TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
December 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), John Malin, Richard Osborn, Ronald Savaria, Michael Sawka, and Robert Slate and Alternate Members John Burnham and Kathryn Roloff.
Unable to Attend: Regular Member Michael Koczera.
Chairman Ceppetelli noted the establishment of a quorum with six Regular Members and two Alternate Members. It was noted that Commissioner Savaria would step down from one of the Applications on this evening’s Agenda; therefore, both Alternate Members would sit in as required. Also present was Wetlands Agent Newton, and Deputy Selectman Hayes, the Board of Selectmen’s liaison to the Inland Wetlands Commission.
AGENDA ADDITIONS: NEW APPLICATIONS TO BE RECEIVED/NEW AGENT DECISIONS/1) 49 Miller Road - Application of Shawn Southworth requesting to conduct regulated activities associated with shed installation within the Upland Review Area. Total parcel area is 1.6 acres served by a private well and septic system. (65-day application period ends 2/6/09):
Application to be added to Agenda for January 7, 2009.
APPROVAL OF MINUTES - 11/5/08:
MOTION: To APPROVE the Minutes of November 5, 2008 with the following amendments:
Page 1, NEW BUSINESS: 87 East Road - Application of Richard M. Harrison Jr., page 1, Paragraph 1 and 2: ........ Richard Harris HARRISON; Page 3, PUBLIC HEARINGS (on Inland Wetland applications)/1) Southern Auto Sales, Inc.; Paragraph 5, Sentence 1: 4) define the difference in volume values FOR STORM RUNOFF for Jim Balch..........; same Application, Page 3, Paragraph 6, Last sentence: The clarification has b been noted FOR THE RECORD.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: 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. LET THE RECORD SHOW Commissioner Savaria stepped down; Alternate Member Burnham replaced him on the Board.
The Applicant was not present to discuss this Application. Wetlands Agent Newton advised the Commission the 10’ x 12’ pre-fabricated shed has already been installed along the driveway, which is a flat area. Chairman Ceppetelli suggested the fee schedule applies a higher fee to applications which come before the Commission for work done prior to application review; Wetlands Agent Newton noted a fee of $113 was paid for this application.
Commissioner Osborn recalled that the Commission had approved this lot in 2006, at which time they requested that a Conservation Easement be placed on this property. That request was denied by the Applicant/owner at that time. Commissioner Osborn suggested a condition was to have been added to the deed requiring that the owner return to the Commission for construction of other structures. Wetlands Agent Newton noted that approval occurred before her employment by East Windsor; she is unaware of that situation.
MOTION: To APPROVE 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.
Burnham moved/Slate seconded
VOTE: In Favor: Burnham/Ceppetelli/Malin/Roloff/Slate/Sawka
Opposed: Osborn
Abstained: No one
LET THE RECORD SHOW Commissioner Savaria returned to service on the Board.
NEW APPLICATIONS TO BE RECEIVED/1) 10 Shoham Road - Application of USA Hauling & Recycling Inc. to place fill within the Upland Review Area to create a storage area for repaired dumpsters. Total parcel area is approximately 6.77 acres served by public water and sewer. (65-day application period ends 2/6/09):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was David Palmberg, of Palmberg Land Surveyors.
Mr. Palmberg reported this Application is being filed in response to a Notice of Violation issued in June, 2008. The subject property is behind Penske Truck Leasing and Rental. The owner of Down Realty, which is located at 32 North Road downstream of the subject property, has raised concerns regarding excessive storm drainage flowing onto that property. Previous Wetlands Agent Bednaz and Town Planner Whitten inspected the area in response to the complaint, and found that fill had been placed in the wetlands behind the Penske property. Mr. Palmberg gave the Commission a history of the Penske property; in 2001 to 2003 fill, which was the material found by previous Wetlands Agent Bednaz and Town Planner Whitten, was placed along the western edge. The Penske property is currently the
site of dumpster storage; during the site visit paper was found in at least one of the dumpsters. Mr. Palmberg reported they are having trouble finding the written Notice of Violation but have spoken to previous Wetlands Agent Bednaz, Town Planner Whitten, and now current Wetlands Agent Newton regarding this situation. The violation area is 150’ from the Upland Review Area; the area has been filled with just over an acre of crushed concrete and gravel to support the dumpster storage. They are also mapping and surveying the area, and have had a soil scientist out to the property to delineate the wetlands. They are submitting an application for the placement of fill within the wetlands area. Mr. Palmberg reported he is looking for direction from the Commission regarding resolution of this situation. He felt the material was placed in the wetlands without knowledge of the location being an Uplands Review Area. The filling was done
without permission from the Inland/Wetlands Commission and the Planning and Zoning Commission; fees currently being charged are for an application submitted after the work has been done. Mr. Palmberg reported it’s now difficult to determine where the wetlands line was actually located because that area has been filled; the wetlands line as presently delineated goes along the western edge of this property. The mapping was done to determine if mitigation could be done. The soil scientist has suggested that the wetlands is not a highly functioning wetlands; it is not hydrologically connected to other wetlands and is connected to wetlands across the street by one culvert. The soil scientist felt that any mitigation might be mute. The banks of the area which has been filled has been stabilized with vegetation. A detention basin has already been constructed on the site. Materials were found in a pipe on the property downstream; a drainage
ditch near the previous Marsh Motorcycle property hasn’t been maintained. Mr. Palmberg felt there were issues with properties downstream which really don’t apply to this Application.
