TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
May 6, 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), Michael Koczera, Richard Osborn, Ron Savaria, Robert Slate, and Alternate Members Alan Baker, John Burnham and Kathryn Roloff.
Unable to Attend: .Regular Members John Malin and Michael Sawka.
Chairman Ceppetelli noted the establishment of a quorum with five 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.
LET THE RECORD SHOW Deputy Selectman Gil Hayes, the Board of Selectmen’s liaison to this Commission, arrived at 8:20 p.m.
LEGAL NOTICE:
The following Legal Notice, which appeared in the Journal Inquirer on April 23, 2009, and April 30, 2009, was read by Vice Chairman Osborn:
* Inland Wetland Application #7-2009 of the East Windsor Water Pollution Control Authority for an Inland Wetland permit to conduct regulated activities associated with extending the municipal sanitary sewer from the existing pump station, located on the south side of North Road, adjacent to 36 North Road to the east along North Road to the intersection of North Road and Mullen Road.
* Inland Wetland Application #10-2009 of U. S. A. Hauling & Recycling Inc., 10 Shoham Road, for an Inland Wetland permit to conduct regulated activities associated with drainage improvements to the storage area created on fill placed in regulated area. Total parcel is 9.2 acres served by public water and public sewer.
AGENDA ADDITIONS: None.
APPROVAL OF MINUTES - 4/1/09:
MOTION: To APPROVE the Minutes of Regular Meeting dated April 1, 2009, with the following amendments: Page 1, Line 39, “.....above-ground.......”; Page 4, Line #189, “Chairman Ceppetelli noted that if everyone wanted to slightly fill the wetlands area it could become a problem in the area.”; Page 6, Line #265, “Lefleur reported he kept the area in the same grade........”; Page 7, Line #286 “......significant storm event and Mr. Lefleur’s actions did nor not cause any adverse affects on downstream drainage,........”; Page 6, Line #295, “.......Christopher Lefleur for 940 square feet of wetlands within the front lawn that have had been regraded........”.
Slate moved/Osborn seconded/
VOTE: In Favor: Ceppetelli/Osborn/Savaria/Slate/Baker/Burnham/Roloff
Opposed: No one
Abstained: Koczera (not present)
CONTINUED PUBLIC HEARING (on Inland Wetland applications)/1) 244 & 246 South Main Street - Application of All American Products Corp. to conduct regulated activities associated with culvert extension and backfill to create a storage area. Total parcel is 42.6 acres. (35-day public hearing period ends May 6, 2009):
Chairman Ceppetelli noted receipt of letter dated May 6, 2009 from James Ussery, of J. R. Russo & Associates, LLC requesting an extension of the captioned application until the Commission’s June 3rd Meeting.
MOTION: To GRANT EXTENSION for the Public Hearing on the Application of All American Products Corp. to conduct regulated activities associated with culvert extension and backfill to create a storage area. Total parcel is 42.6 acres. The Hearing is continued to the Commission’s regularly scheduled Meeting to be held on June 3, 2009, in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
NEW PUBLIC HEARING (on Inland Wetlands applications/1) North Road - Application of East Windsor Water Pollution Control Authority to conduct regulated activities associated with extending the municipal sanitary sewer from the existing pump station on North Road to Mullen Road. (35-day public hearing period ends June 10, 2009):
Chairman Ceppetelli read the Hearing description. Appearing to discuss this Application was Jay Ussery, and Tim Coon, of J. R. Russo & Associates, representing the Applicant - the East Windsor Water Pollution Control Authority (WPCA); Kevin Leslie, Superintendent of the WPCA; and Paul Anderson, Chairman of the WPCA Commission.
LET THE RECORD SHOW Alternate Commission Members Roloff and Baker joined the Regular Commission Members with regard to actions taken on this Application.
Mr. Ussery reported the Application is to extend the sanitary sewer along Route 140 from the proximity of the existing pump station, which is located adjacent to the Marsh Motorcycle property, to Mullen Road. The existing pump station, which is approximately 40 years old, would be eliminated and replaced with a new pump station to be located across Route 140 on property behind the Mardi Gra and near the Lion’s Club Turkey Shoot area. The new sewer line will come around the W.B. Mason building, enter the street opposite the Trolley Museum, and extend down to Mullen Road. (A more detailed description of the line’s location follows under Mr. Coon’s testimony). The activity proposed to occur in the wetlands would be considered a temporary disturbance as it involves removal of soil,
installation of the pipe for sanitary sewer line, and backfilling the soil back into the trench in the same profile/order of material type as it was removed. In all, there would be 3 or 4 areas of wetlands disturbance.
Mr. Coon joined Mr. Ussery in the presentation to describe the construction of the pump station, construction and path of the sewer line, and various wetlands crossings. Mr. Coon indicated there is 7700 linear feet of sewer line being installed. They are replacing the existing/aging pump station, and installing 1,000 linear feet of line to get to the location of the new pump station. The sewer line will include an 8” gravity line and a 6” forced main to take the current flow of water, and an additional 10” forced main to handle future development along North Road. They will also be installing utilities. The sewer line will continue out of the existing W.B. Mason parking lot following the slope of the driveway, and continuing on out to Route 140. They
will be crossing a finger of wetlands to get to Route 140. Construction of the sewer line in this area will occur in the street as there is a pre-existing gas line located on the south side of the property. The sewer line will continue down Route 140 300 feet to Winkler Road, and then will return to the shoulder of the road. They will be installing laterals along the way, and will be providing for the potential for development along Winkler Road. The next wetlands crossing will be near the pond past Winkler Road; they will be installing a splash pad before continuing down North Road. The sewer line will continue past the Clynch property and Enfield Realty, then cross the road and continue down on the shoulder to Bassdale’s Plaza. From that point on there is no direct wetlands disturbance. There is a guardrail and wetlands on the north side of North Road in this location, the line will go back into the shoulder near Bassdale’s
Plaza. At 156 North Road there is an existing house which is close to the road so the sewer line will go back out into the road and end across from Mullen Road. Mr. Coon concurred that the wetlands disturbances, which will be approximately 4,270 square feet of area, are temporary. The sewer line will range from 6” laterals to a 24” pipe at the pump station; the depth of disturbance is 6’ to 50’.
Mr. Coon indicated the wetlands have been flagged by Michael Gragnolati, Soil Scientist.
