TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
January 7, 2009
***** Draft Document - Subject to Commission Approval *****
CALL TO ORDER: Chairman Ceppetelli called the Meeting to order at 7:00 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, Robert Slate, and Alternate Members John Burnham and Kathryn Roloff.
Unable to Attend: Regular Members Michael Koczera, John Malin, and Michael Sawka.
Chairman Ceppetelli noted the establishment of a quorum with four Regular Members and two Alternate members. All members will sit in on Items of Business to be heard this evening. Also present was Wetlands Agent Newton.
AGENDA ADDITIONS: None.
APPROVAL OF MINUTES - 12/3/08:
MOTION: To APPROVE the Minutes of Regular Meeting dated December 3, 2008 amended as follows:
Page 3, NEW APPLICATIONS TO BE RECEIVED/1) 10 Shoham Road - Application of USA Hauling & Recycling, Inc., Paragraph 2, “....... The violation area is 150’ from within the Upland Review Area; ........” , Paragraph 2, “........The soil scientist felt that any mitigation might be mute moot. .......”;
Page 4, MISCELLANEOUS/2) Procedures for Agent Decisions: Paragraph 1, “Wetlands Agent Newton and the Commission discussed what type of applications the Commission would consider appropriate for her to handle under Agent Decisions.”
Page 5. VIOLATIONS (for action or show-cause hearing)/2) 68 Newberry Road, Paragraph 2, “..... The plan he is working from is stamped and dated April 9, 2008; he feels he has until April 9, 20009 2009 to complete his work.”; Paragraph 4, “It was noted there that that there are two Applications for this property.”
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
CONTINUED PUBLIC HEARINGS (on Inland Wetlands applications): None
CONTINUED APPLICATIONS OR BUSINESS: None
NEW BUSINESS/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 William L. Palmberg and Son, Land Surveyors, representing the Applicant; and Michael Gragnolati, Soil Scientist.
Mr. Palmberg reported they have had field walks with Wetlands Agent Newton and Town Planner Whitten, and have received a memo dated December 17, 2008 from Wetlands Agent Newton summarizing her comments. Mr. Gragnolati is present to address concerns regarding the functionality of the wetlands area. Mr. Palmberg noted the plans have not yet been revised pending the outcome of discussions with the Commission this evening.
Mr. Palmberg described the location of the site. During an inspection of the property by staff in the Summer it was found that a violation occurred due to filling of wetlands; concerns were raised regarding run off from the site. The area is composed of recycled concrete which is used for storage of dumpsters. Mr. Gragnolati has identified that the area of wetlands would be at the bottom of the slope, although he can’t tell at this point if fill was placed over wetlands. Mr. Palmberg indicated that review of historic maps have shown the area to be upland review area rather than wetlands. Detention basins have been constructed on the site due to subsequent development. The water begins behind the houses on Prospect Hill Road; any water generated comes off of Shoham Road.
Everything drains to the north to a small culvert under Route 140. Mr. Palmberg indicated Mr. Gragnolati has noted the area is now vegetated with secondary growth; it’s doubtful that any functionality remains regarding these wetlands.
Mr. Palmberg addressed Wetlands Agent Newton’s comments as follows:
1) Where did the crushed concrete and brick come from? Has it been tested for chemical composition as to be considered “clean fill”....... Mr. Palmberg noted the origin of the fill is not clear; he felt it was materials from demolition projects which he felt would be considered “clean fill”. Chairman Ceppetelli suggested concrete would not be considered “clean fill”. Mr. Palmberg reported they are working on the documentation as requested by Wetlands Agent Newton.
2) Wetlands Agent Newton did not consider the slopes to be stabilized. She requested a plan for permanent stabilization to address erosion. Mr. Palmberg suggested there are no areas showing erosion. He felt the slopes are 2:1, or steeper; he suggested they are not necessarily stable. He will submit proposals in the revised plans.
3) Wetlands Agent Newton noted the prior existence of a swale in the vicinity of the area in which the fill was placed; she suggested the purpose of the swale was to direct drainage to the detention basin. She questioned where that drainage is now being directed? Mr. Palmberg suggested the swale appears to be within the filled area; the flow appears to be going into the detention basin. He is still revising the plans regarding this issue. There are also legal issues on Route 140 that are being addressed.
4) If the Commission allows the fill to remain on the site Wetlands Agent Newton recommended that the storage area be gravel and catch basins with oil/water separators be used. Mr. Palmberg advised the Commission he is seeking their direction; can the fill remain on the site, or must it be removed? The Commission’s decision will affect how he revises the plans.
5) Wetlands Agent Newton recommended that only empty containers be stored on this site. She noted that during an inspection some containers were found to be storing metal products, etc. Mr. Palmberg noted that during the inspection several dumpsters were found to contain scrap metal. The metal was being stored because the price has dropped; the Applicant was storing the metal hoping the price will go up again. All that scrap metal has been removed from the site.
6) Wetlands Agent Newton noted approximately one acre of upland area was filled; she questioned how the addition of this material affects the ability of the existing drainage structures to handle the increased quantity and velocity of stormwater runoff? Chairman Ceppetelli noted that approximately one acre of upland review area has been filled without acquiring a permit; Mr. Palmberg concurred. Commissioner Savaria questioned if wetlands have been filled? Mr. Gragnolati reported he felt everything has changed there because of development; he doesn’t know if wetlands have been filled. There was a ridge in that area at one time and water probably did run down there. The water runs into a culvert under Route 140. The swale hasn’t been maintained. Mr. Palmberg reported one acre of a twenty acre site has been filled. Commissioner Roloff suggested what matters is where the one acre that has been filled is located.
