TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
July 1, 2009
CALL TO ORDER: Chairman Ceppetelli called the Meeting to order at 7:01 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM:
Present: Regular Members Michael Ceppetelli (Chairman), John Malin, Richard Osborn, Michael Sawka, Ron Savaria, and Robert Slate, and Alternate Member John Burnham.
Unable to Attend: Regular Member Michael Koczera, and Alternate Members Alan Baker, and Kathryn Roloff.
Chairman Ceppetelli noted the establishment of a quorum with six Regular Members and one Alternate member. Chairman Ceppetelli reported Alternate Burnham would sit in on all Items of Business being reviewed this evening. Wetlands Agent Newton was not present as she is on vacation this week; Town Planner Whitten, who offers the Commission back-up support, is out on medical issues.
LET THE RECORD SHOW Deputy Selectman Gil Hayes, the Board of Selectmen’s current liaison to this Commission, also attended the meeting. Also present in the audience was Selectman Pippin, the Commission’s future liaison, and his wife, Kathy Pippin, Board of Finance Alternate.
ADDED AGENDA ITEMS:
Chairman Ceppetelli noted he had been approached prior to calling the meeting to order by Eric Spungen, who is interested in developing a potential site at 54 Prospect Hill Road, and asked if continued discussion of wetlands mitigation for that parcel could be added to the Commission’s Agenda this evening.
MOTION: To MOVE TO ADD UNDER MISCELLANEOUS discussion of wetlands mitigation for 54 Prospect Hill Road.
Savaria moved/Osborn seconded/VOTE: In Favor: Unanimous
Chairman Ceppetelli acknowledged receipt of letter from Commissioner Koczera. At the request of Commissioner Koczera Chairman Ceppetelli read Commissioner Koczera’s letter into the record. The letter indicated Commissioner Koczera would not be attending this evening’s meeting, as he owns property adjacent to the property on Winkler Road which is being received by the Commission at this evening’s meeting.
Chairman Ceppetelli also noted he had received a phone call from Commissioner Roloff who had indicated she would not be attending this meeting due to illness.
APPROVAL OF MINUTES - 6/3/09:
MOTION: To ACCEPT the Minutes of Regular Meeting dated June 3, 2009 with the following amendments:
* PAGE 2, APPROVAL MOTION CITING REVISIONS TO MINUTES OF MAY 6, 2009, UNDER NEW PUBLIC HEARING (on Inland Wetlands applications/2) 10 Shoham Road, Line 59 : Page 6, Paragraph 5: “Commissioner Roloff requested identified identification of the test pits on a larger map.” (formatting not represented correctly in Approval Motion).
* PAGE 5, CONTINUED PUBLIC HEARING (on Inland Wetlands applications/2) 10 Shoham Road, Line 212: “........John Pisamenti, U.S.A. Hauling is WAS also available.”
* PAGE 6, CONTINUED PUBLIC HEARING (on Inland Wetlands applications/2) 10 Shoham Road, Line 232: “......and to an area on the edge of the “travel way” “TRAVELED WAY” near where the area slopes down towards the basin.
* PAGE 16, VIOLATIONS/1) Newberry Village - Site Inspections, Line 691: “..........he needs to be able to DO something “here”.
* PAGE 17, VIOLATIONS/1) Newberry Village - Site Inspections, Line 729: “wetlands Agent Newton reported that with regard to drainage the plan ON file...................
* PAGE 17, VIOLATIONS/1) Newberry Village - Site Inspections, Line 736: “........noted she also say SAID a foundation that had been dug ........”
* PAGE 17, VIOLATIONS/1) Newberry Village - Site Inspections, Line 747: “Wetlands Agent Newton SAID that sidewalks have been approved for this development.”
Burnham moved/Savaria seconded/
VOTE: In Favor: Ceppetelli/Osborn/Savaria/Burnham
Opposed: No one
Abstained: Malin/Sawka/Slate
NEW PUBLIC HEARING (on Inland Wetland applications): None
NEW BUSINESS: None
NEW APPLICATIONS TO BE RECEIVED/1) Winkler Road - Application of Paul & Mary Szabo for activities associated with construction of two residential homes. Total parcel area is 5.83 acres, to be served by public water and sewer. [Map 16, Block 24, Lot 71].
