TOWN OF EAST WINDSOR
INLAND WETLAND WATERCOURSE AGENCY
Regular Meeting
June 2, 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 (arrived at 7:30 p.m.), Michael Sawka, Ron Savaria, Robert Slate, and Alternate Members Alan Baker,
and Kathryn Roloff.
Unable to Attend: Regular Member Michael Koczera, and Alternate Member Ron Hocutt.
.
At the beginning of the Meeting Chairman Ceppetelli noted the establishment of a quorum with five Regular Members and two Alternates members. Chairman Ceppetelli reported all Regular Members and both Alternate Members would be voting on Items of Business this evening at that time. After the arrival of Regular Member Osborn the Alternate Members switched off regarding participation in votes.
Also present was Wetlands Agent Newton.
LET THE RECORD SHOW Selectman Richard Pippin, the Board of Selectmen’s liaison to this Commission, and Kathy Pippin, of the Board of Finance, were in attendance.
ADDED AGENDA ITEMS:
MOTION: To ACCEPT the following Agenda additions: under NEW BUSINESS: Permit Modification: 1. 161 South Main Street-Modification of Permit #1392 for an inventory holing center located off Phelps Road. This property is located on the east side of South Main Street nearest intersection being Phelps Road. Assessor’s Map #34, Block #21, Lot#66. AND, Permit Extension: 1. Depot Street-Extension of Permit #1364 of Meadow Farms Active Adult Community located off Depot Street. This property is located on the North side of Depot Street nearest intersection being Skinner Road. Assessor’s Map #20, Block #53, Lot #14.
Slate moved/Roloff seconded/
VOTE: In Favor: Unanimous Ceppetelli/Savaria/Sawka/Slate/Roloff/Baker/Malin
No opposition/No abstentions
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APPROVAL OF MINUTES/May 5, 2010:
MOTION: To APPROVE the Minutes of Regular Meeting dated May 5, 2010 with the following AMENDMENTS: Page 1, line 27: “…….to this Commission, was in also in attendance.”
Savaria moved/Slate seconded/
VOTE: In Favor: Unanimous Ceppetelli/Savaria/Sawka/Slate/Roloff/Baker/Malin
No opposition/No abstentions
NEW PUBLIC HEARING (ON Inland Wetland applications): None
NEW BUSINESS: 1. 58 Winkler – 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 read the description of this Item of Business. Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, LLC, representing the Applicant, G-III Holdings, LLC. Owner Jim Giorgio, and Soil Scientist, George Logan, were available in the audience.
Mr. Ussery described the location of the proposed lot, noting this is Lot 1 of a 5-lot subdivision presented two years ago. Lots 2, 3, and 4 were approved during the original application; Lot 1 and Lot 5 were withdrawn. Within the last month Lot 5 was approved; Lot 1 is the northernmost lot adjacent to the trolley tracks. This Application is a proposal to conduct activity within the upland area. Mr. Ussery indicated Lot 1 would be served by city water, sewer, and utilities. No disturbance would occur within wetlands due to the creation of this lot.
Mr. Ussery indicated the following lot specifics:
1) total lot area is 4.45 acres
2) contiguous upland area contains 68,000 square feet or 1.5 acres
3) wetlands area is 2.77 acres
4) Conservation Easement proposed is 3.95 acres
5) 25,500 square feet of livability space:
i) 7,100 square feet of rear lawn area
ii) 5,000 square feet of rear wooded area
iii) 11,600 square feet of front lawn and driveway
iv) 1,700 square feet of dwelling
Mr. Ussery reported the configuration of this proposed lot would be similar to Lot 5; fencing and buffer plantings are proposed adjacent to the wetlands on both sides of the dwelling. The closest point to the wetlands line at the left rear corner of the dwelling is 27’; on the right side of the dwelling the closest point to the wetlands line is 31’. Mr. Ussery indicated there is room in the rear lot area for a 16’ x 12’ shed.
Mr. Ussery noted the proposed lot is located within an A-1 Zone, which requires 43,560 square feet or 1 acre of buildable area which excludes slopes, etc. He reiterated the proposed lot would contain 68,000 square feet, or 1.5 acres of contiguous upland area.
The wetlands within this parcel are basically a wooded wetlands; there are no watercourses or vernal pools within the wetlands. Mr. Logan concurred, noting the wetlands has some embedded marsh but no vernal pools as there is no water there for a significant time during the breeding season. Mr. Logan noted the wetlands within this parcel are contiguous with the wetlands associated with Newberry Village. From a water quality perspective the wetlands within this parcel are not that significant. The proposal will more than adequately protect the wetlands during construction. Mr. Logan concurred that the mitigation plan proposed is similar to the mitigation plan for Lot 5.
