TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
November 5, 2008
***** Draft Document - Subject to Commission Approval *****
CALL TO ORDER: Chairman Ceppetelli called the Meeting to order at 7:31 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, Richard Osborn, Ronald Savaria, Michael Sawka, and Robert Slate and Alternate Member Kathryn Roloff.
Unable to Attend: Alternate Member John Burnham and Regular Member John Malin
Chairman Ceppetelli noted the establishment of a quorum with six Regular Members and one Alternate Member. Also present was Town Planner Whitten, and Wetlands Agent Newton, and
Deputy Selectman Hayes, the Board of Selectmen’s liaison to the Inland Wetlands Commission.
ADDED AGENDA ITEMS: None.
MOTION: To GO OUT OF THE POSTED AGENDA ORDER and take NEW BUSINESS: 87 East Road - Application of Richard M. Harrison Jr. requesting to conduct regulated activities associated with new home construction within the Upland Review Area. Total parcel is 13.3 acres, to be served by a private well and septic system.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: 87 East Road - Application of Richard M. Harrison Jr. requesting to conduct regulated activities associated with new home construction within the Upland Review Area. Total parcel is 13.3 acres, to be served by a private well and septic system. (65-day application period ends 12/05/08):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Richard Harris.
Chairman Ceppetelli noted the Commission did a preliminary review during the receipt of this Application at the previous meeting. The Commission had requested that the delineation of the tree line should be shown on the plans. Mr. Harris indicated the location of the tree line. Town
Planner Whitten noted this Application is for a new home, which requires only a Zoning Permit. The addition of the delineation of the tree line to the Site Plan can be a condition of approval.
MOTION: To APPROVE the Application for 87 East Road - Application of Richard M. Harrison Jr. requesting to conduct regulated activities associated with new home construction within the Upland Review Area. Total parcel is 13.3 acres, to be served by a private well and septic system. Application is approved with Standard Conditions, and the following:
Additional Condition: To add tree line for proposed cutting to the Site Plan.
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED: 1) 35 Rolocut Road - Application of Jeff Kegel requesting to conduct regulated activities associated with shed installation within the Upland Review Area. Total parcel area is 2.2 acres served by a private well and septic system. (65-day application period ends 1/9/09):
Chairman Ceppetelli read the description of this Item of Business. The Applicant did not appear at this meeting.
Town Planner Whitten indicated the Application is for installation of a free-standing shed. Commissioner Savaria reported the shed has already been installed. Town Planner Whitten concurred; this is an after-the-fact Application.
MOTION: To ACCEPT/RECEIVE 35 Rolocut Road - Application of Jeff Kegel requesting to conduct regulated activities associated with shed installation within the Upland Review Area. Total parcel area is 2.2 acres served by a private well and septic system.
Osborn moved/Koczera seconded
VOTE: In Favor: Ceppetelli/Koczera/Osborn/Roloff/Slate/Sawka
Opposed: No one
Abstained: Savaria
MOTION: To GO BACK TO THE POSTED AGENDA ORDER.
Koczera moved/Slate seconded/VOTE: In Favor: Unanimous
PUBLIC HEARINGS (on Inland Wetland applications)/1) 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. (35-day to conclude hearing ends 11/5/08):
Chairman Ceppetelli read the Hearing description. Appearing to discuss this Application was Attorney T. Mark Barbieri, representing the Applicant, Southern Auto Sales, Inc.; Jay Ussery, of J. R. Russo & Associates, Professional Engineer; Michael Granuloti, Certified Soil Scientist; and Rich Nadeau, of Southern Auto Sales, Inc.
Mr. Ussery reviewed the status of the following concerns raised by the Commission at the previous meeting:
1) overall five year maintenance and monitoring schedule to be shown on plans: Mr. Ussery noted the addition of two notes to page 4 of 10 of the plans which summarizes the maintenance plan and monitoring schedule.
2) consider planting cranberry bushes in the mitigation areas: Mr. Ussery summarized the size and number of proposed plantings which will ring the wetlands and create a line of demarcation. Mr. Granuloti noted he did not see any evidence of fragamites in the area.
3) enhanced snow removal plan: Mr. Ussery noted the addition of a note to the plans indicating no snow is to be deposited into the basins. Mr. Ussery also noted they are now proposing to plant arborvitae around the basins to create a visual barrier; he described the size and location of these plantings. Southern Auto Sales, Inc. (SAS) will also advise snow contractors of the prohibition of dumping of snow into the basins. Mr. Ussery indicated this is anticipated to be a long-term parking lot; they expect snow removal will occur only in the aisles. No salt will be used.
