TOWN OF EAST WINDSOR
INLAND WETLAND WATERCOURSE AGENCY
Regular Meeting
September 1, 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), Michael
Koczera, John Malin, Richard Osborn, Ron Savaria, Robert Slate, and Alternate Members Alan Baker, Ron Hocutt, and Kathryn Roloff.
Unable to Attend: Michael Sawka
.
Chairman Ceppetelli noted the establishment of a quorum with six Regular Members and three Alternate members. Chairman Ceppetelli reported the Regular Members will be voting on Items of Business this evening; Alternate Members will also serve in rotation as needed. 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 ADD to the Agenda the following items: under NEW BUSINESS/ Permit Extensions/1. IWWA #29-2005 – Mason’s Brook Lane – M&L Development Corporation – Extension of Inland Wetlands Permit. This property is located on Mason’s Brook Lane nearest intersection being South Main Street. Assessor’s Map #38, Block #5, Lot #47. This development is served by public sewer and public water, and, under NEW BUSINESS/Eagle Scout Project/1. Billy Thim – 2 bridge crossings for Greenway trail adjacent to Scantic River, and under NEW APPLICATIONS TO BE RECEIVED:/1. Gerald Wilcox-Lot #5 Winkler Road-Regulated Activity-Construction of a Single
Family Home within the 150’ Upland Review Area. This property to be served by public water and private septic system. This property is located on the east side of Winkler Road nearest intersection being Borrup Road. Assessor’s Map #7, Block #24, Lot #073-5. Total Parcel is .85 acres. (65 day application period ends November 3, 2010).
Savaria moved/Osborn seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINUTES/August 4, 2010:
MOTION: To APPROVE the Minutes of Regular Meeting dated August 4, 2010 with the following AMENDMENTS:
Page 6, Line #228, “…..referenced prior applications when the 100’ distance would HAVE made protection of the …………”
Osborn moved/Slate seconded/
VOTE: In Favor: Ceppetelli/Osborn/Slate/Baker/Roloff
Opposed: No one
Abstained: Koczera/Malin/Savaria/Hocutt
NEW PUBLIC HEARING (ON Inland Wetland Applications): None.
NEW BUSINESS/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, 2919):
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Member Roloff joined the Board regarding review of this Application. Chairman Ceppetelli noted the Application had been received at the previous (August) Commission Meeting.
Appearing to discuss this Application was Jay Ussery, P. E., of J. R. Russo & Associates, representing the Applicant.
Mr. Ussery noted the site is located on South Main Street on the same side (east) and to the north of Henry’s Pizza; the site is almost directly across the street from the former Balch auto showroom. The subject site has been associated in the past with the Balch auto dealership. Previous uses included a body shop, and a rental dwelling which has been torn down. Millings from I-291 have been stockpiled near an existing building. The regulated area is a watercourse to the north; the entire stockpile is located within the 150’ upland review area. The millings have been stockpiled on a bituminous parking lot adjacent to the watercourse. The intent is to remove the millings; an Inland/Wetlands Permit is required for the removal activity.
Chairman Ceppetelli questioned if there is a known timeframe for the removal to occur? Mr. Ussery replied he was not able to provide an estimate for a timeframe.
Commissioner Koczera indicated he understood that this activity is not permitted under Zoning Regulations, therefore, the stockpile shouldn’t be there? Wetlands Agent Newton concurred, noting that in June it was brought to the Town’s attention that a mountain of millings was stockpiled at this location. Town Planner Whitten discussed the issue with Jim Balch and Mr. Ussery; issuance of a Violation Letter was delayed while the Zoning Regulations were reviewed. This use is not permitted under the current Zoning Regulations; the millings must be removed from the site. A Violation Letter (Cease and Correct Order) was sent out in mid-August with a 30 day timeframe to comply; Wetlands Agent Newton noted if the department sees progress on the issue they will work with the Applicant to resolve
the issue. She estimated a 2 to 3 month timeframe for removal of the millings would be reasonable. Under this Application the Commission would be approving removal of the millings within a specified timeframe.
Chairman Ceppetelli questioned that Wetlands Agent Newton has established that removal of the millings wouldn’t jeopardize the wetlands? Wetlands Agent Newton indicated runoff would have to migrate through hay bales and the riparian corridor to reach the watercourse; she felt the likelihood that the removal of the millings would pollute the stream is slim. The Zoning issue is a Cease and Correct Order; the Planning Department will work with the Applicant to seek resolution as well. If the millings aren’t removed it would become a Violation with an associated fine. The compliance date was 30 days from the issuance of the Cease and Correct Order, which was issued in mid-August; about ¼ of the stockpile has already been removed.
