TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
April 1, 2009
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), John Malin, Richard Osborn, Ronald Savaria, Robert Slate, Michael Sawka, and Alternate Members Alan Baker, John Burnham, and Kathryn Roloff (arrived 7:20 p.m.)
Unable to Attend: Regular Member Michael Koczera.
Chairman Ceppetelli noted the establishment of a quorum with six Regular Members and three Alternate members. Chairman Ceppetelli reported the Alternates will serve, in rotation, on each application as it comes before the Board. Also present was Wetlands Agent Newton.
AGENDA ADDITIONS:
Chairman Ceppetelli noted the following new items to be added to the Agenda for this evening’s Meeting:
1) 84 Newberry Road - Application of Mark Webb for a permit modification to conduct regulated activities associated with construction of a 40’ x 60’ building and parking area with driveway. Total parcel is 2.63 acres served by septic system and public water.
2) 161 South Main Street - Application of Southern Auto Sales for a permit modification to conduct regulated activities associated with the installation of an aboveground fuel station. Total parcel is approximately 182 acres served by public water and public sewer.
3) 10 Shoham Road - Application of U.S.A. Hauling & Recycling, Inc. for activities associated with drainage improvements to storage area created on fill placed in regulated area. Total parcel is 9.2 acres served by public water and public sewer.
4) Additional Correspondence: Letter from J. R. Russo regarding Wetland Permit
#1336, associated with the Charbonneau gravel operation in Windsorville. All work within the Upland Review Area has been completed and the permit is set to expire on April 7, 2009.
MOTION: To ADD to the Agenda for the April 1, 2009 Meeting under NEW APPLICATIONS TO BE RECEIVED/1)[which becomes Agenda item VIII/#3] 84 Newberry Road - Application of Mark Webb for a permit modification to conduct regulated activities associated with construction of a 40’ x 60’ building and parking area with driveway. Total parcel is 2.63 acres served by septic system and public water; 2)[which becomes Agenda item VIII/#4] 161 South Main Street - Application of Southern Auto Sales for a permit modification to conduct regulated activities associated with the installation of an aboveground fuel station. Total parcel is approximately 182 acres served by public water and public sewer; 3)[which becomes Agenda item VIII/#5] 10 Shoham Road - Application of U.S.A. Hauling & Recycling, Inc. for activities associated with drainage improvements to storage area created on fill placed in regulated area. Total parcel is 9.2 acres served by public water and public sewer; and 4) [which
becomes Agenda item VIII/6] Additional Correspondence: Letter from J. R. Russo regarding Wetland Permit #1336, associated with the Charbonneau gravel operation in Windsorville. All work within the Upland Review Area has been completed and the permit is set to expire on April 7, 2009.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES - 3/4/09:
MOTION: To APPROVE the Minutes of Regular Meeting dated March 4, 2009 with the following amendment: Page 7, Line #284, under CONFERENCES/SEMINARS/TRAINING: “.........Wetlands Agent Newton advised the Commission that the Board of Selectmen...........”
Osborn moved/Burnham seconded/
VOTE: In Favor: Ceppetelli/Malin/Osborn/Sawka/Slate/Burnham/Roloff.
Opposed: No one
Abstained: Savaria
PUBLIC HEARING (on Inland Wetland applications): 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. (35-day application period ends May 6, 2009):
Chairman Ceppetelli read the description for this Item of Business. LET THE RECORD SHOW Alternate Member Burnham will sit in on this Item of Business.
Appearing to discuss this Application was Jay Ussery and Tim Coon, of J. R. Russo and Associates; also available in the audience was Michael Gragnaloti, Soil Scientist. James Balch, the owner of All American Products Corp., joined discussion later in the presentation.
Mr. Ussery noted the application team received comments from David Askew, of the North Central Conservation District, Inc. (NCCD) today, and also received staff comments (from Wetlands Agent Newton, and Town Engineer Norton) yesterday. They would like to present an overview of the project this evening, and continue the Public Hearing to the next month to give them time to address the comments received.
