, 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), Richard Osborn, Ronald Savaria and Robert Slate, and Alternate Members John Burnham, and Kathryn Roloff (arrived at 7:40).
Unable to Attend: Regular Members John Malin, Michael Koczera, and Michael Sawka.
Guests: First Selectman Denise Menard, Deputy Selectman Gil Hayes, Selectmen Ed Farrell, and Dale Nelson; Planning and Zoning Commission Members Lorrie Devanney, Steve Farmer, Frank Gowdy, and Jim Thurz; Town Engineer Len Norton.
Vice Chairman Ceppetelli noted the establishment of a quorum with five Regular Members present at the beginning of the Meeting; Commissioner Roloff arrived at 7:40. He noted Regular Member Roloff had not yet been sworn in and therefore could not participate in decisions made this meeting; all other Commissioners, both Regulars and Alternates, 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, Newberry/Winkler Road (Newberry Village) - Application of Newberry Village LLC c/o Fahey, Landolina & Associates LLC requesting modification to existing permit numbers 1351 and 1358. Application requests modification to project phasing and sewer line configuration. Total parcel is 44.9 acres, located on Newberry and Winkler Roads; AND, MISCELLANEOUS, Item A, Discussion Items - August 6th IWWC meeting - Attorney Marjorie Shansky from New Haven, CT.
to attend. Determine attendance and if 6:30 pm meeting start time is acceptable to Commission.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
Chairman Ceppetelli noted that several members from the Board of Selectmen and the Planning and Zoning Commission were in attendance to hear the presentation on the Broad Brook Mill. He requested a motion to change the agenda order to hear this Item of Business earlier.
MOTION: To GO OUT OF AGENDA ORDER to take NEW BUSINESS/a. Discussion Item/Presentation - The Mill at Broad Brook - Remedial Action Plan preliminary presentation by Scott Crawford of XDD to receive Commission input and comment prior to formal submission.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
NEW BUSINESS/a. Discussion Item/Presentation - The Mill at Broad Brook - Remedial Action Plan preliminary presentation by Scott Crawford of XDD to receive Commission input and comment prior to formal submission:
Appearing to present this informational update was Scott Crawford, of XDD (Expert Design and Diagnostics). Also available in the audience to augment discussion were Bryan Kielbania, representing Hamilton Sunstrand (HS), and Maurice Hamel, of the Connecticut Department of Environmental Protection (CTDEP).
Mr. Crawford suggested his presentation will provide an overview of the process for the remedial action plan, which includes identifying the environmental issues at the property, and presenting the remedial options. The overall program is to clean up the property under State and Federal guidelines for remediation, and to return the property to a beneficial use, such as industrial uses or approved park space for playing fields. Mr. Crawford reported they have been working with the EPA to develop this plan; he indicated his presentation this evening is the first step in preliminary hearings to present that plan to the Town. He is looking for feedback from the Commission to incorporate into further development of the plan.
LET THE RECORD SHOW Commissioner Roloff arrived at 7:40 p.m.
Mr. Crawford noted the property contains 15+/- acres and is located on Main Street (in the Broad Brook section of East Windsor). The parcel contains a strip mall with some residential units, the former condominium building, and the former power house. The original mill buildings were used for industrial uses since the mid 1800s. The original use was a tanning factory; subsequent uses included a woolen mill and coal plant. Hamilton Sunstrand purchased the property in 1953 for component manufacturing, which included electro-plating work. The boiler plant was built in approximately 1950 to convert the fuel source from coal to oil. In 1977 the Broad Brook Center purchased the property and used the mill buildings for light manufacturing. In 1986 the property was purchased by Connecticut Mill
________________. A fire occurred that same year; only the condominium building and the power house (both former mill buildings) remained. In the 1990s the condominiums were constructed; (subsequently contamination was found at the site). In 2004 the condominiums were purchased by Hamilton Sunstrand and the residents were removed from their dwellings.
