TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
February 4, 2009
***** Draft Document - Subject to Commission Approval *****
CALL TO ORDER: Chairman Ceppetelli called the Meeting to order at 7:01 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, Michael Sawka (arrived at 7:10 p.m.), Ronald Savaria, Robert Slate, and Alternate Members John Burnham and Kathryn Roloff.
Unable to Attend: Regular Member John Malin.
Chairman Ceppetelli noted the establishment of a quorum with five Regular Members and two Alternate members at the Call to Order; Regular Member Sawka arrived at 7:10 p.m. All members will sit in on Items of Business to be heard this evening. Also present was Wetlands Agent Newton.
LET THE RECORD SHOW Deputy Selectman Hayes, the Board of Selectmen’s liaison to this Commission, had called in a message indicating he had another meeting to attend this evening. His intention was to arrive at this Meeting as soon as he is able.
AGENDA ADDITIONS: None.
APPROVAL OF MINUTES - 1/7/09:
MOTION: To APPROVE the Minutes of Regular Meeting dated 1/07/09 with the following amendments: NEW BUSINESS/(1) 10 Shoham Road, Page 3, paragraph #4, “If the Commission allows the fill to remain on the site, Wetlands Agent Newton.......”, Page 4, paragraph one, “.....Wetlands Agent Newton suggested the bigger questions are question is.........”
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
CONTINUED PUBLIC HEARINGS (on Inland Wetlands applications): None
CONTINUED APPLICATIONS OR 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.
Chairman Cepptelli noted receipt of letter dated February 4, 2009 from David J. Palmberg, L. S. requesting the withdrawal of the subject Application, and the intent to submit a new application in the future. Mr. Palmberg reported they have done the testing requested by the Commission and Wetlands Agent Newton but have not yet
received the definitive results. They are working on plan revisions based on discussions at previous meetings. Mr. Palmberg indicated they also want to include a Maintenance Plan for the existing detention basin, which he feels is a significant change in the proposed plans. With the deadline looming on the current Application, Mr. Palmberg felt it would be appropriate to withdraw the Application before the Commission, and submit a new application when the requested information is available.
Chairman Ceppetelli advised Mr. Palmberg of Wetlands Agent Newton’s letter of January 27, 2009 to Attorney Charles D. Houlihan, Jr. (Esquire) which addressed concerns raised in Attorney Houlihan’s letter dated January 26, 2009 addressed to Wetlands Agent Newton and faxed to her on January 27th, 2009. A copy of Wetlands Agent Newton’s letter was given to Mr. Palmberg at this Meeting. Chairman Ceppetelli noted the issues raised in both letters address the concerns of an abutting property owner. It is the recommendation of staff to move this Application to a Public Hearing; the withdrawal of the present Application and resubmission of a new application will give the Commission the ability to schedule a Public Hearing. Mr. Palmberg indicated he had no objection to that
recommendation.
No motion was made to withdraw the present Application.
LET THE RECORD SHOW Commissioner Sawka arrived at 7:10 p.m.; Mr. Sawka is a Regular Member of the Commission. With this change in membership representation Alternate Commissioner Roloff will participate in future Items of Business in a voting capacity; Alternate Commissioner Burnham will participate in discussion.
NEW BUSINESS: None
NEW APPLICATIONS TO BE RECEIVED: None.
MISCELLANEOUS/1) Draft Wetland Violation Citations & Procedures Ordinance:
Wetlands Agent Newton reported the draft presented to the Commission this evening includes the revisions requested by the Commission at the previous Meeting. The Commission is now in the loop of Violation review.
Commissioner Burnham questioned how often the Commission has experienced the need to enforce the Violation process completely? Discussion followed regarding the Commission’s and Staff’s intention and willingness to work with violators. Most issues are resolved via negotiation. Wetlands Agent Newton reviewed the Violation process, noting that often conditions can be set during the Hearing process which enable the Commission and the violator to remedy the non-compliant situation. Discussion also included violations of Permitted activities vs. activities which occurred without benefit of a Wetlands Permit. Wetlands Agent Newton suggested the proposed procedures allow all parties to work towards a resolution; without a procedure in place often the only remedy is a lawsuit.
Commissioner Burnham suggested delay approval of this Ordinance until after Commission members attend the Land Use Seminar being held on March 28th, 2009; he would like the opportunity to discuss this proposal with other seminar attendees from other towns. He is uncomfortable approving a Fine Ordinance. Discussion followed regarding the use of Fine Ordinances in various surrounding towns, including Ellington and South Windsor. Chairman Ceppetelli noted passage of the Fines Ordinance requires approval of the Board of Selectmen and approval via a Town Meeting.
Chairman Ceppetelli polled the Commission members for their input; the majority of the Commission favored approval of this proposal.
MOTION: To ACCEPT the Wetland Violation Citations & Procedures Ordinance as written.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
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 dated January 28, 2009 to Jim Giorgio, developer of Newberry Village. The letter has advised him of her request that REMA submit an annual environmental report for the previous year as soon as possible. It is Wetlands Agent Newton’s understanding the REMA did not collect any data for the previous year; Mr. Giorgio has advised her he thought the report was due at the completion of the project. She clarified for Mr. Giorgio that submission of the report is a condition of the approval during the progression of the project. Wetlands Agent Newton would particularly like to see a report completed in May during the vernal pool season. Chairman Ceppetelli suggested if Mr. Giorgio can’t comply with that request then he should
submit his reasons in writing to the Commission.
STATUS REPORTS/Reichle:
Wetlands Agent Newton discussed this issue with Town Engineer Norton, who has been working with Mr. Reichle regarding this issue. Thanksgiving was the deadline given to Mr. Reichle. He was not able to do the work in the Fall due to excessive rain during that time. Chairman Ceppetelli and other members of the Commission suggested the work should be done now, while the ground is frozen.
STATUS REPORTS/222 North Road:
Wetlands Agent Newton reported an Application has been submitted to the Planning Office but this Item of Business has not been put on the Agenda as the Applicant has not paid the Application Fee. He has promised to come into the office to pay the fee but has not appeared yet.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule:
* Commissioners requested Wetlands Agent Newton follow up on the status of the issuance of photo identification badges which will facilitate the process for site inspections.
* Wetlands Agent Newton reviewed the process and requirements for Applications vs. Public Hearings.
* Commissioner Burnham requested addition to the Agenda of an item for General Board Discussion.
CORRESPONDENCE:
REMINDER: Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions - Saturday, March 28, 2009.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:00 p.m.
Savaria moved/Osborn seconded/VOTE: In Favor: Unanimous
Respectfully submitted,_________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetland Watercourse Agency
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