TOWN OF EAST WINDSOR
CONSERVATION COMMISSION
INLAND/WETLANDS WATERCOURSE AGENCY
Regular Meeting
August 5, 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 Member John Malin, and Michael Sawka.
Chairman Ceppetelli noted the establishment of a quorum with five Regular Members and three Alternate members present. Chairman Ceppetelli reported Alternate members would follow a sequence of rotation while sitting in on all Items of Business being reviewed this evening. In the case of continuing Applications whomever of the Alternate Members sat in during discussion at the previous meeting should sit in on that specific Application this evening. Also present was Wetlands Agent Newton.
LET THE RECORD SHOW Selectmen Richard Pippin, the Board of Selectmen’s newly appointed liaison to this Commission, also attended the meeting. Also present in the audience was Kathy Pippin, Board of Finance Alternate.
ADDED AGENDA ITEMS: None.
APPROVAL OF MINUTES - 7/1/09:
MOTION: To ACCEPT the Minutes of Regular Meeting dated July 1, 2009 with
the following amendments:
* PAGE 5, under STATUS REPORTS/1) Newberry Village - Site Inspections: Sentence 2: “They requested this item, to include an update updated report, be added to the Agenda for the next Commission Meeting.”
* PAGE 5, under CONFERENCES/SEMINARS/TRAINING/1) Board Development -Training/Topics Schedule: Revise paragraph as follows: “The Commission requested the material Wetlands Agent Newton had mentioned at the June Meeting regarding a seminar involving legal issues that she attended. she would recommend the members consider attending be included in the Commissioner’s packet for the August Meeting.
* PAGE 5, under CORRESPONDENCE/1) Letter from Steve Dearborn requesting an extension of IWWA Permit #1406: “Chairman Ceppetelli READ THE LETTER FOR The THE RECORD.”
Burnham moved/Osborn seconded/
VOTE: In Favor: Ceppetelli/Osborn/Savaria/Slate/Burnham
Opposed: No one
Abstained: Koczera/Baker/Roloff
NEW BUSINESS/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] (Application period ends 10/9/09):
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Regular Commissioner Koczera stepped down from service. Alternate Commissioner Burnham also sat in on this Application as he did at acceptance of this Application at the previous Meeting, and Alternates Baker and Roloff joined their fellow Commissions for discussion of this Item of Business.
Chairman Cepptelli noted neither of the Applicants were present at the beginning of the presentation; Mary Szabo (one of the Applicants) arrived at 7:13 p.m. after discussion commenced. Appearing to represent the Applicants was Jay Ussery, of J. R. Russo & Associates (profession engineer), and George Logan, (soil scientist).
Mr. Ussery described the proposal as being for a lot split and construction of two single family residences located on the east side of Winkler Road south of where the Trolley Museum tracks cross Winkler Road. The 5.83 acre parcel is located across the road from a stand-alone dwelling which is part of Newberry Village. The wetlands line is shown on the proposed plans in blue. The wetlands line runs diagonally through the property; a drainage culvert currently exists under Winkler Road which carries water westerly. The green line indicates the limit of clearing. Lot #1 would contain 4.09 acres, while Lot 2 would contain 1.69 acres. Sewer and city water are available in Winkler Road.
Mr. Ussery indicated there would be a small amount of wetlands disturbance - 262 square feet on the north side of Winkler Road within the upland review area - associated with the installation of the culvert pipe. The proposal includes a shared driveway utilizing one curb cut. The footprints for the houses are conceptual regarding size; they propose the dwellings to be slab-on-grade raised ranches.
Mr. Logan began discussion of the specific wetlands areas. He submitted various aerial photos of the wetlands areas/topography; black and white photos were taken in 1996+/- while the colored photos were taken in 2006. Mr. Logan will submit a Wetlands Assessment Report for the Commission’s next meeting which will clarify comments made this evening. It is believed he described the parcel as containing 3 areas of wetlands: 1) wetlands associated with the 4.09 acre Lot #1; 2) a central “island” (or “spit” or “finger”) of wetlands between Lot #1 and Lot #2; and 3) wetlands associated with the 1.69 acre Lot #2. Mr. Logan described the larger wetlands to either side of the proposed lots as being seasonally flooded and seasonally
saturated “regimes” containing diverse vegetation, while the “finger” of wetlands is not as diverse with regard to species but contains much more water, and has vernal pool characteristics which Mr. Logan suggested is of “low to moderate productivity”.
