TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
September 3, 2008
***** Draft Document - Subject to Commission Approval *****
CALL TO ORDER: 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), Michael Koczera, John Malin, and Richard Osborn, and Alternate Members John Burnham, and Kathryn Roloff.
Unable to Attend: Regular Members Ronald Savaria, Michael Sawka, and Robert Slate.
Chairman Ceppetelli noted the establishment of a quorum with four Regular Members and two Alternate Members; all Members will sit in on votes this evening. Also in attendance was Wetlands Agent/Zoning Enforcement Officer Bednaz.
ADDED AGENDA ITEMS:
Chairman Ceppetelli noted receipt of an Application from Southern Auto Sales, Inc. to be heard under NEW BUSINESS; he read the description of the Agenda Item FOR THE RECORD.
MOTION: To ACCEPT UNDER NEW APPLICATIONS TO BE RECEIVED/A. Southern Auto Sales, Inc. - Application of Southern Auto Sales, Inc. to conduct regulated activities associated with the construction of an inventory holding area. Total parcel is approximately 213 acres located at 161 South Main Street, served by public water and sewer.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES - 7/2/08, 8/6/08:
MOTION: To ACCEPT the Minutes of Regular Meeting dated July 2, 2008 as
amended.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
MOTION: To ACCEPT the Minutes of Special Meeting dated August 6, 2008 as amended.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/1) 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 continued until 9/3/08):
Chairman Ceppetelli read the description of this Item of Business. Available in the audience for discussion was the Applicant, Glen Reichle.
Wetlands Agent Bednaz reported a meeting was held with herself, Mr. Reichle, and Town Engineer Norton; they reviewed the proposal made by David Aschew and made revisions they felt were appropriate. A memo from David Askew, District Manager of the Central Conservation District, Inc. describing those revisions was handed out to the Commission this evening. Wetlands Agent Bednaz read those comments/recommendations, noting that under item #4 of the Proposed construction sequence “professionals” who will provide assistance with estimating stream width will be Town Engineer Norton as Wetlands Agent Bednaz is leaving East Windsor’s employment tomorrow. Wetlands Agent Bednaz felt the stream was probably at its lowest level at present, and East Windsor Park is closed for
swimming for the season; she suggested the Commission set a schedule for reconstruction of the stream. Mr. Reichle, speaking from the audience, indicated he probably could get the work completed by Thanksgiving. It was agreed Mr. Reichle agreed to coordinate his work with Town Engineer Norton.
MOTION: To APPROVE the Application of 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, with the following condition:
1) That the work is completed by Thanksgiving, 2008, if at all possible.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/2) Lot 4, 5, and Parcel 2 Winkler Road - Application of Gerald Wilcox requesting 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 pond. Total parcels are 3.23 acres, located on Winkler Road. (65-day application period ends 10/10/08):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was the Applicant, Gerry Wilcox. Later in the discussion Town Engineer Norton offered his assistance; Allan Carpenter, who represented himself as a licensed engineer in Connecticut offered commentary during the presentation.
LET THE RECORD SHOW Commissioner Koczera stepped down from service during this Application.
Chairman Ceppetelli noted receipt of a copy of letter dated 8/28/2008 from Gerry Wilcox to Town Planner Whitten which was provided for the Commission this evening. The Commission took a minute to read the letter. Chairman Ceppetelli noted that Wetlands Agent Bednaz had provided a memo pointing out issues which have occurred since the Commission’s previous meeting. Wetlands Agent Bednaz READ HER MEMO FOR THE RECORD.
* Fees have been paid
* The farm pond continues to be included as part of this Application, the purpose of which is to provide storage for storage area being lost due to the construction of the road.
* Installation of the pond will decrease the depth of the wetland in the pond, which has the potential to impact adjacent wetlands. Recommendation is made to require the submission of water table elevations in this area. Requiring the pond to be located adjacent to the wetlands vs. within the wetland may reduce any potential impacts to the existing wetland.
* Plan date stamped 8/18/08 now includes a single family house located on parcel 1; Note: the house was not requested as part of this Application. Recommendation is made to clarify this discrepancy.
