TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Special Meeting
August 6, 2008
**** Draft Document - Subject to Commission Approval ****
CALL TO ORDER: Vice Chairman Ceppetelli called the Meeting to order at 6:40 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 (arrived at 7:07 p.m.), Michael Koczera (arrived at 7:25), Kathryn Roloff, Ronald Savaria, Michael Sawka (arrived at 7:14 p.m.), and Robert Slate.
Unable to Attend: Regular Member John Malin, and Richard Osborn
Guests: Attorney Marjorie Shansky, Deputy Selectman Gil Hayes, and Town Engineer Len Norton.
Vice Chairman Ceppetelli noted the establishment of a quorum with three Regular Members and one Alternate Member present at the beginning of the Meeting; two more Regular Members and one Alternate Member arrived prior to the beginning of the Business Meeting. He noted Regular Member Roloff has now been sworn in and can participate in decisions made this meeting. Also in attendance was Wetlands Agent/Zoning Enforcement Officer Bednaz.
MOTION: To GO OUT OF THE POSTED AGENDA ORDER TO TAKE ITEM IX. MISCELLANEOUS/a. Board Development - Training/Topics Schedule/I. Public meeting/hearing process presentation by Attorney Marjorie Shansky from New Haven, CT.
Slate moved/Savaria seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/a. Board Development - Training/Topics Schedule/I. Public meeting/hearing process presentation by Attorney Marjorie Shansky from New Haven, CT.
Attorney Shansky spent over an hour reviewing the following: 1) the importance of the Commission’s bylaws, and the clarify of same to aid interpretation, 2) various procedural requirements regarding application review, member eligibility requirements for making decisions, and when to take public input, 3) requirements for setting and conducting public hearings, and 4) review and requirements of the Intervenor process,
MOTION: To GO OUT OF THE POSTED AGENDA ORDER TO TAKE ITEM X. AGENT DECISIONS/a. 45 Perri Lane (Theresa Denis) - To install a propane tank, grade yard, install above ground pool and plant trees within URA:
Slate moved/Savaria seconded/VOTE: In Favor: Unanimous
AGENT DECISIONS/a. 45 Perri Lane (Theresa Denis) - To install a propane tank, grade yard, install above ground pool and plant trees within URA:
Wetlands Agent Bednaz reported the Applicant is proposing to install a propane tank presently; over time she plans to install an above ground pool. There are many pools in the neighborhood. The proposed location of the pool is no closer to the Upland Review Area than any of the neighbors pools. Wetlands Agent Bednaz noted she is adding a condition to the permit that no water can be discharged into the wetlands.
The Commission concurred with the Agent’s decision; no motion was made.
ADDED AGENDA ITEMS: None.
APPROVAL OF MINUTES: Postponed.
MOTION: To GOT OUT OF THE POSTED AGENDA ORDER TO TAKE ITEM V. PUBLIC HEARINGS (on Inland Wetlands applications)/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. Public hearing closed July 2, 2008. (Deadline for decision is 8/9/08).
Savaria moved/Burnham seconded/VOTE: In Favor: Unanimous
PUBLIC HEARINGS (on Inland Wetlands applications)/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. Public hearing closed July 2, 2008. (Deadline for decision is 8/9/08).
Chairman Ceppetelli READ FOR THE RECORD Wetlands Agent Bednaz’s memo of July 30, 2008 which outlined additional conditions regarding approval of the subject Application. The Commission revised Condition #7 to read as follows: “The applicant shall retain a professional engineer to oversee the construction of all improvements and related facilities and certify at the completion of construction - prior to granting of the Certificate of Occupancy - that they have been constructed in accordance with the approved plans.”
Chairman Ceppetelli noted the conditions have been discussed with the Applicant, and are acceptable them.
MOTION: To APPROVE the Application - 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.
Burnham moved/Slate seconded/
VOTE: In Favor: Burnham/Ceppetelli/Savaria/Slate
CONTINUED APPLICATIONS OR BUSINESS/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. (65-day application period ends 8/8/08).
Chairman Ceppetelli noted receipt of correspondence from David Askew, District Manager of the Central Conservation District, Inc. regarding recommendations for removal of the culvert and stream restoration. The correspondence indicated Mr. Askew had visited the site with Mr. Reichle to determine the extent of the project.
Chairman Ceppetelli also noted the East Windsor Park, operated by the Town of East Windsor Park and Recreation Department, is downstream of the location of this proposed work. The Park and Recreation Department has asked that this work be delayed until the park is no longer open for the summer season (after Labor Day).