7) Outline mechanisms to prevent further encroachment into the regulated area. Mr. Palmberg suggested that if they can address what’s there for fill without further disturbance then he would propose to grade the area out, and provide a berm which would be a barrier, and also delineate trees with tags.
Wetlands Agent Newton questioned if the area would be graveled, or paved? Mr. Palmberg indicated it would be gravel. Wetlands Agent Newton reported that during discussions with Town Planner Whitten she felt the Planning and Zoning Commission would prefer that the area be paved. Mr. Palmberg suggested he will provide drainage calculations acordingly. Wetlands Agent Newton suggested the bigger questions are if the fill is considered “clean fill”; the chemical composition of the material must be determined. If the fill is considered “clean” it could remain and stabilization methods could be proposed. Wetlands Agent Newton suggested this is a large area to pull out; disturbance of the area could cause a bigger problem. Mr. Palmberg indicated
he will prepare plans based on a paved surface; if that’s not required you would only end up with an over-sized detention basin. Wetlands Agent Newton reiterated that it must be determined that the fill is “clean”; if it’s not then it must come out. Mr. Palmberg indicated he hopes to have information on that status of the fill by the Commission’s February 4th Meeting. Commissioner Osborn questioned if the material underneath the site is clay or shale? Mr. Gragnolati suggested it was hard-pan, which is as impermeable as the material in the industrial park.
Commissioner Burnham suggested the area was aggressively filled. He felt the material should be pulled out, compacted, and 4’ to 8’ of fill returned. He felt the most beneficial use of the property was a parking lot; he felt the Applicant should go for a bigger permit and do what was needed.
Commissioner Savaria questioned if money could be set aside to address the problems downstream? Wetlands Agent Newton suggested the realty company has their own issues; their basin is clogged with concrete-like material. Mr. Gragnolati concurred, noting that when he and Mr. Palmberg visited that property the catch basin in the parking lot had water up to the brim. Wetlands Agent Newton noted she has requested a site visit for that property as well.
Mr. Palmberg indicated he will return with revised plans, and will have the material tested. He is submitting an application to the Planning and Zoning Commission as well.
No motion was made on this application.
NEW APPLICATIONS TO BE RECEIVED/1) Farms Road - Application of East Windsor Housing LTD, LLC to re-subdivide Meadow Farms from eight residential lots and 40 active adult housing lots to 14 residential lots and 29 active adult housing lots. Total parcel area is 21.5 acres served by public water and sewer. (65-day application period ends 3/13/09):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Jason Ziegler; accompanying him was David Annino (surveyor). Mr. Ziegler reported he appeared before the Planning and Zoning Commission (PZC) to make an informal presentation for a resubdivision of an existing plan. They are proposing to add six residential lots on Farms Road and eliminate lots within the Over 55 development from 40 to 29. The Over 55 units on Farms Road would be eliminated; the
units on Acorn Drive would remain as Over 55 units. They are eliminating the connecting road, and installing an emergency access. The Over 55 units would be separate from the residential units. Mr. Ziegler reported there is no change in the review area; the wetlands are behind the existing homes. A Conservation Easement, including a large swale which goes into the pond, is behind the eight lots containing the existing homes.
Chairman Ceppetelli reported he has noticed work, including clearing of brush, behind the homes; he questioned the line of the Conservation Easement. Mr. Ziegler reported the 8 residential lots were sold and the houses built by someone else; he installed the infrastructure and drainage system. There are no changes in the drainage layout; all drainage has been installed. They are just re-drawing the lots. Wetlands Agent Newton reported she will visit the site and find the medallions for the Conservation Easement; if the trees have been removed the homeowners would be required to replace them.
MOTION: To RECEIVE the Application for Farms Road - Application of East Windsor Housing LTD, LLC to re-subdivide Meadow Farms from eight residential lots and 40 active adult housing lots to 14 residential lots and 29 active adult housing lots. Total parcel area is 21.5 acres served by public water and sewer.
Burnham moved/Roloff seconded/VOTE: In Favor: Unanimous
Mr. Ziegler questioned if the Application could be approved this evening; during discussions staff assumed it was really a Site Plan Modification. The Commission noted it couldn’t act on a new application the same evening. Wetlands Agent Newton suggested the Applicant visit the Planning Office in the morning and fill out the correct paperwork; she can then sign off on the modification.
MISCELLANEOUS/1) Draft Wetland Violation Citations & Procedures Ordinance:
Wetlands Agent Newton presented a draft for a violation ordinance; she noted that the Hearing procedures are State mandated by statutes and must remain as written. Discussion followed; Wetlands Agent Newton summarized the process which occurs when acting on a violation, and the Hearing process if the violator disagrees with the decision. The Commission requested Wetlands Agent Newton revise the proposed ordinance to include review with the Commission prior to taking action.
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing): None.
STATUS REPORTS/1) Newberry Village - Site Inspections:
Wetlands Agent Newton reported she has sent a letter to the developer, Jim Giorgio, requesting an update from George Logan (soil scientist); she has not received a response.
STATUS REPORTS/222 North Road:
It is hoped the owner will file an application for the next Commission Meeting.
STATUS REPORTS/Reichle:
Chairman Ceppetelli noted the Commission is looking for a status report from Mr. Reichle regarding his work on a storm channel on the Kogut property located between Reservoir Avenue and Chamberlain Road.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule/a) Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions - Saturday, March 28, 2009:
Commissioners Savaria, Slate, Roloff, and Burnham requested to attend.
CORRESPONDENCE: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:58 p.m.
Osborn moved/Savaria seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetland Watercourse Agency
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