TOWN OF EAST WINDSOR
INLAND WETLANDS WATERCOURSE AGENCY
Regular Meeting – October 6, 2010
***** Draft Document subject to Commission Approval*****
CALL TO ORDER: Chairman Ceppetelli called the Meeting to order at 7:00 p.m. in the Cafeteria of the Broad Brook Elementary School, 14 Rye Street, Broad Brook, CT.
ESTABLISHMENT OF QUORUM:
Present: Regular Members Michael Ceppetelli (Vice Chairman), Michael Koczera, Richard Osborn, Ronald Savaria, Michael Sawka, and Alternate Members Alan Baker, and Kathryn Roloff.
Unable to Attend: Regular Members John Malin, Robert Slate, and Alternate Member Ronald Hocutt.
Guests: Selectman Richard Pippin, the Selectmen’s liaison to the Inland Wetlands and Watercourse Commission, and Kathy Pippin, member of the Board of Finance.
Chairman Ceppetelli noted the establishment of a quorum with five Regular Members and two Alternate Members present; all members will sit in on votes this evening. Also in attendance was Wetlands Agent/Zoning Enforcement Officer Robin Newton.
AGENDA ADDITIONS: None.
APPROVAL OF MINUTES – September 1, 2010:
MOTION: To APPROVE the Minutes of Regular Meeting dated September 1, 2010 with the following amendments:
· Page 2, NEW BUSINESS/1. 245-247 South Main Street, Line #65: “…..(65 Day Application Period Ends October 8, 2919 2010):
· Page 8, Informal Discussion/1. 44 & 54 Prospect Hill Road, Line #324: “Mr. Root reported that the swimming area is a AN excavated and dammed pond…..”
· Page 8, Same Item of Business, Line #330, “last as A long time.”
· Page 9, AS-OF-RIGHT DETERMINATION/1. John Burnham – Scantic & Phelps Road – Clearing for Farm Activity (Haying), Lines #413 and 414: “Wetlands Agent Newton reported the process for obtaining an exemption is to appear before the Commission and ask for an agreement EXEMPTION.”
Osborn moved/ Savaria seconded/VOTE: In Favor: Unanimous
NEW PUBLIC HEARING (on Inland Wetland applications): None.
NEW BUSINESS/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 #245, Lot #083-5. Total Parcel is .85 acres. (65 day application period ends November 3, 2010):
Wetlands Agent Newton reported Mr. Wilcox has withdrawn this Application as the North Central Health District must do further testing.
INFORMAL DISCUSSION/1. Scout Hall – Creation of a pond to be used for recreational purposes-ice skating, frog habitat, etc.:
Chairman Ceppetelli read the description of this item of discussion. Appearing to present the potential proposal was Jay Ussery, of J. R. Russo & Associates, representing the potential applicant, the Scout Hall Building Committee. Also available in the audience were Ron and Nancy Masters, members of the Scout Hall Building Committee.
Mr. Ussery reported the proposal involves 2 parcels, one which was traded with the Town approximately 15 years ago, and another parcel purchased approximately 1 year ago which continues the property out to Scantic Road. The combined parcels now contain approximately 60+/- acres.
The Scout Hall Building Committee would like to create an area for ice skating for scouts and residents; they also have a series of walking trails which are presently partially built. When completed the walking trails would approximate a 2 mile stretch through the wooded area around the perimeter of the 2 parcels. Completion of the walking paths would require some wetlands crossings, some of which would incorporate boardwalks over the crossings.
Mr. Ussery submitted an aerial of the 2 parcels. The Scout Hall Building Committee would like to install a 1+/- acre pond to the east of the soccer fields built for the Town by the Parks and Recreation Department. The parking area associated with the soccer fields would be used for parking for the pond. Mr. Ussery reported they propose to make hydraulic connections to capture the intermittent stream on the property; that area would be dammed up during the Winter to allow people to skate within the wooded area.