Chairman Ceppetelli noted the Commission is receiving the Application this evening. Mr. Palmberg needs to review the area of stabilized vegetation for adequacy, and to review the method for containing the run off from the site. Mr. Palmberg noted this is a busy site; if the Commission members want to make a site inspection they should call ahead. Commissioner Osborn suggested the Commission needs to be assured activity will be regulated, and that people understand they can’t keep placing materials into the wetlands. Chairman Ceppetelli suggested the Applicant should consider marking the wetlands limits.
MOTION: To ACCEPT 10 Shoham Road - Application of USA Hauling & Recycling Inc. to place fill within the Upland Review Area to create a storage area for repaired dumpsters. Total parcel area is approximately 6.77 acres served by public water and sewer.
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/1) 2009 Meeting Schedule:
The Commission reviewed the 2009 Meeting Schedule as proposed. The consensus of the Commission preferred to begin future meetings at 7:00 p.m.
MOTION: To ACCEPT the 2009 Meeting Schedule with the meeting starting time amended to 7:00 p.m.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/2) Procedures for Agent Decisions:
Wetlands Agent Newton and the Commission discussed what type of applications the Commission would consider appropriate for her handle under Agent Decisions. It was agreed applications for minor improvements, such as construction of small sheds, enclosed front porches, or attached garages, could be handled as Agent Decisions. It was agreed the parameters for these procedures could be revised as necessary.
Deputy Selectman Hayes advised he had acquired a fee schedule from Enfield which he offered to the Commission for consideration when developing an Inland/Wetlands Fee Schedule for East Windsor.
AGENT DECISIONS/3) 1) 49 Miller Road - Application of Shawn Southworth requesting to conduct regulated activities associated with shed installation within the Upland Review Area. Total parcel area is 1.6 acres served by a private well and septic system. (65-day application period ends 2/6/09):
Wetlands Agent Newton reported the Applicant is proposing to install a 12’ x 16’ shed on a stone pad in a grassy area near a dry brook.
AGENT DECISIONS/1)[becomes Agenda Item #2 due to Agenda addition] 5 Old Wells Road - Application of Mark O’Connor requesting to conduct regulated activities associated with shed installation within the Upland Review Area. Total parcel area is 0.74 acres served by public water and septic. (65-day application period ends 2/6/09):
Wetlands Agent Newton reported the Applicant reported the property is located between two roads; the Applicant is the only property located on Old Wells Road. The lot was created in 1940, prior to the establishment of current Wetlands Regulations; the lot met set back requirements in place at that time. Wetlands Agent Newton reported that Town Planner Whitten has dealt with the Zoning issues. The Applicant is proposing to install a shed in an area just outside the Upland Review Area.
AGENT DECISIONS/2) [becomes Agenda Item #3 because of Agenda addition] 58 Abbe Road - Application of Earl Spittle requesting to conduct regulated activities associated with shed installation within the Upland Review Area. Total parcel area is 6.9 acres served by a private well and septic system. (65-day application period ends 2/6/09):
Wetlands Agent Newton reported the Applicant is proposing to construct an enclosed porch on the front of the dwelling. The location of the porch would be constructed within the 150’ Upland Review Area. Wetlands Agent Newton reported the wetlands have been cut off by the road, and have already been disturbed by a sidewalk in that area.
VIOLATIONS (for action or show-cause hearing)/1) 10 Shoham Road (USA Hauling) - Status update:
See discussion under NEW APPLICATIONS TO BE RECEIVED.
VIOLATIONS (for action or show-cause hearing)/2) 68 Newberry Road - Non-compliance with IWWA Permit #1406:
Wetlands Agent Newton reported she has visited the site with Town Planner Whitten and met with Steve Dearborn. She referenced her letter of November 17, 2008 outlining the following conditions: 1) the one year time period for removal of a portion of the farm road has lapsed; 2) some of the jersey barriers have been temporarily removed and topsoil from the pond has been deposited in the upland areas; and 3) she observed the creation of a berm near the new stockpile area located near the inner rear property corner adjacent to the Wilcox property; that berm and swale is directing drainage to the west of the existing farm road. Wetlands Agent Newton agreed material has been excavated from the farm pond, graded, and mulched, but she doesn’t agree that the material is stockpiled;
as he excavates the pond he will be grading around the pond. Part of that area will be in the area where the farm pond was.
Wetlands Agent Newton advised the Commission Mr. Dearborn came into the Planning Office today; she has been told not to go onto the Dearborn property any longer.