4) define the difference in volume values for Jim Balch: Mr. Ussery clarified the location of the property of concern to Mr. Balch. It is on the west side of Route 5 but is approximately three-quarters of a mile to the south of the SAS property under discussion. The Quarry Brook watershed area contains over 450 acres, and flows under Route 5 to the Connecticut River. Based on a 100 year storm the existing flow is in excess of 530 million gallons. This proposal adds approximately 1 million more gallons to that flow, which is an increase of .2%. Mr. Ussery equated the existing and additional flow to the water contained in a 20’ x 40’ pool. He suggested the 530 million gallons would be approximately 17,600 pools full of water; their proposal would add the water capacity
of an additional 36 pools. Mr. Ussery indicated that in his opinion Mr. Balch would not see any measurable increase in flow from the SAS property. With regard to the Mason’s Brook watershed Mr. Ussery indicated approximately 423,000 gallons of water flow north to Mason’s Brook, which is a .1% increase for a 100 year storm. Mr. Ussery reported he did not do the swimming pool comparison for the Mason’s Brook watershed.
Commissioner Koczera indicated that Mr. Balch had given the impression the property he was concerned about was directly across the road from the subject parcel. Chairman Ceppetelli indicated the Minutes of the October Meeting gave a similar impression. The clarification has b been noted FOR THE RECORD.
Mr. Ussery concluded that the proposal does not reduce the resource area.
Notation was made of receipt of memo dated 10/27/2008 from Town Engineer Norton which indicated that all his previous concerns (outlined in his 9/2/2008 memo) have been adequately addressed.
MOTION: To CLOSE the Public Hearing on the 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/Slate seconded/VOTE: In Favor: Unanimous
MOTION: To APPROVE the 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.
Savaria moved/Koczera seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS: Nothing to report.
AGENT DECISIONS: 20 Newberry Road - Application of KGS Realty Inc. requesting a modification to existing Permit for Regulated Activity (#1384), issued on May 3, 2006. Modifications to eliminate the addition and improvements associated with existing building and parking lot and change new industrial building footprint from 27,404 square feet to 10,400 square feet. Total parcel area is 2.2 acres served by public water and sewer. (65-day application period ends 1/9/09):
Appearing to discuss this Item of Business was Jay Ussery, of J. R. Russo and Associates.
Mr. Ussery recalled that previously the Commission approved a permit for 24 Newberry Road, which is now Kam Metals. The owner of the parcel had come in with a proposal for a 15,000 square foot addition to the existing building, and the construction of a new 25,000 square foot building to the west. A subsequent buyer purchased only the original building; the whole parcel was split into two lots. The owner is now asking to construct a 10,000+/- square foot building on the second parcel.
Mr. Ussery reported the disturbance is less, the building is smaller, and the driveway as proposed in the original plan no longer exists. There would still be a subsurface detention basin which has been resized to accommodate the reduced impact. The storm water would still be treated in the same way.
MOTION: To HANDLE AS AN AGENT DECISION the work at 20 Newberry Road - Application of KGS Realty Inc. requesting a modification to existing Permit for Regulated Activity (#1384), issued on May 3, 2006. Modifications to eliminate the addition and improvements associated with existing building and parking lot and change new industrial building footprint from 27,404 square feet to 10,400 square feet. Total parcel area is 2.2 acres served by public water and sewer.
Koczera moved/Slate seconded/VOTE: In Favor: Unanimous
VIOLATIONS (for action or show-cause hearing)/1) 10 Shoham Road (USA Hauling) - Status update:
It was noted the Michael Granuloti will be flagging the area within the next few weeks. It was requested USA Hauling appear before the Commission with an application.
VIOLATIONS (for action or show-cause hearing)/2) 68 Newberry Road - Non-compliance with IWWA permit #1406:
Town Planner Whitten reported Mr. Dearborn has started to remove the farm road and has begun digging the farm pond. He has taken the material from the pond excavation and placed it downhill from the location of the jersey barriers (which were put in place to contain the mulch stockpiles); he has also covered the fill with mulch. The jersey barriers have also been moved from the location agreed to for the mulch operation. Mr. Dearborn claims he is stockpiling the material until it is returned to an area around the pond; the mulch has been placed over the topsoil as an erosion control. Mr. Wilcox, the abutting property owner, is concerned regarding the impact of these actions on his property. A letter has been sent to Mr. Dearborn advising him of a complaint filed by Mr. Wilcox; Town Planner
Whitten advised the Commission she would like to see Mr. Dearborn come in with a Site Plan modification for the Planning and Zoning Commission. She asked for direction from this Commission regarding further communication with Mr. Dearborn. He can work in the Upland Review Area but he has not received approval to remove this amount of soil. He has a permit for a volume reduction facility and is allowed to stockpile and create mulch but he is grading/lowering the land around the building by 1’ to 2’.