Commissioners Osborn and Savaria suggested a 2 month timeframe for removal; Commissioner Slate noted 3 months would take the Applicant through December which would bring him into the frost season. Commissioner Savaria felt a compliance date of October 31st would be reasonable, especially if a quarter of the millings have already been removed. Chairman Ceppetelli polled the Commission; everyone was comfortable with October 31st as the conclusion of removal of the millings.
Commissioner Baker questioned if any conditions should be included with the approval? Wetlands Agent Newton felt installation of hay bales should be sufficient.
The Commission discussed the purpose of the Application, citing approval of this Application might be interpreted by others as approval to conduct similar activities. Wetlands Agent Newton noted that is a Zoning issue which is being dealt with separately. Chairman Ceppetelli suggested this goes back to the reason for implementation of the Fines Ordinance; at this point the Commission has no enforcement ability. Commissioner Roloff requested that the record make it clear that the Commission is not sending a tacit approval for such activities. Wetlands Agent Newton noted this is an After-the-Fact Application; the Commission is only giving approval for a permit for removal of the millings with a specific timeframe. Commissioner Savaria noted the Application description cites
“storage” of millings. Wetlands Agent Newton indicated the approval motion must specify that the activity is for the removal of the millings, not storage.
MOTION: To APPROVE 245-247 South Main Street – Application of James Balch for the storage REMOVAL of asphalt millings for a commercial use; TIMEFRAME FOR REMOVAL OF MILLINGS FROM SITE IS TWO MONTHS – THROUGH OCTOBER 31, 2010 . 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.
Slate moved/Roloff seconded/
VOTE: In Favor: Ceppetelli/Koczera/Malin/Osborn/Savaria/Slate/Roloff
NEW BUSINESS/ Permit Extensions/1. IWWA #29-2005 – Mason’s Brook Lane – M&L Development Corporation – Extension of Inland Wetlands Permit. This property is located on Mason’s Brook Lane nearest intersection being South Main Street. Assessor’s Map #38, Block #5, Lot #47. This development is served by public sewer and public water:
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Baker will join the Board in review of this Application.
Appearing to discuss this Application was Jay Ussery, P. E., of J. R. Russo & Associates, representing the Applicant.
Mr. Ussery reported this request is for a Permit Extension for the Mason’s Brook development south of the high school on the west side of Route 5. It has been 5 years since the issuance of the Permit; the developer has approximately 3 more units to complete, and install the gazebo and walking trail. The watercourse associated with this Permit is Mason’s Brook; the walking trail will go around the entire site and will be near the wetlands.
Chairman Ceppetelli noted Mr. Ussery has not specified a time limit for the extension; Mr. Ussery replied affirmatively, suggesting that if the Commission would allow a 2 year extension he didn’t feel the Applicant would be back again. Commissioner Savaria questioned if any complaints had been received regarding this development? Wetlands Agent Newton replied negatively, noting she is in favor of the extension. The Commission concurred with a 2 year extension.
MOTION: To GRANT A TWO YEAR EXTENSION THROUGH OCTOBER 5, 2012 for IWWA #29-2005 – Mason’s Brook Lane – M&L Development Corporation – Extension of Inland Wetlands Permit. This property is located on Mason’s Brook Lane nearest intersection being South Main Street. Assessor’s Map #38, Block #5, Lot #47. This development is served by public sewer and public water.
Koczera moved/Slate seconded/
VOTE: In Favor: Ceppetelli/Koczera/Malin/Osborn/Savaria/Slate/Baker
NEW BUSINESS/Eagle Scout Project/1. Billy Thim – 2 bridge crossings for Greenway trail adjacent to Scantic River:
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Hocutt will join the Board in review of this Application.
Appearing to discuss this Application was Scout Billy Thim; Selectman Burnham, of 178 Scantic Road, appeared to offer his assistance to Mr. Thim with this project.
Mr. Thim reported he wants to work with the American Heritage River Commission on this, which would be his Eagle Scout project. He would be constructing 2 wooden bridge crossings across a tributary of the Scantic River behind the Lasbury property on Norton Road. The area of the project is Town property; approval must be received through the Board of Selectmen as well. The bridges will be 16’ in length; Mr. Thim will be digging holes 42” into the soil for poles to support the bridges.