* The Applicant is proposing a 25’ vegetated buffer on the northerly edge of the wetland. Recommendation is made to consider if the 25’ distance is adequate, and to consider if the addition of a wood chip berm may prevent soil from migrating into the wetlands.
* Recommendation that permit conditions include the requirement that construction activities occur when the wetlands is dry, and that town staff be notified 7 days prior to beginning construction activities so they can verify the site conditions.
* Recommendation that erosion controls be installed within the wetlands area to contain areas of disturbance during construction, and that controls remain until the
areas are stabilized. A further recommendation that detailed stabilization measures be provided to the Commission.
* Recommendation that a permit condition be included to specify that any and all dewatering activities shall be conducted so that water discharged is to an upland area and conducted in a manner that will not disturb wetlands.
Referral to Mr. Wilcox’s letter dated 8/28/2008 indicates a change of location for the pond is not an option. Wetlands Agent Bednaz advised the Commission that the installation of the pond as proposed will increase the depth of the wetlands in the pond location. During a wet environment there will be no place for the water to go; it will spill over Mr. Wilcox’s spillway into the adjacent parcel (the left hand corner of the map provided by Mr. Wilcox and date stamped by the Planning Office 8/18/08). Mr. Wilcox has not provided any hydrology calculations to support his plan.
Chairman Ceppetelli noted receipt of memo dated 9/3/08 from Town Engineer Norton indicating the following comments:
* Correspondence of 8/18/08 discusses additional square feet of volume, which is a measurement of area, not volume.
* Plan provided contains a signature and corporate seal for a construction company, not a licensed engineer, if that was the Commission’s request.
* Correspondence and sketch plan of 8/27/08 discusses increasing the volume of wetlands in the pond area by 120.59 cubic yards. Town Engineer Norton felt the Applicant was saying he would be increasing the ability to store runoff in the wetlands by that amount. Noting that the contours are fairly flat and the area of excavation is in the wetlands Town Engineer Norton expected that the ground water table is near, if not at, the surface. If that is the case then digging a hole will create the pond, but a hole full of water doesn’t add volume for runoff storage. If that pond becomes full of water there will be no place to store the additional water. Recommendation is made to have test pits
made outside of and adjacent to the wetlands to determine the elevation of the groundwater table.
* Recommendation that any calculations and plans submitted to the Commission be prepared and signed by the appropriate licensed professionals.
Wetlands Agent Bednaz provided the Commission a fax notification indicating a copy of Town Engineer Norton’s memo was sent to Mr. Wilcox this evening at 4:32 p.m.
Town Engineer Norton was present in the audience, he reiterated a pond located as Mr. Wilcox is currently proposing won’t store additional water; if Mr. Wilcox is trying to prevent more run off then he needs to do something different. Town Engineer Norton noted that Mr. Wilcox did not provide any calculations to back up the depth and size of the proposed pond. Mr. Wilcox indicated he “shot” the bottom of the pond and the high water table, the cubic yardage gained by dropping the pond 1’ (one foot) is more than the cubic yardage within the area of the access road to the farm. There is a wetlands channel
between the properties; referencing a point on the plan Mr. Wilcox suggested nothing will be happening “here” - the water will run through the channel between the neighbor’s
property. Mr. Wilcox felt he was entitled to have the road to access property to the rear, on which he is paying taxes. He is willing to give the Town a conservation Easement within wetlands on the east side of the property; he is willing to sacrifice that area. Mr. Wilcox cited again the Statute he referenced at the previous meeting which he interpreted as allowing him to create the pond without a permit. Mr. Wilcox indicated the neighbor was all for this project. Chairman Ceppetelli asked if Mr. Wilcox had a letter supporting that statement? Mr. Wilcox said he did not have a letter but had talked to the abutter; he felt he could acquire the letter requested.
Chairman Ceppetelli felt it was important that the hydrolic information be provided by a licensed engineer or a soil scientist. Wetlands Agent Bednaz recommended a soil scientist would be more appropriate at this time of year, as they would be better able to determine the high and low water table.
