TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
March 4, 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), Michael Koczera, John Malin, Richard Osborn, Michael Sawka, Robert Slate, and Alternate Members John Burnham and Kathryn Roloff.
Unable to Attend: Regular Member Ronald Savaria.
Chairman Ceppetelli noted the establishment of a quorum with six Regular Members and two Alternate members. Following in rotation from previous meetings Alternate Burnham will sit in on Items of Business to be heard this evening. Also present was Wetlands Agent Newton.
LET THE RECORD SHOW Deputy Selectman Gil Hayes, the Board of Selectmen’s liaison to this Commission, arrived at 7:45 p.m.
AGENDA ADDITIONS:
Chairman Ceppetelli noted the following new items to be added to the Agenda for this evening’s Meeting:
1) Mahoney Road - Application of Elzear Rodrigue for resubdivision for one residential home. Total parcel is 11.43 acres. (65-day application period ends 5/8/09).
2) 244 & 246 South Main Street - Application of All American Products Corp. for culvert extension and backfill to create a storage area. Total parcel is 42.6 acres. (65-day application period ends 5/8/09).
Chairman Ceppetelli suggested the Application for 244 & 246 South Main Street should go to a Public Hearing; Wetlands Agent Newton agreed. She noted this application is
part of a Violation issue which occurred before her employment with the Town of East Windsor. The New Application being presented to the Commission is a two-part Application: Part 1) involves the area where the applicant is removing the fill material - with reseeding to follow - which is the resolution agreed to between the Applicant and the Connecticut Department of Environmental Protection (DEP) regarding the Violation issue; and Part 2) is the proposal for another stream encroachment on the opposite side of the parcel from where the fill is being removed. It is Wetlands Agent Newton’s understanding that the DEP wants the Applicant to return to them with the status of the current work; the Applicant must then apply for a second Permit from DEP for the proposed work under the
second part of this Application. Discussion of the process for hearing this Application will follow under the Agenda Item: NEW APPLICATIONS TO BE RECEIVED.
MOTION: To ADD to the Agenda for the March 4, 2009 Meeting under NEW APPLICATIONS TO BE RECEIVED/1)[which becomes Agenda item VIII/#2] Mahoney Road - Application of Elzear Rodrigue for resubdivision for one residential home. Total parcel is 11.43 acres. (65-day application period ends 5/8/09); and 2) [which becomes Agenda item VIII/#3] 244 & 246 South Main Street - Application of All American Products Corp. for culvert extension and backfill to create a storage area. Total parcel is 42.6 acres. (65-day application period ends 5/8/09).
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES - 2/4/09:
MOTION: To APPROVE the Minutes of Regular Meeting dated February 4, 2009 with the following amendment: Page 1, Line #42, vote on APPROVAL OF MINUTES - 1/7/09: Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous Ceppetelli/Osborn/Savaria/Slate/Burnham/Roloff , Opposed: None; Abstained: Koczera. (Commissioner Sawka arrived after the Approval of Minutes for the January 7, 2009 Meeting)
Osborn moved/Burnham seconded/
VOTE: In Favor: Ceppetelli/Koczera/Osborn/Sawka/Slate/Burnham/Roloff.
Opposed: No one
Abstained: Malin
CONTINUED PUBLIC HEARINGS (on Inland Wetlands applications):
There are no continuing Public Hearings.
CONTINUED APPLICATIONS OR BUSINESS:
There are no continuing Applications or Business.
NEW BUSINESS: None.
NEW APPLICATIONS TO BE RECEIVED/1) 222 North Road - Application of Christopher Lafleur for 940 square feet of wetlands within the front lawn that have been regraded. Total parcel area is approximately 2.59 acres served by a private well and septic system. (65-day application period ends 5/8/09):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was the owner of the property at 222 North Road, Christopher Lafleur.
Mr. Lafleur advised the Commission he tried to appear before the Commission previously, but he has now regraded in his front yard and planted grass, which he maintains. Mr. Lafleur reported he brought in a soil scientist (reference File Letter dated 9/2/2005 authored by James S. Sipperly, Soil Scientist, of Old Saybrook, CT. regarding a Field Site Visitation and Inland Wetlands and Watercourses Investigation at 222 North Road, East Windsor, CT.) Mr. Lafleur indicated he wanted to put in a lawn in front of the house similar to the other adjacent properties have. He felt the letter from the soil scientist suggests what he did is not that much in conflict with what would be allowed with regard to wetlands filling.