Mr. Ussery gave a history of the Application, which goes back a number of years. Fill was placed on the west side of South Main Street behind Balch’s cell tower and the old Balch Body Shop, which is currently occupied by Armster Lumber. The fill was initially placed in the northerly location without benefit of permit; the Applicant came in a couple of years ago with an application to allow that activity. At that time the Commission requested the removal of that fill and stabilization of the slopes. The Applicant subsequently received a permit from this Commission, and the Planning and Zoning Commission because the amount of fill was in excess of 100 cubic yards. The Department of Environmental Protection (DEP) has issued a letter with the stipulation that the
fill be removed from “this” (the northerly) location. Mr. Balch has entered into an agreement with the Gudzunas Family to purchase approximately 3 1/2 acres of land behind the old Balch (Auto) Showroom. The Applicant would like to take the fill material from “here” (the northerly location) and relocate it to the Gudzunas property. There is a 60” RCP pipe, which acts as a drainage outfall, on the Gudzunas property which was installed 30 to 40 years ago. That pipe currently takes storm drainage from the east side of Route 5 and the Route 5 roadway, and drainage from the Balch property. Mr. Ussery reported there is also an intermittent watercourse which flows into the meadows and works its way back to the north and west and then into Quarry Brook, and the Connecticut River.
Commissioner Osborn advised Mr. Ussery the watercourse is not intermittent. The watercourse runs year round and comes from the east side of Route 5 behind Henry’s Trailer Park and the Southern Auto Sales parking lot; it goes almost up to Scantic Road. Chairman Ceppetelli questioned if Commissioner Osborn would consider the watercourse a brook? Commissioner Osborn replied affirmatively, noting he is familiar with the area since he was a young man. Mr. Ussery indicated he hadn’t walked the area past the Balch property.
Mr. Ussery reported they would be replacing the 60” RCP pipe with another pipe, which would require clearing the vegetation, placing fill over the top of the pipe and filling the area up.
Mr. Ussery reported the intent of the present Application is twofold: 1) to take care of the present situation “here” (the northerly location), and 2) to create more useable storage space on the new/Gudzunas property.
Commissioner Burnham questioned who ruled in this situation, the DEP or the local Commission? Wetlands Agent Newton reported that the Inland/Wetlands Commission has ruled for the fill material to be removed from the northerly location, and DEP has ruled, and issued an order, on the activity as well. That action isn’t covered under the permit currently before the Commission. The DEP has stipulated that they want this Commission to rule concurrently.
It was noted the clearing (to replace the 60” RCP pipe in the southerly location) would occur in the 150’ Upland Review Area. Mr. Ussery indicated the pipe replacement and fill would occur in the watercourse. Commissioner Savaria questioned what would the storage area be used for? Mr. Ussery indicated it would be additional storage for cars and trucks. Commissioner Slate questioned how many trees and how much vegetation would be removed? Mr. Coons indicated he didn’t know the exact acreage of the Upland Review Area, but they would be disturbing 51,000 cubic yards, or approximately 1 1/4 acres, of material. Wetlands Agent Newton indicated that David Askew, of the NCCD, has identified the area as a perennial stream; it’s not just a wet area. He has cited
concern that the wetlands extends beyond that area. Mr. Gragnaloti, speaking from the audience, noted he has not yet flagged the wetlands. Chairman Ceppetelli questioned that the vegetation would be cleared, not buried? Mr. Ussery replied affirmatively.
Commissioner Osborn questioned if the soil, which had been requested to be removed and has not yet been removed, has been tested? Or has it been established where it came from? Mr. Ussery replied he didn’t know. Chairman Ceppetelli and Commissioner Osborn cited concern that the material could be contaminated. Mr. Coons replied that contaminated soil is usually documented; Chairman Ceppetelli and Commissioner Osborn agreed - usually.
LET THE RECORD SHOW Commissioner Roloff arrived at 7:20 p.m.
Chairman Ceppetelli questioned if the application team had a fairly accurate estimate of the amount of fill material being deposited on the southerly location? Mr. Ussery suggested at least 6,500 cubic yards of material, and more will be required to bring the area back up to grade. Chairman Ceppetelli questioned what the elevation is; would the material be going back into the flood encroachment area? Referencing the plans before the Commission Mr. Ussery noted the orange line is the channel encroachment line, and the fill was placed into “here” riverward of the channel encroachment line. That material would be removed, and placed over at the Gudzunas property. Mr. Ussery indicated the elevation is 32.5, and the watercourse is within the 100 year flood area. When the Connecticut River backs up “this” (southerly) area would be flooded, and back up into the pipe.