Wetlands Agent Bednaz confirmed that there will be no submission of plans for this project. Under Army Corp of Engineer (ACOE) guidelines this work would be considered a farming activity and would fall within a farming exemption, although the Applicant must follow best management practices to complete the work. Chairman Ceppetelli noted Wetlands Agent Bednaz and Town Engineer Norton will be involved in determining the width of the stream, and monitoring erosion controls.
Mr. Glen Reichle, of 27 Harrington Road, stepped forward to report his disagreement with some recommendations made by Mr. Askew. Mr. Reichle reported he wasn’t interested in planting dogwood trees and grasses, or maintaining them. Mr. Reichle offered photos to the Commission indicating what the property looks like in its natural condition; the photos were not left for the file. Wetlands Agent Bednaz reported she assumed Mr. Askew was working with Mr. Reichle and that Mr. Reichle was in agreement with the recommendations made in the correspondence. Mr. Reichle indicated he didn’t want to work in a dry basin, nor plant trees and grass that were not there prior to his disturbance of the area. He indicated he just wants to take out the 2 pipes and let it run.
Commissioner Savaria questioned the timeframe for the work; Mr. Reichle indicated he could do the work tonight while Mr. Askew’s plan would take 3 days. After some discussion the Commission indicated they would like to see plans of the proposed activity, including plans for stabilization of the area. Wetlands Agent Bednaz noted Mr. Reichle will need to submit a request for an extension of the Application period.
MOTION: To CONTINUE THE APPLICATION 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. Application is continued until the Commission’s next regularly scheduled meeting on September 3, 2008 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/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. (65-day application period ends 9/5/08):
Appearing to discuss this Application was Town Engineer Norton and Dana Steel, of J. R. Russo & Associates.
It was noted that culvert calculations for a 25 year storm had been provided at the previous meeting. Town Engineer Norton reported that prior to that meeting he had received a letter from Mr. John Rothwell, an abutter to the area of the proposed activity, which contained several comments and questions regarding the potential work. Town Engineer Norton believed that all Mr. Rothwell’s concerns had been addressed; Mr. Steel indicated he, too, believed Mr. Rothwell’s concerns had been addressed as he had received a letter from and had spoken on the phone with him. Wetlands Agent Bednaz concurred, noting that two nearby property owners had signed the Application indicating their approval of the project.
Mr. Steel reported they will be replacing the culvert currently existing under Spring Street and Holcomb Terrace, and remove sediment from the ditch and create a channel 4’ wide with a 3:1 side slope so the water has a way to get out of the area. Mr. Steel indicated there is sewer and water above the culvert on Spring Street which they must go under; they will be working in a tight area and can’t raise the culvert any higher to create any additional vertical storage. Using a wider culvert requires more concrete which reduces the amount of open area for storage and becomes counterproductive.
Mr. Steel noted a question had been raised at the previous meeting as to what would happen to this area during times of a shorter duration storm if the proposed plans designed to accommodate a 25 year storm were in place? He reported he reviewed the rainfall data provided by the DEP and found that a shorter duration storm involves an intense event but it is still classified as a 100 year storm as defined by statistical probability of the storm’s occurrence rather than the quantity of water falling. Mr. Steel reported the probability for a 100 year storm is 1% in any given year, while the probability for a 50 year storm is 2% and a 25 year storm is 4%. He noted he has provided the calculations to Town Engineer Norton, and the property owners. During the shorter duration storm the actual
peak flow is actually less than a 25 year storm at the standard duration. Mr. Steel suggested in his opinion you wouldn’t have that type of storm without flooding from the Connecticut River; the wider culvert wouldn’t handle the capacity any better. Chairman Ceppetelli questioned the possibility of piping the area? Town Engineer Norton suggested you would then have a flat pipe at some point, which would then back up; it’s better to have a channel for maintenance purposes.
Wetlands Agent Bednaz noted the second property owner, Mr. Chicone, presently has access to a rear field which is a gravel access. That access is being removed; notes need to be added to the plan indicating that action. Mr. Chicone has requested that a gate be provided instead to allow access to that field; Mr. Steel concurred with the recommendation. Wetlands Agent Bednaz also requested that the work be done during a period of low flood conditions. Chairman Ceppetelli requested the Applicant think about adding underground utilities if possible.
MOTION: To APPROVE 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, with the following additional conditions:
1) Provide storm flow calculations
2) Add note to plans that gravel access to Chicone property to be abandoned, gate to be added to east of crossing.