Mr. Ussery reported they are proposing 4 wetlands crossings within the walking trails. The crossings would be piped; boardwalks would be installed over the wider crossings.
Mr. Ussery reported he was appearing before the Commission for advice as to how to proceed with the application. He presumes the Commission would need topographical details where excavation for the pond is to occur; photos and engineering details would also be submitted. Mr. Ussery reported he is looking for feedback from the Commission regarding a future submission.
In response to Commissioner Osborn’s question Mr. Ussery responded that the crossing would be approximately 4’ to 5’wide. Commissioner Savaria questioned that there would be no filling over the pipes? Mr. Ussery reported boards would be put over the tops of the pipes at the narrower crossings, and boardwalks built over the pipes at the wider crossings. Commissioner Koczera questioned the need for the pipes; Mr. Ussery noted they already have 15” to 18” pipes in areas; they are trying to do this project with a minimum of cost. Pipes have already been donated. Commissioner Koczera questioned where the fill from the pond would go? Mr. Ussery responded he didn’t know at present. Chairman Ceppetelli questioned the depth of the pond. Mr. Ussery
reported 3’ to 4’, at which point he expects to hit groundwater. If they dig the pond at 2’ they will get wetlands vegetation; if they dig the pond at 5’ the depth would become a liability issue. Chairman Ceppetelli suggested from a habitat perspective the Commission would be looking for information if the proposal would be adversely affecting the habitat that exists in the area now, and what affect the creation of the pond would cause. Commissioner Koczera questioned the size of the pond; Mr. Ussery responded approximately 1+/- acre.
Commissioner Savaria suggested it appeared Mr. Ussery was looking for relief from submission of a plan including full details. Mr. Ussery reported he felt they could put together details which would be generic for all crossings.
Commissioner Baker questioned the quality of the wetlands? Mr. Ussery reported Mike Granulati had flagged the wetlands; there are no vernal pools associated with this area. Commissioner Koczera questioned the surface for the trails? Mr. Ussery reported they anticipated using stone dust in the future but presently the surface is just leaves.
Mr. Ussery reported he could provide the Commission with a site visit; several of the Commissioners expressed an interest in seeing at least part of the proposal.
NEW APPLICATIONS TO BE RECEIVED/1. IWWA 10-2010 – East Windsor Cemetery Association – Regulated activity associated with the installation of Driveway
to Access Cemetery. This property is located to the North side of Cemetery Road nearest intersection being Scantic Road. Assessor’s Map #36, Block #32, Lot #19. Total Parcel is 26.5 acres. (65 day application period ends December 10, 2010); AND, 2. IWWA 12-2010 – East Windsor Cemetery Association – Regulated activity associated with a one lot subdivision and construction of a single family home. This property is located on the North side of Cemetery Road nearest intersection being Scantic Road. Assessor’s Map #35, Block #32, Lot #19. Total Parcel is 26.5 acres. (65 day application period ends December 10, 2010):
Chairman Ceppetelli acknowledged the receipt of the captioned Applications. Appearing to discuss both Applications was Jay Ussery, of J. R. Russo & Associates, representing the Applicant.
LET THE RECORD Commissioner Osborn stepped down from service on both Applications.
Mr. Ussery reported the (East Windsor) Cemetery Association had previously purchased land adjacent to the north and east of the existing original cemetery (a/k/a the ancient burial ground). Under the first Application the Cemetery Association is looking to add another driveway for additional access to the existing cemetery, and to areas of future expansion. Presently access is provided by only one driveway; the present driveway provides only one-way access and doesn’t allow cars to pass each other. The new driveway would be designed to be 18’ wide, and installed at a 5% grade, which would not be as steep as the existing driveway. Approximately 4,500 square feet of wetlands disturbance would occur due to the construction of the new driveway; they will be replacing the existing pipe and
adding some fill. Mr. Ussery reported the watercourse to be crossed comes over from the Tyler property.
