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May 5, 2010 Minutes
TOWN OF EAST WINDSOR
CONSERVATION COMMISSION/INLAND WETLAND WATERCOURSE AGENCY

Regular Meeting
May 5, 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),
John Malin, Richard Osborn, Ron Savaria, Robert Slate, and Alternate Members Alan Baker (arrived at 7:15 p.m.), Ron Hocutt, and Kathryn Roloff.

Unable to Attend:       Regular Members Michael Koczera, and Michael Sawka.             .
Chairman Ceppetelli noted the establishment of a quorum with five Regular Members and three Alternate members.  Chairman Ceppetelli reported the Regular Members will be voting on Items of Business this evening.   Also present was Wetlands Agent Newton.

LET THE RECORD SHOW Selectman Richard Pippin, the Board of Selectmen’s liaison to this Commission, was in also in attendance.  

ADDED AGENDA ITEMS:

Chairman Ceppetelli acknowledged receipt of the following items, and requested a motion for their addition to the Agenda: 58 Winkler Road/G III Holdings, LLC, Application for a single family home and shed, and Status report on 244 South Main Street.

MOTION: To ACCEPT the following ADDED AGENDA ITEMS, under NEW APPLICATIONS TO BE RECEIVED/1)  58 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 4.45 acres.  Assessor’s Map #15, Block #17, Lot #19-1.  This property is located on the west side of Winkler Road nearest intersection being Newberry Road (65 day application period ends July 9, 2010), and under Correspondence:  Status Report on 244 South Main Street.

Osborn moved/Slate seconded/
VOTE:  In Favor:  Unanimous (Ceppetelli/Osborn/Savaria/Malin/Slate)


APPROVAL OF MINUTES/April 7, 2010:

MOTION:  To APPROVE the Minutes of Regular Meeting dated April 7, 2010 with the following AMENDMENTS: Page 7, STAFF REPORTS, Line #319:  “…….issues at 247 244 South Main Street?”; and Page 7, STAFF REPORTS, Lines #314 and #315: “…..the report requested May annually as a condition of approval should be available for the Commission’s next meeting. The annual May report, which is a condition of approval, should be available for the Commission’s next meeting.

Slate moved/Osborn seconded/
VOTE:   In Favor:  Ceppetelli/Osborn/Malin/Slate
               Opposed:  No one
                Abstained: Savaria

NEW PUBLIC HEARING (on Inland Wetlands applications):   None.

NEW BUSINESS/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):

Chairman Ceppetelli read the description of the Item of Business.  Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant, Steve Farmer.  Mr. Farmer was also present in the audience.

Mr. Ussery submitted a revised plan to the Commission.  Mr. Ussery noted the changes have been made in response to concerns raised by the Commission at the previous Meeting.  The revised plans have been reviewed by Wetlands Agent Newton, Town Engineer Norton, and David Askew, District Manager/Registered Soil Scientist for the North Central Conservation District, Inc. (NCCD).  Comments made by David Askew are noted under his letter dated 4/21/2010; memo dated 5/4/2010 from Town Engineer Norton indicated he took no exception to the plan as presented.  

The plan changes/revisions include:  
1)      construction sequence for the sewer laterals has been added
2)      erosion control measures added to the downhill slope for installation of the sewer laterals
3)      erosion control blanket to be placed on top of excavation
4)      sewer construction will include service for two existing homes; current septic systems for the existing homes will be eliminated
5)      locations of stockpiles have been moved back from the top of the slope to the front of the lots
6)      locations of proposed houses have been moved back from slope to the front of the

lots as well
7)      locations of footing drains have been removed from the middle of the slope, sump pumps have been added which will discharge to the side of the houses
8)      Conservation easement coming back up to the top of the slope has been added for each lot
9)      The excavation area in the wetlands will maintain the same soil profile during refilling to preserve original vegetation order.

Chairman Ceppetelli questioned what was the type of vegetation currently existing at the site?  Wetlands Agent Newton reported multi-flora rose is currently blooming all over the site.  

Wetlands Agent Newton reported she is comfortable with the plans as revised.  She and David Askew determined the sewer laterals should be installed during May through October.  She recalled that there are some areas where the existing sewer line is visually evident; she noted there are no plans to cover those bare areas.  Mr. Ussery concurred, noting the Water Pollution Control Authority (WPCA) is aware of the existing condition.  Mr. Ussery further noted that the proposed manhole covers are sealed, which will prevent water from entering during flooding conditions.

MOTION: To APPROVE THE PLAN as presented/amended 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.  

Savaria moved/Slate seconded/
VOTE:  In Favor:  Unanimous (Ceppetelli/Osborn/Savaria/Malin/Slate)
No opposition/no abstentions

LET THE RECORD SHOW Commissioner Baker arrived at 7:15 p.m.

NEW APPLICATIONS TO BE RECEIVED/1) 58 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 4.45 acres.  Assessor’s Map #15, Block #17, Lot #19-1.  This property is located on the west side of Winkler Road nearest intersection being Newberry Road (65 day application period ends July 9, 2010):

Chairman Ceppetelli acknowledged the receipt of this new Application.  Appearing to discuss this proposal was Jay Ussery, of J. R. Russo & Associates.  