Mr. Ussery noted they have keep the wetlands disturbance to a minimum. The intent for the sewer line goes back to the 1980s when they looked at the possibility of running a sewer line from the intersection of Route 5 and North Road near the Shell station. The WPCA has been trying to get this extension approved for at least 20 years.
Chairman Ceppetelli questioned the age of the existing pump station? Mr. Leslie, of the WPCA, suggested it was constructed in approximately 1967, which makes it the oldest pump station (at 40+ years old) in the Town’s sewer system. Mr. Ussery suggested elimination of the existing station eliminates the need for expensive maintenance.
Commissioner Roloff questioned where pipe would be stored during construction? Mr. Ussery indicated they hope to store most of the pipe in the parking lot behind the Mardi Gra, and possibly can work something else out with the Trolley Museum. Commissioner Roloff noted there are fragmites growing all around the Dunkin Donut property; she questioned what can be done to minimize them from getting into areas along this proposal? Mr. Ussery clarified that construction of the sewer line would not extend up to the Dunkin Donut property. He agreed seeds from the fragmites could blow into some of this area on the wind, but noted they would be planting a wetlands seed mix to re-establish vegetation as quickly as possible. Commissioner Roloff questioned when the project would start? Mr. Ussery replied he didn’t know.
Chairman Ceppetelli questioned if use of a seed mix blanket in the critical wetlands areas would alleviate Commissioner Roloff’s concerns? Commissioner Roloff replied she felt this project absolutely needs to be done, and she doesn’t want to see funding for the project to come from Town funds; she just had concerns for the spread of the fragmites. Mr. Ussery indicated they could include use of the seed mix blankets in the contractor’s bid packets.
Commissioner Savaria questioned if the line would include any concrete dams? Mr. Ussery replied affirmatively, noting the location of the check dams has not yet been finalized.
Commissioner Slate questioned the timeline for the project. Mr. Ussery indicated they don’t know when they will be able to start the project, but the project will take a full construction season.
Chairman Ceppetelli questioned if there is funding for the project now? Mr. Leslie replied negatively, noting they are trying to get the design done, and the approvals received, to submit the project to another round of stimulus funding. When approvals are received from this Commission they will then go forward to the Board of Selectmen and the Board of Finance to discuss progression of the project. Chairman Ceppetelli noted Inland/Wetlands approvals carry a one year limit; he questioned if the Commission would consider giving this project an extension during this approval process? Wetlands Agent Newton clarified that the permit would be good for 5 years, but work in the regulated area needs to be finished in 1 year.
Chairman Ceppetelli questioned if there were any significant areas of slopes involved in the project that would require erosion controls? Mr. Coon referenced the dark dashed line on the plans, noting that is the line identifying the location of erosion controls. Details for the installation of silt fence are included in these plans. Erosion controls will be located on the down gradient sides near the wetlands. The worse area would be the slope near the driveway on the W.B. Mason property, where the fence would be installed on the slopes while the wetlands are actually on the toe of the slope. The entire length of North Road along the proposed construction path is flat; there are no significant slopes on the side of the road.
Chairman Ceppetelli asked Mr. Ussery to describe the return of the soil to the trenches. Mr. Ussery indicated the contractor takes the soil out in the same striation (order) as it occurs in the ground; he removes the top soil first and sets it aside in one pile, then moves on to the next layer of soil and deposits it in another pile. The soils will be returned to the trench in the same “profile”. Commissioner Osborn questioned what would be done with the excess material? Mr. Ussery replied it would leave the site and be taken to a dump site. Commissioner Osborn questioned if much of the material would be clay? Mr. Ussery replied affirmatively, noting there may be some ledge around the back of the W.B. Mason building.
Chairman Ceppetelli noted receipt of the following correspondence regarding this Application: 1) Memo from Town Engineer Norton - Chairman Ceppetelli READ THE MEMO FOR THE RECORD, noting Town Engineer Norton takes no exception to the plans; 2) letter from Town Planner Whitten endorsing the proposal and seeking support of the Planning and Zoning Commission; and 3) letter to Kevin Leslie from William H. Blitz, Director of Health, North Central Health District - Mr. Leslie noted they have not specifically identified existing problems along this route but there are many homes and commercial plazas with existing septic problems; many homeowners call daily requesting resolution of their problems and the commercial plaza near Mullen Road must prohibit tenants with higher levels of water usage, such as
restaurants, hairdressers, etc.
Wetlands Agent Newton reported she has reviewed the Application; she agrees with Mr. Ussery that the wetlands disturbances are temporary in nature, and are minimal regarding impact. They have tried to keep out of the wetlands as much as possible. Wetlands Agent Newton reported she has no exceptions to the plan as well.
Chairman Ceppetelli noted the Application has been presented as a Public Hearing; he queried the audience for comments. No one requested to speak.
Commissioner Savaria felt the temporary disturbance to the wetlands far outweighs the benefits of the sewer extension along North Road.
MOTION: To CLOSE the Public Hearing on North Road - Application of East Windsor Water Pollution Control Authority to conduct regulated activities associated with extending the municipal sanitary sewer from the existing pump station on North Road to Mullen Road.
Osborn moved/Roloff seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Baker/Roloff)
Chairman Ceppetelli noted the Applicant is agreeable to a condition requiring the installation of a seed mix blanket in areas of close proximity to the wetlands. Wetlands Agent Newton recommended adding a condition to extend the 1 year requirement to 5 years.
MOTION: To APPROVE North Road - Application of East Windsor Water Pollution Control Authority to conduct regulated activities associated with extending the municipal sanitary sewer from the existing pump station on North Road to Mullen Road. Additional conditions: 1) incorporate use of seed mixture blankets in close proximity to the wetlands, and 2) extend to five (5) years the one (1) year requirement to finish the regulated activity.
