TOWN OF EAST WINDSOR
CONSERVATION COMMISSION/INLAND WETLAND WATERCOURSE AGENCY
Regular Meeting
March 3, 2010
The Meeting was called to order at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. by Chairman Ceppetelli.
ESTABLISHMENT OF QUORUM:
A quorum was established as four Regular Members – Michael Ceppetelli (Chairman), Michael Koczera, Robert Slate, and Ron Savaria - and two Alternate Members – Alan Baker, and Katherine Roloff - were present. Regular Members Richard Osborn, Michael Sawka, John Malin, and Alternate Member Ron Hocutt were absent. Chairman Ceppetelli noted all Regular and Alternate Members would sit in on all Items of Business this evening.
Also present was Wetlands Agent Robin Newton, Town Planner Laurie Whitten, and Attorney Diane Whitney, Counsel to the East Windsor Conservation Commission Inland Wetlands Watercourse Agency.
AGENDA ADDITIONS:
MOTION: To ACCEPT under NEW APPLICATIONS TO BE RECEIVED/1. 247 South Water Street – Application of Steven Farmer for the construction of 2 Single Family Homes to be served by public water and public sewer. Total parcel is 5.1 acres. Assessor’s Map #13, Block 5, Lot 33. This property is located on the south side of South Water Street nearest intersection being Wagner Lane. (65 day application period ends 5/5/2010).
Slate moved/Savaria seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES/2/3/2010:
MOTION: To ACCEPT the Minutes of Regular Meeting dated February 3, 2010 with the following amendments: AGENDA ADDITIONS/MOTION, Page 1, Line #37, “…..in the west side of Winkler Street ROAD…….”; VIOLATIONS (For Action of Show-Cause Hearing)1. 68 Newberry Road – Revocation of Permit No. 1406 – Installation of a Farm Road (show-cause hearing); AND, 2) 68 Newberry Road – Correction Order – Work in Regulated Area Without Permit (for Action on conditions of Order), Page 8, Line 311, “……..whether the Commission revoked it or not is mute MOOT, ……….”, VIOLATIONS (for Action of Show-Cause Hearing)/2) 68 Newberry Road – Correction Order – Work in Regulated Area Without Permit (for action on conditions of Order), Line 10, Line 410, “…… dully DULY………”,
NEW APPLICTIONS TO BE RECEIVED/1) 86 Winkler Road – Page 14, Line 592 and 618, “…….Winkler Street ROAD…….”.
Savaria moved/Slate seconded/
VOTE: In Favor: Ceppetelli/Savaria/Slate/Baker/Roloff
Opposed: No one
Abstained: Koczera
VIOLATIONS (for action or show-cause hearing)1. 68 Newberry Road – Revocation of Permit No. 1406 – Installation of a Farm Road. DECISION:
Chairman Ceppetelli noted the Commission’s Counsel, Attorney Diane Whitney, pointed out there is no reason to revoke a permit that doesn’t exist. Therefore, he requested a motion to rescind the revocation of the permit.
MOTION: To RESCIND the Revocation of Permit No. 1406 for 68 Newberry Road - Installation of a Farm Road.
Savaria moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
VIOLATIONS (for action or show-cause hearing)2) 68 Newberry Road – Correction Order – Work in Regulated Area Without Permit (for action on conditions of Order). CONTINUANCE AND DECISION:
Chairman Ceppetelli read the description of this Item of Business.
Wetlands Agent Newton noted the Commission had not previously closed the hearing, nor had they made a decision, because it was their understanding that there was communication going back and forth between the Applicant and the Army Corp of Engineers (ACOE). Wetlands Agent Newton recommended the Commission close the Hearing, and rescind the Correction Order, and to then go forward with the Notice of Violation and Correction Order for the removal of the lower 120 feet of farm road.
MOTION: To CLOSE THE CONTINUATION of the Show-Cause Hearing on 68 Newberry Road - Correction Order for Work in a Regulated Area Without Permit, and RESCIND the Correction Order for Work in Regulated Area Without Permit.
Savaria moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
Chairman Ceppetelli noted the Items of Business before the Commission are now two new Notices of Violation and Correction Orders.