Mr. Ussery reported that under the second Application the Cemetery Association is proposing the creation of a 5 ½ acre lot, the sale of which could generate cash to fund the driveway sought under the first Application. No wetlands disturbance will occur due to the creation of the new lot. The North Central Health District has approved a septic system for the potential lot.
Mr. Ussery reported they are looking for acceptance of the Applications, and for a determination if the 4,500 square feet of wetlands disturbance requires a Public Hearing.
Commissioner Sawka requested an explanation of what the Cemetery Association is. Commissioner Osborn, retaining his position as a recused member but speaking as a member of the East Windsor Cemetery Association, offered a history of the organization. The East Windsor Cemetery Association was founded in 1919 because the town cemeteries were in such disrepair. They have been doing maintenance and burials for all town cemeteries – with the exception of St. Catherine’s Cemetery which is a private cemetery (although they do “do” the burials at St. Catherine’s but are not involved in the maintenance). The East Windsor Cemetery Association is governed by State Statutes and regulations and is one of the few entities in town which can purchase land on their own.
Commissioner Osborn reported that approximately 10 years ago 25+/- acres of land adjacent to the current cemetery came up for sale, and was purchased by the Cemetery Association for approximately $25,000 to $30,000 because the town couldn’t buy it.
Chairman Ceppetelli polled the Commissioners if they felt 4,500 square feet of disturbance was a significant disturbance which would require a Public Hearing for public input? Commissioner Sawka felt the proposal was for a single building lot within the Cemetery Association’s land; he didn’t see a reason for a Public Hearing. Commissioner Roloff agreed. Commissioner Koczera questioned if work downstream from the Tyler property could cause a backup for the Tylers? Mr. Ussery reported the Tyler property is 50’ to 60’ higher than the driveway; if the pipe were to clog up it would go over the driveway and then continue downstream. Commissioner Baker saw the proposal as maintenance of an existing pipe. Mr. Ussery clarified that there is no pipe under the
existing driveway. Commissioner Baker felt the proposal was an improvement which wouldn’t cause issues for anyone; he didn’t feel a Public Hearing was needed. Commissioner Savaria felt the impacts to the wetlands didn’t warrant a Public Hearing. Commissioner Koczera indicated he felt the proposals should come through as a Public Hearing.
Chairman Ceppetelli suggested a Public Hearing offers people to come in and comment on proposals. He queried if any of the Commissioners were opposed to a Public Hearing? Commissioner Baker suggested he wasn’t opposed to a Public Hearing but he didn’t feel there was a lot of impact and a Public Hearing slows down the process unnecessarily. Commissioners Savaria, Roloff, and Sawka didn’t feel a Public Hearing was necessary; Commissioner Koczera continued his preference for a Public Hearing. The consensus of the majority of the Commission was to NOT hold the Public Hearing.
Commissioner Koczera questioned how would adjacent landowners comment if a Public Hearing were not held? Chairman Ceppetelli suggested they could refer their comments to Staff.
Commissioner Savaria noted he would be looking for comments from Town Engineer Norton regarding the sizing of the pipes, etc.
Chairman Ceppetelli questioned if the intent was to sell the lot soon; his concern would be that the permits are issued for a 5 year timeframe and if the intent was not to sell the lot within that time the proposal would be wasting the Cemetery Association’s time and money. Mr. Ussery replied negatively, suggesting he felt the intent was to have a saleable lot at some future time.
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MOTION: To ACCEPT/RECEIVE the following Applications: 1. IWWA 10-2010 – East Windsor Cemetery Association – Regulated activity associated with the installation of Driveway to Access Cemetery. This property is located to the North side of Cemetery Road nearest intersection being Scantic Road. Assessor’s Map #36, Block #32, Lot #19. Total Parcel is 26.5 acres; AND, 2. IWWA 12-2010 – East Windsor Cemetery Association – Regulated activity associated with a one lot subdivision and construction of a single family home. This property is located on the North side of Cemetery Road nearest intersection being Scantic Road. Assessor’s Map #35, Block #32, Lot #19. Total Parcel is
26.5 acres.