Discussion followed regarding the amount of filling. Notes on the map accompanying the Application indicate 5 yards in one area and (what is assumed to be) another 12 yards in another location.
Commissioner Roloff questioned how many trees were cut down? Mr. Lafleur reported he did not cut down any trees; he only removed one tree for the adjacent property owner which had fallen on the property line. Commissioner Roloff felt there were many more trees cut down than has been stated; Mr. Lafleur restated he had not taken down any trees.
Chairman Ceppetelli requested Wetlands Agent Newton research, and provide copies for the Commission members, of the previous Inland/Wetlands Commission Meeting Minutes for 222 North Road. He felt the Commission and Applicant were in agreement at that time that there would be no filling, or cutting of trees, in front of the house. Mr. Lafleur concurred. Chairman Ceppetelli felt that has not occurred. Mr. Lafleur indicated he cut down branches but did not cut down trees. Chairman Ceppetelli requested the tape for that Meeting be reviewed as well.
Commissioner Roloff questioned why Mr. Lafleur did what he was told not to do? Mr. Lafleur indicated he built a nice house, and everyone else on the street has a nice yard; he wanted to do the same thing. He felt the soil scientist had no conflict with his actions. He brought in loam and filled in the front. Mr. Lafleur reported his taxes went up; he
decided he wanted a nice yard so he filled in the front area. Mr. Lafleur referenced other subdivision in town, and Newberry Village, suggesting they did what he wanted to do. Commissioner Roloff suggested that Mr. Lafleur knew what the property was like when he purchased it. Mr. Lafleur concurred, but indicated he went through a two year process to build the house. He suggested it isn’t like the area under discussion is a functioning wetlands. Chairman Ceppetelli suggested the soil scientist said it was a functioning wetlands, and cited concern that Mr. Lafleur would be pushing water back on to the other properties. Mr. Lafleur suggested he did only three-quarters of what he wanted to do. Chairman Ceppetelli suggested any filling causes a back-up.
Chairman Ceppetelli questioned what the Commissioners wanted Mr. Lafleur bring with him when the Application is heard at the next meeting? Commissioner Osborn questioned if Mr. Lafleur had any photos of the property before he did the work? Mr. Lafleur suggested he might have some photos.
MOTION: To ACCEPT/RECEIVE New Application for 222 North Road - Application of Christopher Lafleur for 940 square feet of wetlands within the front lawn that have been regraded. Total parcel area is approximately 2.59 acres served by a private well and septic system. (65-day application period ends 5/8/09).
Burnham moved/Slate seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/2) Mahoney Road - Application of Elzear Rodrigue for resubdivision for one residential home. Total parcel is 11.43 acres. (65-day application period ends 5/8/09):
Chairman Ceppetelli read the description of this Item of Business.
Wetlands Agent Newton reported this Application was received late Tuesday afternoon. A concern is that the septic system for the existing house is uphill of the wetlands; if the septic system failed pollution of the wetlands could occur. The Applicant did not submit a letter from the North Central Health District (NCHD) with this Application. The Commission noted previous Wetlands Agents used a check list to process applications; one of the requirements to process an application was the submission of a letter from the NCHD. This Applicant must submit a letter regarding the results of the NCHD’s inspection during this Application review.
Commissioner Koczera questioned if the Application could be received as he felt it was incomplete. Wetlands Agent Newton reported the Applicant has paid his fee; he will be reminded of the need for the NCHD letter.
MOTION: To ACCEPT/RECEIVE New Application for Mahoney Road - Application of Elzear Rodrigue for resubdivision for one residential home. Total parcel is 11.43 acres. (65-day application period ends 5/8/09).
Osborn moved/Sawka seconded/VOTE: In Favor: Unanimous
NEW APPLICATION TO BE RECEIVED/#3) 244 & 246 South Main Street - Application of All American Products Corp. for culvert extension and backfill to create a storage area. Total parcel is 42.6 acres. (65-day application period ends 5/8/09):
Chairman Ceppetelli read the description for this Item of Business.