Chairman Ceppetelli clarified that the Applicant would be moving the material from one location and redepositing it in another location. Mr. Ussery reiterated they are fixing the channel encroachment issue on one location; they are taking the material riverward of the channel encroachment line and removing it. It would be placed back of the channel encroachment line. With regard to the flood area, Mr. Ussery suggested they are dealing with the Connecticut River. The area being considered is so minute in relation to the flood area. Chairman Ceppetelli noted that if everyone wanted to do that it could become a problem in the area. Mr. Ussery agreed it could be a problem, but in the DEP’s letter they didn’t have a big concern because the flood area and
drainage area is so large it’s like a pin drop. Commissioner Osborn suggested this is a wetlands area that will be filled. Mr. Ussery suggested the grades go up fast. Commissioner Osborn clarified that the area was filled years ago with old appliances, etc.
Wetlands Agent Newton READ FOR THE RECORD memo dated March 30, 2009, from David Askew, District Manager, North Central Conservation District. Chairman Ceppetelli requested clarification of the amount of material being removed (from the northerly location) and what is the total amount of material needed (for the southerly location)? Mr. Ussery indicated 6,500 cubic yards of material will be removed from this site. Mr. Coon indicated a total of 10,000 cubic yards will be required to fill; an additional 3,500 cubic yards of fill in excess of the amount being removed will be added to the site.
LET THE RECORD SHOW James Balch, the property owner, arrived at 7:32 p.m.
Wetlands Agent Newton READ FOR THE RECORD her memo dated March 31, 2009, which summarizes her comments and concerns, and outlines various application requirements and additional information required. A brief summarization of the items needed include: 1) submission of a soil scientist’s report; submission of assessment report; 3) submission of alternative solutions; 4) define purpose of storage area; 5) review plans in relation to the most recent Flood Insurance Rate Maps adopted in September, 2008; 6) submission of analysis of the chemical and physical characteristics of material being removed, and subsequently relocated; 7) submit description of ecological communities and functions of watercourse; 8) drainage report for the contributing watershed area; see memo for
four specific concerns.
Commissioner Roloff referenced the map before her, suggesting the proposed slope is quite steep. Mr. Balch, speaking from the audience, questioned when the slope was changed? Mr. Ussery suggested the proposed grade is 3:1, which is pretty standard for slope stabilization.
Chairman Ceppetelli queried the audience for comments; no one requested to speak.
Chairman Ceppetelli summarized the Commission’s requests for the next meeting.
Information to be provided for the next Commission Meeting:
1) Chairman Ceppetelli suggested the Commission wants to know where the fill came from, and what the material of fill was. Mr. Ussery reported the material hasn’t been tested to Mr. Balch’s knowledge. Commissioner Osborn concurred that the Commission can’t consider this Application until it knows where the material came from.
Mr. Balch opposed the request for testing; he questioned if anyone other than himself was asked to provide such information. Wetlands Agent Newton noted that U.S. A. Hauling has been asked to provide testing for the application for 10 Shoham Road presently before the Commission.
2) See requirements outlined in Wetlands Agent Newton’s memo dated March 31, 2009, including, but not limited to, those items listed above.
Mr. Ussery and Mr. Coon concurred they will work with the memos provided and the Commission’s requests and prepare that information for the next meeting. Mr. Balch questioned why the application was being continued to the next meeting? Chairman Ceppetelli pointed out the application lacks significant information.
MOTION: To CONTINUE the Public Hearing on 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 - until the Commission’s next regularly scheduled Meeting to be held on May 6, 2009, at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/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 May 8, 2009:
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Commissioner Roloff will be sitting in on this Application.
Appearing to discuss this Application was Chris Lefleur, owner of 222 North Road. Mr. Lefleur reported he kept area in the same grade; he did cut down some trees and did replant some trees but Mr. Lefleur felt that activity didn’t occur in the wetlands area.
Wetlands Agent Newton reported she has provided the Commission with a copy of the Minutes of Inland/Wetlands Meeting dated November 2, 2005 regarding Mr. Lefleur’s application (which was denied), and her memo dated March 25, 2009 summarizing the results of her site visit of December 2008.