Mr. Ussery noted the typical Sedimentation and Erosion Bond doesn’t cover mitigation plantings; they are posting an $8,800 bond to cover the proposed plantings.
Commissioner Savaria questioned if Wetlands Agent Newton was comfortable with the proposal? Wetlands Agent Newton replied affirmatively, noting these lots are similar to those nearby owned by the Szabos and approved recently. Wetlands Agent Newton suggested the following conditions:
1. The area of clearing should be staked in the field and inspected by Staff prior to the removal of any vegetation.
2. Silt fence should be placed and inspected by Town Staff to ensure the least amount of disturbance possible in that area.
3. A deed restriction stating no construction of a swimming pool should be added due to the proximity of the adjacent wetlands to the yard area.
4. A landscaping bond should be collected for the driveway plantings and split rail fencing.
Wetlands Agent Newton reported she visited the site with David Askew of the Hartford County Soil and Conservation Service to verify the flagging of the wetlands; Mr. Askew is in agreement with the proposal also.
Chairman Ceppetelli questioned Mr. Ussery if the Applicant was comfortable with the deed restrictions? Mr. Ussery replied affirmatively.
Chairman Ceppetelli questioned if construction of the dwelling would require any filling around the home? Mr. Ussery noted the original proposal was for a Colonial style dwelling to be built at grade which would have required a substantial amount of fill. They are now proposing a split level dwelling built on a slab at grade which would require some fill – approximately 4’ - in the front and on the side adjacent to the driveway. There would not be any curtain drains associated with this style dwelling; water will discharge into the ground.
Chairman Ceppetelli noted that during the original proposal the Commission had concerns about road drainage which came onto the site. Mr. Ussery felt the concerns were associated more with Lots 2, 3, and 4, and he may have disagreed with Town Engineer Norton regarding the need for a pipe under the driveways. Mr. Ussery suggested the front is higher so they will be grading back to the road. He indicated that Winkler Road is crowned; there are no catch basins in the road. The road drainage comes onto the site now; the water will run into the wetlands. Chairman Ceppetelli felt discussion during the original approval occurred with regard to concerns for water from Winkler Road. Mr. Ussery compared Winkler Road to Rolocut Road, which accumulates water along the sides during certain times of
the year. He felt Lot 3 may take water from Winkler Road during certain times of the year as well, and you may see ponding at the sides of the road, but the soil is sandy and will take the water.
MOTION: To APPROVE 58 Winkler – 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.
Roloff moved/Slate seconded
DISCUSSION: Chairman Ceppetelli questioned if the intent of the Commission was to include the recommendations made by Wetlands Agent Newton? The Commission agreed the motion should include the following recommendations:
1. The area of clearing should be staked in the field and inspected by Staff prior to the removal of any vegetation.
2. Silt fence should be placed and inspected by Town Staff to ensure the least amount of disturbance possible in that area.
3. A deed restriction stating no construction of a swimming pool should be added due to the proximity of the adjacent wetlands to the yard area.
4. A landscaping bond should be collected for the driveway plantings and split rail fencing.
VOTE: In Favor: Unanimous Ceppetelli/Savaria/Sawka/Slate/Roloff/Baker/Malin
No opposition/No abstentions
See additional NEW BUSINESS items below.
NEW APPLICATIONS TO BE RECEIVED: None.
MISCELLANEOUS: Nothing presented.
AGENT DECISIONS: 1. North Road – Application of Annette Fortune for the construction/relocation of a farm road access to rear agricultural field within the upland review area. Total parcel consists of 61+/- acres. Assessor’s Map #7, Block #16, Lot #26. This property is located on the north side of North Road nearest intersection being Mullen Road:
Wetlands Agent Newton reported this property has been purchased by Annette Fortune, who hopes to build a facility if the sewers are approved for extension down North Road. Presently she has approval for a preliminary septic system but not a secondary septic system. At this point Ms. Fortune is seeking to improve an existing farm road within the upland review area to provide access to the site to clear a patch of trees.
Wetlands Agent Newton noted the location of this property is between the self-storage facility and the large farmhouse; the parcel is presently an overgrown pasture containing an existing farm road. Ms. Fortune is seeking to install gravel in the farm road. There is a small patch of wetlands on the site which have been flagged; there is a stream to the rear. Ms. Fortune has a curb cut permit from the State to come in off North Road if the sewer expansion is approved.