Mr. Crawford indicated the soil contamination occurred within the upper 15’ of approximately half of Lot 8A. Most of the impact was related to degreasing solvents. Contamination from coal ash was also found; the coal ash was dumped on the site for fill, which was a common practice at that time. The coal ash contamination is still resident today throughout the site. The purpose of the remediation is to isolate the contamination to prohibit people from ingesting or touching the soil. Mr. Crawford indicated they are proposing to place a surface cap - an impermeable geofabric liner - over the northerly two-thirds of the property. The surface cap would be combined with a layer of 2 to 4 feet of soil and asphalt. The remediation method is approved by the Connecticut
Department of Environmental Protection (CTDEP). The area would be made level, and tied into the existing structures. The area can then become a parking lot, or green fields for sports such as soccer, etc.
Mr. Crawford indicated other petroleum based solvents were released from the modern operations. Removal of an extensive amount of soil wouldn’t be practical; the installation of the cap is a more appropriate method of remediation. Some minor excavation would occur on the edge of Lot 8A. The groundwater below the site is also impacted with the petroleum solvents and chrominium from the electro-plating. That contamination will be removed from the groundwater; the groundwater will be cleaned to groundwater protection standards required by the CTDEP. Mr. Crawford described the techniques proposed for remediation.
Mr. Crawford indicated the caps will run up to the edge of the river bank (Broad Brook) and into the buffer zone slightly where the bank slopes downward. There may be some areas where the coal ash will be exposed. Various options for dealing with that the exposure include natural vegetative cover, riprap, or ornamental concrete blocks. Mr. Crawford suggested the area might be used for a walkway along Broad Brook in the future. Sedimentation near the dam contains contamination; the sedimentation will be removed. Mr. Crawford reported a permit will be required from the Commission to work within the buffer area. Mr. Hamel, (CTDEP) indicated from the audience that some of the permitting process may be taken over by the DEP. Some work will be done within the flood plain, which
would require a permit on the State level. Removal of the contamination that occurred prior to Hamilton Sunstrand’s purchase of the property is being funded by the State as the contamination occurred prior to Hamilton Sunstrand’s ownership. All plans being submitted to the Inland/Wetlands Commission will be passed on to the DEP. Mr. Hamel suggested this Commission can add whatever conditions they prefer to the local permit.
Mr. Crawford indicated they will be testing various technologies to be sure they will work at this property. They hope to have this plan approved by the end of 2008, with the hope to implement the plan next summer. While there will be excavation on the site Mr. Crawford indicated they don’t expect a large impact to the area as work will be spread out over many months. They anticipate limited truck traffic in the area; it’s not likely that dump trucks will be moving in and out of the site. Dust protection techniques will be used, and run off will be monitored.
Mr. Crawford took questions from the audience:
Selectman Farrell: cited the caps are a problem for him as they degrade and the soil beneath will lech. Mr. Crawford indicated some of the cap will be impermeable, and will be covered by new soil. The contamination that might lechable will be removed. Selectman Farrell questioned how long the cap will last? Mr. Crawford indicated that would depend on the use. Hamilton Sunstrand is committed to the project long term; there will be a long term operation plan which goes on forever. Mr. Crawford didn’t feel the cap on the green fields would be a problem unless someone digs up the area; the cap
near the building would be concrete.
PZC Member Farmer: questioned if the plan should be designed with the potential uses in mind? Mr. Crawford concurred that would be preferable. Mr. Kielbania, (HS), suggested from the audience that a utility corridor would be incorporated into future development plans. Mr. Crawford indicated that some utilities serve the site already, as power and sewer were brought in during renovation into the condominium units. Those utilities would probably be left in place if someone planned to use the
building for light industrial manufacturing.
PZC Member Gowdy: questioned how long Hamilton Sunstrand would be responsible for maintaining this site, and what is the health hazard with coal ash? Mr. Crawford indicated the issues with coal ash is ingestion, and through the skin; he felt someone would have to eat a lot of coal ash to have problems. If anyone were using a stove with ash you would get the same effect. There might also be low risk cancer causing agents. PZC Member Gowdy questioned if the Town would get a Hold Harmless Agreement? Mr. Kielbania (HS), speaking from the audience, suggested that although he couldn’t give a specific number of years the commitment is
indefinitely. Mr. Hamel (CTDEP), suggested there is no limit. He noted the Town is not in the chain of title so there is no need for a Hold Harmless Agreement for the Town. Mr. Kielbania concurred; there is no involvement with the Town at this point.