Chairman Ceppetelli noted no one is present tonight to discuss this Application; he noted the Board’s only action regarding this Application is to acknowledge its receipt which sets in motion the decision timeframe. Chairman Ceppetelli noted that the Szabos had appeared at a previous Commission Meeting for a preliminary discussion regarding the feasibility of building on this parcel. The Commission’s comments during that discussion involved the placement of the driveway along the property line.
Commissioner Savaria referenced comments reflected under lines 599 to 602 in the Minutes of Regular Meeting dated June 3, 2009; he read Wetlands Agent Newton’s comments. The Minutes reflect that Wetlands Agent Newton was “not in favor of moving the driveway location where the Commission had suggested; she felt one driveway would be tight but could be taken care of with a Conservation Easement. Wetlands Agent Newton felt two lots was workable.” The Commission reviewed the revised plans submitted with the Application. Commissioner Burnham referenced the comments mentioned under the “Alternative Analysis” for the driveway which has been submitted with the Application. The narrative suggests that the shared driveway has less impact than dual
driveways. The Commission discussed the disfavor of the Planning and Zoning Commission regarding shared driveways.
The Commission noted they will look to Wetlands Agent Newton’s comments regarding the shared driveway when this Application is presented.
MOTION: To ACCEPT/RECEIVE Winkler Road - Application of Paul & Mary Szabo for activities associated with construction of two residential homes. Total parcel area is 5.83 acres, to be served by public water and sewer. [Map 16, Block 24, Lot 71].
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS:1) Eric Spungen: Discussion of wetlands mitigation for property at 54 Prospect Hill Road:
Appearing for this discussion was Eric Spungen, and Jeff Carrara, of Konover Properties, who are partners regarding development of 54 Prospect Hill Road. Mr. Spungen had appeared at the previous Commission Meeting to discuss development of that parcel, which contains an area of low-quality wetlands. Mr. Spungen would like to fill in that wetlands. In order to receive the Commission’s concurrence with that action he must offer mitigation elsewhere in East Windsor to compensate for the loss of the wetlands on 54 Prospect Hill Road. Mr. Spungen had previously met with the Planning staff - Town Planner Whitten and Wetlands Agent Newton - to discuss potential areas for mitigation. At the previous meeting Mr. Spungen reported to the Commission that the Planning staff
had suggested work on an area of the Kogut property, which is located across the street from East Windsor Park. Run off from the farm fields consistently silts up the swimming pond at East Windsor Park. Mitigation on the Kogut property could alleviate, or improve, that condition. Other potential sites proposed during the previous Commission meeting were the Broad Brook Pond Park, and the rebuilding of the dam behind Elaine’s Pizza. Mr. Spungen noted he left the Commission’s previous meeting with the intent for the Commission to mull other potential sites. He is here tonight to continue that discussion.
Chairman Ceppetelli queried the Commission for other suggestions.
* Commissioner Burnham reported he is a member of the American Heritage River Commission (AHRC). He would like to see something done to clear debris from the Scantic River, and to provide accessibility to launch canoes. Chairman Ceppetelli suggested Mr. Spungen contact Dick Sherman, Chairman of the AHRC, for further direction; Commissioner Burnham will provide contact information for Mr. Spungen.
* Deputy Selectman Hayes, the Board of Selectmen’s current liaison to this Commission, suggested Mr. Spungen was present at the previous meeting with a plan for mitigation at the “reservoir”/East Windsor Park. Chairman Ceppetelli clarified that no plan was submitted; Mr. Spungen appeared for preliminary discussion, as he is doing this evening. Deputy Selectman Hayes suggested Mr. Spungen has spent one month, and now it will be another month, and next month Selectman Pippin will be the Board’s liaison, and now this decision is being put off another month. Deputy Selectman Hayes indicated he will suggest in November that this Commission meet twice a month.
Chairman Ceppetelli clarified that no timeframe was mentioned at the previous meeting. Mr. Spungen concurred that it was not discussed. He met with the Board to review concepts; he has received direction to contact Mr. Sherman of the AHRC at this meeting. He would like to move forward quickly.
* Commissioner Burnham, who is a Board member of Scout Hall, reported there is a swampy area at the Scout Hall property which could be dug out for a pond for skating, etc.
Mr. Spungen questioned what his next move should be? He would like the Board to tell him they favor off-site mitigation so he can go forward with filling the wetlands at 54 Prospect Hill Road. Chairman Ceppetelli polled the Commissioners present regarding off-site mitigation; all members were in favor of such action. Chairman Ceppetelli suggested Mr. Spungen return to the Town Planner to discuss the options presented by this Commission. Commissioner Savaria concurred that the decision as to which property is the recipient of the mitigation is not made by this Board.