Regarding the functionality of the wetlands Mr. Logan indicated that “this” area has not been disturbed within the last 5 or 6 decades. He suggested the “northern wetlands” is above-average in functionality and value, while the other two are not as “interesting”.
Commissioner Roloff questioned the positioning of the water line for Lot #2 as shown on the plan? Mr. Ussery summarized the following comment contained under his Application document entitled “Alternative Analysis”: “.....installation of the water service to Lot 2 will remain independent of that for Lot 1. Although this will result in more temporary disturbance of upland review area in the vicinity of the wetlands, the regulations for water services (Section 16-11-64 of the Regulations of Connecticut State Agencies) administered by the Connecticut Water Company and Department of Public Utilities Control (DPUC) prohibit water services from crossing parcels other than that which is to be served. Therefore, supplying Lot 2 with a water service that would follow the shared
driveway across Lot 1 is not allowed.” A request to cross an easement for Lot 2 would require an application before the DPUC; a change in (lot) frontage would require an application before the Zoning Board of Appeals. Water service for a single family residence is provided via a 1 1/2” pipe surrounded by sand; work would be done by a small excavator.
Commissioner Baker questioned how this proposed development affects the wetlands? Mr. Logan suggested Conservation Easements are critical. He had no issues regarding water quality of quantity, but care must be taken during construction. Commissioner Baker questioned what the affect of the intensity of development - this proposal as well as Newberry Village - would be on the wetlands system itself? Mr. Logan suggested the habitat will remain; if you were considering an ecological affect there would be an impact on the ecological systems. Mr. Logan went on to describe areas which would be subject to Conservation Easements. Commissioner Baker questioned if there would be any affect to the wetlands with regard to lawn fertilizers? The degree of regulation of
homeowner applications was discussed. Mr. Logan suggested progress has been made with regard to education of citizens and use of fertilizers; he noted organic fertilizers are now available although they are more expensive.
Commissioner Roloff felt the home locations were being squeezed into the upland area. Mr. Ussery noted with regard to Lot #1 there is 52,383 square feet within the upland review area (including the driveway), which is over 1 acre of buildable area within the 4.09 acre lot. The zoning requirement for this lot is 43,000 square feet of lot area. The back yard will contain 150’ x 110’, or approximately 15,000 square feet, of lawn area. Lot #2 contains 36,224 square feet of upland area, which is approximately 3/4 of an acre of buildable area within the 1.09 lot. The backyard of Lot #1 will be 100’ x 100’, or approximately 10,000 square feet of lawn area to the rear of the house. Mr. Ussery suggested the “spit” of wetlands is a
natural barrier between the two lots.
Commissioner Savaria questioned the lack of erosion controls or Conservation Easement shown on the submitted plan. Mr. Ussery indicated erosion controls will follow the entire clearing limits, and are shown by the dark dashed line on the larger plan.
Chairman Ceppetelli noted the need for submission of a written Wetlands Assessment Report. Mr. Logan indicated he had given a verbal report this evening; he will submit the written report for the next Commission Meeting.
Chairman Ceppetelli questioned the elevation of the culvert pipe; he cited concern for starving the wetlands. Mr. Ussery suggested the pipe will be lain on the ground and the driveway will be built around same. Mr. Ussery suggested there doesn’t appear to be much water in the northern wetlands; the pipe is a safety measure.