VIOLATIONS (for action or show-cause hearing/3. 68 Newberry Road – Notice of Violation and Correction Order - Removal of Lower 120 feet of farm road – Hearing and Decision:
Wetlands Agent Newton read the description of Item of Business V. VIOLATIONS (for action or show-cause hearing/3. 68 Newberry Road – Notice of Violation and Correction Order - Removal of Lower 120 feet of farm road – Hearing and Decision.
Wetlands Agent Newton READ FOR THE RECORD “Notice of Violation & Correction Order” regarding 68 Newberry Road, Assessor’s Map #15, Block #19, Lot #6 – Wetland Violation-Lower 120 feet of Farm Road dated February 18, 2010 addressed to Steve Dearborn, Newberry Road Enterprises, LLC. Wetlands Agent Newton NOTED FOR THE RECORD that the “Notice of Violation & Correction Order” was served to Mr. Dearborn by a Marshal on February 22, 2010.
Chairman Ceppetelli queried Attorney Brignole, representing Mr. Dearborn/Newberry Road Enterprises, LLC., if he had anything to present with regard to this Item of Business?
Attorney Brignole submitted a copy of Connecticut General Statute (CGS) Sec. 22a-44. Penalty. Court orders. He suggested that a Notice of Violation and a Correction Order are two (2) separate vehicles based on separate criteria. Attorney Brignole referenced the Notice/Correction Order date of February 18, 2010, noting the Statutes call for a Hearing to be held within ten (10) days. Based on that criteria the Hearing should have been held on February 28, 2010 rather than this evening. Wetlands Agent Newton clarified that the “Notice of Violation & Correction Order” was served on February 22, 2010; therefore the Hearing being held this evening was within the statutory requirements.
Attorney Brignole countered that he requested the RECORD BE NOTED that the Statutes must be strictly complied with; the Hearing must be held within ten (10) days. Attorney Brignole recalled that the last time they appeared before the Commission they said they would be working with the Army Corp of Engineers (ACOE), and George Logan (Soil Scientist). The issue with the ACOE is to what extent the wetlands have been degraded over time; that issue will be resolved via review by George Logan.
Attorney Brignole contended that the Statutes have not been complied with; he contended that combining the two actions was incorrect.
Wetlands Agent Newton requested a five (5) minute break to confer with Attorney Whitney, the Commission’s Counsel.
MOTION: TO TAKE A TEN MINUTE BREAK.
Koczera moved/Savaria seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 7:19 p.m. and RECONVENED at 7:25 p.m.
MOTION: To GO BACK INTO ORDER at 7:25 p.m. and continue hearing Agenda Item: VIOLATIONS (for action or show-cause hearing)/ /3. 68 Newberry Road – Notice of Violation and Correction Order - Removal of Lower 120 feet of farm road – Hearing and Decision.
Koczera moved/Savaria seconded/VOTE: In Favor: Unanimous
Wetlands Agent Newton reported that based on advice by Attorney Whitney the Commission has decided to go forward with the Notice of Violation and Correction Order for 68 Newberry Road for the removal of lower 120 of farm road. The “Notice of Violation and Correction Order” was served to Mr. Dearborn on February 22, 2010; the issue of the date can be addressed at a later time.
Wetlands Agent Newton READ FOR THE RECORD the following documents:
“History of Farm Road located at 68 Newberry Road for Hearing 3/3/2010”. Wetlands Agent Newton REPORTED FOR THE RECORD that she and Town Planner Whitten performed a site visit of 68 Newberry Road on Monday, March 1, 2010 from the vantage point of 50 Newberry Road, the adjacent property. The estimated amount of farm road that has been removed was 80 feet. Town Planner Whitten, who was present in the audience, reported that to the best of her knowledge the information as presented by Wetlands Agent Newton was accurate.
Chairman Ceppetelli queried if Attorney Brignole had any information he would like to present? Attorney Brignole indicated he would like to call George Logan forth to present his findings but Mr. Logan is not available for an appearance before the Commission this evening. Therefore Attorney Brignole indicated he had no evidence to present.
Chairman Ceppetelli queried Wetlands Agent Newton if she had any additional information to present? Wetlands Agent Newton replied she did not. Chairman Ceppetelli called for a motion to close the Hearing.