Chairman Ceppetelli recalled that during the previous application Mr. Lefleur had promised not to do any additional filling; however, it appears that discussion was not adhered to. Chairman Ceppetelli questioned how the Commission could know Mr. Lefleur would do what he is discussing this evening? Mr. Lefleur reported when he appeared before the Commission previously he wanted to fill in more area, yet keep the grade, to have a nice green lawn. He was satisfied with what was done. Mr. Lefleur felt Wetlands Agent Newton and Town Engineer Norton are ok with what he has done; his neighbors don’t have any problem.
Wetlands Agent Newton reported her memo notes that in reviewing his previous application, for which a permit was denied, he was asking to place 5,000 cubic yards of material in the drainage swale. In actuality he has deposited 940 cubic yards of material - a substantial difference in the amount of material. Her inspection occurred after a significant storm event and Mr. Lefleur’s actions did nor cause any adverse affects on downstream drainage, or adverse impact to downstream abutters or the wetlands. The area acts as a back-up area. Wetlands Agent Newton suggested if the Commission did grant approval for this Application they could add a condition “that the applicant consents to no more filling in this area”. Mr. Lefleur reported he would like to touch up
the area around the pipe so the water goes in properly, and would also like to plant more trees 20’ into the yard (which would not be in the wetlands).
MOTION: To APPROVE the 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. Approval to include the ADDITIONAL CONDITION that there will be NO MORE LARGE AMOUNTS OF FILL, large amounts of fill defined as less than a yard, in the wetlands.
DISCUSSION: Commissioner Burnham felt Mr. Lefleur shouldn’t be allowed to add any more fill; he was shot down; he apologized; asking to add a bit more fill is like picking at a scab. Chairman Ceppetelli felt the issue of concern was that the area was acting as a water storage area. Wetlands Agent Newton suggested Mr. Lefleur’s property is acting like a detention basin; when the area gets filled it flows through Mr. Lefleur’s property and through the neighbor’s property.
Osborn moved/Savaria seconded/VOTE: In Favor: Unanimous
CONTINUED APPLICATIONS OR BUSINESS/2) Mahoney Road - Application of Elzear Rodrigue for resubdivision for one residential home. Total parcel is 11.43 acres. (65-day application period ends May 8, 2009:
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Commissioner Baker will be sitting in on this Application.
Appearing to discuss this Application was Jay Ussery, of J. R. Russo and Associates, representing the Applicant. Mr. Rodrigue was available in the audience.
Mr. Ussery described the location of Mr. Rodrigue’s property on Mahoney Road. The proposal is for the resubdivision of the existing parcel which would create an additional 3+/- acre building lot. The new lot would allow construction of one home, which would be served by a septic system and public water. The parcel contains two wetlands areas: 1) a ravine with loamy sands layered over clay which causes water to bleed from the bank, and 2) an isolated area that fills with water and dries out in the summer which is located near the tree line adjacent to the agricultural field. Mr. Ussery reported the engineered septic system would be located in the wooded area. Although there will be no disturbance to the wetlands almost all of the land is located within the
150’ Upland Review Area. A conceptual dwelling location, which is about 50’ from the isolated wetlands, has been shown on the plans. Mr. Ussery indicated if the Commission approves this Application and Mr. Rodrigue sells the lot a new buyer would have to return to the Commission for review and approval of the new location.
Chairman Ceppetelli questioned how far is the distance of the leach field and septic tank from the wetlands? Mr. Ussery indicated the septic tank is approximately 70’ from the wetlands island, and the leach field, at its closest point, is approximately 100’ from the other wetlands. The area is graded towards the wetlands.
Mr. Ussery was provided a copy of Town Engineer Norton’s memo dated March 23, 2009. Wetlands Agent Newton also reviewed the comments noted in her memo dated March 25, 2009. She has recommended that the location shown on the plans for the temporary stockpile be moved to the other side, or in front, to allow a greater distance from the wetlands. She noted she concurs with Town Engineer Norton’s recommendation that the proposed house location be moved further away from the wetlands; she agreed that there is room for the house location to be shifted forward. Wetlands Agent Newton also noted she has recommended that the footing drain be pulled back by 10’, and that erosion controls be placed at the end of the drain. With regard to the proposed location of the
leach field, Wetlands Agent Newton noted she is not in favor of locating the leach field upgrade of the wetlands, but in this case there is no prudent or feasible alternative.
