TOWN OF EAST WINDSOR
CONSERVATION COMMISSION/INLAND WETLANDS
WATERCOURSE AGENCY
Regular Meeting - January 6, 2010
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), Richard Osborn, Ron Savaria, Robert Slate, and Alternate Members Alan Baker [arrived at 7:12. p.m.], Ron Hocutt, and Kathryn Roloff.
Unable to Attend: Michael Koczera, John Malin, and Michael Sawka.
Chairman Ceppetelli noted the establishment of a quorum with four Regular Members and two Alternate Members initially. The arrival of Commissioner Baker increased the number of Alternate Members present to three. Chairman Ceppetelli reported the Alternates will sit in on discussions; there are no applications before the commission this evening. Chairman Ceppetelli welcomed Commissioner Hocutt to the Board. Also present was Wetlands Agent Newton.
AGENDA ADDITIONS: None
APPROVAL OF MINUTES - 12/2/09:
MOTION: To ACCEPT the Minutes of Regular Meeting dated December 2, 2009 with the following amendments: MISCELLANEOUS/A) Discussion of 2010 Meeting Schedule: Page 3, Line #73: delete the word “a” from the following phrase: “agreed to go to two meetings a month there should a also be a stipulation for an....”;
STATUS REPORTS/68 Newberry Road, Page 4, Line #168: “......that an individual can’t put fill in an upland review area wetlands.”;
Page 4, Line #180: “issue is to revoke the permit because a permit had been granted for that activity and compliance has not been met with the permit conditions.”;
Page 5, Line #185, “this Board granted a permit an exemption, ......”;
Page 6, Line #266: “Discussion: Commissioner Roloff questioned the need for a timeframe what the timeframe should be for the work to be completed?
Slate moved/Osborn seconded/
VOTE:In Favor: Ceppetelli/Osborn/Savaria/Slate/Roloff
Opposed: No one
Abstained: Hocutt
NEW PUBLIC HEARING (on Inland Wetlands applications): None
NEW BUSINESS: None
NEW APPLICATIONS TO BE RECEIVED: None
MISCELLANEOUS/1) Discussion of Ordinance to Split the Conservation Commission From the Inland Wetland Watercourses Agency:
Wetlands Agent Newton reported that presently the Inland Wetlands Commission and the Conservation Commission for the Town of East Windsor are combined. She has recently found when applying for grants that the grant application was denied because the Commissions are not separate. The functions of the Commissions are different; the Inland/Wetlands Commission is a regulatory Board while the Conservation Commission is a preservation Board. Presently the Natural Resources Preservation Commission is doing the preservation work, and would become the Conservation Commission. All members of existing boards would continue in their present positions; Commissioners can serve on both boards as the functions are separate.
Wetlands Agent Newton reported she has researched the creation of the present Commission, and found it to have been established by ordinance in 1972. She has provided the Commission with a draft of the letter she plans to bring before the Board of Selectmen (BOS) to request the separation. The Commission concurred with the proposal.
AGENT DECISIONS: None.
VIOLATIONS(for action or show-cause hearing):/1) 68 Newberry Road - Revocation of Permit No. 1406 - Installation of a Farm Road, and 2) 68 Newberry Road - Correction Order - Work in Regulated Area Without Permit:
Wetlands Agent Newton reported that papers regarding the subject violations were served to Mr. Dearborn on December 28th; the Commission must hold a Show-Cause Hearing within ten (10) days. Mr. Dearborn was present in the audience.
Wetlands Agent Newton provided the Board with a copy of a letter dated January 6, 2010 (received via fax transmission) authored by Attorney Timothy Brignole who represents Mr. Dearborn. Attorney Brignole has requested a continuation of the Show-Cause Hearing as Attorney Brignole is scheduled for an appearance before the East Granby Commission this evening.
Wetlands Agent Newton found approximately three other cases of continuances of Show-Cause Hearings; therefore, she recommended the Commission could accept Attorney Brignole’s request.