MOTION: To CLOSE THE VIOLATIONS/Show-Cause Hearing on 68 Newberry Road – Notice of Violation and Correction Order - Removal of Lower 120 feet of farm road – Hearing and Decision.
Savaria moved/Roloff seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
Discussion followed regarding the affect of weather conditions on Mr. Dearborn’s ability to complete the work by the specified date. It was noted only approximately 35’ of material remains to be removed; the Order gives Mr. Dearborn nearly a month to complete the work.
MOTION: To APPROVE THE CORRECTION ORDER AS WRITTEN on 68 Newberry Road – Removal of Lower 120 feet of farm road as follows:
1. The removal and regarding of the lower portion of the farm road must be completed by March 30, 2010.
2. This Correction Order will be filed on the land records until such time as an as-built, signed and stamped by a licensed surveyor is submitted for the above for mentioned work. The as-built shall be submitted for review and verification by the Town Engineer. Once the Town Engineer has confirmed the information by performing an on-site inspection and provided the Commission with a Memo stating compliance, the Correction Order will be removed from the Town Records.
AND. TO UPHOLD THE NOTICE OF VIOLATION on 68 Newberry Road – Removal of Lower 120 feet of farm road.
REASON: There is overwhelming evidence as placed on the RECORD by Wetlands Agent Newton that this work needs to be corrected.
Savaria moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
MOTION: TO TAKE A TEN MINUTE BREAK.
Koczera moved/Roloff seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 7:40 p.m. and RECONVENED at 7:48 p.m.
MOTION: To GO BACK INTO AGENDA ORDER at 7:48 p.m.
Koczera moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
VIOLATIONS (for action or show-cause hearing)/4. 68 Newberry Road – Notice of Violation and Correction Order – Filling of a Wetlands Area and Upland Review Area Immediately North of Farm Pond – Hearing and Decision:
MOTION: To OPEN the VIOLATION/Show-Cause Hearing on 68 Newberry Road – Notice of Violation and Correction Order – Filling of a Wetlands Area and Upland Review Area Immediately North of Farm Pond – Hearing and Decision.
Slate moved/Koczera seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
Wetlands Agent Newton READ FOR THE RECORD “Notice of Violation & Correction Order” regarding 68 Newberry Road, Assessor’s Map #15, Block #19, Lot #6 – Filling of Wetland Area and Upland Review Area immediately North of Farm Pond dated February 18, 2010 addressed to Steve Dearborn, Newberry Road Enterprises, LLC. Wetlands Agent Newton NOTED FOR THE RECORD that the “Notice of Violation & Correction Order” was served to Mr. Dearborn by a Marshal on February 22, 2010.
Wetlands Agent Newton READ FOR THE RECORD the following documents:
· “Information for Hearing on Fill Activity at 68 Newberry Road (Fill located north of pond)”.
· Voicemail message from Attorney Brignole to Attorney Whitney dated February 5, 2010, 1:41 p.m.
· Description of 12 photographs presented via Smartboard during Hearing and presented by photocopied support documentation.
Chairman Ceppetelli queried Attorney Brignole if he had anything to present with regard to this Item of Business?
Attorney Brignole reiterated his contention that the Notice of Violation/Correction Order was incorrect because of the combination of the actions under one document.
Attorney Brignole also noted George Logan was not available this evening for this meeting to present evidence regarding this issue.
Attorney Brignole advised the Commission they are dealing with the Army Corp of Engineers (ACOE); the over-riding question within the ACOE is if the area under discussion was a wetlands which has been degraded over time. The determination as to the quality of the wetlands will be made by the ACOE. Attorney Brignole suggested there is no evidence that this area was a wetlands that has been filled; he has seen nothing other than this Order that indicates he needs to come in with an application. Attorney Brignole suggested if an application had been requested they could have provided evidence if this area was a wetlands. He felt the Commission hasn’t identified the amount of fill to be removed. Attorney Brignole reported he didn’t feel the Order is remotely realistic regarding the
17,550 square feet of fill to be removed in March, April, or May when the area is already wet. Attorney Brignole also felt the Commission had not identified what they wanted to area to be returned to. Attorney Brignole also suggested that every farm pond dug in the State of Connecticut takes the material from the pond and places it around the pond to stabilize the area; he hasn’t seen any pond were someone has dug it out and removed the material. He would ask the Commission to identify any ponds for which that was done.