Mr. Dearborn joined the Commission, noting he was told Town Planner Whitten and Wetlands Agent Newton needed to visit the property to address complaints made against him by Mr. Wilcox. Mr. Dearborn reported the ditch in front of the property is moving along ok. The plan he is working from is stamped and dated April 9, 2008; he feels he has until April 9, 20009 to complete his work. Wetlands Agent Newton reported she is unable to determine how the October, 2008 date referenced by previous Wetlands Agent Bednaz was calculated. Mr. Dearborn reported he needs to get the corn in; then he will be able to get to the ditch. He feels the work will be completed by April, 2009.
Regarding the material that was pushed off, Mr. Dearborn reported he was working from the Town map, which was created by Landmark Surveyors whom he hired, rather than the map found by soil scientist George Logan, who was hired by Mr. Wilcox. Mr. Dearborn admitted he moved approximately 8 of the jersey barriers; he noted the location for the Commission by referencing the map being reviewed at this meeting. He felt only a small corner of the material has been deposited in a small corner of the wetlands. The material which has been moved will be spread back onto the land when the work has been completed. Wetlands Agent Newton concurred that this method is a common procedure for construction of a farm pond. The Violation Letter was written based on the Permit conditions, which included the
area where the material has been pushed into the area where the jersey barriers were originally placed. Wetlands Agent Newton reported she doesn’t have a problem with this work; the area is stabilized. The issue is that it’s not in compliance with the Permit.
It was noted there that are two Applications for this property. The construction of the farm pond was approved/allowed As-of-Right; Mr. Dearborn subsequently came in for a permit for the ditch. He also built the berm, then covered it with wood chips to keep the water from flowing onto the Wilcox property. Wetlands Agent Newton reported she was on the site when the water was running; it is not draining onto the Wilcox property.
The issue of Mr. Dearborn’s denial of further access to the property for Wetlands Agent Newton was discussed. Mr. Dearborn vividly expressed his frustration and anger regarding the repeated complaints filed against him by Mr. Wilcox; he indicated he was angry when he visited the Planning Office today. Mr. Dearborn reported Wetlands Agent Newton can visit the site if she needs to. Commissioner Osborn suggested the Town should advise Mr. Wilcox the issue has become a civil matter between both property owners. Wetlands Agent Newton reported the Letter of Violation was based on the Permit conditions; it’s a technical violation of the Permit. She is not concerned with the stockpile of material from the farm pond as long as that material goes back when the pond work is
completed. Mr. Dearborn indicated he will return that material to a location around the pond so he doesn’t have to dig the pond as deep as he intended. Chairman Ceppetelli questioned if Mr. Dearborn felt he would have the farm completed by April, 2009? Mr. Dearborn felt it would not be completed by that time. He felt he would need to return to the Commission for permission to move the farm road over 20’ as well. Wetlands Agent Newton noted the farm pond is permitted As-Of-Right; she felt that the removal of the portion of the farm pond has been removed within the one year time period, although she felt Mr. Dearborn may need to do more grading in that area.
Wetlands Agent Newton reported she and Town Planner Whitten met with Mr. Wilcox, who mentioned his concerns for drainage onto his property. Wetlands Agent Newton and Town Planner Whitten advised Mr. Wilcox the drainage is not an issue. They have not heard anything further from Mr. Wilcox.
MOTION: To lift the Violation Notice for 68 Newberry Road.
Discussion: Commissioners discussed the amount of fill the Applicant can bring into the site without the need to file an application. It was felt the October 2008 one year expiration was considered from the beginning of application discussion; the April 2009 expiration date of the permit was relative to the actual approval date.
Roloff moved/Osborn seconded/VOTE: In Favor: Unanimous
STATUS REPORTS/1) Newberry Village - Site inspections:
Wetlands Agent Newton requested direction from the Commission on this issue. Chairman Ceppetelli cited that George Logan was hired by the applicant/owner to monitor the vernal pools on the site during construction; no reports, or appearances from Mr. Logan, have been made to the Commission. The Commission requested Wetlands Agent Newton contact the applicant/owner of the site and advise him a condition of approval was an annual report from Mr. Logan, and that nothing has been received to date.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule:
Wetlands Agent Newton reported nothing is available at present. A CASIO Meeting will be held in March, 2009, at which time Inland/Wetlands issues will be discussed.
CORRESPONDENCE:
* 222 North Road - Chairman Ceppetelli reported this violation issue remains outstanding. He requested Wetlands Agent Newton contact the owner and acquire the following information for discussion at the next meeting: 1) is the present owner the person who has filled the wetlands; 2) when did the filling occur; and 3) how much material was filled into the wetlands?
* Fine Schedule - Chairman Ceppetelli requested Wetlands Agent Newton contact First Selectman Menard regarding information she was to accumulate regarding fine schedules for surrounding towns. Chairman Ceppetelli would like to begin discussion on the Fine Schedule as soon as possible.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:00 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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