Chairman Ceppetelli questioned the proposed pump system. Mr. Ussery indicated they are proposing a septic tank which goes into the pump chamber; they are trying to provide a days worth of additional storage if there is a power outage. There is an alarm that would tell the owner there is a problem with the pump. Chairman Ceppetelli noted the proposed lot is served by public water; the homeowner could continue to use the toilets if there was a power failure. Mr. Ussery concurred, but noted that could cause the sewage to back up into the house. Chairman Ceppetelli requested Mr. Ussery to address that issue for the next meeting.
Commissioner Burnham questioned if two dwelling locations could be proposed so a buyer could choose one or the other? Discussion followed regarding options. It was felt future development would require a completed site plan prior to approval of construction of the home.
MOTION: To CONTINUE Mahoney Road - Application of Elzear Rodrigue for resubdivision for one residential home - Total parcel is 11.43 acres - until the Commission’s next regularly scheduled Meeting to be held on May 6, 2009, at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Slate moved/Osborn seconded/VOTE: In Favor: Unanimous
NEW BUSINESS: None.
NEW APPLICATIONS TO BE RECEIVED/1) Scantic Road - Application of Daniel Bell to conduct regulated activities associated with a one lot subdivision and creation of a rear lot. Total parcel is 12.44 acres served by a private well and septic system. (65-day application period ends June 5, 2009):
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Commissioner Burnham will be sitting in on this Application.
Appearing to discuss this proposal was Daniel Bell, of 228 Scantic Road. Mr. Bell reported he is proposing to subdivide the parcel to create an additional house lot. The North Central Health District (NCHD) has tested the proposed lot, and approved installation of a septic system.
Chairman Ceppetelli questioned if the proposed location is the only viable area for the septic system? Wetlands Agent Newton and Mr. Bell both replied affirmatively. Mr. Bell noted the NCHD has tested the location several times; Design Professionals prepared the design for the septic system. Wetlands Agent Newton noted the NCHD has signed off on the proposed septic system location.
MOTION: To ACCEPT/RECEIVE New Application for Scantic Road - Application of Daniel Bell to conduct regulated activities associated with a one lot subdivision and creation of a rear lot. Total parcel is 12.44 acres served by a private well and septic system.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/2) North Road - Application of East Windsor Water Pollution Control Authority to conduct regulated activities associated with extending the municipal sanitary sewer from the he existing pump station to Mullen Road. (65-day application period ends June 5, 2009):
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Commissioner Roloff will be sitting in on this Application.
Appearing to discuss this Application was Jay Ussery, of J. R. Russo and Associates. Mr. Ussery noted that a pump station currently exists on North Road located to the west of Shoham Road (near the building previously occupied by Marsh Motorcycle). That structure is 40 to 50 years old. The Water Pollution Control Authority (WPCA) would like to eliminate that structure and replace it with a new facility and extend sewer service east on North Road up to Mullen Road. Mr. Ussery noted there are a number of wetlands areas on both sides of North Road within the proposed service area; he identified several for the Commission. All the wetlands areas have been delineated. Mr. Ussery noted there is a large culvert opposite the Trolley Museum which picks up drainage from
the Trolley Museum, Borrup Road, and part of Newberry Village. They are proposing to extend the sewer line behind the W. B. Mason Building (and the Mardi Gra) to an area behind the present location of the turkey shoot. They are proposing to build a new pump station near the turkey shoot, and pump uphill. There is a wetlands in the field near the turkey shoot; there will be a temporary disturbance of the wetlands of under 5,000 cubic feet to install the sewer line. Mr. Ussery suggested the construction of this new pump station would be similar to the construction of the pump station on Newberry Road and the work done in or near the wetlands at that site.
Mr. Ussery reported the WPCA has proposed this sewer extension in their Capital Improvement Plan for 20+ years but it has never been funded by the Town. A proposal for funding by a developer didn’t occur. Mr. Ussery noted there are failing septic systems along North Road. The owner of the Golden Gavel Auction facility can only consider certain types of tenants because of the failing septic system at that location. Mr. Ussery reported the sewers are needed. Wetlands Agent Newton reported the State is looking for “shovel-ready” projects which would be ready to go if money becomes available; this project would qualify s one of those projects.