Wetlands Agent Newton referenced the following comments: 1) because of the bio-diversity of the wetlands those areas should be put in a Conservation Easement, which should be marked with plaques. 2) the conceptional locations of the sheds as shown on the proposed plans are too close to the wetlands limit. 3) the location of the water main for Lot 2 follows the wetlands; she would like the location of the water main to be staked out prior to installation. This area is heavily vegetated; a path should be chosen to provide the least disturbance to the wetlands. 4) requested submission of the written Wetlands Assessment Report. 5) requested that the house locations be staked out and approved by herself.
Chairman Ceppetelli suggested that without the Conservation Easement being shown on the plans currently submitted it isn’t in the Commission’s best interest to approve this Application this evening. Mr. Ussery suggested he will provide revised plans for the next Meeting showing the line of the Conservation Easement, and will show the line indicating the erosion controls in a bolder fashion. Mr. Logan will also provide the written Wetlands Assessment Report as well.
MOTION: To CONTINUE 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] until the Commission’s regularly scheduled Meeting on September 2, 2009, at
7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
NEW APPLICATION TO BE RECEIVED/1) Winkler Road - Application of Gerald Wilcox for activities associated with the construction of a single family home. Total parcel area is 3.22 acres, to be served by public water and private septic. [Map #7, Block #24, Lot #33-A, 73-4]. (Application period ends 9/4/09):
Chairman Ceppetelli read the description of this new Application. LET THE RECORD SHOW Regular Commissioner Koczera stepped down from service. Alternates Baker, Burnham, and Roloff joined their fellow Commissions for discussion of this Item of Business.
Wetlands Agent Newton reported the Application before the Commission presently is a new Application to be received, which will not be acted on until the next Commission Meeting. The Application is essentially complete. Mr. Wilcox was previously looking to put in a farm road, which he has put in; the lot has been partially cleared, but not to the extent that the Commission previously approved. Mr. Wilcox has reconsidered his options and has now gone to the North Central Health District for approval for a septic system for a single family dwelling. George Logan, Mr. Wilcox’s soil scientist, will submit a written Wetlands Assessment Report for the next Commission Meeting.
Commissioner Roloff recalled that when Mr. Wilcox previously appeared before the Commission the parcel was to be used for farming. Wetlands Agent Newton reported she reviewed the Minutes on the previous application, and the house issue came up. If Mr. Wilcox returned with an Application for a house the Commission’s concern was that the area for the driveway was small. Wetlands Agent Newton reiterated that the house issue was mentioned in the Minutes. Commissioner Roloff felt the final approval given to Mr. Wilcox was for farming only. Wetlands Agent Newton suggested this is a new Application, which he has the right to submit. The Permit granted has nothing to do with this new Application. Wetlands Agent Newton advised the Commission the fee has
been paid for this new Application.
Wetlands Agent Newton reported she has talked to Mr. Wilcox about the need for a Conservation Easement and erosion controls. He must excavate along the driveway for the installation of utilities.
Referring to the plan Commissioner Savaria felt the pipe installed was bigger than the Commission approved. He suggested the plan seems to reflect 2 pipes. Wetlands Agent Newton reported the installation is for one 24” pipe; the lines on the plan show the flow lines for inletting and outletting the water.
MOTION: To RECEIVE/ACCEPT Winkler Road - Application of Gerald Wilcox for activities associated with the construction of a single family home. Total parcel area is 3.22 acres, to be served by public water and private septic. [Map #7, Block #24, Lot #33-A, 73-4].
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
Speaking from the audience Steve Dearborn raised a procedural question. Mr. Dearborn was directed to review his questions with the Planning Office.
MISCELLANEOUS: None.
AGENT DECISIONS/1) Depot Street - Application of Cellco Partnerships d/b/a Verizon Wireless for activities associated with the expansion of a fenced compound to house an equipment shelter in the upland review area. Total parcel is 2.09 acres. [Map #23, Block #44, Lot #035].
LET THE RECORD SHOW Commissioner Koczera returned to service on the Board, while Commissioner Roloff stepped down. Alternate Commissioners Baker and Burnham joined the Commission regarding discussion of this Item of Business.