Attorney Brignole reiterated that dual agencies are dealing with this issue, and the ACOE is more restrictive. Chairman Ceppetelli queried if the information concerning the possible degradation of the wetlands is available from the ACOE? Attorney Brignole reported that Janet Brooks is trying to work with George Logan to establish the issue of degradation; George Logan has been hired by them and he has spoken with Janet Brooks just today. Ms. Brooks has met with the ACOE at least one time regarding this issue. Attorney Whitney questioned who was Janet Brooks? Attorney Brignole clarified that Ms. Brooks has been retained by Steve Dearborn and himself; she is to work with the ACOE.
Chairman Ceppetelli recalled that Attorney Brignole had said George Logan had been hired by Mr. Dearborn; he queried the date of his hire? Attorney Brignole reported that George Logan has worked for his client for years.
Attorney Whitney requested clarification that Attorney Brignole had said George Logan was not here tonight, but he is present in the audience; she queried that he can’t testify tonight? Attorney Brignole reported that George Logan is present tonight but isn’t able to testify.
Wetlands Agent Newton referenced a plan that had been submitted to the Commission during earlier discussions; the plan delineated as wetlands the area Attorney Brignole suggested as not being wetlands. The plan referenced by Wetlands Agent Newton is “Compilation Survey prepared for Newberry Road Enterprises, LLC, 68 Newberry Road, East Windsor, CT, by Landmark Surveys, LLC, 62 Lower Butcher Road, 860-875-8204, Ellington, CT., Scale, 1” = 60’, Dated 1/18/08, latest revision of 4/8/08.”
Wetlands Agent Newton also referenced a report dated June 1, 2006 from REMA Ecological Services regarding the quality of wetlands on the site. Wetlands Agent Newton identified that REMA Ecological Services is George Logan.
With regard to the issue of George Logan and Steve Dearborn working with the ACOE Wetlands Agent Newton referenced two letters from the ACOE, one dated March 1, 2010 to Steven Dearborn, and a second dated March 2, 2010 to Robin Newton. Wetlands Agent Newton requested a five minute break.
MOTION: TO TAKE A TEN MINUTE BREAK.
Baker moved/Savaria seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:40 p.m. and RECONVENED at 8:45 p.m.
MOTION: To GO BACK INTO ORDER at 8:45 p.m. and continue the VIOLATION/Show-Cause Hearing on 68 Newberry Road Road – Notice of Violation and Correction Order – Filling of a Wetlands Area and Upland Review Area Immediately North of Farm Pond – Hearing and Decision:
Koczera moved/Roloff seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
Wetlands Agent Newton READ FOR THE RECORD the following documents:
· Letter from Department of the Army, New England District, Corps of Engineers, Regulatory Division, dated March 1, 2010 to Steven Dearborn.
· Letter from Department of the Army, New England District, Corps of Engineers, Regulatory Division, dated March 2, 2010 to Robin Newton, Town of East Windsor, Planning & Development.
Chairman Ceppetelli queried Attorney Brignole if he had any additional evidence he wished to present? Attorney Brignole suggested the Correction Order isn’t clear as to how the Commission wants the area corrected to the original topographical area. Wetlands Agent Newton suggested the “Compilation Survey”, which was presented to acquire Permit #1406, shows some topographical grades for reference to get back to the original topographical grades. No new information has been provided to this Commission, other than the acknowledgement on August 12, 2009 by Steve Dearborn that he filled 17,050 square feet of wetlands. Wetlands Agent Newton indicated this “Compilation Survey” is the same document referenced with regard to the plantings listed under the Correction Order.