Commissioner Roloff questioned Mr. Wilcox how the volume of the pond was calculated? Town Engineer Norton questioned if the farm pond was being put in as a farm pond to irrigate crops, or as a storage pond to deal with run off? Mr. Wilcox indicated he can back off on the pond tonight and just do the road. Chairman Ceppetelli noted part of the pond is mitigation for the amount of wetlands being filled.
Allan Carpenter stepped forward, identifying himself as a licensed engineer in Connecticut. He indicated he walked this property in March and did a plan to do a survey but hasn’t been involved further until Mr. Wilcox called him today and asked him to come in. Mr. Carpenter indicated he felt Mr. Wilcox wanted to compensate for wetlands being taken up by the road. He recalled the area being flat and subject to seasonal inundation; the responsible thing to do is to compensate. He can provide the hydrology calculations needed, but would like to meet with Town Engineer Norton. Mr. Wilcox indicated he didn’t mind going along with these suggestions but noted it’s September, he needs to get the road in to clear the land; give him access to the back of the property tonight.
Mr. Wilcox and Mr. Carpenter paused for a few minutes to confer over the proposed plans submitted by Mr. Wilcox.
Chairman Ceppetelli reiterated there are a number of things that need to be resolved, including the hydrology calculations, the hydrology study, the letter from the neighbor. Mr. Wilcox and Mr. Carpenter continued to review the plans as they paused during the presentation.
Commissioner Roloff questioned Mr. Wilcox how he came up with the calculations, how did he determine the volume of the pond, and what his definition of pervious materials was? Mr. Wilcox indicated he “shot” the bottom of the existing grade to get the high
groundwater level, then calculated what he felt would be disturbed by the roadway; he suggested by dropping the pond 1’ within the existing pond it’s way greater in volume.
Commissioner Roloff questioned how the pond is fed now? Mr. Wilcox indicated it’s run off. He again cited the Statute regarding farm ponds. Chairman Ceppetelli noted the proposal submitted is over the 5,000 cubic yard threshold for submitting an application to the Army Corp of Engineers (ACOE); he questioned if Mr. Wilcox had made that submission, or did he feel he needed it? Mr. Wilcox indicated he felt he didn’t need to submit the application to the ACOE. Chairman Ceppetelli felt staff should confer with the ACOE regarding this application.
Wetlands Agent Bednaz indicated that with the pond being located as proposed it throws the application volume over the ACOE threshold. She concurred that Mr. Wilcox did have a right to get to the rear property. As an alternative she suggested Mr. Wilcox connect the disturbed wetlands to a small adjacent wetlands and the connection of the two would provide mitigation for the impact proposed.
Commissioner Burnham felt Mr. Wilcox needed to return to the Commission with revised plans rather than working out revisions in the audience. Mr. Wilcox indicated he felt everything was ok, and then received additional correspondence; he indicated he hadn’t had sufficient time to prepare for this meeting. Commissioner Roloff noted that at the previous meeting the Commission raised several issues; she herself raised several questions, yet Mr. Wilcox returned to this meeting with the same plan. Mr. Wilcox felt the discussion only involved fees. Chairman Ceppetelli noted the following items which require resolution:
* Letter from abutting property owner regarding this proposal
* Calculations for the exact amount of area being filled, and how that will be mitigated.
* Discussion in memos of a 25’ buffer regarding run off and berm to be located on the left hand side of the plan; detail what same will be made of; show buffer and berm on plan.
* Hydrology test pits to be performed by a soil scientist to indicate elevation of high water table.
MOTION: To CONTINUE the Application of ) Lot 4, 5, and Parcel 2 Winkler Road - Application of Gerald Wilcox requesting 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 pond. Total parcels are 3.23 acres, located on Winkler Road UNTIL THE COMMISSION’S REGULARLY SCHEDULED MEETING ON OCTOBER 1, 2008 AT 7:30 P.M. IN THE TOWN HALL MEETING ROOM, 11 RYE STREET, BROAD BROOK, CT.
Burnham moved/Roloff seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Burnham moved/Roloff seconded/VOTE: In Favor: Unanimous
LET THE RECORD SHOW Commissioner Koczera returned to service on the Board.