Wetlands Agent Newton reported she reviewed this Application as an Agent Decision. The Applicant is expanding the footprint of the shed, and installing a propane tank and fencing. The Applicant has already received approval from the Planning and Zoning Commission, and also needed approval from the Wetlands Commission. Wetlands Agent Newton has signed off on the work, as there is no direct impact to the wetlands, and very little impact to the upland review area.
VIOLATIONS (for action or show-cause hearing)/1) 68 Newberry Road - Violation of Newberry Road Enterprises for filling and grading activities in the wetlands and 150’ upland review area. [Map #15, Block 19, Lot #006].
Alternate Commissioners Baker and Roloff joined the Commission regarding discussion of this Item of Business.
Wetlands Agent Newton noted the various correspondence included in the Commissioner’s packets relative to this Item of Business, which include: 1) letter dated 7/1/2009 from Attorney Marc N. Needleman representing Newberry Road Enterprises/Steve Dearborn; 2) response letter dated 7/6/2009 from Wetlands Agent Newton to Attorney Marc N. Needleman; 3) letter dated 7/8/2009 from the Department of the Army to Steven Dearborn/Newberry Road Enterprises; and 4) Cease and Desist Order dated 7/27/2009 from Wetlands Agent Newton to Steven Dearborn/Newberry Road Enterprises.
Wetlands Agent Newton reported there has been an on-going neighbor to neighbor dispute occurring between Steve Dearborn and Gerald Wilcox. Town Planner Whitten and Wetlands Agent Newton have been meeting with Steve Dearborn for months. Wetlands Agent Newton reported she is ok with the area where he was stockpiling fill. Complaints have been received in the Planning Office regarding two areas of concern: 1) the farm road was the subject of a violation, subsequently a permit was allowed for construction of a portion of that road; and 2) fill appears to have been deposited along the fence line, causing the area to no longer function properly. That area needs to be cleaned out. Chairman Ceppetelli requested clarification that the farm road has migrated to the property
line, and there is no longer a swale in that area? Wetlands Agent Newton replied affirmatively, noting the area on the other side of the jersey barriers north of the farm pond, which had been wetlands, has been filled.
Speaking on behalf of the Applicant was Rachel Dearborn, of Landmark Surveyors. Referencing a survey Ms. Dearborn suggested the existing road is shown as a red line, while the new road is shown as a green line. She suggested, that if anything, they are further away from the fence. Ms. Dearborn reported a tree did fall onto the fence. The proposed and existing grades are shown on the survey; the grading is the same. Ms. Dearborn also indicated the original contours for the farm road as shown in red, while the new contours are shown in orange. The road is in the same location, and is not any higher than proposed.
With regard to the fill in the area above the pond, Ms. Dearborn indicated they are under a Cease and Desist Order from the Army Corp of Engineers (ACOE). Ms. Dearborn read excerpts from the ACOE Cease and Desist Order. The Applicant is under the jurisdiction of the Clean Water Act, Section 404, and must refrain from doing any more work until they obtain a permit from the ACOE. Ms. Dearborn suggested taking material from the pond and depositing it in the wetlands is not prohibited; Chairman Ceppetelli indicated that was not the understanding of the Commission as to what was to be done initially. Ms. Dearborn suggested this activity is permitted as-of-right. Wetlands Agent Newton suggested this issue of filling requires a permit from the ACOE. Ms. Dearborn indicated
they will be taking this issue up with the ACOE, while George Logan will be doing testing for the ACOE to determine if the material needs to be removed. She suggested they will be returning for a permit from this Commission. Steve Dearborn advised Wetlands Agent Newton will dig a trench along the road; Wetlands Agent Newton reported the Commission will deal with that after the Applicant deals with the ACOE.
Wetlands Agent Newton indicated she is looking for Mr. Logan to determine what type of soils were taken from the pond. In theory they should be wetlands soils and he is farming; if those soils are acting as wetlands soils then Steve Dearborn needs to come before the Board for a permit. Wetlands Agent Newton indicated such work is a permitted activity, not as-of-right, however, Steve Dearborn must deal with the ACOE first.