Commissioner Baker recalled that during the previous meeting Attorney Brignole had indicated they were working with the ACOE, and might have information available for this meeting. Based on the letters read by Wetlands Agent Newton it doesn’t appear that Attorney Brignole and the ACOE have spoken at all. Attorney Brignole reported he didn’t know the author (Robert J. DeSista) of the letters read by Wetlands Agent Newton; Janet Brooks and Cori Rose (of the ACOE) have been working together. Attorney Brignole also indicated they have not yet presented information from George Logan to the ACOE. Wetlands Agent Newton reported that Cori Rose had sent these letter copies to her. Cori Rose had indicated she had spoken to Janet Brooks and there had been some back and forth discussion
regarding what fell under the jurisdiction of the ACOE but that was the last communication; there has been nothing further for a month. Attorney Brignole suggested Janet Brooks has indicated the issue of the degradation of the wetlands is the issue of discussion. Commissioner Baker questioned Attorney Brignole if he had spoken to the ACOE personally? Attorney Brignole replied – no.
MOTION: To CLOSE THE VIOLATION/ SHOW CAUSE HEARING on 68 Newberry Road – Notice of Violation and Correction Order – Filling of a Wetlands Area and Upland Review Area Immediately North of Farm Pond – Hearing and Decision.
Savaria moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
Chairman Ceppetelli suggested the Commission could consider accepting the Correction Order as written, or consider amendments.
MOTION: To APPROVE CORRECTION ORDER on 68 Newberry Road – Filling of a Wetlands Area and Upland Review Area Immediately North of Farm Pond, AMENDED as follows:
1. The fill placed in and immediately adjacent to the wetlands is to be removed. The area is to be regarded back to its original topographical grade and must comply specifically with “Compilation Survey prepared for Newberry Road Enterprises, LLC, 68 Newberry Road, East Windsor, CT, by Landmark Surveys, LLC, 62 Lower Butcher Road, 860-875-8204, Ellington, CT., Scale, 1” = 60’, Dated 1/18/08, latest revision of
4/8/08.”
2. The plantings, as shown, on the approved site plan entitled, “Compilation Survey Prepared For Newberry Road Enterprises, LLC by Landmark Surveyors, dated 1/18/08, with latest revision date of 4/8/08, needs to be put in place.
3. This work is to be completed by May 15, 2010 to allow the area to dry out
4. This Correction Order will be filed on the land records until such time as an as-built, signed and stamped by a licensed surveyor is submitted for the above for mentioned work. The as-built shall be submitted for review and verification by the Town Engineer. Once the Town Engineer has confirmed the information by performing an on-site inspection and provided the Commission with a Memo stating compliance, the Correction Order will be removed from the Town Records.
AND, TO UPHOLD THE NOTICE OF VIOLATION on 68 Newberry Road – Filling of a Wetlands Area and Upland Review Area Immediately North of Farm Pond.
Discussion: None.
Baker moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
NEW PUBLIC HEARING (on Inland Wetlands applications): None.
NEW BUSINESS/1. 86 Winkler Road – Application of G-III Holdings, LLC for the construction of a Single Family Home and shed located within the 150’ upland review area. Total parcel consists of 3.08 acres. Assessor’s Map #15, Block #17, Lot #19-5. This property is located in the west side of Winkler Street (note: legal address is Winkler Road), nearest intersection being Newberry Road. This property will be serviced by public water and sewer. (65 day Application period ends April 7, 2010):
Chairman Ceppetelli read the description of this Item of Business. Wetlands Agent Newton submitted to the Commission memo dated February 10, 2010 from Town Engineer Norton.
Appearing to discuss the Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant, and George Logan, Soil Scientist.
Mr. Ussery recalled that the Commission saw an application approximately a year ago for a multi-lot subdivision at this same location. Three lots were approved, while this lot was withdrawn. The plans submitted this evening provide the Commission with two lot configurations. Under Alternate A they have changed the style of the house from a Colonial with full basement to a ranch built on a slab, which will require less fill around the house. The footprint for the house is several hundred feet back from the street. Under the previous application there was a section of the rear yard that came out closer to the wetlands; they have now eliminated that a section of the rear yard. The area of rear yard under the current application is approximately 6600 square feet. The remainder of the
rear yard will be put into a Conservation Easement, which will be identified by disks along its perimeter. The homeowner could use the Conservation Easement to walk a dog but they wouldn’t be able to turn the area into a lawn. The driveway is in the same location as Alternate B; buffer plantings will be installed the driveway with fences along both sides of the house.