Commissioner Savaria questioned how much wetlands would be disturbed at 54 Prospect Hill Road? Mr. Spungen estimated approximately 2.3 acres of low-quality wetlands presently exists; they are looking for guidance as to what would be an equitable trade off. Chairman Ceppetelli questioned if Mr. Spungen had considered a budgetary amount to complete the mitigation? Mr. Spungen suggested they want to do something substantial but he didn’t want to divulge a figure.
AGENT DECISIONS: None.
VIOLATIONS (for action or show-cause hearing): None
STATUS REPORTS/1) Newberry Village - Site Inspections:
The Commission had felt a report of existing/on-going drainage problems would be available this evening. They requested this item, to include an update report, be added to the Agenda for the next Commission Meeting.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule:
The Commission requested the material Wetlands Agent Newton had mentioned at the June Meeting regarding a seminar involving legal issues she would recommend the members consider attending be included in the Commissioner’s packet for the August Meeting.
CORRESPONDENCE/1) Letter from Steve Dearborn requesting an extension of IWWA Permit #1406:
Chairman Ceppetelli noted receipt of letter dated June 10, 2009 from Steve Dearborn requesting an extension of Inland Wetlands and Watercourses Agency Permit #1406. Chairman Ceppetelli READ THE LETTER FOR The RECORD.
Mr. Dearborn was present in the audience; the Commission requested Mr. Dearborn join them at the table for discussion. Commissioner Savaria queried why Mr. Dearborn needed the extension? Mr. Dearborn reported the cost of the pipe (to be installed) is expensive, and he didn’t have time to install the pipe as he needs to wait until the water dries up. He suggested he did pretty good on the work on the pond; he got it graded and returned top soil back around one side but he needs to put the berm in on the other side of the pond. Mr. Dearborn reported he needs August to complete the work; the weather has been an issue.
Mr. Dearborn reported he continues to have problems with frivolous complaints from his abutting neighbor, Gerry Wilcox. He will be sending correspondence to the Town regarding the issues; he is giving the Town 30 days to respond. Mr. Dearborn colorfully described what he perceives the existing issues to be, and reported on his eventual actions if the Town doesn’t respond in a manner he feels is appropriate.
Discussion returned to the purpose of this Item of Business - Mr. Dearborn’s extension request. Commissioner Savaria questioned if Mr. Dearborn is already past the permit deadline; he noted extending the extension six months to October would lead one to think that the permit has already expired. October is not six months from this July Meeting. Mr. Dearborn felt the permit expired in May, or June, or possibly April. The Commission discussed extension options.
MOTION: To GRANT AN EXTENSION UNTIL OCTOBER 15, 2009 to Steve Dearborn for IWWA Permit #1406 for property on Newberry Road which includes the piping of an intermittent watercourse within the wetlands.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
GENERAL BOARD DISCUSSION:
* Commissioner Osborn reported the following conditions which should be reviewed:
1) the area around the pipe behind the Middle School which flows into riprap is eroding and washing out behind the houses on Wesley Road.
2) the area around the pipe that runs into the Scantic River at Millbrook condos on Church Street is washing out.
3) drainage at Scantic Glen which flows into a plunge pool - siltation of the plunge pool is occurring.
Discuss followed regarding possible compensation/mitigation of one of these areas by Mr. Spungen. Commissioner Burnham reported he is in favor of compensation/mitigation at the recreation area as it’s something the townspeople can enjoy. Commissioner Osborn suggested mitigation at the Scantic River is good also, but clearing of debris is on-going as something is always falling into the river.
* Deputy Selectman Hayes suggested Selectman Pippin, when he assumes the position of the Commission’s liaison, should sit in at the table with the rest of the Board. Chairman Ceppetelli felt that historically the liaison participated as a member of the audience.
* Commissioner Burnham raised the issue of changing Commission meetings to twice a month. Discussion followed regarding the volume of business/applications being presented/filed with the Commission, and the Commission’s ability to schedule Special Meetings if necessary. Chairman \Ceppetelli polled the Commissioners; no one else favored changing the meeting schedule.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:03 p.m.
Savaria moved/Osborn seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetland Watercourse Agency
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