Savaria moved/Baker seconded/VOTE: In Favor: Unanimous
PERMIT EXTENSION/1. IWWA Permit #1305 – The Village at Coleman Farms – Active Adult Community-Requests a 1 year extension to November 7, 2011:
Appearing to discuss this request was Sebastian Testa, Project Manager for Coleman Farms, LLC. Mr. Testa reported he is seeking permission for the final extension on this Wetlands Permit, which would then expire in 2011. All infrastructure is in place although the top coat for the road remains to be installed; all the ponds and drainage are in place. Six units remain to be built; the 2 model homes remain to be sold. Mr. Testa reported they have just signed a contract on one unit.
Chairman Ceppetelli queried Wetlands Agent Newton on the status of the project. Wetlands Agent Newton reported she hasn’t actually had much involvement, other than inclusion in a site walk for the Planning and Zoning Commission last year when they were considering an extension of their permit. Wetlands Agent Newton reported she is not adverse to an extension. There were issues a couple of years ago which were raised during the Planning and Zoning extension but an agreement has been signed between the homeowners association and the developer regarding completion but there are NO wetlands issues. Mr. Testa reported they have promised completion of the clubhouse by Christmas.
Commissioner Koczera questioned if everything is done why ask for an extension? Mr. Testa reported the foundations for the remaining units have not been poured. Wetlands Agent Newton suggested that if the units were not completed by next year Mr. Testa would come in with an application for just the remaining units to be built within the wetlands; it would be treated as a new application.
MOTION: To EXTEND PERMIT #1305 The Village at Coleman Farms – Active Adult Community- for 1 year through November 7, 2011.
Savaria moved/Baker seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/1. Regulations:
Wetlands Agent Newton reported she will work up some discussion questions regarding Conservation Easement language for the next meeting.
AGENT DECISIONS/1. IWWA #11-2010 - Allied Community Services-Overflow Parking Area – 6 Craftsman Road:
Wetlands Agent Newton reported this work is for a gravel overflow parking area to be constructed completed within the upland review area. Drainage will be put in the swale and directed to an existing detention basin. There is NO impact to the wetlands.
STATUS REPORTS: None.
CONFERENCES/SEMINARS/TRAINING: None.
CORRESPONDENCE: None.
GENERAL BOARD DISCUSSION:
· Chairman Ceppetelli reported he saw 2 – 3 State trucks dumping gravel and top soil in a regulated area near The Mansions on North Road. Wetlands Agent Newton reported they have terrace escarpment slopes in that area in which the bank has been cutting back; they are trying to stabilize the area. The State is exempt from the need to submit applications.
Chairman Ceppetelli reported he has also seen the dumping of grass clippings on the same side of the road near the terrace escarpment slopes. He felt that area was subject to a Conservation Easement. Wetlands Agent Newton indicated she will review the area.
· Commissioner Baker reported he participated in a “Source to the Sea” project along North Water Street sponsored by the Scantic River Watershed Association and the Enfield Conservation Commission. Wetlands Agent Newton reported there is a position open on the East Windsor Conservation Commission; they are anticipating sponsoring an Earth Day. She suggested Commissioner Baker might want to become involved. Commissioner Baker suggested he had planned to attend one of the Conservation Commission meetings to discuss a similar event for East Windsor.
EXECUTIVE SESSION/1. Pending Litigation:
MOTION: To GO INTO EXECUTIVE SESSION at 7:55 p.m. Attending were: Chairman Ceppetelli, Commissioners Koczera, Osborn, Savaria, Sawka, Baker and Roloff, Wetlands Agent Newton, and Recording Secretary Hoffman.
Savaria moved/Roloff seconded/VOTE: In Favor: Unanimous
MOTION: To COME OUT OF EXECUTIVE SESSION at 8:10 p.m.
Osborn moved/Savaria seconded/VOTE In Favor: Unanimous
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:10 p.m.
Osborn moved/Roloff seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Inland Wetlands and Watercourse Commission
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