Chairman Ceppetelli questioned if the holes would be dug with machinery, or post hole diggers? Mr. Thim indicated he would be digging them by hand with a post hole digger. Commissioner Savaria questioned if the bridges would be located within the 100 year flood plain; he cited concern that the bridges would wash out? Wetlands Agent Newton reported the land has been used for a corn field for several years; she felt wash outs wouldn’t be an issue. Commissioner Koczera questioned the size of the post holes, noting the material removed from the holes should be removed from the site. Mr. Thim indicated they would be 7” to 10” in diameter.
Selectman Burnham suggested the project will be completed at no cost to the Town, or Mr. Thim.
MOTION: To express the Commission’s support for the Eagle Scout Project of Billy Thim for 2 bridge crossings for Greenway trail adjacent to Scantic River.
Hocutt moved/Osborn seconded/
VOTE: In Favor: Ceppetelli/Koczera/Malin/Osborn/Savaria/Slate/Hocutt
MOTION: To GO OUT OF ORDER to hear as the next Item of Business NEW APPLICATIONS TO BE RECEIVED:/1. Gerald Wilcox-Lot #5 Winkler Road-Regulated Activity-Construction of a Single Family Home within the 150’ Upland Review Area. This property to be served by public water and private septic system. This property is located on the east side of Winkler Road nearest intersection being Borrup Road. Assessor’s Map #7, Block #24, Lot #073-5. Total Parcel is .85 acres.
Slate moved/Savaria seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED/1. Gerald Wilcox-Lot #5 Winkler Road-Regulated Activity-Construction of a Single Family Home within the 150’ Upland Review Area. This property to be served by public water and private septic system. This property is located on the east side of Winkler Road nearest intersection being Borrup Road. Assessor’s Map #7, Block #24, Lot #073-5. Total Parcel is .85 acres. 65 Day application period ends November 3, 2010.:
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Roloff will join the Board in review of this Application.
Appearing to discuss this Application was Jay Ussery, P.E., of J. R. Russo & Associates, representing the Applicant.
Mr. Ussery reported this is an Application for an existing lot of record located on the east side of Winkler Road, just south of Borrup Road. This is the lot to the right of another lot, Lot #4, previously approved for Mr. Wilcox; a house has since been constructed on Lot #4 . The subject lot is part of a subdivision created in the 60s by Gordon Carter. There are wetlands to the left and right rear of the subject lot. The entire lot is within the 150’ upland review area; there would NOT be any wetlands disturbance. The lot will be served by a septic system, and city water. An application is presently before the North Central Health District; no problems are anticipated as the soils near the septic area are good.
Chairman Ceppetelli questioned if the Applicant is proposing a Conservation Easement? Mr. Ussery noted nothing has been suggested at this time, but a Conservation Easement and mitigation was required of Lot #4. Wetlands Agent Newton reported that would be her suggestion for this lot as well.
Commissioner Savaria questioned if there were any vernal pools associated with this site? Wetlands Agent Newton replied negatively, noting there are only wetlands near the lot. Commissioner Savaria questioned if Wetlands Agent Newton watched the house being constructed on Lot 4? Wetlands Agent Newton replied affirmatively, noting the construction was handled well.
MOTION: To ACCEPT THE RECEIPT OF NEW APPLICATION/1. Gerald Wilcox-Lot #5 Winkler Road-Regulated Activity-Construction of a Single Family Home within the 150’ Upland Review Area. This property to be served by public water and private septic system. This property is located on the east side of Winkler Road nearest intersection being Borrup Road. Assessor’s Map #7, Block #24, Lot #073-5. Total Parcel is .85 acres.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
MOTION: To RETURN TO THE AGENDA ORDER AS POSTED.
Slate moved/Savaria seconded/VOTE: In Favor: Unanimous
Informal Discussion/1. 44 & 54 Prospect Hill Road – Mitigation Project on Town Owned Property- Kogut Piece – Reservoir Road:
Chairman Ceppetelli read the description of this Item of Business. LET THE RECORD SHOW Alternate Baker will join the Board in review of this Application.
Appearing to discuss this Application was Eric Spungen and Rob Oris, developers for 44 and 54 Prospect Hill Road, and Steve Dietzko, P. E. of Milhone and MacBroom, representing the Applicants, and William Root, Soil Scientist with Milhone and MacBroom.
Mr. Spungen introduced himself a being part of the development team that’s trying to develop 44 -54 Prospect Hill Road, which is the location of the Edy’s Ice Cream facility. Behind that building there are wetlands which they would like to fill; because the area exceeds 5,000 cubic yards they would have to go to the Army Corp of Engineers (ACOE) to acquire permission to fill that wetlands. The ACOE is allowing Mr. Spungen and his partner to work with the local Board instead. To be allowed to fill the wetlands at 44 – 54 Prospect Hill Road they are proposing to mitigate 2.5 acres of onsite wetlands with 2.5 acres of offsite wetlands, and have focused on protecting the swimming pond at Reservoir Avenue which is suffering from sedimentation and erosion problems and the accumulation of
debris. Mr. Spungen reported that they wanted to show this Board they are working behind the scenes on this mitigation project; they have hired Milhone and MacBroom to develop a conceptual plan for the Kogut property which would improve the water quality of the swimming pond by adding filtration and vegetation.