Commissioner Baker questioned how much disturbance would be caused by digging out the topsoil and adding the gravel? Wetlands Agent Newton reported the road will be installed in a day. There is a patch of wetlands near the North Road where the drainage dumps in but it isn’t near the area to be cleared; the area is an upland field, there is no need for piping. Commissioner Baker questioned if by approving this access road was the Commission giving away their ability to act on future applications? Wetlands Agent Newton replied negatively, noting that when Ms. Fortune comes back for her facility she’ll need to come back for a formal approval. Wetlands Agent Newton referenced information she had included in the Commission’s packet for this meeting, noting
it addressed a court case involving an access road.
The Commission had no further questions regarding this proposal; they concurred with Wetlands Agent Newton’s decision.
LET THE RECORD SHOW Commissioner Osborn arrived at 7:30 p.m. Service of Alternate Members to complete the Commission’s quorum will change with each application or Agenda Item, unless a specific Alternate served during a prior Meeting.
NEW BUSINESS: Permit Modification: 1. 161 South Main Street - Modification of Permit #1392 for an inventory holing center located off Phelps Road. This property is located on the east side of South Main Street nearest intersection being Phelps Road. Assessor’s Map #34, Block #21, Lot #66:
LET THE RECORD SHOW Commissioner Baker will be voting on this Item of Business.
Wetlands Agent Newton noted this Item of Business is a request for a permit modification which can be acted on tonight if the Commission concurs with the proposal.
Appearing to discuss the Application was Jay Ussery, of J. R. Russo & Associates, LLC, representing Southern Auto Sales. Mr. Ussery noted this Application involves a parking lot on Phelps Road which was approved approximately 2 years ago; everything has been done with the exception of:
· Paving of the parking surface
· Planting of arborvitae along the top of the detention basin.
Mr. Ussery indicated there was considerable discussion during the original approval regarding paving this parking area. As it is not presently being used there is no intent to pave the area at this time. The Applicant may choose to pave the parking area in the future.
Mr. Ussery noted there was lengthy discussion during the original approval regarding the Commission’s concern for the deposition of snow in the detention basin. Approximately 400 arborvitae were required to be planted along the top of the detention basin adjacent to the parking lot to prevent/discourage dumping of snow into the detention basin. The cost of planting the shrubs is approximately $70,000. Signage was also to be installed indicating dumping of snow in the detention basins was prohibited. Mr. Tribble has asked Mr. Ussery to tell the Commission that if he tells the Commission no snow will be deposited within the detention basin it will not occur. Mr. Ussery reported he and Staff discussed alternatives to the installation of the shrubs. They have decided to
show areas for the deposition of snow within the parking lots; those areas have been added to the plans before the Commission this evening.
Mr. Ussery indicated Southern Auto Sales (SAS) doesn’t use a lot of salt or sand during the winter. Mr. Ussery didn’t feel whatever salt and/or sand passes through the detention basin would be a problem. He reiterated they are asking for a modification to remove the requirement for the installation of the shrubs, although he indicated the Commission may be uncomfortable with that request given the original discussion. Mr. Ussery indicated Mr. Tribble was unable to attend this meeting, although he will be present for the next meeting if the Commission prefers. Mr. Ussery indicated he was looking for comments from the Commission.
Commissioner Savaria felt a gravel surface vs. a paved surface were two different things; he questioned if Town Engineer Norton had seen the plan modification? Wetlands Agent Newton replied negatively, noting the revised plans had just come into the Planning Office this afternoon. Mr. Ussery suggested the area is comprised of sandy loam to sandy, silty material and clay; water runs off, it doesn’t go back into the ground but rather runs into the drainage structures and goes into the detention basins. Paving the area, or not, doesn’t make it much difference. Annual reports must be submitted to the Commission for 5 years; the first two reports have been provided. Mr. Ussery felt that if snow were dumped into the detention basin it wouldn’t damage the cattails completely; they
would return in the Spring.
Commissioner Savaria questioned if signs could be installed? Mr. Ussery replied affirmatively, noting that SAS has one sub-contractor for maintenance; they meet with their staff at the beginning of the season to discuss maintenance issues. Mr. Ussery reported they could be advised that dumping of snow in the detention basins is prohibited. They can put up the signs up as well.
Chairman Ceppetelli indicated the Commission isn’t disputing Mr. Tribble’s word, but the Commission must protect the property from worse case scenarios even after Mr. Tribble no longer owns the property. He had heard that the property was up for sale. The easiest thing for a new owner to do is to dump or plow the snow into the detention basins. Mr. Ussery indicated he understood the Commission’s concerns, but assured them the property is not being offered for sale. He suggested the current monitoring reports could also include information regarding the snow removal.
