TOWN OF EAST WINDSOR
INLAND WETLANDS WATERCOURSE AGENCY
Regular Meeting – August 4, 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), Richard Osborn, Robert Slate, and Alternate Members Alan Baker, and Kathryn Roloff.
Unable to Attend: Regular Members Michael Koczera, John Malin, Ronald Savaria, and Michael Sawka, and Alternate Member Ronald Hocutt
Guests: Selectman Richard Pippin, liaison to the Inland Wetlands Watercourse Agency, and Kathy Pippin, Board of Finance.
Chairman Ceppetelli noted the establishment of a quorum with three Regular Members and two Alternate Members; all members present will sit in on votes this evening. Also in attendance was Wetlands Agent/Zoning Enforcement Officer Robin Newton.
AGENDA ADDITIONS:
MOTION: To ACCEPT the Agenda Addition – New Applications to be Received/1. 245-247 South Main Street – Application of James Balch for the storage of asphalt millings for a commercial use. This activity is located within the 150’ upland review area. Total parcel consists of 9.11 acres. Assessor’s Map #38, Block #23, Lot #59A. This property is located on the east side of South Main Street nearest intersection being Abbe Road. (65 Day Application Period Ends October 8, 2010).
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES – 6/2/2010 and 7/7/2010:
MOTION: To ACCEPT and 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……..”
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
MOTION: To ACCEPT and APPROVE the Minutes of Regular Meeting dated July 7, 2010 withy the following amendments:
Page 3, Line #118, “…..wouldn’t he BE considered wetlands,…….”
Page 3, Line #123, “…..be able TO reduce the bond?”
Page 4, Line #161, “…..Ceppetelli indicated all the cars, are busted, with oil POTENTIAL OF OIL OR FLUIDS leaking out.”
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
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 proposal were James Ussery, Jr., of J. R. Russo & Associates; and Attorney T. Mark Barbieri, both representing the Applicant, Southern Auto Sales.
It was noted a memo had been submitted by Town Engineer Norton referencing his site visit to the Phelps Road Inventory Holding Area owned by Southern Auto Sales; his memo included several findings and a recommendation.
Mr. Ussery reported the subject Application is for a modification of the present permit to eliminate the installation of an estimated 200 – 300 arborvitae required along 3 detention basins. Mr. Ussery recalled that during the original permit approval the purpose of the arborvitae was to prevent snow being plowed into the basins. The revised plans before the Commission now show areas to place snow. Mr. Ussery noted Wetlands Agent Newton and Town Engineer Norton inspected the site; Town Engineer Norton has no problem with the removal of the arborvitae. His memo suggested the addition of another paved area – an “isle with Cape Cod bituminous curb” at the edge of all parking areas adjacent to Storm Water management basins”. Mr. Ussery pointed out the various areas on the
plan.
Wetlands Agent Newton submitted the following site photos:
1. Detention basin south of the barn surrounded with riprap and vegetation
2. Strip of paving and curbing
3. Basin on the east side, which has significant vegetation.
Wetlands Agent Newton questioned if the Applicant has decided if the holding area/center will remain gravel or be paved? Attorney Barbieri indicated it would be paved. They will not be plowing the lot if they are not using it.
Mr. Ussery recalled that one requirement during the original approval was that a wetlands seed mix be used in the basin. He noted that vegetation is coming up well, and the water is clear; frogs can be seen in the water.
Chairman Ceppetelli questioned if the Applicant would be following Town Engineer Norton’s recommendations? Attorney Barbieri suggested the Applicant has 3 more years for this permit; when the permit is over they will be done. They are presently looking to remove the arborvitae. Wetlands Agent Newton referenced the last paragraph of Town Engineer Norton’s memo regarding his opinion that there is no need for the arborvitae. Chairman Ceppetelli suggested the purpose of the arborvitae was to keep the gravel, and things associated with the snow out of the basins. Wetlands Agent Newton clarified that Town Engineer Norton was saying the paved aprons would keep the gravel out; the curbing and pavement prevent the migration of material during a rainstorm, and they wouldn’t plow
through the curbing.