CONTINUED APPLICATIONS OR BUSINESS/3) 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. (65-day application period ends 10/10/08):
Chairman Ceppetelli read the description of this item of business. Appearing to discuss this Application was Town Engineer Norton.
Town Engineer Norton noted this road suffers much water and ice during the Winter season. The people on the west side of the road have to pump water out of their property; sometimes that water enters the road. He is proposing to install 4’ sump pumps in the catch basins; water will be discharged to the Windsorville Pond. Plans include the installation of a plunge pool and riprap in the area of discharge. Town Engineer Norton noted Wetlands Agent Bednaz had asked him to approach a neighbor for an easement to install a wet pond to provide added filtration (to reduce algae accumulation and nutrient impact on the pond), but the neighbor denied that request.
MOTION: To APPROVE 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/Koczera seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/4) Scantic River from Enfield to South 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. (65-day application period ends 10/10/08):
Chairman Ceppetelli read the description of this Item of Business. Dick Sherman, who had been present earlier in the meeting, has left. Chairman Ceppetelli noted Mr. Sherman made a brief presentation at the previous meeting; the proposal is to clear fallen trees and entanglements in the Scantic River watercourse to provide the ability to canoe and kayak down the river. Wetlands Agent Bednaz indicated the activity is Permitted-As-Of-Right under Section 4.2 of the Inland/Wetlands Regulations. The Commission needs to make a Jurisdictional Ruling on the proposal.
MOTION: To APPROVE the Application of Scantic River from Enfield to South 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. The Commission has made a Jurisdictional Ruling based on the interpretation that this activity is Permitted-As-Of-Right and doesn’t require a Permit under Section 4.2 of the Inland/Wetlands Regulations.
Koczera moved/Burnham moved/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/Southern Auto Sales, Inc. - Application of Southern Auto Sales, Inc. to conduct regulated activities associated with the construction of an inventory holding area. Total parcel is approximately 213 acres located at 161 South Main Street, served by public water and sewer.
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates. Chairman Ceppetelli noted the Applicant has requested a Public Hearing be held on this Application.
LET THE RECORD SHOW Commissioner Burnham stepped down from service on the Board.
Mr. Ussery noted the Application is for the expansion of the east lot of Southern Auto Sales (SAS) at the main location. He indicated a lot of the work is within 150’ of the upland review area; there are 3 different watersheds involved with water going in 3 different directions. They will have 3 water detention basins. The area of disturbance is 4,000 cubic yards. Mr. Ussery indicated they have a report from Michael Granulati to present during the Application.
Chairman Ceppetelli noted that this proposal would constitute a complex application; with Wetlands Agent Bednaz leaving he questioned if the Applicant would be opposed to having a third party review the Application? Mr. Ussery indicated the Applicant would have no problem with that proposal. Wetlands Agent Bednaz reported that the fee for this proposal is $17,000 because of the amount of impervious area involved. Those fees would to go towards review of the Application, including the cost of the third party; she felt that because of the size of the fee the Applicant probably would not incur any additional fees. Mr. Ussery noted on other applications for SAS staff has sent them to David Aschew; he suggested if the Commission felt that was appropriate they would refer this application to him as well. Wetlands Agent Bednaz suggested the application could be referred to the Environmental Review Team (ERT) which is made up of experts in the field who provide this review service
free. Mr. Ussery concurred they are very thorough but are also very slow; the last time they used the ERT it took several months to get a response. The Applicant would like to start this project this year. This proposal has
been going on for two to three years; they have just resolved the zoning issues in August. The Applicant also has a big influx of inventory coming in and has no place to put them.
Mr. Ussery indicated they would prefer to use a private consultant; the Commission concurred. Wetlands Agent Bednaz noted the money taken in as fees needs to be moved from the Town’s General Fund back to Inland/Wetlands to pay the consultant.
MOTION: To RECEIVE the Application of Southern Auto Sales, Inc. - Application of Southern Auto Sales, Inc. to conduct regulated activities associated with the construction of an inventory holding area. Total parcel is approximately 213 acres located at 161 South Main Street, served by public water and sewer.