Chairman Ceppetelli requested someone from the WPCA attend the next Commission meeting. Mr. Ussery reported Kevin Leslie, of the WPCA, will appear to discuss the Application. Commissioner Savaria questioned where the sewer line would be located? Mr. Ussery indicated some of the sewer line would be located within the pavement and some would be off the road.
The Commission concurred to hold a Public Hearing on this proposal.
MOTION: To ACCEPT/RECEIVE North Road - Application of East Windsor Water Pollution Control Authority to conduct regulated activities associated with extending the municipal sanitary sewer from the he existing pump station to Mullen Road. The Commission has determined this Application will be subject to a Public Hearing.
DISCUSSION: Mr. Ussery noted they would notify abutters but questioned where they should post signs for the Public Hearing? Chairman Ceppetelli suggested posting signs in several strategic locations along North Road. Discussion continued regarding potential funding for the project and possible funding sources, the public’s interest in extending the sewer line, and the extent of failure of existing septic systems.
Savaria moved/Roloff seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/3) 84 Newberry Road - Application of Mark Webb for a permit modification to conduct regulated activities associated with construction of a 40’ x 60’ building and parking area with driveway. Total parcel is 2.63 acres served by septic system and public water.
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Commissioner Baker will be sitting in on this Application.
Wetlands Agent Newton reported Mr. Webb lives at 84 Newberry Road. He has previously received permission to construct a construction yard at this location under a different plan than is being proposed presently. Mr. Webb will be appearing before the Planning and Zoning Commission to install a large garage and gravel storage area.
Wetlands Agent Newton indicated Mr. Webb didn’t want to appear before this Commission as he felt the construction had been signed off administratively under the previous application. She noted this is the third plan she has seen; the building has increased in size to a present proposal of 2,800 square feet. The wetlands have not been fully delineated; in some areas the delineation has been estimated. The proposed gravel parking lot slopes down towards the wetlands.
The Commission discussed requesting a full site plan submission. Wetlands Agent Newton reported she has had difficulty dealing with Mr. Webb; he refuses to speak with her and chooses to approach Town Planner Whitten who in turn directs him back to Wetlands Agent Newton. The Commission considered the lack of necessary information, and possible denial options.
MOTION: To ACCEPT/RECEIVE ) 84 Newberry Road - Application of Mark Webb for a permit modification to conduct regulated activities associated with construction of a 40’ x 60’ building and parking area with driveway. Total parcel is 2.63 acres served by septic system and public water.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/4) 161 South Main Street - Application of Southern Auto Sales for a permit modification to conduct regulated activities associated with the installation of an aboveground fuel station. Total parcel is
approximately 182 acres served by public water and public sewer.
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Commissioner Burnham will be sitting in on this Application.
Appearing to discuss this Application was Jay Ussery of J. R. Russo and Associates. Wetlands Agent Newton reported this proposal could be signed off as a Wetlands Agent Decision but the proposed fuel station is 10’ from a wetlands; she felt the Commission would like to look at the proposal.
Chairman Ceppetelli questioned that there was no other place to build this fuel station? Mr. Ussery replied negatively. Chairman Ceppetelli questioned why it must be an above-ground station? Mr. Ussery suggested the above-ground facilities are built better; there is less chance of leaking than an underground system. The structure has triple walls (inner, secondary, and foam liner with a jacket around the whole structure); there is a detection system to alert the owner of any leak of the system. Mr. Ussery reported there is a similar structure located at the Town Garage.
Mr. Ussery reported the proposal is for the construction of the fuel station at the east corner of the site presently occupied by the car wash facility. They have many fleet cars which arrive at Southern Auto Sales (SAS) without a lot of gas and often run out of gas while going through the auction. SAS presently has another fuel station near Quarry Brook which has been installed on pavement and is about 12’ from wetlands, but that fuel station isn’t in a good location for the auction process.