Commissioner Baker questioned how long the lot has been constructed? Mr. Ussery indicated 2 years. Commissioner Slate suggested the lot has been through one Winter already. Commissioner Baker felt the lot presently looked good; he felt the elimination of the arborvitae shouldn’t be a problem. Commissioners Slate and Roloff concurred. Wetlands Agent Newton noted that both the permits from the Planning and Zoning Commission (PZC) and the Inland/Wetlands Commission show paving so if the Applicant doesn’t go to the PZC for removal of the paving the elimination of the arborvitae shouldn’t be an issue.
Chairman Ceppetelli questioned what plans would the Commission be approving under this proposal? Wetlands Agent Newton suggested the original plan shows paving; she would suggest a modification to Inland/Wetlands Permit #1392 for removal of the arborvitae.
MOTION: To APPROVE the Modification of Permit #1392 for an inventory holding center located off Phelps Road; modification is for removal of arborvitae adjacent to the detention basins. 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.
Slate moved/Osborn seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED: 1. 245-247 South Main Street – Application of James Balch for the storage of asphalt millings for a commercial use. This activity is located within the 150’ upland review area. Total parcel consists of 9.11 acres. Assessor’s Map #38, Block #23, Lot #59A. This property is located on the east side of South Main Street nearest intersection being Abbe Road. (65 Day Application Period Ends October 8, 2010).
Wetlands Agent Newton submitted the captioned Application for receipt by the Commission. Wetlands Agent Newton reported that a complaint came into the Planning Office that asphalt millings were being stored at the subject property. She and Town Planner Whitten visited the site; Town Planner Whitten has discussed possible uses with James Balch (property owner) and Mr. Ussery of J. R. Russo & Associates. Wetlands Agent Newton reported an Inland/Wetlands Permit is required as the materials are being stored within 150’ of a stream; she will be sending out a Violation letter. A review of the Zoning Regulations has not found a permitted use allowable at this site. A retail use was considered but outside storage of material isn’t allowed; a Volume Reduction Facility is only allowed
in an M-1 Zone.
Commissioner Osborn questioned that the State isn’t concerned where this material is stored? Mr. Ussery suggested he has worked on other projects where he has had to document where the material came from. He felt these millings came from Route 291; he isn’t aware who is hauling or bulldozing the material. Wetlands Agent Newton reported she spoke with a representative from DOT; they said when they do a project they ask the Town involved in the project if they want the material. In this case Manchester and South Windsor declined the material, so the contractor took the material. That contractor has not yet been identified. The State’s position is that once they hand the material off to another party they don’t follow up on where it goes. Wetlands Agent Newton
reported the materials can be reused, and there is a market for this material, but the intent of this project is not known.
Mr. Ussery indicated there would be no application to the Planning and Zoning Commission as the use doesn’t fit anywhere in the current regulations. Wetlands Agent Newton reported that if the use doesn’t fit the regulations then the material would have to be removed.
Wetlands Agent Newton reported this an After-the Fact Application submitted in response to an Inland/Wetlands Violation.
MOTION: To ACCEPT THE RECEIPT OF NEW APPLICATION 1. 245-247 South Main Street – Application of James Balch for the storage of asphalt millings for a commercial use. This activity is located within the 150’ upland review area. Total parcel consists of 9.11 acres. Assessor’s Map #38, Block #23, Lot #59A. This property is located on the east side of South Main Street nearest intersection being Abbe Road. (65 Day Application Period Ends October 8, 2010).
Slate moved/Roloff seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/1. Regulation Updates:
Chairman Cepptelli referenced the Commission’s comments noted in the Minutes of the July Meeting.
Wetlands Agent Newton noted her recommended revisions:
· to change the distance of wetlands from the Upland Review Area from the current 150’ to 100’. In response to the Commission’s comments she has provided information from surrounding towns; the average distance is 100’. Separation distances range from 150’ from septic systems (Suffield) to 200’ from Certain (named) Rivers (Enfield and Vernon) to 40’ from wetlands (Windsor Locks).