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
MOTION: To HOLD A PUBLIC HEARING on the Application of Southern Auto Sales, Inc. - Application of Southern Auto Sales, Inc. to conduct regulated activities associated with the construction of an inventory holding area. Total parcel is approximately 213 acres located at 161 South Main Street, served by public water and sewer.
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
LET THE RECORD SHOW Commissioner Burnham returned to service on the Board.
MISCELLANEOUS:
* Commissioner Roloff questioned if abutters are notified if an application is presented which has the potential to significantly impact their property? Wetlands Agent Bednaz reported this issue has been a topic of discuss many times. There is no Statutory requirement regarding notification of abutters for a public meeting; publication of Legal Notices is only required for Public Hearings. Abutters would have to petition for a Public Hearing within the 15 day appeal period for an application and don’t know of the application before that time. Discussion followed regarding possible notification options, including
requiring the applicant to make the notification and provide proof of same, submission of letters directly to the Commission by the abutters, etc. It was also noted that with regard to condominium complexes notification could be made to the Association for referral to the unit owners. No further action was taken; the Commission requested that this item be added to the agenda for the next meeting.
* Chairman Ceppetelli noted the EDC is holding a presentation on 9/15/2008 at Scout Hall involving economic development.
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing)/1) 10 Shoham Road (USA Hauling) - Status update:
Chairman Ceppetelli noted USA Hauling should come in with an application for the activity occurring presently. He requested Wetlands Agent Bednaz send Town Planner Whitten an e-mail requesting that she contact USA Hauling regarding this issue, with a cc: to Chairman Ceppetelli.
VIOLATIONS (for action or show-cause hearing)/2) 45 Miller Road (Emil & Rita Mulnite) - Clear cutting of trees immediately adjacent to the Dry Brook:
Wetlands Agent Bednaz reported she met with Emil (Tex) Mulnite. Based on discussion with Mr. Mulnite and from what she saw she felt the trees cut with either diseased or dying; he would like t thin on the other side of the driveway as he has icing problems. Wetlands Agent Bednaz indicated this activity was Permitted-As-Of-Right.
STATUS REPORTS/1) Newberry Village - Site Inspections:
Wetlands Agent Bednaz reported the Applicant did well putting in the double erosion controls, and has put in a detention basin in the back. Seed should be planted so the site won’t be wide open in the Spring. The Applicant needs to remove sediment from the wetlands before another Zoning Permit is issued. There have been no recent reports from George Logan, Soil Scientist, who was to act as a consultant to the Commission. Chairman Ceppetelli requested Wetlands Agent Bednaz send Town Planner Whitten an e-mail requesting to follow up with George Logan regarding submission of his reports as soon as possible.
STATUS REPORTS:
* Wetlands Agent Bednaz reported Mr. Balch (property at South Main Street behind Armster), and Mr. Dearborn (property on Newberry Road) need to have their work completed within a year or they will be in violation of their permit. Wetlands Agent Bednaz believed the permit expiration date was October, 2008. The Balch property involves issues with DEP; contact should be made to acquire updated information. Commission Roloff volunteered to contact DEP.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule/I. Packet handouts:
No discussion.
CORRESPONDENCE/1) Opportunity for Comment - Received a copy of Ellington Inland Wetlands & Watercourses application #IW200816, a request for permit to subdivide 24.48 acres to 17 lots for single-family development, construction of public
infrastructure, drainage provisions and associated activity within a regulated area at 42 Crane Road, Ellington, CT.:
Wetlands Agent Bednaz reported that in reading the application from Ellington she determined there is a small amount of wetlands which could be impacted by development/activity related to some of the rear lots which would abut Ellington and East Windsor. She suggested the Commission make comments to Ellington if there is an interest.
CORRESPONDENCE/2) FYI - Army Corps of Engineer letter regarding the jurisdictional determination for wetlands located at a 14.4 acre parcel known as 54 Prospect Hill Road and bordering Newberry Road. Determination was requested by Roscoe Enterprises, LLC.
Chairman Ceppetelli noted the letter suggested the ACOE has taken a jurisdictional determination regarding some of the watercourses. There was a remote wetlands on the property which the ACOE did not take jurisdiction over. The Applicant must apply to the ACOE for development of the property.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:30 p.m.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
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