I/W Commissioner Roloff: questioned how the contaminants would be removed? Mr. Crawford indicated air sparaging is the method for removing the solvents; Mr. Crawford described the process. I/W Commissioner Roloff questioned how long the process would take? Mr. Crawford reported 3 to 4 years. I/W Commissioner Roloff questioned the range of contaminants and chromium on the site? Mr. Crawford noted ______________, with 1PPM at the lowest point. The numbers vary across the site. First Selectman Menard questioned what was an acceptable level? Mr. Crawford reported this is low level solvent contamination; it’s just a
little higher than the State finds acceptable.
PZC Member Farmer: questioned when the site would be useable - in five years? Mr. Crawford explained the process for determining the amount of contamination. Biological degradation takes place underground; nothing is removed. Wells would be put in the ground, the waste comes out in the air, is run through charcoal filters, and the solvents evaporate into the air. Perhaps there could be a portion of the site that could be developable in five years.
PZC Member Thurz: questioned where the two foot and four foot areas of the cap would be located? Mr. Crawford suggested that would be part of the design process; they wouldn’t want to have part of the cap blocking the windows in the building. Mr. Crawford noted there is some asphalt on the site presently - in the site driveway, parking lot, and near the garage. He didn’t feel that material met the specifications for remediation; they may need to extend the cap over the driveway as well.
I/W Commissioner Slate: questioned the direction of the run off? Mr. Crawford indicated Main Street is higher than the site, there is steep run off towards the stream. I/W Commissioner Roloff questioned if the run off will be tested? Mr. Crawford suggested rain just permeates into the ground. The piece near the dam where sediment occurs will be monitored for contamination. Drainage currently collects in an old culvert on site; they would be monitoring that as well. They want to prevent run off from leaving the site. Mr. Crawford indicated they haven’t
seen anything collecting in the pipes. Mr. Hamel reported that all the pipes under discussion have already been tested.
PZC Member Devanney: questioned if heavy construction equipment would come in from Mill Street? Mr. Crawford suggested that’s really the only access for the site. Most construction equipment would remain on site during the remediation process.
Deputy Selectman Hayes: questioned what would be the alternatives - digging out the dirt, etc.? Mr. Crawford replied affirmatively. First Selectman Menard noted that alternative would also cause more disruption. Mr. Crawford indicated there is contamination around the building; they have tested within the building and have not found any contaminants. He suggested there may be some coal ash but that doesn’t give off any vapors. Deputy Selectman Hayes suggested that even today the building could be safely used. Mr. Crawford suggested it would be smart to verify those findings but he didn’t feel there will be any issues. Mr. Hamel (CTDEP) suggested the problem is people coming into contact with the soil. Mr. Kielbania (HS) reported the State did air testing some time ago. Mr. Crawford concurred, noting more testing will be done.
I/W Commissioner Burnham: questioned if Mr. Crawford was a chemist? Mr. Crawford replied not a pure chemist; he is a remedial engineer. I/W Commissioner Burnham questioned that XDD had done many hundreds of sites? Mr. Crawford replied affirmatively. I/W Commissioner Burnham questioned if all were successful? Mr. Crawford concurred, all to some degree. He clarified that XDD is paid by Hamilton Sunstrand to design a system to meet the State and EPA criteria for remediation. Mr. Kielbania (HS) noted some funding is
coming from State bonding. He suggested Hamilton Sunstrand isn’t in the business of being a real estate owner; they want to find a beneficial end use for the site that would benefit the entire community. Over six or seven years many people have been interested in the site - the Town and other private companies. It’s an open issue at present.
Selectman Nelson: questioned what’s the next step? Mr. Crawford suggested it will require 5 to 6 months to do their evaluations - longer to clean up the property. They are getting their remedial action plan approved; this presentation is part of that process through the Town. Then they need to complete their system design and present that design to the CTDEP and the conceptual plan to the EPA. Upon that approval the Town would hold a Public Hearing. The plans would then be finalized with the CTDEP and the EPA; that process can run into the late Fall. Mr. Crawford indicated they need to test the various technologies at the site this Summer and
Fall; the results would be part of the final plan, and remediation could begin next Spring. First Selectman Menard suggested this presentation is part of the preliminary review by the Town; it was thought that it would be beneficial to have members of the Planning and Zoning Commission and the Board of Selectmen as well as the Inland/Wetlands Commission present to hear the presentation. Feedback should be referred to Mr. Crawford prior to the Public Hearing. Mr. Crawford noted everyone wants a plan that everyone will approve; as much feedback as members can present would be beneficial to the project.