· To establish a definition for:
o Conservation Easement
o Regulated Area
· Clarification that the definition of “Clean Fill” should have referenced “natural soil with NO contamination”. “Clean fill excludes demolition or construction waste or debris such as but not limited to stumps, trees, solid waste, bulky waste and refuse.”
· Addition of sections referencing time frames
· Addition of section citing specifics of notifying abutters within 100’ of a subject property involved in a Public Hearing.
· Addition of a section specific to Application requirements involving vernal pools.
Discussion:
Commissioner Slate suggested notification to abutters should include property owners within 200’ of proposed activity. Wetlands Agent Newton reported the 100’ was chosen as only people (an aggrieved party) within 90’ of a regulated activity have a right to appeal.
With regard to the recommendations regarding Vernal Pool Criteria, Commissioner Baker questioned who provides the “written evaluation”? Wetlands Agent Newton noted additional wording referencing the evaluation be conducted by a “certified wildlife scientist, professional wetlands scientist or similar qualified individual.”
Chairman Ceppetelli questioned if there is a standard definition for a Conservation Easement, and if a definition exists does it include “passive recreation”? He noted the intent for public use of the Scantic River by the American Heritage River Commission; he would not like to see that intent hindered. Wetlands Agent Newton suggested the definition should be consistent with any definition provided under Zoning Regulations; she will review the definition for reference to passive recreation.
Regarding reduction of the current 150’ distance of wetlands from upland review area, Commissioner Baker questioned the reason for the proposed change? Commissioner Slate noted Wetlands Agent Newton’s advisement that 100’ is the average for other towns. Commissioners Baker and Roloff and Chairman Ceppetelli suggested that perhaps East Windsor has more to protect than other towns. Chairman Cepptelli referenced prior applications when the 100’ distance would made protection of the wetlands difficult. He cited discharge of water from swimming pools located within upland areas, noting 100’ is very little distance in such a situation. Commissioners Baker and Roloff felt that the 150’ is working well now; Commissioner Osborn suggested the distance had been
changed from 100’ to 150’ several years ago to offer greater protection. Chairman Ceppetelli noted the current application process allows an applicant the ability to request a reduction of the distance. Wetlands Agent Newton cited the distance from watercourses, terrace escarpment slopes, etc. would still be 150’; she cited the 100’ distance is the recommendation of the Department of Environmental Protection, and has passed court challenges. Commissioner Roloff reiterated an applicant’s ability to request a reduction; Commissioners Baker, Osborn and Slate and Chairman Ceppetelli preferred to retain the 150’ distance.
The consensus of the Commission was to retain the 150’ distance as an applicant has the ability to make a case for a lesser distance.
Discussion followed regarding the process for regulation changes.
AGENT DECISIONS: None.
STATUS REPORTS: None.
CONFERENCES/SEMINARS/TRAINING:
Wetlands Agent Newton reported she and David Askew of the Hartford County Soil and Conservation Agency are working on a training workshop as there are no funds in the Town budget for Commissioner’s training.
CORRESPONDENCE: None.
GENERAL BOARD DISCUSSION:
The Commission discussed prior approvals vs. subsequent modifications relative to impact on the environment, and honoring the Board’s intent to protect/preserve wetlands and/or watercourses. Discussion followed regarding identifying negative impact, the approval/denial process, and legal ramifications of decisions/actions.
EXECUTIVE SESSION: 1. Pending Litigation:
MOTION: To GO INTO EXECUTIVE SESSION at 8:05 p.m. Attending the Executive Session were: Chairman Ceppetelli, Commissioners Osborn, Slate, Roloff, and Baker; Wetlands Agent Newton; and Recording Secretary Hoffman.
Slate moved/Roloff seconded/VOTE: In Favor: Unanimous
MOTION: To COME OUT OF EXECUTIVE SESSION at 8:15. p.m.
Slate moved/Osborn seconded/VOTE: In Favor: Unanimous
AJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:15 p.m.
Roloff moved/Slate seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Inland Wetlands and Watercourse Commission
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