Chairman Ceppetelli reiterated that Wetlands Agent Newton has said this is a large and complex Application. His recommendation would be for the Application to be heard as a Public Hearing; Wetlands Agent Newton concurred that her recommendation would also be to hold a Public Hearing. She summarized again the two parts to the Application. Part 1) involves the area where the applicant is removing the fill material - with reseeding to follow - which is the resolution agreed to between the Applicant and the Connecticut Department of Environmental Protection (DEP) regarding the Violation issue; and Part 2) is the proposal for another stream encroachment on the opposite side of the parcel from where the fill is being removed. The Commission felt the Applicant is really
moving the first stream encroachment to another site. Wetlands Agent Newton concurred; she indicated she assumed the first stream encroachment was done without a permit, and she assumed the Applicant feels the second location is better. It was felt the second location is being proposed to provide a storage area for the lumber business.
Chairman Ceppetelli suggested similar Applications must be filed with the Planning and Zoning Commission; Wetlands Agent Newton concurred.
Commissioner Osborn questioned if the flood plain area for the Connecticut River was recently changed? Wetlands Agent Newton reported FEMA revised the Flood Plan Maps; areas that were not in the flood plain before are now in the flood plain. The Planning Department has the revised FEMA Flood Plain Maps.
Commissioner Roloff questioned where the Bald Eagle nest is in relation to this location? Wetlands Agent Newton noted the National Diversity Database has noted the existence of at least a couple of species of birds which should not be disturbed; the agency has recommended that no work be allowed between January 15th to June 30th.
MOTION: To ACCEPT/RECEIVE, WITH THE STIPULATION THAT THIS APPLICATION WILL REQUIRE A PUBLIC HEARING, the New Application for 244 & 246 South Main Street - Application of All American Products Corp. for culvert extension and backfill to create a storage area. Total parcel is 42.6 acres. (65-day application period ends 5/8/09).
Sawka moved/Malin seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/1) Draft Wetland Violation Citations & Procedures Ordinance
Revisions:
Wetlands Agent Newton reported the Board of Selectmen have requested the Schedule of Fines be removed from the Ordinance. If the specific amount of the fines are not stated in the Ordinance then if those amounts changed in the future an Ordinance revision would not be required. Wetlands Agent Newton reported the Schedule of Fines will be a separate document; she read the proposed Ordinance language with regards to the Schedule of Fines for the Commission.
AGENT DECISIONS: None.
STATUS REPORTS/1) Newberry Village - Site inspections:
Wetlands Agent Newton reported the Applicant, James Giorgio, had substantial erosion controls which needed to be taken care of, but that work has been delayed due to the recent heavy snow accumulation. She has sent Mr. Giorgio a letter advising him that a status report from REMA must be received by the Commission meeting in May. She has not received a response from Mr. Giorgio.
STATUS REPORTS/2) USA Hauling (10 Shoham Road) - Update:
Wetlands Agent Newton reported David Palmberg, representing USA Hauling, is now working with J. R. Russo & Associates regarding this potential application. They have not attended this meeting because chemicals were found in the test results; they are retesting the area. Wetlands Agent Newton reported Mr. Palmberg keeps her apprised of the progress by phone.
Commissioner Roloff questioned if the Commission is aware of where the test areas were? She noted if the tests were completed by a reputable company they are valid. Wetlands Agent Newton suggested the specific areas of testing were not known to the Commission. Chairman Ceppetelli felt he concurs with Commissioner Burnham’s comment at a previous Meeting that the fill should be taken out of the site. Wetlands Agent Newton suggested the Town has no definition of clean fill but USA Hauling has all kinds of materials, including road pavement, in the site. Commissioner Burnham suggested the dumpsters are also contributing to the problems at the site.
Chairman Ceppetelli referenced Attorney Houlihan’s letter written on behalf of Down Realty, a downstream property owner. Chairman Ceppetelli noted Attorney Houlihan had requested to be included in a site walk of the property. Wetlands Agent Newton noted she has clarified that her site walk was done as a Town official. Even if the Commission chose to do a site walk, they are not able to invite others to attend unless the site walk is done as part of a Public Hearing, at which Minutes are taken. Wetlands Agent Newton noted she would not recommend a Public Hearing, which would include a site walk.