Alternate B moves the house approximately 150’ further back from the street; therefore the driveway is a bit longer and the house location is a bit closer to the wetlands. The area of the rear yard for Alternate B is approximately 5800 square feet.
Both house locations are within the upland review area, with no apparent disturbance to the wetlands.
George Logan, Soil Scientist, reviewed the plans, noting that there are forested wetlands on both sides of the proposed lot location. A watercourse enters the property from across the street. There is some vernal pool activity in the back corner of the lot. Mr. Logan indicated he preferred Alternate A because the house is further away from the wetlands, and there is more buffer. From an economic perspective Alternate A makes more sense as the house is closer to the road. Soils at this location are sandy so there should not be much erosion. Alternate A requires less fill, and there is a limited amount of lawn area. Alternate A provides the maximum amount of protection to the wetlands.
Chairman Ceppetelli questioned the amount of upland review area, noting if the homeowner isn’t given enough living space they will abuse the wetlands the Commission is trying to protect. Mr. Ussery recalled the Commission had felt the rear yard area under the previous application was too large, therefore they are proposing a smaller alternative.
Wetlands Agent Newton questioned why there were no plantings to the rear of the lot? Mr. Ussery agreed to add more. Wetlands Agent Newton also suggested the addition of a row of shrubs to further define the Conservation Easement; George Logan suggested a row of evergreen along the boundary.
Chairman Ceppetelli recalled that the previous application was for a 4 or 5 lot subdivision. Mr. Ussery concurred, noting that 3 lots were approved, a small lot next to the railroad was withdrawn, as was this lot on the south. Commissioner Koczera felt the lot as proposed is too small; people will abuse the wetlands if the lot is not large enough. He questioned if the Commission can review a homeowners use of a Conservation Easement every few years? Wetlands Agent Newton reported she would provide the necessary review.
Wetlands Agent Newton indicated she preferred Alternate A as the house will be seen from the road. If a property owner denies access to check on the Conservation Easement she can access a parcel from an abutting property. The lot is tight but does provide significant uplands area which is included in a Conservation Easement, and is recorded in the Town Clerk’s Office and is noted on the deed. The Commission can add conditions that the fences, trees, and disks are all installed before a Certificate of Occupancy is issued.
Discussion returned to the Commission’s concern for the small lot size. Wetlands Agent Newton acknowledged she understood the Commission’s concerns but the courts would say if there is a reasonable use of the property the Commission can’t deny the application.
The lot as proposed has significant uplands area, which is in a Conservation Easement; she felt a court would say that was reasonable. Commissioner Koczera suggested removing of the Conservation Easement; Mr. Ussery felt the area was taken out under the previous application and the Commission didn’t like that at the time. Mr. Ussery gave an example that the livable area of the proposed lot is approximately six times the size of the meeting room in which the application is being presented. Wetlands Agent Newton suggested the back yard could be extended out a bit, but she would be against going out too far because of the vernal pool; she is also against removing the Conservation Easement from the wetlands. Discussion followed regarding the purpose of the Conservation Easement and the
installation of markers/disks to identify the area for people unfamiliar with a wetlands. George Logan noted there is also a drop-off of the terrain which further identifies the wetlands.
Commissioner Savaria suggested the closest corner of the house is 15’ from the wetlands; he questioned if the house could be moved sideways? Mr. Ussery clarified that the distance is 20’; he questioned if there is a specific distance from the wetlands Commissioner Savaria was seeking?
Chairman Ceppetelli questioned what drainage is being provided? Mr. Ussery indicated everything is sheet flow as the house is proposed to be slab on grade; there are no footing drains.
Mr. Ussery suggested they can return at the next meeting with more alternatives. The Commission was still concerned with the size of the lot as proposed
MOTION: To CONTINUE until the Commission’s April 7, 2010 Meeting this item of NEW BUSINESS/1. 86 Winkler Road – Application of G-III Holdings, LLC for the construction of a Single Family Home and shed located within the 150’ upland review area. Total parcel consists of 3.08 acres. Assessor’s Map #15, Block #17, Lot #19-5. This property is located in the west side of Winkler Street (note: legal address is Winkler Road), nearest intersection being Newberry Road. This property will be serviced by public water and sewer. The April 7, 2010 Meeting will be held at 7:00 p.m. in the Town Hall Meeting
Room, 11 Rye Street, Broad Brook, CT.