PZC Member Farmer: questioned if the State Archeologist has been contacted before the cap goes on the site? Mr. Crawford reported that step is part of the plan for meeting State and Federal compliance. He noted he didn’t think the site was registered with the National Historic Preservation Commission, but that will be reviewed again. The site could still be of historic interest.
Mr. Crawford suggested that starting with the culmination of this presentation it’s important to start getting feedback from the Inland/Wetlands and Planning and Zoning Commissions. Wetlands Agent Bednaz suggested any questions or concerns could be forwarded to her for referral to XDD.
I/W Commissioner Roloff: questioned if Mr. Crawford was equating the cap with the 4’ of soil? Mr. Crawford suggested 4’ of soil and 2’ of impermeable cap; the question is which it might be.
MOTION: To TAKE A FIVE MINUTE BREAK.
Burnham moved/Osborn seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:30 p.m. and RECONVENED at 8:37 p.m.
MOTION: To RECONVENE THE MEETING at 8:39 P.M.
Slate moved/Osborn seconded/VOTE: In Favor: Unanimous
PUBLIC HEARING: 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):
Chairman Ceppetelli read the Hearing description. Appearing to discuss this Application was Attorney T. Mark Barbieri, representing the Applicant, NRT Realty; Robert Trigg, President of NRT Realty; Jay Ussery and Dana Steel, of J. R. Russo & Associates; and Michael Granulati, Soil Scientist. Attorney Barbieri noted Mr. and Mrs. Joseph Lata, owners of the property, and their Attorney, Paul Smith, Esquire, were available in the audience.
Attorney Barbieri noted the Commission had been waiting for an engineering report, and confirmation the comments made by Town Engineer Norton had been addressed.
Wetlands Agent Bednaz referenced Town Engineer Norton’s memo dated 6/16/2008, which she READ FOR THE RECORD. In summarization Town Engineer Norton has noted his comments have been addressed, only the configuration of the temporary outlet remains to be resolved.
Commissioner Savaria questioned if stormwater calculations had been submitted; Wetlands Agent Bednaz confirmed that they had been received and reviewed as indicated in Town Engineer Norton’s previous memo. Commissioner Savaria questioned if there was a spring on the site? Mr. Ussery indicated that at one time there was apparently a spring on this site at. Investigation of ancient deeds referenced water rights, which he felt were in conjunction with a gin manufacturing operation in Warehouse Point in the 1800s. Mr. Ussery indicated they did find a spring near a greenhouse but he felt that was a more recent situation associated with the agricultural operation. There is no water coming from that spring.
Commissioner Savaria referenced Wetlands Agent Bednaz’s comments regarding additional erosion controls within 20’ of the wetlands; he noted there are slopes near Blue Ditch which might benefit from additional erosion controls if the vegetation is taken off during construction. Mr. Steel referenced plan notes regarding the Erosion Control Notes, including construction sequencing. He indicated there is really no vegetation in that area now; it’s an agricultural field. Mr. Steel suggested those soils will be stockpiled; he didn’t see a large concern for erosion in that area. Mr. Ussery noted the plans call for two silt fences backed by hay bales. He felt that configuration is a stronger barrier for erosion. Mr. Ussery also noted the detention basin proposed for that
area will work as a temporary sedimentation during construction.