Osborn moved/Roloff seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Baker/Roloff)
NEW PUBLIC HEARING (on Inland Wetland applications)/2) 10 Shoham Road - Application of U.S.A. Hauling & Recycling, Inc. for activities associated with drainage improvements to a storage area created on fill placed in regulated area. Total parcel is 9.2 acres served by public water and public sewer. (35-day public hearing period ends June 10, 2009):
Chairman Ceppetelli read the Hearing description. Appearing to discuss this Application was Jay Ussery, and Tim Coon, of J. R. Russo & Associates, LLC, representing the Applicant - U. S. A. Hauling and Recycling, Inc.; John Pisamonte, of U. S. A. Hauling and Recycling, Inc.; David Palmberg, of William R. Palmberg & Son, LLC (who prepared the mapping); and Scott Atkin, of Anchor Engineering, Licensed Environmental Engineer (who conducted the soil testing). Also present were Jonathan and Marcy Shoham, owners of Down Realty, L.L.C. and their attorney, Charles Houilhan, Esquire. The Shohams have filed as an Intervenor with regard to this Application.
LET THE RECORD SHOW Alternate Commission Members Roloff and Burnham joined the Regular Commission Members with regard to actions taken on this Application.
Mr. Ussery reported the Application is for the location at 10 Shoham Road (west side of Shoham Road); the building shown in brown on the plan is the Penske Truck Leasing building, the canopy is the fuel island, and the area in front is the storage yard which is paved with bituminous materials. The Penske operation has been there for 10 to 12 years; USA Hauling and their parent company owns the property to the north - 38 North Road, and the property to the south - Tri-K Realty, LLC. Mr. Ussery continued to describe various locations along Shoham Road owned by USA Hauling, or it’s subsidiaries. Mr. Ussery indicated USA Hauling has a welding facility at 38 North Road; the area depicted on the plan in gray is the storage area and the access area to the welding facility and the driveway to the rear. The area was filled over 5 or 6 years with fill material such as asphalt, concrete, brick, etc. There is a wetland area directly adjacent to the area to the west. Mr. Ussery reported
David Palmberg previously had an Application before the Commission which was withdrawn. During that application they talked about the wetlands, which have been flagged by Michael Gragnolati, Soil Scientist. The area behind Penske’s was flagged during the original Site Plan approval by John Ianni; Mr. Gragnolati agrees with that flagging. There was a concern that fill might have gone into that wetland. Mr. Ussery suggested that by reviewing the old Penske map, and other mapping of the area, and the official Town Wetlands Map, the red line on the is the wetlands line as identified by Mr. Ianni. Mr. Gragnolati agrees with that identification. The green line is from the official Town Wetlands Map; the green line follows Mr. Gragnolati’s line closely. The official Town Wetlands Map shows an intermittent watercourse that runs down and then drains into the detention basin out to North Road and then under North Road
(through a culvert). Mr. Ussery suggested the wetlands follows the intermittent watercourse up to North Road. Tri-State Diesel’s basin runs into the existing detention basin; much of the water comes from the Prospect Hill subdivision which was built before the institution of wetlands regulations. All that tells him is the fill is not within the wetlands; the water is going to the detention basin which is in a regulated area, but not a wetlands area. USA Hauling is applying for a permit to allow the material to remain in place, and to make drainage improvements.
Mr. Ussery continued that the Penske property was previously occupied by Country Club Cars, a firm that repaired and sold golf carts. Penske added on to the building, and paved much of the area and formalized the detention basin. There are drains in the parking area which flow into the detention basin and then out to Route 140 to the west. Mr. Ussery suggested changes have been made to the original drainage system. They are now modifying the existing drainage system to get everything back into the detention basin and allow water to exit out as proposed. Mr. Ussery noted they will be adding 1’ of fill to the area to provide 1’ of freeboard as recommended by Town Engineer Norton. They will pave what is now a gravel driveway, and will grade the area so no run
off will flow to the west side; everything will grade to the inside and go through a swale and into the detention basin. These modifications will cause no more run off to the area behind the Marsh Motorcycle property. Mr. Ussery described the various properties, and the ownership of each. Mr. Ussery noted the subject property is entirely surrounded by commercial properties, with the exception of the residential properties within the Prospect Hill subdivision which is upgrade of the USA Hauling property.
Commissioner Savaria questioned if the Prospect Hill subdivision has any detention basins? Mr. Ussery clarified that a section of the subdivision, rather than the entire subdivision, drains into the subject drainage system. The subdivision was built before the need for a detention basin; there is no provision made for their water as it bypasses this property.
Scott Atkin, of Anchor Engineering, a Licensed Environmental Engineer licensed by the State of Connecticut Department of Environmental Protection, took the floor. Mr. Atkin reported that as a result of Wetlands Agent Newton’s letter requesting the identification of the fill materials they did excavation test pits to determine what the materials were. They also spoke to USA Hauling to ask what materials were used for fill. Mr. Atkin reported they conducted 10 test pits around the property within the fill area. In his report dated April 28, 2009 Mr. Atkin noted “there are no metals or volatile organic compounds in the fill material from the test pits that exceed DEP criteria identified in the Remediation Standard Regulations. Petroleum hydrocarbons were detected in eight of
the samples. All of the detected concentrations are below the industrial/commercial Direct Exposure Criteria and the GB Pollutant Mobility Criteria. Most of the detected concentrations are below the more restrictive residential Direct Exposure Criteria and GA Pollutant Mobility Criteria.” Mr. Atkin suggested they first thought the materials were from fuel being dropped in those areas, but the test results had a high carbon number which would be inconsistent with motor oils. It would be more like asphalt, which had been identified as one of the fill materials.
Commissioner Roloff questioned how shallow were the test pits? Mr. Atkin referenced the table attached to his report, noting the varying depths of various test pits. He suggested were they looking for the test results in shallow areas where people might be exposed to them. Commissioner Roloff questioned if test pits were done in the middle of the site, or on the edges? Mr. Atkin referenced a shaded area as the area in question regarding the need for testing. Chairman Ceppetelli suggested there seemed to be an omission of testing on the north finger; he questioned what was the reason? Mr. Atkin suggested that based on the information that was given to them at the time they tried to keep the testing in the shaded area. They were given a map
within the 150’ of regulated area. Mr. David Palmberg, of William R. Palmberg and Son, requested to speak. He suggested the testing was done during the previous application, and most was done within the regulated area. Some was done outside the regulated area. Commissioner Burnham suggested he felt 10 test pits within an acre of area seemed like a good sampling to him. Mr. Atkin clarified that although they wanted to get samples at different depths most of the test pits were done at a depth of 1 1/2’ to 2’. He noted that one test pit was done at 5’, and test pit #3 was done on the hill. Commissioner Baker questioned if any water samples were taken? Mr. Palmberg suggested that at the time the detention basin and the intermittent watercourse was dry; there was no standing water at the time of testing.