Mr. Oris introduce himself as being another member of the development team. Mr. Oris began by clarifying that the wetlands isn’t on the Edy’s Ice Cream property but is behind that parcel on Prospect Hill Road. He noted Mr. Spungen spoke of what is a negative jurisdiction from the ACOE, which takes their review away and gives it to the local Board. Wetlands Agent Newton reported the reason that the ACOE reversed their decision regarding jurisdiction was because it was determined there wasn’t a significant amount of wetlands with a nexus to other wetlands, and there is no watercourse on the Prospect Hill Property. Mr. Oris suggested they have focused on mitigation on the Kogut property to improve the adjacent swimming area as the whole town would benefit from this proposal.
Steve Dietzko, P. E. for Milhone and MacBroom, introduced himself. Mr. Dietzko reported there are 4 acres at 44 Prospect Hill Road, on which the Edy’s Ice Cream facility is located; there are an additional 14 acres at 54 Prospect Hill Drive which are wooded and contain the wetlands under discussion. Mr. William Root, wetlands soil scientist for Milhone and MacBroom, has delineated 2.6 acres of wetlands at 54 Prospect Hill Road. The concept plan for the Prospect Hill Road properties would be for a commercial use containing a building, with parking to the rear. The wetlands are located in the center of the property. Given the nature and quality and location of the wetlands it’s better to remove them. The proposed commercial use would be consistent with surrounding
industrial and commercial uses, and would also be consistent with the intent of the Plan of Conservation and Development.
Mr. William Root introduced himself as being a soil scientist with Milhone and MacBroom. He reported he has delineated the wetlands, which is an isolated wetlands which lacks a good connection with other wetlands or streams. The center area has been cleared, other areas have been filled; there are no vernal pools. Mr. Root described this area as being old wetlands that have been surrounded by roads, and is considered a low functioning wetlands.
Mr. Root reported that the swimming area is a excavated and dammed pond which was created from Chestnut Brook. The problem with damming a pond is that you pick up everything that comes downstream – the silt, vegetation and nutrients as well as bottles, etc. Mr. Root reported they have been provided a copy of the recent Broad Brook Watershed Report by the Planning Staff; they have been asked to study the pond and focus on hydraulic issues. The pond is well constructed and is a good design; it should last as long time. Nutrients from other sources – such as agricultural uses - enter the watershed and make it difficult to control the water quality. The fields adjacent to the stream have been tilled for a corn crop, with the tilled land being directed towards Chestnut Brook. Mr. Root indicated it’s important to control the run off . He reported the tilled fields pitch towards Chestnut Brook more than you would want them to. They are proposing regrading the area slightly back
towards the fields to avoid run off from the fields; they would then plant a wide vegetative buffer to restrict run off into Chestnut Brook. Mr. Root suggested they would be taking approximately 75’ of land out of production. Mr. Dietzko noted they also discovered a depression, which may have been a previous excavation. They are proposing to remove the debris from that area to create a more rounded bowl, and revegetate that area as well.
They have also noticed uncontrolled run off of road sand and salt into the brook on the south side of Reservoir Avenue. Rather than install a catch basin they are proposing to install water quality traps in which the plants would pick up the nutrients, etc. and improve the water quality. They are also proposing installation of silt fence to keep the pond in the park clearer and eliminate the algae bloom to provide a better swimming area. Rather than the creation of wetlands the project is more of a wetlands enhancement project which would take place on the uplands feeding into the pond.
Wetlands Agent Newton reported she has visited the site. David Askew, of the Natural Resources Conservation Services, will be applying for a grant for money to install a vegetative buffer to keep the geese out of the pond.
Commissioner Savaria questioned if this project would be taking land away from the tenant farmer? Wetlands Agent Newton reported the status of the lease, and its terms/conditions, is being reviewed.
Chairman Ceppetelli cited previous discussion with someone of a pond upstream which is filled with cars and debris; is that area included in this proposal? Wetlands Agent Newton didn’t recall that discussion occurring with regard to this project. Wetlands Agent Newton reported this area was spelled out in the Broad Brook Watershed Report as an area of concern; Staff will be working with the farmers to clean up the watershed area.