Commissioner Savaria questioned the need for spill protection? Mr. Ussery indicated that if this facility failed the spill would go into the storm water system and eventually into Quarry Brook. Commissioner Burnham questioned if the fuel station is considered a permanent structure? Mr. Ussery replied negatively. Commissioner Baker questioned how long these facilities last? Mr. Ussery reported the fuel station near Quarry Brook has been built for 15 years; there have been no leaks that Mr. Ussery is aware of. He also noted SAS has a DEP trained employee team that does nothing but deals with spills, which are primarily leaks from car carrier’s hydraulic systems. The spill team is part of the stormwater discharge permit.
Commissioner Savaria questioned if the DEP has any recommendations regarding this proposal? Mr. Ussery reported the DEP permits underground fuel stations; the Fire Marshal and the Building Official permit above-ground facilities.
Mr. Ussery reviewed the traffic flow for the Commission, noting the cars come in to the right (east) of the car wash, then head west toward the auction. Chairman Ceppetelli suggested another location; Mr. Ussery reported there is no power in that area. Chairman Ceppetelli suggested there must be other feasible alternatives to the proposed location.
Commissioner Baker suggested constructing the fuel station on the grass. Mr. Ussery reported the structure is constructed on a concrete pad; he suggested they could install curbing around the concrete pad to direct spillage back into the parking lot rather than having the potential for the spill entering the wetlands. Chairman Ceppetelli questioned if there were any oil/water separators in the facility? Mr. Ussery reported the storm drainage system contains oil/water separators. Commissioner Roloff questioned if there were any feasible alternatives? Mr. Ussery reported the proposed location is the best location, and the proposed structure is the best equipment that can be purchased. Commissioner Burnham questioned if the Commission was approving the location, or what
goes on top of the location? Chairman Ceppetelli noted the property could be sold and the next person could put in something different. Mr. Ussery felt the Commission was approving the location, but noted they must acquire Building and Zoning Permits.
Discussion continued regarding other possible locations and the feasibility or functionality of those locations. Mr. Ussery indicated he would review alternative locations again.
MOTION: To ACCEPT/RECEIVE 161 South Main Street - Application of Southern Auto Sales for a permit modification to conduct regulated activities associated with the installation of an aboveground fuel station. Total parcel is approximately 182 acres served by public water and public sewer.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
Chairman Ceppetelli called a RECESS at 9:05 p.m.; the Commission RECONVENED at 9:10 p.m.
NEW APPLICATIONS TO BE RECEIVED/5) 10 Shoham Road - Application of U.S.A. Hauling & Recycling, Inc. for activities associated with drainage improvements to storage area created on fill placed in regulated area. Total parcel is 9.2 acres served by public water and public sewer.
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Commissioner Roloff will be sitting in on this Application.
Appearing to discuss this Application was J. R. Ussery, and Tim Coon, of J. R. Russo and Associates. Mr. Ussery reported that David Palmberg has sought their assistance with this project, as they did the Site Plan for the Penske property behind this parcel and have also worked on several other properties on Shoham Road. Mr. Ussery reported filling was done without permits. They have submitted plans for resolution of the site problems; wetlands have been flagged by Mike Gragnaloti. There are existing problems with storm drainage; most of the water runs off site. Removal of the existing fill material had been considered. The intent now is for most of the filled material to remain on site but slopes will be regraded; the area will then be paved. The material has been
tested; when the Application is heard Anchor Engineering will attend to discuss the test results.
Run off from the dumpsters will be addressed.
Wetlands Agent Newton reported that chemicals were found in the fill; a second round of testing was done to see if the test results were random. The Commission requested a written report, including the results of both rounds of testing, be submitted with the Application.
Wetlands Agent Newton questioned if the material is compacted enough to pave? Mr. Ussery indicated he understood that most of the material is aggregate material which was compacted to some degree. He noted the Applicant has been parking trucks at this site for several years.
Wetlands Agent Newton reported that drainage is a huge issue. Complaints have been received from neighbors. When the Application is heard a Public Hearing should be held.
MOTION: To ACCEPT/RECEIVE 10 Shoham Road - Application of U.S.A. Hauling & Recycling, Inc. for activities associated with drainage improvements to storage area created on fill placed in regulated area. Total parcel is 9.2 acres served by public water and public sewer.