Chairman Ceppetelli noted this Meeting Agenda includes another Application which is somewhat related to the present Application. If the present Application is acted on tonight he is concerned that the Commission wouldn’t be able to acquire potential information; he questioned if the Applicant could extend the timeframe for the present Application until the second Application was considered. Mr. Ussery felt any information the Commission might need, such as drainage calculations, etc., could be offered by staff. Wetlands Agent Bednaz suggested the Commission could close the Public Hearing on this Application but hold off on the decision until the next meeting which would give her time to prepare approval conditions. The following additional conditions were offered for consideration:
1) that the Applicant submit the GIS information digitally; 2) if anything is done to remove the sedimentation in the detention basin which would cause turbidity the Town must be advised 30 days prior. Mr. Ussery suggested notification 15 days prior due to the difficulty scheduling contractors to clean the detention basins; Wetlands Agent Bednaz suggested 15 days didn’t give her enough time to respond. The 30 day notification remains the timeframe at present. 3) with regard to erosion controls, the applicant must hire an impartial certified specialist in erosion controls, or engineer who knows how to work with different methods of erosion controls, or a soil scientist to monitor the erosion control work. Commissioner Burnham noted that impartial person is paid by the Applicant; he questioned how impartial that person might be? Wetlands Agent Bednaz questioned if the money could be put in a cash bond to control payment to the
contractor. Chairman Ceppetelli questioned if the plans include a Maintenance Schedule? Mr. Steel indicated they had been on the plans previously; Wetlands Agent Bednaz’s request regarding 30 day notification would require another plan modification.
Discussion followed regarding the timing of closing the Hearing, or extension to allow drafting of additional conditions. The Applicant verbally agreed to the extension.
MOTION: To CLOSE the Public Hearing on the Application 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/Slate seconded/VOTE: In Favor: Unanimous
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 [date presented on Agenda]):
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 Applicant; and Richard Pippin, the Applicant.
Mr. Ussery submitted revised plans. He noted that based on concerns raised by the Commission during the previous meetings they have revised the plans to include the following: 1) locations for both houses have been moved further from the wetlands to achieve a greater separation distance; 2) created a greater separation distance from the potential vernal pool; 3) added a vegetated buffer along the driveway; 4) added a .81 acre permanent Conservation Easement 25’ around the vernal pool; 5) added locations for 10’ x 16’ sheds; 6) added a note regarding cleaning up of trash and debris adjacent to the roadway; 7) added hay bales/silt fence detail wherever they will be working within 30’ of the wetlands. Mr. Ussery indicated he felt these two lots can support two single family
residences.
Wetlands Agent Bednaz reported the Applicant has addressed all concerns raised during the meetings.
Chairman Ceppetelli reiterated previous discussion regarding no above ground pools. Mr. Ussery reported they had no problems with that request. Discussion continued regarding a prohibition on inground pools. Mr. Ussery felt water from a failure of an inground pool would be absorbed into the ground, while water from an above ground pool might run down a slope. Commissioner Burnham questioned the need for the condition as all permits for pools must go through the Zoning and Building Departments. Wetlands Agent Bednaz and Chairman Ceppetelli favored the condition to make buyers aware of the requirement; Commissioners Slate and Savaria ultimately agreed with the proposed condition.
MOTION: To APPROVE the Application for 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, with the following conditions:
1) An Inland/Wetlands Permit will be required for all pools on these lots and, depending on size and locations and types, the Permit may or may not be granted.
Burnham moved/Osborn seconded/VOTE: In Favor: Unanimous
NEW BUSINESS/b. Windsorville/Reservoir Road (Glen Reichle) - Application of Glen Reichle to conduct regulated activities associated with constructing and deconstructing a water course 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. (65-day application period ends 8/8/08):
Chairman Ceppetelli read the description of this Item of Business. He noted the Applicant, Glen Reichle, has requested this Item of Business be continued to the next Commission Meeting.
MOTION: To CONTINUE the Application of Windsorville/Reservoir Road (Glen Reichle) - Application of Glen Reichle to conduct regulated activities associated with constructing and deconstructing a water course 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. Application continued until the Commission’s next regularly scheduled meeting on August 6, 2008 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
DISCUSSION: The continuation of the Application will give the Applicant’s engineer time to finish the plans.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
NEW BUSINESS/c. 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. (65-day application period ends 8/8/08):
Chairman Ceppetelli read the description of this Item of Business. Appearing to present the Application was Town Engineer Norton; Mike Granulati, Soil Scientist, was available in the audience.