MOTION: To ACCEPT THE REQUEST for a continuation until February 3, 2010 the Show-Cause Hearing for the following Violations: 1) 68 Newberry Road - Revocation of Permit No. 1406 - Installation of a Farm Road, and 2) 68 Newberry Road - Correction Order - Work in Regulated Area Without Permit.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
LET THE RECORD SHOW Commissioner Baker arrived at 7:12 p.m.
Commissioner Roloff questioned if the Cease & Desist Order remains in affect during this continuance? Wetlands Agent Newton replied affirmatively.
STATUS REPORTS:
* Request for Legal Fee Line Item:
Wetlands Agent Newton presented the Commission with a draft letter to be presented to the Selectmen requesting the addition to the Inland/Wetlands Budget of a Line Item identified specifically for legal fees. Fees would be used to hire land use attorneys, who are already familiar with Statutes pertinent to Inland/Wetlands issues, to assist the Commission to resolve persistent violations. This letter has been prepared as follow-up to discussion at a previous meeting. The letter also requests an amount of $10,000 to fund the Line Item.
MOTION: That the Commission send the draft letter requesting the addition of a Line Item for Legal Fees in the amount of $10,000 under the Inland/Wetlands Budget to the Board of Selectmen and Board of Finance.
Savaria moved/Osborn seconded/VOTE: In Favor: Unanimous
* 244 South Main Street:
Wetlands Agent Newton has recently spoken with a representative of the Department of Environmental Protection (DEP) who has indicated they will be issuing a Final Order, with conditions, for this property. A copy will be provided for Wetlands Agent Newton. The DEP is giving the owner a deadline of October, 2010, for removal of the fill; the deadline has been extended to take into consideration the nesting season for eagles habitating the area.
Chairman Ceppetelli noted that the violation has been occurring for nearly three years. Wetlands Agent Newton reported the DEP had been told the owner had not been told where to deposit the fill; she clarified for the DEP that it was not the Commission’s decision as to where the fill should go. The DEP will follow up with enforcement of their order.
Chairman Ceppetelli recalled that the Commission had required a removal date of October, 2008. Wetlands Agent Newton reported that condition had not made it into the Meeting Minutes, and the Meeting tapes are difficult to hear. She was able to receive confirmation from a predecessor staff member that the October, 2008 removal date was requested.
CONFERENCES/SEMINARS/TRAINING/1) Board Development - Training/Topics Schedule: None.
CORRESPONDENCE: None
GENERAL BOARD DISCUSSION:
* Commissioner Baker noted he had found the silt fence at Newberry Village to be down again. Wetlands Agent Newton reported she inspects that site weekly. Prior to the holidays she also found the silt fence to be down and notified the developer, who has remedied the situation. Wetlands Agent Newton reported she expects to be on-site more frequently during the Spring to accomplish compliance around the vernal pools.
Chairman Ceppetelli noted the developer should be reminded of the need to come before the Commission before he proceeds to open up subsequent phases. Wetlands Agent Newton reported she has advised the developer that she is not agreeable to opening up an entire phase; her preference is to open up the road, do the road work, and then open up the lots within the phase one at a time.
The Commission discussed subsequent review of this project. Wetlands Agent Newton noted the developer found a higher water table than expected during development, as one of the unit foundations continued to re-fill with water several times before construction could begin. Commissioner Osborn noted the Commission had originally suggested the units be built on slabs rather than foundations for that reason, but were assured by the developer that foundations would be no problem.
* Commissioner Roloff suggested the drains at the granite business on North Road are filling in again. Wetlands Agent Newton reported she had received a complaint from the property owner; she and Town Planner Whitten visited the site for an inspection. They found that the run off is coming off the slope but is not the result of renovations at the USA Hauling site; USA Hauling has completed approximately 90% of their site renovations and the system is working as anticipated. Wetlands Agent Newton and Town Planner Whitten were given a tour of the granite company, who is no longer running the granite dust into the drains. Problems with the drainage at this site are occurring due to the significant patching of the paving in the parking lot, and
the inlet of the catch basin is lower than the outlet; much of the back-up is self-imposed. Wetlands Agent Newton reported the tenant advised them that they are getting much less water than they did previously.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 7:32 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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