3) Work/construction to be done during low flood conditions
4) Evaluate provisions for underground utilities.
Burnham moved/Koczera seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A TEN MINUTE BREAK.
Koczera moved/Burnham seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:40 p.m. and RECONVENED at 8:50 p.m.
MOTION: To RECONVENE THE MEETING AT 8:50 P.M.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/c. 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. (65-day application period ends 9/5/08):
Appearing to discuss this Application was Attorney Len Jacobs, and the property owner, Sebby Testa. Attorney Jacobs indicated they are requesting a one year extension on the existing wetlands permit as sales of units in this Active Adult Housing community have slowed due to the economy.
Wetlands Agent Bednaz reviewed various items noted in her June 24th memo, noting those completed and those remaining to be worked on. Most major issues have been addressed; the Applicant has had a good response time taking care of the actions requested and she feels he will continue to work with her on the remaining issues.
MOTION: To APPROVE THE PERMIT EXTENSION (Permit #1305) for Tromley Road (Coleman Farms Condominiums to July 31, 2009.
Burnham moved/Slate seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/d. 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. (65-day application period ends 9/5/08):
LET THE RECORD SHOW Commissioner Koczera stepped down from service on the Board.
Appearing to discuss this Application was Attorney Carl Landolina, Jay Ussery of J. R. Russo & Associates, and James Georgio, principal of Newberry Road, LLC.
Chairman Ceppetelli noted receipt of letter from former Inland/Wetlands Chairman Linda Kehoe; he READ SAME FOR THE RECORD. Her letter citing the sensitivity of the site, the care taken by the Inland/Wetlands Commission to ensure as much protection as possible for the wetlands and vernal pools in the area, and the need to maintain those controls - which include phasing plans - going forward. It was noted that soil scientist, George Logan, remains a consultant for the project on an on-going basis.
Wetlands Agent Bednaz also noted receipt of letter from Kevin Leslie, of the WPCA, noting the Applicant has submitted a sewer modification plan which is under their review. The modification will be allowed pending approval by the Inland/Wetlands Commission
Lengthy discussion followed. The Applicant is requesting a revision in the original phasing plan.
In December, 2006 the original phasing plan was modified to allow construction of the original phase 4 first, which is the work currently being done by the Applicant. Additional land has been purchased by the Applicant which includes original phases 1 and a portion of the original phase 3. He would like to commence construction of those phases next to meet his market demand. This revision becomes a modified phase 1 for the current applicant. The Commission reviewed several maps, including one depicting the original phases and noted to show the current revised phasing lines; other maps under the Commission’s review at the meeting included revised plans showing the current phasing as identified by the Applicant.
Mr. Ussery noted condition #14 of the existing permit requires installation of utilities in phases 1, 2, and 3 until “successful completion” of the new phase 4. The Applicant is requesting approval to begin construction of utilities in the revised phase 1.
Discussion followed regarding the reconfiguration of the original phase 1 lines to address set back line issues; it was noted that line was modified via staff approval. Chairman Ceppetelli noted the intent of the original phasing was to maintain control over the site and to protect sensitive vernal pools. Discussion followed regarding the affect of the reconfiguration of the phase lines on the original intent of the Commission. The requested reconfiguration of the Applicant’s (current) phase 1 includes 7 new/additional units which will allow the Applicant to meet contractual commitments for the sale of units located beyond the limits of the original phase 1. Discussion continued regarding the affect of the expansion of the Applicant’s phase 1, and the additional area to be opened. Chairman Ceppetelli noted soil scientists was called to the site several times to review issues, including identification of specific trees to be maintained on the site. It was noted the tree
identified on the plans to be removed is not one of those cited for preservation; it needs to be removed to allow clearing for the sewer.
Discussion turned to interpretation of “successful completion” for the original phase 4 (which is part of the current Applicant’s phase 1). Wetlands Agent Bednaz indicated it is her opinion that the site is approximately 70% completed/stabilized. The Commission concurred its agreement with Wetlands Agent Bednaz’s recommendation.
Discussion continued for some time on the condition of the existing site, the affect of expansion on the sensitive environmental areas, and the Applicant’s track record to date.
MOTION: To APPROVE PHASE I of the Application for 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. Phase I is shown on Phasing Plan Resubdivision/Special Permit Newberry Village, Map 15, Blk 17, Lots 19, 20 & 21, LTP Realty Inc., prepared by J. R. Russo & Associates.