Commissioner Savaria questioned Steve Dearborn why he did this work which was not part of the permit? Steve Dearborn indicated he needed the fill. Commissioner Savaria questioned that Steve Dearborn didn’t know about the ACOE issue? Wetlands Agent Newton indicated she was surprised at the ACOE’s jurisdiction as well. She indicated she understands they take jurisdiction over things that have a nexus to watercourses but their jurisdiction is a complex issue. George Logan concurred, noting the ACOE agrees they have not been as informative to the towns as they could be. As part of their permits some towns add a caveat that “applicants are responsible for getting other permits”. Wetlands Agent Newton suggested East Windsor has
that caveat as well; the question arose as to how the ACOE was notified. George Logan suggested they received an anonymous complaint. Wetlands Agent Newton suggested the ACOE regulates farmland and wetlands so a person has their ok to clear wetlands and farm within them; George Logan suggested that activity is considered “previously converted cropland”. Wetlands Agent Newton reported the town and the ACOE don’t connect; there are different regulations for each entity. She suggested Town Planner Whitten will be working with the ACOE to develop a reasonable plan and will be acting as a mediator for this issue. Wetlands Agent Newton reported if the Commissioners were to visit the property the fill appears to have been deposited on the property, even though Ms. Dearborn has said she has surveyed the location. She noted both the Town and the ACOE have Cease and Desist Orders on work at this site; she recommended that the Cease
and Desist Order continues until the next Commission meeting when plans can be reviewed. This Item of Business will remain as an Agenda item for the next meeting.
STATUS REPORTS/1) Newberry Village - Site inspections/Updates - email with attached memo to Jim Giorgio concurring site inspection/drainage issues:
Appearing to discuss this issue were Jay Ussery, of J. R. Russo and Associates; Jim Giorgio was present in the audience.
Wetlands Agent Newton reported she has met with Jim Giorgio at the site to discuss installation of erosion controls - silt socks - around 3 (vernal) pools. She cited her e-mail of 7/9 which summarizes outstanding issues which remain to be completed. Wetlands Agent Newton reported many of these issues have not been completed as requested. She is asking Jim Giorgio that he agree that these are the outstanding issues; she would like to see them completed by 8/14. If the issues have not been completed she will issue another Cease and Correct Order, which would cease all activity on the project other than the issues under discussion and agreed to. Additional correspondence to Jim Giorgio includes Wetlands Agent Newton’s memo also dated 7/9 which outlines 10 items discussed during
a site visit. Wetlands Agent Newton advised the Commission that the silt fences around the 3 ponds isn’t working; installation of the silt socks is needed.
Jim Giorgio contended the letter (presumably the memo dated 7/9 as Mr. Giorgio’s reference to the correspondence was sketchy) is “sort of accurate” but it is missing things. Jim Giorgio indicated “he did meet on 7/9 and on 7/23 with Wetlands Agent Newton and Jim Ussery and they talked about ‘this’ item, and he met with George Logan (soil scientist) on 7/24 to discuss ‘this’ item on 7/23rd, and that is the reason those things are not done”. Jim Giorgio advised the Commission he wasn’t going to do the drainage without “your” approval. The other issues are a lot of “stuff” has been done; the grass is in place to stabilize the site. Wetlands Agent Newton indicated the letter references items that are not
done.
Mr. Ussery submitted a plan depicting a section of Phase II to show the changes in the field which were discussed with Wetlands Agent Newton. He suggested the vernal pool adjacent to and to the north side of unit #65 has been assessed by George Logan. That pool was not a vernal pool “at that time” but it has now turned into a vernal pool; it has more water now and is probably killing adjacent trees. That area is receiving too much water; the water level is so high they are pumping water out of the area. Mr. Ussery indicated they originally proposed for the water to run freely off the road, and proposed installation of a curb along the pond out to Newberry Road and back into the wetlands on the south side of unit #65.