Discussion of Public Hearings brought up questions regarding certification of Commission members. See discussion below under CONFERENCES/SEMINARS/TRAINING.
CONFERENCES/SEMINARS/TRAINING:
Wetlands Agent Newton advised the Commission that a new law may be proposed to require members of municipal Inland/Wetlands boards to state on the record prior to Public Hearings if they have not acquired their certification. Wetlands Agent Newton reported she is certified; her certification covers the Commission legally. She noted that there is training available via a three part series offered through the DEP. Each segment of the series costs $60 per attendee. Wetlands Agent Newton advised the Commission the Board of Selectmen and the Board of Finance have put a freeze on funding for training; should any of the Commissioners wish to attend the series they would have to pay for the courses themselves.
LET THE RECORD SHOW Deputy Selectman Gil Hayes arrived at the Meeting at 7:45 p.m.
Commissioner Burnham questioned what the application fees go for? He felt the Commission’s bylaws indicate the fees are intended for that purpose. Chairman Ceppetelli reported the fees go into the Town’s General Fund. Deputy Selectman Hayes indicated the Police Department has made the same argument with regard to fees collected for false alarms. Wetlands Agent Newton reported there is a line item in the department budget for education but she is unable to request payment of the fees due to the freeze.
Commissioner Burnham indicated he would be willing to pay for his series himself.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule - a) 2009 Municipal Inland Wetland Commissioners Training Program, March/April 2009:
Wetlands Agent Newton reported the request by Commissioners to attend this training occurred during this budget year - prior to the freeze. Commissioners Burnham and Roloff reported they plan to attend the seminar; other Commissioners will advise Wetlands Agent Newton after reviewing their schedules.
CORRESPONDENCE: None.
GENERAL BOARD DISCUSSION:
Ø Commissioner Koczera questioned if the regulations could be voice-read onto a cd - similar to an audio book? Chairman Ceppetelli indicated the task would have
to be completed by a volunteer as the budget is restricted. Commissioner Roloff volunteered.
Ø Commissioner Burnham raised the following questions:
1) Does the permit transfer with the land? Answer: Yes.
2) Can a decision be changed if it’s agreeable to the board and the applicant?
Answer: No, the applicant must re-apply.
3) Does an alternate member move up when a vacancy occurs for a regular member? Answer: The appointment must be made by the Board of Selectmen.
4) What is the breakdown of this Commission regarding Republic/Democrat representation? Answer: The Board of Selectmen can advise Mr. Burnham of the party split.
5) Do individual members have term limits? Answer: Terms are specific as to the number of years and run from the date of appointment.
6) What would be the preferred method to shut down a meeting which is getting out of control? Answer: Methods are listed in Roberts Rules of Order.
7) What is an Executive Session? Answer: Executive Sessions can be called for only specific reasons. Executive Sessions must be posted on the Meeting Agenda; only Commission members, their staff, and, if the Executive Session is called with regard to a specific person, then that person generally attends.
8) Has the Commission ever been sued, or its decision overturned? Answer: Yes, and yes.
9) What is the 150’ distance; does it affect the wetlands or upland review area? Answer: The distance is specified in the regulations. Commissioner Osborn suggested if a disturbance affects the wetlands the Commission can go further regarding protection.
10) Can you build a house in a wetlands? Answer: Yes, if you can acquire a permit.
11) Does a soil scientist have final say regarding where the wetlands are? Answer: If a soil scientist delineates a wetlands area during a Public Hearing, and no one else (no other, or opposing soil scientists) challenge that decision the Commission must take the soil scientist’s opinion. If two soil scientists testify, and disagree as to the delineation, then the Commission must choose which opinion is correct.
12) If an application is incomplete must the Commission accept it? Answer: State Statutes require that a Commission must accept an application, even if it’s terrible.
13) How long are meeting tapes kept? Answer: Two years.
14) What is a tie vote considered? Answer: A no vote.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:00 p.m.
Slate moved/Sawka seconded/VOTE: In Favor: Unanimous
Respectfully submitted,_________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetland Watercourse Agency
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