Burnham moved/Slate seconded/VOTE: In Favor: Unanimous
MOTION: To APPROVE THE SEWER MODIFICATION for the Application for 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. Sewer line configuration is shown on Topo Plan Resubdivision/Special Permit Newberry Village Map 15, Blk 17, Lot 19, 20 & 21, LTP Realty Inc., prepared by J. R. Russo & Associates.
Roloff moved/Slate seconded/VOTE: In Favor: Unanimous
LET THE RECORD SHOW Commissioner Koczera returned to service on the Board.
MOTION: To EXTEND THIS MEETING.
Savaria moved/Burnham seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/a. Scantic River from Enfield to S. Windsor Town lines - Application of the American Heritage River Commission requesting a ruling of the Agency for a non-regulated use. The application requests to restore the navigability of the Scantic River in the Town of East Windsor by selectively cutting a path thru trees and snags that are across the River:
Dick Sherman, Chairman of the American Heritage River Commission, appeared before the Commission to describe a plan for “clearing a hole” through the Scantic River, beginning from the filter beds on the curve on Mill Street to Omelia Road, to allow passage of the river by canoes and kayaks.
MOTION: To RECEIVE the Application - Scantic River from Enfield to S. Windsor Town lines - Application of the American Heritage River Commission requesting a ruling of the Agency for a non-regulated use. The application requests to restore the navigability of the Scantic River in the Town of East Windsor by selectively cutting a path thru trees and snags that are across the River.
Koczera moved/Slate seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/b. Wapping Road - Application of the Town of East Windsor requesting to conduct regulated activities associated with drainage improvements within the town right-of-way along Wapping Road.
MOTION: To RECEIVE the Application of Wapping Road - Application of the Town of East Windsor requesting to conduct regulated activities associated with drainage improvements within the town right-of-way along Wapping Road.
Burnham moved/Roloff seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/c. Lot 4, 5, and Parcel A Winkler Road - Application of Gerald Wilcox to conduct regulated activities associated with clear cutting within the Upland Review Area to convert land to farmland, installation of an access road and farm p pond. Total parcels are 3.25 acres, located on Winkler Road:
Wetlands Agent Bednaz noted this Application can be heard this evening as it was received within the regulatory timeframe for consideration at this meeting. Appearing to discuss this Application was Gerald Wilcox, owner of the property. Essentially Mr. Wilcox wants to provide access from one parcel to another to allow farming activities to occur, and to construct a farm pond to service those farming activities.
The configuration and capacity of the proposed farm pond was discussed; Mr. Wilcox maintains that nothing from an existing swampy area currently flows onto other people’s property.
Mr. Wilcox is also asking for a waiver of application fees, as he feels DEP guidelines allow exemptions for farm ponds. For comparison purposes Wetlands Agent Bednaz suggested Mr. Wilcox’s application is similar to one recently reviewed by the Commission for another applicant - Mr. Dearborn. She also referenced the same document Mr. Wilcox had referenced; her interpretation is that for the exemption to occur the farming activities must already exist. Discussion continued for some time regarding the interpretation of this document, and its relation to Mr. Wilcox’s application. Mr. Wilcox is not currently farming the property; it is his intent to do so after construction of the wetlands crossing and construction of the farm pond. Wetlands Agent Bednaz noted Mr. Wilcox is requesting
a reduction of the $300 fee for commercial activity reduced to $100; there is an additional charge for activity within a uplands review area as Mr. Wilcox wants to clear that area out, including removal of stumps. It was noted that the fees are relative to the amount of area of disturbance. Discussion continued regarding the purpose of the farm pond, and must farming already be occurring to initiate the exemption.
LET THE RECORD SHOW Commissioner Koczera left the meeting at 11:00 p.m.
MOTION: To REMOVE THE POND SQUARE FOOTAGE AS CALCULATED AND SHOWN ON PLAN FROM FEE SCHEDULE AND REDUCE THE BASE APPLICATION FEE FROM $300 TO $150.
Slate moved/Sawka seconded/VOTE: In Favor: Unanimous
MOTION: To TABLE ITEM XI. VIOLATIONS (for action or show-cause hearing)/a 10 Shoham Road (USA Hauling) - Status update, and b. 45 Miller Road (Emil & Rite Mulnite) - Clear cutting of trees immediately adjacent to the Dry Brook. Items TABLED until the Commission’s next regularly scheduled meeting on September 3, 2008 at 7:30 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Sawka moved/Burnham seconded/VOTE: In Favor: Unanimous
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 11:12 p.m.
Burnham moved/Slate seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
| 