The Commission decided they would like Mr. Dearborn to come to the next meeting to discuss his intentions so the Commission can determine if an application is necessary. Town Planner Whitten questioned what Mr. Dearborn can do in the meantime; he has a permit to create the farm pond. The Commission discussed the issuance of a Cease and Desist Order. Town Planner Whitten will continue to work with Mr. Dearborn; the goal is to get the farm pond in before the onset of Winter.
VIOLATIONS (for action or show-cause hearing)/Additional Discussion Item: 222 North Road:
It was noted this individual continues to fill in front of his home independently. Chairman Ceppetelli requested this homeowner submit an application for the Commission’s review.
STATUS REPORTS/1) Newberry Village - Site Inspections:
Chairman Ceppetelli noted the Commission has requested the appearance of George Logan to give a status report.
Commissioner Savaria reported most of the erosion controls have been installed but the wetlands are very close to the construction. Town Planner Whitten reported she has been in contact with the developer and feels he is working in good faith. The area is full of vernal pools.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule:
Commissioner Savaria reported he attended the DEP conference at UCONN and found the experience worthwhile. Commissioner Savaria and Commissioner Roloff expressed interest in attending other training resources.
CORRESPONDENCE/1) 244 South Main Street - Order of the Commissioner of Environmental Protection issued to All American Products Corporation. On or after February 4, 2002, Respondent placed and is presently maintaining storm sewer piping, stone riprap and fill material at the site riverward of stream channel encroachment lines without a permit:
Chairman Ceppetelli READ FOR THE RECORD Order issued by the Department of Environmental Protection dated October 20, 2008 to All American Products Corporation located at 244 South Main Street. The Order summarizes the actions of the owner, calls for the submission of a restoration plan within 90 days of the date of issuance of the order, and requires a completion date no later than May 1, 2009. It was noted All American Products Corporation must now work with the EPA to resolve existing issues impacting the stream encroachment channel line. Chairman Ceppetelli thanked Commissioner Roloff for her assistance with contacting the EPA.
MOTION: To GO BACK INTO THE AGENDA ORDER and consider Approval of Minutes.
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES - 10/1/2008:
MOTION: To APPROVE the Minutes of Regular Meeting dated October 1, 2008 with the following amendments:
Page 1, ESTABLISHMENT OF QUORUM, Paragraph 1: Vice Chairman Ceppetelli........It was determined that either ALTERNATE member could fill in on actions for this evening’s meeting. if other Commissioners had to step down from service on the Board.
Pages 2 - 7, PUBLIC HEARING (on Inland Wetland applications)/1) Southern Auto Sales, Inc.: Wherever reference to Michael Granulati, Certified Soil Scientist appears let it be noted the correct spelling is Michael Granuloti. Also: Page 2, Paragraph 3: ........They are proposing several water quality systems, one to restore wetlands destroyed by farming over the years, and another in the middle of the property TO restore an existing wetlands which is not currently functioning properly. Page 2, Paragraph 4, final sentence: Attorney Barbieri indicated they have they have received positive feedback from environmentalists on these restoration
areas. Page 3, Paragraph 1, final sentence: ........this area goes through a pipe under SAS’s test track and then flow FLOWS through the SAS site and under Route 5 and becomes Quarry Brook near the old Winn Farm property on Route 5. Page 3, Paragraph 2, first sentence: ...... noting wetlands one contains 2,379 square feet, wetlands two contains 2177 square feet, and wetlands 3 contains 165 square FEET for a total of approximately 4700+/- square FEET of wetlands disturbance. Page 3, Paragraph 3: LET THE RECORD SHOW Deputy Selectman Hays HAYES........ Page 5, Paragraph 2, final sentence: ....... in January with no vegetation is THIS area is frozen and is essentially a parking lot. Page 5, Paragraph 3, sentence 3: Mr. Ussery indicated they have found many large red and whit WHITE oak trees on the property......... Page 6, Paragraph 3, second sentence: He reiterated the THAT................ Page 10, Paragraph 1, .......Commissioner Roller ROLOFF.......... Page 11,
Paragraph 4, final sentence: ........Chairman Ceppetelli indicated Mr. Harrison is within the wetlands REGULATED AREA but is outside the regulated area WETLANDS.
Osborn moved/Savaria seconded/VOTE: In Favor: Unanimous
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:52 p.m.
Sawka moved/Osborn seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetlands and Watercourse Commission
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