Chairman Ceppetelli acknowledged receipt of letter dated 6/18/2008 from John and Cyndi Rothwell, under signature of Cynthia Rothwell, owner of 43 Spring Street. The letter summarizes various concerns raised by the Rothwells. Town Engineer Norton reported he is submitting plans revised to 6/26/2008 based on review of Mr. Rothwell’s letter. While he has not yet had an opportunity to correspond with Mr. Rothwell he has worked with Dana Steel of J. R. Russo & Associates regarding plan revisions. Town Engineer Norton has drafted a reply to Mr. Rothwell; he is confident the revised plans have addressed Mr. Rothwell’s concerns.
Town Engineer Norton indicated one of Mr. Rothwell’s concerns is that this is a very flat stream. He noted the profile of the stream is irregular and moves slightly but they are working with the existing conditions; the proposed culvert replacement will improve the current conditions. Town Engineer Norton indicated you will always have ponding in this area from a 50 or 100 year storm.
Chairman Ceppetelli questioned the sizing of the culverts; there is a lot of run off from upstream (Geissler’s, Bassinger’s, etc.). How much room is being provided for expansion? Town Engineer Norton indicated there isn’t a lot of room for expansion based on the location; the culverts proposed on the plan are designed to take a 25 year storm. The existing culverts are silted in. Chairman Ceppetelli questioned what’s being done to address the rising of the Connecticut River? Town Engineer Norton noted he must work around existing utilities; he can’t get anything higher as he has issues with the elevation of the top of the road. He considered going with a wider culvert. Commissioner Burnham suggested the proposal is twice as large as the existing
culvert; Town Engineer Norton and Mr. Granulati felt it was closer to three times as large. Town Engineer Norton noted he would like to work with standard size boxes/culverts. Chairman Ceppetelli questioned if fixing this area would help the backup near the Benson project which was recently approved? Mr. Granulati suggested everything north of Spring Street is on private property. Chairman Ceppetelli indicated some of the overflow is on the Fire Department property; that culvert is overgrown. Mr. Steel, speaking from the audience, indicated they are not cleaning out the end of the culvert with regard to the Benson project, as the culvert is not on their land. Commissioner Osborn noted discussion occurred during the Benson Application in which Mr. Benson said he would look into cleaning out that culvert if the Fire Department gave him permission.
Town Engineer Norton suggested the flow will discharge on the south side of Spring Street; the only time there will be an overflow will be when the river backs up. He can do little to address that problem.
Town Engineer Norton noted the project will go out to bid. Various funding options were discussed.
Town Engineer Norton suggested if the Commission could delay a decision to the next meeting it would give him time to respond to Mr. Rothwell with a written reply. Wetlands Agent Bednaz indicated a downstream homeowner, Mr. Chicone, must be advised and his signature acquired as well. Town Engineer Norton noted additional time will also give him the opportunity to review a design for a 50 year storm.
MOTION: To CONTINUE the Application for 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. Application continued until the Commission’s next regularly scheduled meeting on August 6, 2008 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/a. Tromley Road (Coleman Farms Condominiums) - Application of Coleman Farms requesting extension of existing Inland Wetlands Permit #1305, original date of issuance of November 7, 2001, with conditions to July 31, 2009:
Wetlands Agent Bednaz reported there have been 4 extensions issued for this permit. This is a site were the homeowners association is having problems with the developer because the developer is not able to sell the units and is not doing the work required. Wetlands Agent Bednaz and Town Engineer Norton have completed a site visit; she is preparing a memo outlining the deficiencies with the hope of getting the wetlands issues addressed. The current permit expires 7/31/2008. Wetlands Agent Bednaz recommended not issuing an extension until the site is cleaned up.
No motion was made.
MISCELLANEOUS/a. Board Development - Training/Topics Schedule/1. Packet handouts regarding public meeting process.
Wetlands Agent Bednaz suggested the Commission members review the materials provided in their packets regarding Hearing procedures. Attorney Marjorie Shansky is scheduled to attend the Commission’s August 6th Meeting. Commissioners please note that meeting will begin at 6:30 p.m. to allow time for this discussion.
AGENT DECISIONS/a. 41 Perri Lane (Mark Chevaliar) - To install a 24’ above-ground swimming pool within the URA:
Wetlands Agent Bednaz reported the homeowner is proposing to install an above-ground pool in the rear of the house 60’ to 65 from the wetlands. The slopes are not steep; minimal disturbance will occur. She has added conditions to the permit regarding the discharge of water.