Mr. Ussery noted this lot was previously proposed as Lot #1 under the original Subdivision Plan.  The location of the lot is closest to the trolley tracks.  The original

proposal for this lot was withdrawn.  Under this new plan they have made the following revisions:
1)      changed the size and style of the proposed dwelling; they are currently proposing  a split level home
2)      full basement has been eliminated
3)      less grading is proposed around the dwelling
4)      dwelling location is approximately 50’ back from Winkler Road

Mr. Ussery indicated the lot is served by sewer and utilities, which are shown on the plan

Chairman Ceppetelli questioned the amount of contiguous upland area?  Mr. Ussery noted the following lot specifics:
·       68,000 square feet of contiguous upland area
·       120,000 square feet of wetlands
·       173,000 square feet of Conservation Easement
·       7,000 square feet of rear lawn area
·       5,000 square feet of wooded area
·       11,000 square feet of front lawn and driveway
·       1700 square feet for the house footprint

Mr. Ussery reported the proposed lot provides approximately 25,000 square feet of livability space.  A fence, and wetlands markers, will be installed along the back and sides of the area to delineate that area; they will add plantings to further delineate the edge of the wetlands and Conservation Easement.  Mr. Ussery reported the closest point to the wetlands line on the right side is 30’; the fence will be installed 15’ from the wetlands.  On the left rear corner the closest point is 27’ to the wetlands line, with the fence installed 18’ from the wetlands; off the back of the livability space the closest point is 38’ to the wetlands line, and 30’ to the fence line.  

Mr. Ussery noted there will not be any footing drains as the basement floor will be built at the ground level.  

MOTION: To RECEIVE the Application for 58 Winkler Road/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 4.45 acres.  Assessor’s Map #15, Block #17, Lot #19-1.  This property is located on the west side of Winkler Road nearest intersection being Newberry Road.

Osborn moved/Savaria seconded/
VOTE:  In Favor:  Unanimous (Ceppetelli/Osborn/Savaria/Malin/Slate)
No opposition/no abstentions

MISCELLANEOUS:  Nothing to present.


AGENT DECISIONS/1)  114 Rye Street – Application of Joe Pellegrini for the
Construction of a Detached Garage in the Upland Review Area.  This property is served by private well and septic system.  Total parcel is 1.42 acres.  Assessor’s Map #31, Block #40, Lot #3.  This property is located on the west side of Rye Street nearest intersection being Norton Road:

Wetlands Agent Newton reported the Applicant was issued a Zoning Permit to construct a 26’ x 46’ garage.  A perennial stream is located approximately 90’ away from the garage location.  The Applicant has moved the location of the silt fence to a position suggested by Wetlands Agent Newton.  There is no impact to the perennial stream due to this construction activity.

STATUS REPORTS/1)  244 South Main Street:

Wetlands Agent Newton reported she has received correspondence from the CT DEP written to All American Products regarding a Restoration Plan for fill placed in the flood plain and river encroachment line at 244 South Main Street.   The owner has 90 days to develop a plan; all local and Federal approvals must be received to begin restoration.  The DEP letter indicates that no work can begin before July 1, 2010, and work must be completed by October 31, 2010.

The Commission discussed local approvals, which can potentially be within this agency and the Planning and Zoning Commission.  Removal of the fill was discussed; it was noted the fill can be removed to a location outside of East Windsor.   Approval procedures were discussed.

EXECUTIVE SESSION – PENDING LITIGATION:

MOTION: TO GO INTO EXECUTIVE at 7:33 p.m. to discuss pending litigation.  Present during the Executive Session were Commissioners Ceppetelli, Osborn, Savaria, Slate, Malin, Roloff, Hocutt, Baker, Wetlands Agent Newton, and Recording Secretary Hoffman.

Osborn moved/Slate seconded/
VOTE:  In Favor:  Unanimous (Ceppetelli/Osborn/Savaria/Malin/Slate)
No opposition/no abstentions

MOTION: TO COME OUT OF EXECUTIVE SESSION at 7:50 p.m.

Roloff moved/Slate seconded/
VOTE:  In Favor:  Unanimous (Ceppetelli/Osborn/Savaria/Malin/Slate)
No opposition/no abstentions



CONFERENCES/SEMINARS/TRAINING:  Nothing to discuss.

CORRESPONDENCE/STATUS REPORTS/Newberry Village Annual Status Report:

Chairman Ceppetelli questioned if the Status Report for Newberry Village, which was a condition of approval and required for submission May annually, has been submitted by George Logan for 2010?  Wetlands Agent Newton reported she had held discussions with Jim Giorgio, developer for Newberry Village, who had said Mr. Logan would be present this evening to present the report.  It was noted Mr. Logan was not present at the Commission’s May Meeting.  Chairman Ceppetelli recalled that the developer was present at the previous Meeting and was reminded the report was due.  Potential penalties for non-compliance were discussed.

GENERAL BOARD DISCUSSION:

Commissioner Malin questioned how close the excavation pit being operated by Mr. Charbonneau is to completion?  Wetlands Agent Newton reported they have reclaimed a significant portion of the excavated area; the area that contained wetlands has already been reclaimed.  The owner may be returning to request extending Phase 14 by about an acre.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 7:55 p.m.

Savaria moved/Osborn seconded/VOTE:  In Favor:  Unanimous



Respectfully submitted,
________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission