TOWN OF EAST WINDSOR
INLAND WETLANDS WATERCOURSE AGENCY
Regular Meeting – July 7, 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 (Vice Chairman), Michael Koczera, Ronald Savaria, and Alternate Member Ronald Hocutt.
Unable to Attend: Regular Members John Malin, Richard Osborn, Michael Sawka, Robert Slate, and Alternate Members Alan Baker, and Kathryn Roloff.
Guests: Selectman Richard (Inland/Wetlands Liaison); Kathy Pippin, Board of Finance.
Chairman Ceppetelli noted the establishment of a quorum with three Regular Members and one Alternate Member; all members present will sit in on votes this evening. Also in attendance was Town Planner Laurie Whitten
ADDED AGENDA ITEMS: None.
APPROVAL OF MINTUES – 6/2/2010:
MOTION: To APPROVE the Minutes of Regular Meeting dated June 2, 2010 with the following amendments:
Page 1, Line #36: “…..Permit #1392 for an inventory holing holding center……”
Page 5, Line #200: “…..There is a patch of wetlands near the North Road……”
Page 5, Line #210: “…..Permit #1392 for an inventory holing holding center……”
Page 6, Line #266: “…...doesn’t make it much difference.”
Page 10, Line #432: “…...The PA allows requires……..”
Savaria moved/the motion failed for the lack of a second as Commissioners Koczera and Hocutt were not present at the June Meeting.
MOTION: To TABLE THE APPROVAL of the Minutes of Regular Meeting dated June 2, 2010 until the Commission’s next regularly scheduled meeting on August 4, 2010 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Savaria moved/Koczera seconded/VOTE: In Favor: Unanimous
NEW PUBLIC HEARING (on Inland Wetland applications): None.
NEW BUSINESS: 1. 161 South Main Street – Modification of Permit #1392 for an inventory holding 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.
Chairman Ceppetelli read the description of this Item of Business. Appearing to discuss this Permit Modification was Jay Ussery, of J. R. Russo & Associates, and Attorney T. Mark Barbieri, both representing Southern Auto Auctions.
Mr. Ussery reported this is a proposal for a Permit Modification of a project on Phelps Road which is essentially complete, with the exception of two outstanding items: 1) a landscaping berm shown on the approved plan, and 2) paving of the inventory holding center/area. Considerable discussion occurred during the original application process. The Commission cited concerns that snow, possibly containing sand and salt, could be deposited/pushed into detention basins as a result of the snow plowing process. As a result the Commission requested that the Applicant install additional arborvitae plantings – estimated to number approximately 400+/- shrubs at an estimated cost of $70,000 – around the detention basins. Mr. Ussery described the locations of 3 detention basins
shown on the plans, and noted where the arborvitae and signage would be installed.
Mr. Ussery indicated the request for modification is not a cost issue for Mr. Tribble/Southern Auto Auction (SAA). Based on experience gained from the functioning of other SAA sites, and further engineering review, Mr. Ussery suggested he doesn’t feel the additional plantings are necessary as he doesn’t feel snow entering the basins will cause the basins any harm. SAA’s snow contractors use very little sand or salt, therefore the concern with pollutants getting into the basin(s) is remote. Also, the lot is remote from the SAA main building and would not be used for inventory storage to the degree that other lots are used. Plowing of snow would not occur with the same frequency. Mr. Ussery noted signage has been proposed to indicate that snow isn’t to be dumped in the
basins. As part of the modification Mr. Ussery noted they are showing snow holding areas.
Mr. Ussery noted SAA has been before the Commission in the past for permission to clean basins on other parcels. Snow has entered basins on another property every year, and the wetlands vegetation grows back every year.
Mr. Ussery recalled the Commission’s concern expressed during a previous meeting that if Mr. Tribble no longer owned SAA properties a new owner might not be as conscientious as Mr. Tribble. Mr. Ussery suggested Attorney Barbieri will tell the Commission the property isn’t up for sale; Mr. Tribble has no plans to retire, or sell. Mr. Tribble’s son-in-law has just come into the business; Mr. Tribble plans to keep the business in the family. Mr. Ussery reported Mr. Tribble apologized for not being able to attend the meeting this evening. Mr. Ussery and Attorney Barbieri are present to request elimination of the shrubbery and allow the applicant to store snow on site.
Commissioner Savaria questioned the Applicant’s intention to change from paving the lot to continuing with the gravel surface. Mr. Ussery agreed the plan originally showed a paved area. He thought that during the original approval the Inland/Wetlands Commission would rather have had a gravel surface. Mr. Ussery reported the price of paving has increased from approximately $58,000 to $100,000/ton; it would cost hundreds of thousands of dollars to pave this lot presently. They are requesting a delay of that approval condition as the lot has not yet been used. Mr. Ussery felt if the lot became active and used on a weekly basis then it would probably be paved as it’s difficult to keep the cars clean with a gravel surface.
Commissioner Savaria questioned if Town Engineer Norton had provided any correspondence as was requested in the Minutes? Town Planner Whitten indicated Town Engineer Norton had said he didn’t recall seeing the plans. Commissioner Koczera questioned if the contractors have special blades for plowing gravel; he plows snow and gravel is easily torn up. Attorney Barbieri suggested if the lot were to be used frequently he felt it probably would be paved as they agree with that comment. There is no plan to use this lot regularly now. Attorney Barbieri felt that situation will change in a couple of years. In the past vehicles have come in during the Winter in the thousands. That situation has changed in the past 2 years, while the Mom and Pop businesses are going well. The
rotation of vehicles is different now.
Commissioner Koczera questioned how the area was plowed if the snow was not taken off? Mr. Ussery reiterated the plans now show areas within the basins into which the snow will be pushed. They will not be pushing snow into wetlands because the basins wouldn’t he considered wetlands, although they are growing wetlands vegetation. The siltation will be cleaned out as necessary. The intention is to create areas into which the snow will be pushed.
Chairman Ceppetelli questioned that one of the reasons the Applicant is here tonight is to be able reduce the bond? Mr. Ussery concurred, noting they want to close out the Permit. Chairman Ceppetelli questioned why close out the Permit if the lot is not being used? If the intention is to ultimately pave the lot it will eliminate the issue of the gravel getting into the detention basin; the reason for the planting of the arborvitae was because of concerns that the lot wasn’t going to be paved. Chairman Ceppetelli noted the Commission’s willingness to work with the Applicant; it seems like the Applicant wants to pave the lot eventually. Mr. Ussery suggested they would like to pave the lot when the market changes. Chairman Ceppetelli suggested that if the Permit is closed, as
the Applicant wants, there are no assurances you will pave the lot, and there will not be any arborvitae to protect the basins. Chairman Ceppetelli suggested the Commission is looking for a compromise. Mr. Ussery indicated they are listing the snow collection areas as an alternative. The basins are built in uplands areas, not wetlands, although they do outlet into wetlands. Mr. Ussery reiterated his contention that he didn’t see a big issue with silt or gravel getting into the basins; they’re designed for that – to cleanse and purify the water, and they will work if the gravel gets in.
Chairman Ceppetelli questioned if Mr. Ussery could provide a history of the lots that are not paved? Mr. Ussery noted they have spoken with Mike Gragnolati (soil scientist), who also feels there is no problem. Mr. Ussery suggested the lot at 275 South Main, near Harken’s Market, had only a paved entrance drive and a gravel lot for many years. The lot had a large detention basin near Harken’s Market, and it functions fine. Mr. Ussery suggested the lot at 205 South Main, near (the previous) Railroad Salvage building, had a paved entrance drive and cul-de-sac while the rest of the lot was gravel. There are 2 linear detention basins at that site. For many years all the snow from the lot has been pushed into those basins. The lot is currently paved. When they
cleaned the basins the wetlands vegetation was very abundant. There is also a detention basin over the hill on the west side at 164 South Main Street; that lot has always been gravel. Mr. Ussery felt that basin is probably closer than the basins at 161 South Main Street. Mr. Ussery felt there was history for SAA having gravel parking lots.
Commissioner Hocutt questioned the schedule for cleaning the basins? Mr. Ussery reported they have a Stormwater Cleaning Permit. Chairman Ceppetelli concurred that SAA does a fantastic job but cited his concerns if Mr. Tribble no longer is associated with this business. Commissioner Hocutt felt if someone wanted to push snow into the basins they’ll do it anyway.
Attorney Barbieri pointed out that there is another auction in town on Newberry Road; all their lots are gravel. He questioned if there are problems with those lots? Chairman Ceppetelli indicated all the cars are busted, with oil leaking out. Attorney Barbieri suggested they used the gravel lots as a selling point that they could get the oil out better.
Commissioner Savaria suggested his concern wasn’t so much if pollutants get in the basins, but how do they function with snow in them? Mr. Ussery reiterated they push snow in other basins and they have not had problems. He indicated he still didn’t think there is an issue; the snow will melt and become water. Commissioner Savaria reiterated he had been hoping for comments from Town Engineer Norton indicating the catch basins will function ok with the gravel. Mr. Ussery noted all the drainage structures have paving around them so it makes it easier for the water to get to them. There is no problem with the surface drainage. Chairman Ceppetelli questioned if any scheduled maintenance has been done at the lot under discussion yet? Mr. Ussery replied negatively, noting the
lot has never been plowed; it’s locked up. Commissioner Savaria reiterated he was still looking for something from Town Engineer Norton.
Town Planner Whitten summarized that it seemed that everyone’s main concern was the gravel and everything going into the basins. She would rather see the snow go into the stockpile area so when it does melt if there is some gravel the Applicant can respread it on site. Once the lot is paved she would be more concerned with the sand and salt but she still would rather it go into the stockpile area, especially with regard to the basin on the north side. She felt that even if they plant the arborvitae there it won’t make any difference. Commissioner Savaria indicated he didn’t have a problem with the signs rather than the trees. Chairman Ceppetelli suggested the Commission lacks the ability to fine the Applicant if they dump in the basins. Town Planner Whitten suggested
the Town can enforce regulations. Chairman Ceppetelli questioned how the Town was doing on other enforcement issues? Attorney Barbieri suggested, that speaking as a citizen, the Town doesn’t enforce. You need to issue a Cease & Desist if people don’t comply and then go to court. If a few thousand bucks are involved people will stop. Silence ensued.
Commissioner Savaria suggested he didn’t have a problem eliminating the trees, but to give up the right to have the lot paved at some point in the future concerned him. He suggested he would be willing to give the Applicant a couple of years to pave the lot. Mr. Ussery didn’t think that paving was part of the Wetlands Permit; he felt that the Wetlands Commission would rather not have the lot paved so water could infiltrate back into the ground. Mr. Ussery couldn’t recall if paving was an option under the Planning and Zoning Permit. Commissioner Koczera questioned the type of gravel; would they consider using stone dust? Mr. Ussery indicated the lot is processed gravel; stone dust stains the vehicle tires.
Chairman Ceppetelli reviewed the Commission’s action options – to continue until Commissioner Savaria’s concerns are addressed by the Town Engineer, to approve the modifications with the elimination of the plantings and paving, to deny, or to compromise on a combination of those options. Discussion followed regarding a Permit Modification timeframe. Chairman Ceppetelli queried the Applicant if they were opposed to giving the Commission one more month for further consideration? Mr. Ussery and Attorney Barbieri indicated they had no objections. Chairman Ceppetelli questioned if the berm could remain but with gaps in various places? Mr. Ussery suggested that would cause even more erosion than eliminating the berm.
MOTION: To CONTINUE the Application of 161 South Main Street – Modification of Permit #1392 for an inventory holding 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. Application to be continued until the Commission’s next regularly scheduled meeting on August 4, 2010 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Savaria moved/Koczera seconded/VOTE: In Favor: Unanimous
Mr. Ussery requested Commission members call him for access to visit the site.
NEW APPLICATIONS TO BE RECEIVED: None.
MISCELLANEOUS: 1. Reichle – Placement of Culverts on Town Property Located at Reservoir and Chanmberlain Road:
Chairman Ceppetelli indicated he thought the Commission was under the assumption that this issue had been resolved. Town Planner Whitten suggested Mr. Reichle spoke at the Board of Selectmen’s Meeting. He questioned the need for taking the culverts out; he needs them to cross the property. The work was done without permits. The area is above the reservoir; the area under discussion has been stabilized.
Discussion followed regarding conflicting opinions of previous and current Wetlands Agents regarding the appropriateness of the work. Town Planner Whitten reiterated that Staff felt it’s better to leave the site as it currently exists.
MOTION: To let the culverts stay in place.
Koczera moved/Hocutt seconded/VOTE: In Favor: Unanimous
AGENT DECISIONS: None.
STATUS REPORTS: None.
CONFERENCES/SEMINARS/TRAINING: None.
CORRESPONDENCE: None.
GENERAL BOARD DISCUSSION: None.
Town Planner Whitten referenced Wetlands Agent Newton’s memo regarding proposed regulation changes. The process for revising regulations was discussed. Town Planner Whitten suggested Wetlands Agent Newton submitted her memo with the intent that Commissioners review the material for future discussion, and to offer their suggestions for additional revisions.
Chairman Ceppetelli noted the following areas for which he would like clarification:
1) Clean Fill Definition: (a) Natural soil with contamination – he suggested there are areas in town where soil is contaminated with coal ash; he would not want to consider such areas clean fill.
2) Upland Review Area: currently 150’ from any named watercourse or water body, 150’ from Terrace Escarpment slopes; proposed change to 100’ as is recommended as a guideline by DEP. Discussion followed regarding regulated distances in surrounding communities.
Town Planner Whitten provided copies of the current regulations to Commissioners as requested.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 7:58 p.m.
Koczera moved/Savaria seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Inland Wetlands and Watercourse Commission
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