Chairman Ceppetelli questioned where the run off from unit #65 is going? Mr. Ussery suggested the water from the roof leaders goes to the vernal pool, while the run off from the driveway goes to the other direction. Now they are proposing to eliminate the curbing and the swale. Continuing to the south they are sending the water in “this” location and are adding curbing which will allow the water to run off into a riprap plunge pool and into the larger wetlands. They will also seed the area and plant permanent vegetation.
Jim Giorgio advised the Commission he would also like to eliminate the sidewalks. Chairman Ceppetelli suggested from a wetlands viewpoint that would make sense, however, this is an active adult community where connectivity was proposed. Jim Giorgio felt people don’t like to use sidewalks because they can’t walk next to each other. Mr. Ussery clarified that the Zoning Regulations require sidewalks. Wetlands Agent Newton concurred that the sidewalks are being squeezed in; from an environmental perspective sidewalks are not a good idea. Commissioner Osborn questioned if they propose to eliminate the sidewalks from the entire project? Mr. Ussery replied affirmatively, noting if the Planning and Zoning Commission will agree. It’s only a little less impact. Wetlands Agent Newton requested if this Commission is in favor of removing the sidewalks she would like a letter of support to present to the Planning and Zoning Commission. She suggested there is no room next to the
vernal pool to put the sidewalks in. She agreed that people tend to walk in the road and walk around their loop roads. She is also in favor of putting in the curbing and directing the water away from “this” pool; it has been inundated with water this season.
Commissioner Roloff questioned the extent of the mosquito population? Jim Giorgio replied “robust”. Chairman Ceppetelli questioned what treatment is being maintained for the mosquitoes? Jim Giorgio indicated he isn’t treating them; “with the all the rain when the sun is out it really isn’t that bad?”.
Jim Giorgio indicated he has no problem with the agreement, but would like to extend the date to 8/21 because of his schedule. Both Wetlands Agent Newton and the Commission agreed to the extension to 8/21 to complete the work outlined in the agreement. Jim Giorgio advised the Commission he will not be able to attend the September Commission Meeting.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule-Packets from Segment II Inland Wetlands Commissioners Training Attended by Agent:
Wetlands Agent Newton gave the Commissioners a packet of information received at a seminar attended by herself and Commissioner Burnham. She requested the Commission review the material and prepare for discussion at the next meeting.
CORRESPONDENCE/1) Letter from Attorney Needleman Concerning 68 Newberry Road; 2) Response to Attorney Needleman’s Letter from Wetlands Agent; and 3) Letter from Robert J. DeSista from the Army Corp of Engineers, 68 Newberry Road:
Wetlands Agent Newton indicated all correspondence involves the ACOE Cease and Desist Order issued to Steve Dearborn.
GENERAL BOARD DISCUSSION:
* Commissioner Burnham requested Wetlands Agent Newton explain her recent work on the Scantic River. Wetlands Agent Newton reported she appeared before the Board of Selectmen to request a letter of support to apply for a recreational trails grant to: 1) establish a greenway trail from the Enfield town line to Route 140, and 2) to establish a blueway trail for clearing the Scantic River watercourse from the Melrose Road bridge to the Hensel property on Route 140. Canoe launch areas would be established at the Melrose Bridge, which would be a pedestrian bridge only, and at the Hensel property. All walking trails would be unpaved and remain in natural vegetation.
The Commission indicated its support of the project as well.
* Regarding Commissioner Osborn’s advisement of drainage issues he advised the Commission he has been contacted by Town Engineer Norton.
* Commissioner Osborn questioned if drainage from The Mansions project drains directly into the Scantic River? He has been told by someone that there is no riprap where the drainage enters the Scantic. Commissioner Roloff also indicated they have cleared trees along Route 140 up to the edge of the ravine, and have reseeded the area. She suggested the area is eroding fast. Wetlands Agent Newton indicated she will discuss these concerns with Town Engineer Norton.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:05 p.m.
Osborn moved/Burnham seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
_____________________________________________________________________
Peg Hoffman, Recording Secretary, Conservation Commission/Inland Wetland Watercourse Agency
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