Commissioner Roloff requested identified of the test pits on a larger map. Chairman Ceppetelli suggested it is critical for the Commission and the Planning Office to have good documentation; he questioned if the larger map had been submitted to Staff? Wetlands Agent Newton clarified that the file didn’t contain the larger map. Mr. Ussery NOTED FOR THE RECORD that the larger scale map has been submitted to Staff this evening.
Chairman Ceppetelli questioned if the test reports were submitted to the Soil Scientist for comments on the potential impact of the test results on the wetlands? Mr. Atkin replied negatively. Mr. Ussery reported they spoke with their Soil Scientist, Mike Gragnolati, who indicated that Mr. Atkin was the professional in that area. Mr. Gragnolati indicated he was not qualified to report on impact; Mr. Atkin is the Licensed Environmental Professional and would be the one to advise the Commission of the impact to the wetlands. In response Mr. Atkin suggested he didn’t expect any material to affect the wetlands, or the watercourse, at all based on the reported concentrations of materials and volatiles. Chairman Ceppetelli requested clarification that the materials wouldn’t get
into the stream, or that the materials wouldn’t affect the wetlands? Mr. Atkin reported he didn’t expect the materials to get into the wetlands. Chairman Ceppetelli questioned if the materials did get into the wetlands.........? Mr. Atkin reported there will not be an impact on the wetlands. Commissioner Baker questioned what if there were a large rain event? Mr. Atkin reported he felt you would have a bigger issue for the wetlands with the run off from the street. Commissioner Roloff suggested she is uncomfortable with the results of the testing; the depth of the test pits is too shallow.
Chairman Ceppetelli turned his questions to Mr. Ussery. He indicated Mr. Ussery has talked about stabilization of the steep slopes in the past; what’s there now, and what additional stabilization will be done? Mr. Ussery suggested the area to the west and adjacent to the proposed pavement will be regraded at a 2:1 grade, top soil will be brought in, and the area planted with a seed mixture. In addition, a line of jersey barriers will be placed on the west side perimeter to keep encroachment out of the wetlands. He noted he also talked about a condition for installation of buffer plantings. Mr. Ussery also noted they will be installing disks and posts next to the wetlands. Chairman Ceppetelli questioned if the proposed grades would be less steep? Mr. Ussery indicated they will be much less steep. The material being removed will be hauled off site. Mr. Coon indicated they will be using some of the material to build the area under the pavement to pitch back to a
collection swale. Chairman Ceppetelli questioned what the estimated amount of material to be removed would be? Mr. Ussery suggested they will provide the calculations for the Commission.
Chairman Ceppetelli questioned if the plans call for more than one catch basin? Mr. Ussery reported there would be 3 new ones installed. Chairman Ceppetelli questioned if the catch basins would include any oil/water separators? Mr. Coon indicated that all catch basins, including the existing ones, will be equipped with catch basin filters. Mr. Ussery added that 2’ standard sump pumps would be installed in the catch basins as well. Chairman Ceppetelli questioned if they had included a Maintenance Schedule? Mr. Coon indicated twice a year they will check for an oil sheen, the catch basins filters will be checked 3 times/year, and the filter material must be replaced once a year. Wetlands Agent Newton reported that the Planning Office had not received any reports
regarding maintenance in the past. Mr. Coon indicated they will add a reporting requirement to the Maintenance Schedule.
Chairman Ceppetelli noted there is an abutter, Down Realty, which has been experiencing drainage problems. Mr. Ussery reported there is a double catch basin in the Penske lot, and a drainage outlet. Down Realty is down gradient of “this”. When Penske’s drainage system was modified they (Down Realty) probably would have seen an increase in run off in their parking lot. If the plan before the Commission is approved the water going in that direction will be going back (piped) into the detention basin and finally will be directed into the swale. All pavement is pitched back to the east; the only run off would be what falls from the sky and misses the pavement; that’s what they get today. If the proposed plan is implemented the conditions will
improve.
LET THE RECORD SHOW Deputy Selectman Hayes arrived at the Meeting at 8:20 p.m.
The Commission then reviewed Wetlands Agent Newton’s memo dated April 28, 2009, which included the following comments (Wetlands Agent Newton’s responses follow the comment in parenthesis): 1) submission of wetland assessment report from professional soil scientist - (report submitted, review pending); 2) feasible and prudent alternatives - (submitted 4/30/2009 and included in Commissioner’s meeting packet); 3) submission of soil testing results - (see Minutes for expert testimony); and 4) comments from Town Engineer’s memo dated 4/21/2009 should be incorporated into site plans before decision by Commission - (see Minutes for expert testimony).
Chairman Ceppetelli questioned if Wetlands Agent Newton was satisfied with Mr. Atkin’s comments? Wetlands Agent Newton indicated that based on Mr. Atkin’s comments there doesn’t appear to be any movement. Soil Scientist Gragnolati has indicated that Mr. Atkin is the expert regarding this information. Wetlands Agent Newton has taken Mr. Atkin’s information as expert advice; this discipline is outside her realm of expertise.
Wetlands Agent Newton asked Mr. Ussery what the plan would be if the Commission asked for the fill to be removed? Mr. Ussery indicated they would revert back to the (original) Penske Site Plan and review the drainage system proposed under that plan.
Chairman Ceppetelli reported that Down Realty has notified the Commission of their intent to be considered for Intervenor status. Wetlands Agent Newton concurred, noting any party can intervene by giving verified pleading related to wetlands and watercourses. Verified Notice of Intervention dated May 6, 2009 was submitted at this Hearing this evening. Chairman Ceppetelli questioned if drainage would be a consideration for this Board? Wetlands Agent Newton reported this Board should consider the drainage issue in relation to the wetlands and watercourse, however, not in relation to damage incurred on someone else’s property. Chairman Ceppetelli READ THE NOTICE OF INTERVENTION FOR THE RECORD.
Chairman Ceppetelli noted the Application is being presented as a Public Hearing; he asked if Down Realty, or their representative, would like to make any comments?