Commissioner Savaria suggested if the lot isn’t being used Mr. Tribble doesn’t really need to do this. Mr. Ussery concurred that many of the lots are empty; the inventory is down due to the recession. It’s always been the goal of SAS to keep all the cars within “the campus” and not take them up and down the public streets. The current economy has changed the leasing cycle; the economy is expected to return within the next 2 to 3 years and this lot would be within the campus. They will probably use this lot before going back to 205 or 275 South Main Street, so paving was discussed at the time of the original application approval. Paving estimates were acquired; SAS held off on the actual paving because of the status of the economy.
Commissioner Baker questioned if Mr. Ussery was saying SAS didn’t plan to pave this lot until they planned to use it; is SAS looking to extend the permit? Mr. Ussery clarified that they are looking to close out this permit but to modify it before it’s closed out. He suggested he felt the lot would be paved before they use it because it becomes a maintenance issue. Commissioner Baker indicated he was less concerned with eliminating the trees than not paving the lot. Mr. Ussery recalled that they follow DEP maintenance plans for the detention basins, and often do more than is required. He reiterated his statement that the property was not for sale.
Chairman Ceppetelli questioned how long the conditions/requirements of this permit would extend if the requested modifications were not agreed to? Wetlands Agent Newton reported she has just received advisement from the DEP that all 6 year permits issued between 7/1/2006 and 6/30/2009 will automatically be extended for an additional 5 year period, even if that extension isn’t requested by the applicant. She suggested this permit probably falls under that specified time period. Commissioner Savaria questioned if the permit would continue for 11 years why are the modifications being requested? Mr. Ussery reiterated they would like to close out this permit; they have bonds in place with the Town and DOT. The bonds can’t be released unless the work which was bonded is done.
Chairman Ceppetelli suggested the Commission might be able to look at the site, and perhaps Mr. Tribble could attend the next meeting. Wetlands Agent Newton reported she and Town Engineer Norton have visited the site and seen the processed gravel storage area and the catch basins; Town Engineer Norton has signed off on them. Mr. Ussery felt that paving wasn’t a requirement. Chairman Ceppetelli recalled that the Commission realized the need for the arborvitae to keep the snow out of the detention basin. Wetlands Agent Newton pointed out that the snow removal equipment is large enough to pick up the snow and dump it over the arborvitae. Chairman Ceppetelli suggested the installation of the trees was a compromise.
MOTION: To CONTINUE the Permit Modification for 161 South Main Street for Modification of Permit #1392 for an inventory holing center located off Phelps Road. This property is located on the east side of South Main Street nearest intersection being Phelps Road. Assessor’s Map #34, Block #21, Lot#66 until the Commission’s next regularly scheduled Meeting on July 7, 2010 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Savaria moved/Sawka seconded
VOTE: In Favor: Unanimous - Ceppetelli/Osborn/Savaria/Sawka/Slate/Baker/Malin
No opposition/No abstentions
NEW BUSINESS: Permit Extension: 1. Depot Street - Extension of Permit #1364 of Meadow Farms Active Adult Community located off Depot Street. This property is located on the North side of Depot Street nearest intersection being Skinner Road. Assessor’s Map #20, Block #53, Lot #14.
LET THE RECORD SHOW Commissioner Roloff will be voting on this Item of Business.
Wetlands Agent Newton noted this Item of Business is a request for a permit extension which can be acted on tonight if the Commission concurs with the proposal.
Mr. Ussery was present representing the East Windsor Housing Authority, Limited. He indicated that the Wetlands Permit for Farm Road, Acorn Drive, and Field Circle was issued in 2005. This was a 5 year permit, which has expired; an extension is being requested. The detention basin has been installed and is acting as a sedimentation basin during construction; additional construction will still take place. As-Built Plans have been submitted. There have been bond reductions made in the past; approximately $280,000 continues to be held by the Town. Mr. Ussery suggested the Permit needs to be extended so the Applicant can continue to build the remainder of the homes. Mr. Ussery requested a 5 year extension.
MOTION: To EXTEND FOR FIVE (5) YEARS (through 2015) the Permit Extension: 1. Depot Street-Extension of Permit #1364 of Meadow Farms Active Adult Community located off Depot Street. This property is located on the North side of Depot Street nearest intersection being Skinner Road. Assessor’s Map #20, Block #53, Lot #14.