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/6) Additional Correspondence: Letter from J. R. Russo regarding Wetland Permit #1336, associated with the Charbonneau gravel operation in Windsorville. All work within the Upland Review Area has been completed and the permit is set to expire on April 7, 2009.
See discussion under CORRESPONDENCE.
MISCELLANEOUS: Nothing.
AGENT DECISIONS/1) 20 Rice Road - Application of Susan Brosseau for regulated activities associated with construction of a screened porch. Total parcel is 1.84 acres served by public water and a septic system. (65-day application period ends June 5, 2009):
Wetlands Agent Newton reported this is an After-fact-Application; the porch has already been constructed. There is no Site Plan for this location; they needed to pull a GIS aerial of the property. The porch has technically been constructed in an Uplands Review Area; there is no impact to wetlands.
The Commission concurs with approval as an Agent Decision.
AGENT DECISION/Discussion: Dearborn/Newberry Road:
Mr. Dearborn continues to work on his drainage on Newberry Road. The Commission agreed to approval as an Agent Decision.
VIOLATIONS (for action or show-cause hearing): None.
STATUS REPORTS/1) Newberry Village - Site inspections:
Wetlands Agent Newton reported she has inspected the site this week; there is movement in the vernal pools. It was noted that Jim Giorgio purchased this development from the original developer. Commissioner Osborn reported the Commission has accumulated a large file on this Application; everything that was required for development of the site is in that file. (Soil Scientist) George Logan is an integral part of the project development; he is delinquent on at least his first report. Wetlands Agent Newton will continue to monitor the development.
STATUS REPORTS/2) USA Hauling (10 Shoham Road) - Update:
See discussion under RECEIPT OF APPLICATIONS.
STATUS REPORT/Reichle:
Wetlands Agent Newton reported she will meet with Mr. Reichle on Monday to inspect the site (Kogut property - Reservoir Avenue/Windsorville Road/Chamberlain Road). Mr. Reichle had continuously indicated there was no time that water wasn’t flowing through the area so he could make the repairs. Chairman Ceppetelli noted the area is a brook; the Commission had requested repairs be completed over the winter when the ground was frozen. East Windsor Park will open the end of May; that activity shouldn’t be disrupted due to this lack of repair.
Wetlands Agent Newton reported she will ask Mr. Reichle to attend the next Commission meeting if he won’t work with her directly.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule:
Various Commission members reported on their experiences, and education, during the recent training seminar.
CORRESPONDENCE/Letter from J. R. Russo regarding Wetland Permit #1336, associated with the Charbonneau gravel operation in Windsorville. All work within the Upland Review Area has been completed and the permit is set to expire on April 7, 2009.
Wetlands Agent Newton reported the Permit for the Charbonneau pit is due for renewal
April 7th. Discussion with Mr. Ussery has found that all the work in the Upland Review Area has been completed, and the area has been reclaimed. It does not appear that this Applicant needs a renewal.
GENERAL BOARD DISCUSSION:
Commissioner Burnham raised the following issues:
* requested that the decision dates on the Agendas be listed as May 8, 2009 rather than 5/8/2009 for better clarification.
* suggested the buffer area be reduced to 50’ from 150’. Wetlands Agent Newton noted the 150’ is just a review area. If the Commission chose to reduce the distance and an activity occurred outside that distance which caused impact to the review area the Commission would no longer have any jurisdiction. Should there be a lawsuit the Commission would have no jurisdictional authority to require remedial actions.
* regarding the Fee Schedule, Commissioner Burnham would rather see the fines charged to the violator rather than the landowner. As a landlord/landowner he is being required to remedy a violation he is not causing. Wetlands Agent Newton suggested it’s the responsibility of the landlord to control the activities of his tenant. In the case of a tenant violation she writes a Letter of Violation to the tenant and copies the landowner. If the Town has to go to court they can’t sue the tenant as they don’t own the property; the lawsuit must be made against the property owner.
Commissioner Roloff questioned who owned the land and the 150’ Upland Review Area adjacent to the Broad Brook Pond? Wetlands Agent Newton is not familiar with the history of the ownership of the pond; she suggested Commissioner Roloff check with the Assessor’s Office.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:45 p.m.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
Respectfully submitted,_________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetland Watercourse Agency
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