Chairman Ceppetelli noted the cornfield on the corner of Reservoir Avenue and Windsorville Road has been problematic as it slopes more dramatically and consistently washes out. At least half of that area drains towards Chestnut Brook. Even when it was covered with a tobacco crop it was an issue. He questioned if that area was included in this proposal? Mr. Spungen suggested they could look at that area as well.
Mr. Oris suggested they are looking for an agreement that the Commission supports this area as a mitigation area. If so, they will continue to work with the Town’s engineers, and will put in their resources to make this a better area. Chairman Ceppetelli queried the Commissioners. Commissioner Hocutt suggested what the Town is getting is much more than what we’re giving up. Anything that can be done to keep the agricultural land from being a thorn in everyone’s side is good. Commissioner Baker felt this is a worthwhile project which appears to be off to a good start. With the number of people who use the pond this is a good project to improve that pond. Commissioner Roloff suggested she had seen projects like this before; they work well. Commissioner Malin
felt this looked like a positive project. Commissioner Savaria liked the idea and felt the concept is good. He indicated he didn’t expect to be able to mitigate everything but if we can look at that cornfield that would be good. Commissioner Osborn felt the proposal was going in the right direction. Mr. Oris and Mr. Spungen agreed they would continue to work with Staff.
MOTION: To TAKE A FIVE MINUTE BREAK
Slate moved/Osborn seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:25 p.m. and RECONVENED at 8:31 p.m.
MOTION: To RECONVENE this Regular Meeting of the East Windsor Inland Wetlands and Watercourse Agency at 8:31 p.m.
Slate moved/Savaria seconded/VOTE: In Favor: Unanimous
AS-OF-RIGHT DETERMINATION/1. John Burnham-Scantic & Phelps Road-Clearing for Farm Activity (Haying):
Wetlands Agent Newton reported this is an Application for a farming exemption. The parcel is located at the intersection of Scantic, Phelps, and Tromley Roads; it is presently planted in a hay crop but has previously produced corn. Wetlands Agent Newton reported she has walked the site, as did Commissioner Slate. The proposal is to remove vegetation, and leave a 25’ buffer along the edge of Tromley Road. The vegetation is mostly secondary growth. The areas shown on the site map in red is shown on the Town’s Wetlands Map as wetlands; the wetlands have also been flagged/delineated in the field. Wetlands Agent Newton reported there is a depression in the field which looks like it has the possibility of being a vernal pool; Mr. Burnham has agreed to stay away from that area. The area is being clear cut for a hay crop presently, although the commodities might change from year to year. Speaking from the audience Mr. Burnham indicated Jim Strempfer will be planting a hay crop, with
rye grass to the north. Next Summer the crop may return to corn, and then return to hay.
Wetlands Agent Newton reported the process for obtaining an exemption is to appear before the Commission and ask for an agreement. Her recommendation to the Commission would be a ruling of No Jurisdiction because the Applicant is cutting the trees for the expansion of agricultural crops.
Commissioner Osborn questioned if the field is tiled? Mr. Burnham replied affirmatively, noting the tiles still work. The tiles were installed by Ralph Winn in 1964.
MOTION: The East Windsor Inland Wetlands and Watercourse Agency makes a ruling of NO JURISDICTION with regard to the AS-OF-RIGHT DETERMINATION/1. John Burnham-Scantic & Phelps Road-Clearing for Farm Activity (Haying).
Osborn moved/Slate seconded/
VOTE: In Favor: Ceppetelli/Koczera/Malin/Osborn/Savaria/Slate/Baker
MISCELLANEOUS/1. Regulation Updates:
· Wetlands Agent Newton reviewed the following:
Memo regarding definition of Conservation Easement – taken from definition from Planning and Zoning Commission and revised relative to Inland Wetlands needs.
AGENT DECISIONS: None presented.
STATUS REPORTS: None.
CONFERENCES/SEMINARS/TRAINING: No funding.
CORRESPONDENCE: None.
EXECUTIVE SESSION:
MOTION: TO GO INTO EXECUTIVE SESSION AT 8:44 P.M. ATTENDING: Commissioners Ceppetelli, Koczera, Malin, Osborn, Savaria, Slate, Baker, Hocutt, Roloff; Wetlands Agent Newton; Recording Secretary Hoffman.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
MOTION: TO COME OUT OF EXECUTIVE SESSION AT 8:55 P.M.
Slate moved/Osborn seconded/VOTE: In Favor: Unanimous
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:55 p.m.
Savaria moved/Roloff seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
______________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Inland Wetland Watercourse Agency
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