Osborn moved/Sawka seconded/
DISCUSSION: Chairman Ceppetelli questioned the Commission’s intent regarding the permit length? Commissioner Roloff suggested a two (2) year extension. Commissioner Baker questioned if there were any remaining concerns regarding the wetlands, other than the completion of the detention basin? Wetlands Agent Newton reported the basin is a sedimentation basin presently, which is the purpose of the current bond. She further noted that she and the Town Engineer require that the basin be cleaned prior to complete release of the bond. Commissioner Roloff questioned if Wetlands Agent Newton was comfortable with a five (5) year extension? Wetlands Agent Newton replied affirmatively.
VOTE: In Favor: Unanimous Ceppetelli/Osborn/Savaria/Sawka/Slate/Roloff/Malin
No opposition/No abstentions
STATUS REPORTS/Newberry Village:
Wetlands Agent Newton reported she has received George Logan’s annual report on the status of the vernal pools at Newberry Village. Mr. Logan’s report indicated that the numbers of the species have decreased, however, David Askew, of the Hartford County Soil and Conservation Service, visited the site the week before Mr. Logan. Wetlands Agent Newton felt it was difficult to get accurate numbers if someone comes out and stirs up the pools. She suggested that the Applicant and experts are considering not having units under construction next year in Phases I or II during the vernal pool season, which would eliminate the need to install silt fence and promote freer movement of the species.
The Commission will review the report and discuss the findings at the next Meeting.
MOTION: To TAKE THE ITEMS OF BUSINESS OUT OF ORDER TO TAKE GENERAL BOARD DISCUSSION NEXT.
Osborn moved/Slate seconded/
VOTE: In Favor: Unanimous
Ceppetelli/Osborn/Savaria/Sawka/Slate/Baker/Malin
No opposition/No abstentions
GENERAL BOARD DISCUSSION/1. New As-of-Right Application:
Wetlands Agent Newton submitted for the Commission’s review a new application specific to the “As of Right Permitted Uses” allowed under the Wetland Regulations. The form under discussion would be filed in conjunction with the required State forms and provides the Commission with information and drawings regarding the activities being proposed. The Commission then makes a Declaratory Ruling regarding the ability of the applicant to perform the activities proposed.
Discussion followed; the Commission offered suggestions for minor revisions of the proposed form. The Commission concurred with immediate implementation of this form.
GENERAL BOARD DISCUSSION/2. Timber Harvest Application:
Wetlands Agent Newton submitted this new form to the Commission for review. This form is specific to timber harvesting, and was prepared by the Farm Bureau and the Timber Harvesters Association and endorsed for use by towns by various State agencies specific to timbering and forestry. The Commission concurred with immediate implementation of this form also.
GENERAL BOARD DISCUSSION/3. New Appellate/Supreme Court Cases Regarding Farming Exemptions:
Wetlands Agent Newton provided the Commission with documentation of two court cases related to farming exemptions. She gave the Commission a brief summary of the cases, noting the activities which occurred and the enforcement actions instituted; she then explained the reasoning of the court when making their decisions.
GENERAL BOARD DISCUSSION/4. Discussion concerning review of Regulations:
Wetlands Agent Newton referenced a Public Act which was enacted regarding permits issued within the timeframe of July 1, 2006 to June 30, 2009 specifically. The PA allows any permits issued within that time frame to be automatically extended for a 5 year period. Any permits issued prior to July 1, 2006 and any permits issued after June 30, 2009 revert back to the timeframe of a 5 year permit with a potential 5 year extension, if requested, as stated in the Connecticut General Statutes. Towns must update their regulations to include this requirement.
The Commission was asked to consider other regulations changes as well.
EXECUTIVE SESSION: PENDING LITIGATION:
MOTION: To GO INTO EXECUTIVE SESSION to discuss pending litigation at 8:29 p.m. Attending the Executive Session were Chairman Ceppetelli, Commissioners Osborn, Savaria, Sawka, Slate, Malin, Baker, and Roloff, Wetlands Agent Newton, and Recording Secretary Hoffman.
Slate moved/Osborn seconded/
VOTE: In Favor: Unanimous Ceppetelli/Osborn/Savaria/Sawka/Slate/Roloff/Malin
No opposition/No abstentions
MOTION: To COME OUT OF EXECUTIVE SESSION at 8:40 p.m.
Slate moved/Savaria seconded/
VOTE: In Favor: Unanimous Ceppetelli/Osborn/Savaria/Sawka/Slate/Roloff/Malin
No opposition/No abstentions
CONFERENCES/SEMINARS/TRAINING:
Nothing proposed; no funding available.
CORRESPONDENCE: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:41 p.m.
Sawka moved/Slate seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
______________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Inland Wetland Watercourse Agency
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