Savaria moved/Roloff seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
NEW BUSINESS/2. Newberry Village Active Adult Development (Newberry Road) – Newberry Village, LLC is requesting an extension of their Inland Wetland Watercourses Permit #1351 and 1358 for the construction of an active adult community. This development is located on the north side of Newberry Road at the intersection of Winkler Road. This development is served by public water and sewer. Assessor’s Map #15, Block #17, Lot #19, 20 & 21:
Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, and George Logan, Soil Scientist. The developer, Jim Giorgio, was available in the audience.
Mr. Ussery reported that Phase IV is essentially complete; everything is built with the exception of the second duplex unit on Blue Heron Lane. The area has been stabilized. Phase I, off Newberry Road, contains 6 units in various stages of construction; the roadway is complete. Mr. Ussery indicated he has visited the site; erosion controls are in place as shown on the plans, although some areas need retouching. The site has also been reviewed by Wetlands Agent Newton and George Logan, who is present this evening. Mr. Ussery indicated they are looking for a permit extension to continue the project.
Wetlands Agent Newton reported she has been working with Jim Giorgio regarding erosion control measures. This is a difficult site. The Applicant has installed silt socks around the vernal pools, which seems to be working well. No silt or run-off is getting into the vernal pools. The site is relatively stabilized, except for small areas affected by the thaw. The Applicant has hired a site manager who does a good job of reviewing the effectiveness of the silt fencing. They are getting ready to put out the buckets to comply with the mitigation requirements.
Chairman Ceppetelli queried George Logan that another report is due on May 1st. Mr. Logan replied affirmatively. Chairman Ceppetelli questioned if there had been any new violations since those previously discussed? Wetlands Agent Newton replied there have been no new violations.
Chairman Ceppetelli queried the length of the extension being requested? Wetlands Agent Newton replied 5 years. Commissioner Baker noted there had been a lot of problems in the past, but everyone seems to be more focused now; he would prefer extending the permit for another year. Commissioner Slate indicated he has been keeping tabs on this site and feels the developer has been doing a fabulous job; he would prefer a one year extension. James Giorgio, the developer, suggested extending the permit until the end of 2011, by which time the Commission will have had 2 additional reports from George Logan. Commissioner Baker suggested extending the permit by 18 months.
MOTION: To EXTEND Inland Wetland Watercourse Permits #1351 AND #1358 for Newberry Village, LLC - Newberry Village Active Adult Development (Newberry Road) for the construction of an active adult community. This development is located on the north side of Newberry Road at the intersection of Winkler Road. This development is served by public water and sewer. Assessor’s Map #15, Block #17, Lot #19, 20 & 21. PERMIT EXTENSIONS ARE FOR 18 MONTHS from March 3, 2010.
Koczera moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
NEW BUSINESS/3. Mansions at Canyon Ridge (North Road) – The Mansions at Canyon Ridge, LLC is requesting an extension of their Inland Wetland Watercourse Permit #1360 to conduct regulated activities associated with the construction of a 220 unit apartment development. This development is located on the north side of North Road nearest intersection being Yosky Road. This development is served by public water and sewer. Assessor’s Map #9, Block #36, Lot #46:
Appearing to discuss this Application was Jay Ussery, of J. R. Russo and Associates.
Mr. Ussery described this apartment development as being located across from Revay’s on North Road. The plan before the Commission shows in brown or yellow the units which have been completed and are occupied (Phase 1), while the 3 buildings shown in red are under construction. Phase I has been completed and is stabilized. The roadway has been completed out to the circle; the drainage, sewer, and water have been put in; the remaining units have not yet been started. This developer has also installed silt socks, which appear to be working better than silt fence. Mr. Ussery advised the Commission he visited the site this afternoon.