Prior to anyone from Down Realty stepping up to speak Mr. Alan Marks, owner of the Marsh Motorcycle property, requested to speak. Mr. Marks reported that because three sides of the properties owned by both principals in this Application touch his property he had come into the Planning Office to speak with Wetlands Agent Newton. He was shown the “map”. Mr. Marks reported he was unaware that in the back of his property a plunge pool has been constructed; he has not walked out to the rear of the property. A plunge pool perhaps 10’ x 20’ has been constructed; an 18” pipe comes off the roadway into the plunge pool. There is no pipe taking the water out of the plunge pool; “the water goes where the terrain lets it go.” Mr. Marks suggested he has
had problems with run off for years before USA paved the area; silt has been coming down. They did do things to try to help the situation but then they paved the area. He noticed that maybe two or three years ago there was a lot of activity at the back of his property. It sounded like it was getting close. He was visited by one of the brothers and was told they were building a road, but were not on Mr. Marks’ property. Mr. Marks indicated he believed in the last couple of years the flooding is happening sooner. He indicated the (Marsh Motorcycle) building is 40 years old; there is clay under the building, everyone is telling him there is no absorption, so things happen. Mr. Marks questioned what’s going to happen? He noted he doesn’t need the plunge pool; is someone going to take it out? Is someone going to do something about that?
Mr. Ussery reported that if this Application is approved, and the proposed changes are made, that plunge pool will be removed. Chairman Ceppetelli questioned if the installation of the plunge pool was a result of adding the fill? Mr. Ussery indicated he felt it was put in last year as a modification of the drainage system.
Mr. David Palmberg, of William R. Palmberg & Son, LLC requested to speak. Mr. Palmberg reported there was a significant rain fall event and there was a complaint submitted from Down Realty. Previous Wetlands Agent Bednaz and Town Planner Whitten went out to the property and met with USA Hauling and Mr. Palmberg. The concern was the run off from the Penske property. The installation of the new plunge pool was noted; it was felt that most likely the installation occurred over the line. Mr. Palmberg reported he didn’t feel the installation of the plunge pool was done intentionally. Mr. Marks advised the Commission that he is a second defendant on “the lawsuit coming up”; the plunge pool must be taken care of. Wetlands Agent
Newton clarified for the Commission that there is a lawsuit pending in which Mr. Marks is identified as the person who authorized the installation of the plunge pool.
Attorney Charles Houlihan requested to speak; he identified himself as representing John and Marcy Shoham/Down Realty, of 32 North Road. The Shohams also run two businesses at that location. Attorney Houlihan summarized that Penske’s “was built” 12+/- years ago; the area was paved. There was concern with regard to the run off; J. R. Russo proposed three drainage features - a plunge pool (now found to be on Mr. Mark’s property), a riprap pool (relatively small), and a swale to channel the water down into “this” area - to provide protection of the downhill properties. Attorney Houlihan contended that USA Hauling knew there were drainage problems which would be exacerbated, plans were drawn up to deal with those issues, and those plans were approved by all
Town authorities in the mid 90s although the final plan didn’t get signed until last year. They (USA Hauling) built the road because of the welding facility without coming into the Town, and destroyed the swale and tore out the upland area and the vegetation. Attorney Houlihan estimated that approximately 1 acre of upland area was lost, which decreased the amount of absorption and accelerated the amount of flooding and created a significant problem.
Attorney Houlihan suggested the issue was raised as to whether or not flooding is a problem that could be addressed by the wetlands commission. He referred the Commission to Section 1 (later clarified as Section 1.1 ) of the (East Windsor) Wetlands Regulations which addresses the title and authority of the Wetlands Commission. Attorney paraphrased excerpts of the regulation, suggesting some of the goals of that regulation is the control of flooding and erosion, preventing damage from erosion, turbidity, or siltation, and preventing deterring and inhibiting the danger of flood and pollution.
Attorney Houlihan advised the Commission they have provided Staff with a video of the flooding, and have additional pictures.
The Commission called for a break to allow the Shohams time to set up their equipment.
MOTION: To TAKE A FIVE MINUTE BREAK.
Savaria moved/Burnham seconded
VOTE: In Favor: Unanimous Ceppetelli/Koczera/Osborn/Savaria/Slate/Burnham/Roloff)
The Commission RECESSED at 8:55 p.m.
MOTION: To RECONVENED the Meeting at 9:00 p.m.
Osborn moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Burnham/Roloff)
The Commission RECONVENED at 9:00 p.m.
The Shohams presented a video presentation and slide show depicting run-off from a slope (which they reported was the U. S. A. Hauling property) into a bituminous curbed corner; the video later depicted flooding of what the the Downs described as the parking lot of the Down Realty property. The Shohams described the slide show as occurring during a different rain event than the one depicted in the video. Chairman Ceppetelli requested the Shohams provide the dates of both events. One slide depicted one clear bag of white debris in one dumpster.
Jonathan Shoham/Down Realty suggested the dumpsters are not clean; he questioned if the dumpsters were moved so test pits could be done under the dumpsters?
Chairman Ceppetelli questioned where the stream of water was coming from? Mr. Shoham reported the water is coming onto the corner of his property; it’s not the plunge pool. The run-off includes dirt and sedimentation; they must dig out their drain at least once a month.
Attorney Houlian suggested that if the testing was done in January there is “the element of hiding the ball and not handing things in that should have been out for review.” Attorney Houlihan suggested someone also talked about maintenance and commitment to maintain the property. When Town Planner Whitten and previous Wetlands Agent Bednaz visited the property they had problems finding the plunge pool and the drainage pond; it hadn’t been maintained in years. Attorney Houlihan, on behalf of the Shohams, has submitted a letter from Ed Lally, a professional engineer from Windsor; Mr. Lally has submitted his opinion of the activity. When “they” terraced “this” area to install “this” roadway it increased the water run off, and
the rates of run off. Mr. Lally’s letter also discusses erosion of the soil. There is concern about the deposit of silt and sediment into the catch basins and wetlands on the other side of Route 140. There is also concern of (the run off) freezing which impacts public safety in a number of ways, and impacts the wetlands on the other side of Route 140. Attorney Houlihan felt that for them to come in belatedly to ratify what they have created was done without concern for the impact on the neighbors; they feel the Application should be denied.
Chairman Ceppetelli clarified that to deny the Application would not remedy the problem. Attorney Houlihan suggested they could restore it.