AGENT DECISIONS/b. 247 South Main Street (Cota Construction, LLC) - To use and operate a contractor’s storage yard within the URA:
Wetlands Agent Bednaz reported this property is an auto repair shop located across the street from the Balch auto dealership. Cota Construction has stockpiles on the property. The location is a planning issue; the business is located in an agricultural zone which is a zone which doesn’t permit a storage area.
AGENT DECISIONS/c. 94 Newberry Road (R & R Tool & Die, LLC) - Re-establish parking area, alterations and maintenance to existing parking drain, install a 20’ x 20’ concrete pad and a 3’ by 60’ concrete walkway within the URA:
Wetlands Agent Bednaz reported this businessowner was regrading an area of the parcel to reinstall a failing loading dock, and was cleaning out the pipe to the drainage culvert. The permit was issued as a result of a complaint received in the Planning Office.
AGENT DECISION/d. 30 Apothecaries Hall Road (EW Sportsman Club, Inc.) - Re-grade shooting berms within the URA:
Wetlands Agent Bednaz reported the club is doing minimal grading but the property is adjacent to a sensitive bog, which is downhill from the club property. There is a berm between the club property and the bog. She has recommended that the club stay 130’ away from the resource area.
VIOLATIONS/a. 10 Shoham Road (USA Hauling) - Installation of a perimeter access road within regulated area without an Inland Wetlands Permit:
Wetlands Agent Bednaz reported this businessowner has brought fill onto the site; she questions if the wetlands limit has been filled. There are fill and discharge issues with regard to this site. She has received a letter from William Palmberg & Son outlining what they propose to do. USA Hauling has been very responsive; they will appear before the Commission with an application in regard to the area outlined on the sketch provided with the Commission’s packet.
STATUS REPORTS/a. Newberry Village - Site inspections:
Wetlands Agent Bednaz reported that she visited the site after one of the recent intense rain events; there are many areas of the site that are not holding up. She is not letting the developer open up any more of the site because he is not maintaining erosion controls.
Commissioner Osborn recalled that George Logan (soil scientist) was to monitor the site. Wetlands Agent Bednaz felt it was not daily monitoring; Chairman Ceppetelli thought it was to be continual monitoring. Commissioner Osborn felt Mr. Logan’s role was to protect the habitat. Wetlands Agent Bednaz suggested the existing permit be modified because the developer is in the second of five phases of this project. She noted the site is tight. The developer is doing selective cutting but the line is right on top of the pools. She noted there is an extensive - 30 acre - Conservation Easement on this parcel. Wetlands Agent Bednaz recommended the Commission members visit the site.
MOTION: To GO OUT OF AGENDA ORDER and take Item IV - Approval of Minutes - 5/07/08, and 6/4/08.
Burnham moved/Slate seconded/VOTE: In Favor: Unanimous
MOTION: To APPROVE the Minutes of Regular Meeting dated 5/07/2008 as amended.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
MOTION: To APPROVE the Minutes of Regular Meeting dated 6/4/2008 as amended.
Burnham moved/Slate seconded/VOTE: In Favor: Unanimous
MOTION: To GO BACK TO THE AGENDA ORDER AS POSTED to take Item XIII, CONFERENCES/SEMINARS/TRAINING.
Osborn moved/Savaria seconded/VOTE: In Favor: Unanimous
CONFERENCES/SEMINARS/TRAINING: No discussion.
CORRESPONDENCE:
Commissioner Osborn reported he received a complaint that Broad Brook Pond along Depot Street near Sadds Mill was very muddy; people were unable to fish. Wetlands Agent Bednaz indicated she would check the condition of the brook but questioned if it was just run off soils from farming operations.
Chairman Ceppetelli cited 222 North Road, and questioned if the homeowner had been filling in front of the home? Wetlands Agent Bednaz reported she has spoken with the homeowner; Town Engineer Norton has visited the site. The pipes that were put in were in the upland review area but trees were cut from the wetlands. The homeowner has been asked to come for a permit but has not yet done so.
Chairman Ceppetelli referenced the homeowner on Mahoney Road who was issued a Cease & Desist Order, noting there appears to be fresh fill on the site again. Wetlands Agent Bednaz will investigate.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:25 p.m.
Osborn moved/Savaria seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
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