Chairman Ceppetelli queried Wetlands Agent Newton if there have been any issues with this project? Wetlands Agent Newton replied there have been no issues whatsoever. She visited the silt last week; they are using the silt socks near the ravine and watercourse. Wetlands Agent Newton reported she has never had to ask this developer to repair erosion controls; this is a clean site.
Mr. Ussery reported that the siltation basin has been built but some of the storm drainage needs to be completed.
Chairman Ceppetelli questioned when it was anticipated the site would be completed? Mr. Ussery indicated he felt all the foundations would be put in by the end of this year but he didn’t think the building would be completed by that time. Mr. Ussery noted the developer has asked for a 5 year extension but he felt the project would be completed in 2 years.
MOTION: To EXTEND Inland Wetland Watercourse Permit #1360 for NEW BUSINESS/3. Mansions at Canyon Ridge (North Road) to conduct regulated activities associated with the construction of a 220 unit apartment development. This development is located on the north side of North Road nearest intersection being Yosky Road. This development is served by public water and sewer. Assessor’s Map #9, Block #36, Lot #46. . PERMIT EXTENSION IS FOR TWO (2) YEARS from March 3, 2010.
Koczera moved/Slate seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
NEW APPLICTIONS TO BE RECEIVED/1. 247 South Water Street – Application of Steven Farmer for the construction of 2 Single Family Homes to be served by public water and public sewer. Total parcel is 5.1 acres. Assessor’s Map #13, Block 5, Lot 33. This property is located on the south side of South Water Street nearest intersection being
Wagner Lane. (65 day application period ends 5/5/2010).
Appearing to discuss the Application was the owner, Steve Farmer.
Wetlands Agent Newton noted this Application is before the Commission to be received; she questioned if the Commission wants to review the Application or authorize her to complete a Staff review? The Commission decided to they would like to review this Application.
Mr. Farmer submitted plans to the Commission. He reported the proposal is for a 2 lot subdivision of land which is currently being used for agricultural purposes. Mr. Farmer reported the dwelling shown to the far right on the plans is #247, while the dwelling to the south is #249. There is a septic system serving #249; that septic system will be pulled out and both #247 and #249 will be hooked up to the sewer. There is an existing sewer line which crosses this property down by the river. The WPCA (Water Pollution Control Authority) has agreed to the 2 sewer lines but is requesting easements to access the line from the road.
Mr. Farmer noted the wetlands is shown on the plans as the squiggly line. Both dwellings, which were built in the 1840s, are located within the wetlands.
Mr. Farmer indicated he is not interested in building any additional homes any time soon. Wetlands Agent Newton advised the permit has a 5 year duration; if the homes aren’t built by that time an extension would be available.
Chairman Ceppetelli questioned the Commission if they had any concerns? Commissioner Koczera questioned the existence of steep slopes on this property? Mr. Farmer replied affirmatively, noting the property line changes with the time of year and the height of the river’s water line.
Chairman Ceppetelli questioned if the existing sewer line is exposed? Mr. Farmer indicated the sewer line is covered but the water gets up to the line during high water.
Commissioner Savaria questioned if the Commission would consider a Conservation Easement on the slopes? Chairman Ceppetelli questioned if the slopes were terrace escarpment slopes. Mr. Farmer indicated he wasn’t opposed to a Conservation Easement.
Wetlands Agent Newton asked if she could visit the property? Mr. Farmer replied affirmatively.
MOTION: To ACCEPT/RECEIVE Application for 247 South Water Street – Application of Steven Farmer for the construction of 2 Single Family Homes to be served by public water and public sewer. Total parcel is 5.1 acres. Assessor’s Map #13, Block 5, Lot 33. This property is located on the south side of South Water Street nearest intersection being Wagner Lane. (65 day application period ends 5/5/2010).
Koczera moved/Roloff seconded/
VOTE: In Favor: Unanimous (Ceppetelli/Koczera/Savaria/Slate/Baker/Roloff)
MISCELLANEOUS: No items for discussion.
AGENT DECISIONS: No Agent Decisions reported.
STATUS REPORTS: None.
CONFERENCES/SEMINARS/TRAINING: No items for discussion.
CORRESPONDENCE: No items for presentation.
GENERAL BOARD DISCUSSION: No discussion occurred.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:40 p.m.
Koczera moved/Savaria seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
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