Attorney Houlihan suggested they know the impact of this one acre of impervious surface; it has created significant drainage problems. They feel it’s too little too late, and they should restore the property to its natural condition and do whatever they will do. We know the one acre of land doesn’t work.
Mr. Shoham suggested Mr. Ussery said they will maintain this, but they didn’t maintain any of this. He felt if they restore it to the way it was and add the drainage as designed and maintain it - we wouldn’t have the horrible problems we now have. Mr. Shoham reported that everything stored in the containers comes onto his property. He questioned if they tested for arsenic or bacteria. Mr. Shoham opposed having the dumpsters stored so close to his property. It smells in the Summer; it brings down his property values.
Marcy Shoham referenced someone’s comment that the containers are a zoning issue; she understands that but also feels it’s a wetlands issue because of what comes in there. They don’t know what is in that sludge. If this gets approved and water comes down, they will still have materials in the containers. Mrs. Shoham felt the container storage issue is in relation to the inland/wetlands issue.
Attorney Houlihan asked that the Hearing not be closed tonight so they can have time to review the material submitted at this Meeting. Mr. Ussery felt there wasn’t anything more they could say this evening. Chairman Ceppetelli suggested there seemed to be an extraordinary amount of water; Mr. Ussery indicated he didn’t disagree.
Noting that he may have misunderstood a comment made by Attorney Houlilan Mr. Ussery requested to clarify what he felt was an incorrect statement. It seemed Attorney Houlihan had said the Penske site was developed and built without proper review and approval by the Town Staff. That was an untrue statement. Attorney Houlihan then suggested he indicated the actual Zoning Certificate hadn’t been signed until this year when we came down to look at things; it had gone through the hearings, and been approved. Mr. Ussery reported it was approved by this Commission and the Planning and Zoning Commission, and it did function properly at one time. That dentition basin was built for that particular facility and functioned as it was designed.
Commissioner Savaria questioned if the Shohams had problems since the first day? Mr. Shoham indicated the drainage wasn’t the best in the world but then they put the road in; Mrs. Shoham suggested “they altered the landscape”. Mr. Ussery indicated that everything functioned as designed; there were no flooding issues. Wetlands Agent Newton reported the plans from 1996 show a detention basin; it’s there; it has not been altered.
Wetlands Agent Newton questioned if Mr. Lally had reviewed the plans when he made the comments reflected in his letter of May 5, 2009? She indicated that it didn’t appear that he did. She would like him to review the plans and offer his opinion on them as part of the record.
It was also noted the Soil Scientist Michael Gragnolati has submitted a letter indicating the wetlands are a low quality wetlands. Wetlands Agent Newton clarified that there are no wetlands shown on the official Town map in “this” area. The map on the wall of the Planning Office doesn’t show “these” wetlands, but she does have the Penske plan, and it agrees with what’s shown “on here”. These wetlands, while they may be low quality, they do serve some flooding purposes, however her concern from seeing the pictures is all the silt. Is it getting across the street? Wetlands Agent Newton indicated she would like to see something from Soil Scientist Gragnolati addressing what type of impact it might have to those wetlands
across the street from Route 140. Mr. Ussery requested to address that issue. He didn’t know that they could address that issue because the entire drainage system from Route 140 also discharges into that area, which gets sand and salt from all those drainage systems. He felt it would be difficult to identify that “this” came from that property, and “this” came for another property.
Chairman Ceppetelli questioned if they could test the water in the wetlands to see if there are any contaminants that match what is in the dumpsters? Mr. Ussery reported that the dumpsters that they looked at didn’t have much debris. Wetlands Agent Newton reported previous Wetlands Agent Bednaz had photos in the file which showed some trash in some of the containers; there were a lot of containers out there. When I walked the site with Mr. Palmberg and Town Planner Whitten there was metals in a container. Mr. Palmberg, of William R. Palmberg & Son, concurred there was metal in one of the containers and Town Planner Whitten and previous Wetlands Agent Bednaz found paper in one container on the south end of the site, but it wasn’t garbage or rubbish.
That was the material depicted in the photographs taken by Town Planner Whitten and previous Wetlands Agent Bednaz.
Chairman Ceppetelli noted that if the plan is acceptable to the Board the drainage must be more than enough to handle what’s in those containers. Mr. Ussery indicated the drainage that’s provided will handle the run off; they have provided inserts to take care of oil and greases. USA Hauling isn’t licensed to handle hazardous material; anything in the containers isn’t hazardous materials. Mr. Ussery suggested he didn’t think there was anything in there that will harm the wetlands. There might be a piece of paper that didn’t come out, or a brick that was left there.
Chairman Ceppetelli reported he understood the test pits were done in the area of the regulated area, but it seemed the run off in the video was actually coming from an area not tested; he reported he isn’t entirely comfortable with the testing. Mr. Ussery suggested if the Commission wants additional testing they will provide more information. He suggested if you look in the area in the video where the water is coming from - the Shohams seem to be indicating that this volume of run off comes from this area right “here”. There is no way this little area, an area perhaps the size of this room, provides that amount of water; it’s coming from the pavement and it’s coming through the plunge pool. Mr. Ussery reiterated that they said it didn’t but
maybe they weren’t right up there looking to see exactly where it’s coming from because the amount of water that they were talking about, it’s coming up here off this pavement. Is there a small amount of runoff that’s maybe mixing with it here that’s giving it that brown appearance and some silt, yeah, it probably is but that volume of water didn’t come from this little bit of area right here; it’s just impossible. If the Commission would like additional testing on that area they (the applicant) will provide it.
Commissioner Roloff raised several questions to Mr. Atkins regarding the State and Federal levels of testing for pollutants reported. LET THE RECORD SHOW that Commissioner Roloff’s comments were not loud enough to be heard by the Recording Secretary; Commissioner Roloff’s dialogue on the Meeting tape is difficult to hear, and therefore understand. There is no meeting record of her comments, or Mr. Atkin’s responses regarding the level of pollutants. Chairman Ceppetelli requested Commissioner Roloff to state her credentials FOR THE RECORD. Commissioner Roloff reported she has a baccalaureate in chemistry.
Commissioner Roloff continued her questions by asking Mr. Atkin what was the standard depth for his samples? Mr. Atkin suggested there is no standard depth. Commissioner Roloff felt the report indicated that there were no samples taken in the middle, and five samples were taken within five minutes. Mr. Atkin reported test pit #3 was on the west side, and was excavated by hand so it took some time to get by it. A container was moved so he could do test pit #4. Commissioner Roloff suggested it took only five minutes to do test pit #3. Mr. Atkin suggested the time Commissioner Roloff was referring to was the time at which the test pit was performed; it took some time to dig it. Commissioner Roloff indicated she felt a lot of samples were taken quickly, and the
samples were taken in January. She would like more testing done. Commissioner Roloff indicated she didn’t like the results; she didn’t feel they were accurate for this time of year. Mr. Ussery indicated they can provide more testing for the next Meeting. Commissioner Savaria questioned what positions and depths Commissioner Roloff would recommend for additional testing? Commissioner Savaria indicated he would like samples taken in spots which were not tested previously. Commissioner Roloff indicated she would also like water samples. Chairman Ceppetelli suggested he would like the existing catch basin tested. Mr. Ussery questioned if they were talking about the plunge pool as none of that water comes from “this” area. Chairman Ceppetelli questioned if the water testing was a reasonable request? Commissioner Burnham suggested he felt it was an unreasonable
request. They are there to test the material and dig deeper and will have the information for the next meeting; he felt they were going the extra mile.
Chairman Ceppetelli referred to Attorney Houlihan; he questioned if the directive to remove the material were brought to the table do you have experts that can bring insight as to how to accomplish that removal? Chairman Ceppetelli suggested removal of the material may be worse than the plans proposed.
Commissioner Burnham questioned Mr. Shoham when was the last time he thought the drainage system didn’t flood his property; was it 5 years ago? Mr. Shoham suggested it’s gotten worse. Commissioner Burnham questioned if it was 10 years ago? Mr. Shoham suggested there was not flooding like the video. Commissioner Burnham questioned if it was 5 years ago? Mr. Shoham replied negatively. Commissioner Burnham questioned how long it takes to flood? Mrs. Shoham suggested they have to shut off the parking lot for 6 to 8 hours. Commissioner Burnham questioned how often that happens? Mrs. Shoham indicated every rain. Commissioner Burnham requested clarification that the flooding is like the video? Mrs.
Burnham suggested it is when it’s a heavy rain.
Mr. Marks, speaking from the audience, suggested to USA Hauling that when they pave the road they make sure it’s on their property.
MOTION: To CONTINUE 10 Shoham Road - Application of U.S.A. Hauling & Recycling, Inc. for activities associated with drainage improvements to a storage area created on fill placed in regulated area. Total parcel is 9.2 acres served by public water and public sewer to the Commission’s regularly scheduled Meeting to be held on June 3, 2009, in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Osborn moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Burnham/Roloff)
CONTINUED APPLICATIONS OR BUSINESS/1) Mahoney Road - Application of Elzear Rodrigue to conduct regulated activities associated with 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. Appearing to discuss this Application was Jay Ussery, of J. R. Russo and Associates, representing the Applicant, Elzear Rodrigue. Also present in the audience was Mr. Rodrigue.
LET THE RECORD SHOW Alternate Commission Members Baker and Burnham joined the Regular Commission Members regarding actions to be taken on this Application.
Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing Elzear Rodrigue. Mr. Ussery summarized that at the close of the previous Meeting the following items remained pending: 1) comments about the location of the house and the wetlands to the south and west; 2) comments from Wetlands Agent Newton and Town Engineer regarding a) grading of the site, b) the location of the temporary stockpiles, and c) the location of the footing drains. In response to those questions the location of the house has been moved closer to the road to increase the separation distance, and the grading around the house has been redesigned to direct run off into a swale. The location of the footing drains have been pulled back 10’ and roof leaders have been
added to the plan. Mr. Ussery noted all adjustments have been added to the plans. Wetlands Agent Newton READ FOR THE RECORD her memo of April 28, 2009 indicating her comments reflected in her memo dated march 25, 2009 have been addressed.
Chairman Ceppetelli noted the issue of a power failure had been discussed at the previous Meeting. Mr. Ussery indicated the septic system has been designed with enough capacity to provide water for a day’s use of fixtures such as the toilet, the shower, doing the dishes. The system is a sealed system; if it overflowed it backs up into the lowest system in the house. Commissioner Burnham suggested people generally know when if they have a system with a pump if the water goes off there are issues to be dealt with.
MOTION: To APPROVE Mahoney Road - Application of Elzear Rodrigue to conduct regulated activities associated with resubdivision for one residential home. Total parcel is 11.43 acres.
Osborn moved/Burnham seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Baker/Burnham/)
NEW BUSINESS/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 swerved 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. Appearing to discuss this Application was Daniel Bell, the Applicant.
LET THE RECORD SHOW Alternate Commission Members Burnham and Roloff joined the Regular Commission Members regarding actions to be taken regarding this Application.
Appearing to discuss this Application was Daniel Bell, of 228 Scantic Road. Mr. Bell reported they are looking to subdivide one lot out of their parcel. He reported the only pending issue from the last Meeting was to add a notation that silt fencing would be installed to prevent erosion; he reported revised drawings have been submitted to Wetlands Agent Newton.
Wetlands Agent Newton reported she is comfortable with the plan. The lot is in an upland review area; the North Central Health District determined the location for the septic system, which is the location shown on the drawing.
Chairman Ceppetelli questioned what Mr. Bell was doing with regard to medallions to identify the wetlands? Mr. Bell noted the wetlands are really on his lot; the new lot is in the upland review area.
MOTION: To APPROVE 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 swerved by a private well and septic system.
Osborn moved/Burnham seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Burnham/Roloff)
MOTION: To EXTEND this Meeting until 10 o’clock.
Slate moved/Savaria seconded/VOTE: In Favor: Unanimous
NEW BUSINESS - 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. (65-day application period ends June 5, 2009):
Chairman Ceppetelli read the description of this Item of Business. The Applicant was not present to discuss this Application.
LET THE RECORD SHOW Alternate Commission Members Burnham and Baker joined the Regular Commission Members regarding actions to be taken regarding this Application.
Wetlands Agent Newton reported she had brought this Application to the Commission because the size of the proposed building has nearly doubled since the original administrative approval was granted by previous Wetlands Agent Rudick. She questioned if this Application could be withdrawn if the Applicant agreed to go back to the original approval? Wetlands Agent Newton reported previous Wetlands Agent Rudick had determined there would be no impact to the wetlands based on the proposed location during that Application. Wetlands Agent Newton reported she is comfortable with previous Wetlands Agent Rudick’s approval.
The Commission agreed the Application could be withdrawn if the proposal returned to the original plan.
MOTION: To CONTINUE 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 to the Commission’s regularly scheduled Meeting to be held on June 3, 2009, in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Osborn moved/Savaria seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Baker/Burnham)
CONTINUED APPLICATIONS OR BUSINESS/3) 161 South Main Street - Application of Southern Auto Sales for a permit modification to conduct regulated activities associated with the installation of an above-ground fuel station. Total parcel is approximately 182 acres served by public water and public sewer. (65-day application period ends June 5, 2009):
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Application was Jay Ussery, of J. R. Russo and Associates, LLC, representing the Applicant.
LET THE RECORD SHOW Alternate Commission Members Burnham and Roloff joined the Regular Commission Members regarding actions to be taken regarding this Application.
Appearing to discuss this Application was Jay Ussery of J. R. Russo & Associates. Mr. Ussery reported that during the previous Meeting he was asked to return to the owner to request if he would consider an alternate location for this fuel station. The owner suggested they could also work with a location directly adjacent to the south side of and directly up against the building. If the fuel station did leak it would go into the storm drains. Commissioner Koczera suggested the fuel station won’t leak itself; it would only leak if someone overfills it. Mr. Ussery suggested the grade will be pitched back into the parking lot and into the drainage system, which includes a hooded outlet. The outlet draws water from below and any oil, etc. floats on top of the water. That material would be taken out by an environmental company. Mr. Ussery suggested with the tank located as they are proposing they would have to spill hundreds of gallons of fuel to get to that catch basin. The
fuel station will only run when the car wash is running. Mr. Ussery reported there is another fuel station at another Southern Auto Auction location which has been installed for 10 to 15 years; there have been no problems with that system.
Commissioner Slate reported he visited the site and spoke with the people working there. They said they have never had a problem with the one (fuel station) that’s there now. It was clean as a whistle when he visited.
Wetlands Agent Newton reported that in reviewing the plans she has noted there is a secondary containment system. She felt this location is the best and safest feasible location for the fuel station. Mr. Ussery noted there will be curbing on 3 sides. Wetlands Agent Newton noted all the issues have been addressed; she has no concerns with the proposal.
Commissioner Koczera questioned that the storage tank is concrete? Mr. Ussery replied affirmatively, noting there is a steel inner liner as well.
MOTION: To APPROVE 161 South Main Street - Application of Southern Auto Sales for a permit modification to conduct regulated activities associated with the installation of an above-ground fuel station. Total parcel is approximately 182 acres served by public water and public sewer.
Burnham moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Osborn/Savaria/Slate/Burnham/Roloff)
NEW APPLICATIONS TO BE RECEIVED: None.
MISCELLANEOUS:
* Wetlands Agent Newton updated the Commission on the status of removal of a pipe crossing on the Kogut property leased to Glenn Reichle. The plan was to have the pipe crossing removed prior to Memorial Day. Wetlands Agent Newton reported she has received a memo from Parks and Recreation Director Melissa Green noting water will be tested within the next week for the proposed opening of East Windsor Reservoir on Memorial Day. If Mr. Reichle proceeds with the pipe removal now there is concern the water quality will test negatively for the park opening.
Chairman Ceppetelli suggested this situation is exactly what the Commission had intended to avoid; Mr. Reichle has been totally irresponsible with Town property. Deputy Selectman Hayes suggested he will get together with the Commission to discuss this issue further. Wetlands Agent Newton reported Mr. Reichle doesn’t know about this memo yet. There is also talk about a future use of this area for a walking trail; the Park and Recreation Department would like the pipe to stay in. She has visited the property with Town Engineer Norton; he would like to have the Town file an application for the pipe so it could be properly placed and maintained.
Discussion continued regarding the installation of the pipe and the adequacy of size.
Chairman Ceppetelli requested that Mr. Reichle be notified that it’s too late to remove the pipe now that he should have removed last year.
* Deputy Selectman Hayes questioned if the Commission has a definition of “clean fill”, and is there an ordinance that should go to the Board of Selectmen? Wetlands Agent Newton reported she is working on both the definition and the ordinance.
* Discussion followed regarding the Commission’s ability to use the Smartboard for Applicant presentations; the key is unavailable during meetings. Deputy Selectman Hayes reported he will work on this issue.
* Chairman Ceppetelli noted the Commission is sending a proposed Fines Schedule to the Board of Selectmen (BOS) for a Public Hearing; he queried Deputy Selectman Hayes as to when that might occur? Deputy Selectman Hayes reported the BOS will not be meeting until June due to budget presentations and town meetings; review of the Fines Schedule would not occur until after the Budget referendum. Wetlands Agent Newton reported the Fines Schedule has been reviewed by the Town Attorney.
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing): None.
STATUS REPORTS/1) Newberry Village - Site Inspections:
Wetlands Agent Newton reported Soil Scientist George Logan had planned to appear before the Commission tonight but had to decline due to family issues. He is going back to the beginning of the project through to the current status of construction; that report should be available for the Commission’s June Meeting.
Wetlands Agent Newton reported communications problems with the developer, Jim Giorgio, continued; not one of the mitigation practices recommended were done during construction. Silt fencing was down during the entire breeding season. Chairman Ceppetelli noted he visited the site about a month ago; Wilcox was removing material from the site; the vernal pools were silted in. Wetlands Agent Newton reported the applicant is difficult to work with.
The Commission discussed issuing a Cease & Desist Order until the report is submitted, which would prohibit the applicant from doing any further work until the submission is received and reviewed.
MOTION: To issue a Cease and Desist Order on Newberry Village based on the failure to file the required report from Soil Scientist George Logan.
Burnham moved/Savaria seconded/VOTE: In Favor: Unanimous
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule:
None.
CORRESPONDENCE:
* Free workshop, entitled “Strategies for Preserving Farmland”, for New England municipalities is being presented on May 21st, 2009, by the Trust for Public Land.
GENERAL BOARD DISCUSSION: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 10:35 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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