TOWN OF EAST WINDSOR
INLAND WETLANDS WATERCOURSE AGENCY
Regular Meeting – December 1, 2010
******Draft Document – Subject to Commission Approval*****
CALL TO ORDER: Chairman Ceppetelli called the Meeting to order at 7:02 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, Richard Osborn, Ronald Savaria, Robert Slate, and Alternate Members Alan Baker, and Kathryn Roloff.
Unable to Attend: Regular Members John Malin, and Michael Sawka, and Alternate Member Ronald Hocutt
Guests: Dick Pippin, Selectman’s Liaison to the Inland Wetlands Commission, and Kathy Pippin, Board of Finance.
Chairman Ceppetelli noted the establishment of a quorum with five Regular Members and two Alternate Members; all Regular members 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 under NEW APPLICATIONS TO BE RECEIVED/1. Town of East Windsor – 28 Abbe Road – Application for the construction of an ice skating pond and hiking trails in a regulated area. This property is located on the south side of Abbe Road nearest intersection being South Main Street. Assessor’s Map #39, Block #23, Lot #8. Total parcel is 37 acres.
Osborn moved/Slate seconded/VOTE: In Favor: Unanimous
APPROVAL OF MINTUES – November 3, 2010:
MOTION: To APPROVE the Minutes of Regular Meeting dated November with the following amendments:
Page 4, Line #147, NEW BUSINESS/1. IWWA 10-2010 – East Windsor Cemetery Association – Regulated Activity associated with the installation of Driveway to Access Cemetery: “Askew (of NCCD) had suggested installation of a series of silt fence FENCES……..”
Page 6, Line #260, NEW BUSINESS/2. IWWA #12-2010 – East Windsor Cemetery Association – Regulated activity associated with a one lot subdivision and construction of a single family home: “concurred, noting the Commission consistently hears some activity has occurred because the homeowners haven’t known of an area of concern NOTING THE COMMISSION CONSISTENTLY HEARS OF ACTIVITY THAT HAS OCCURRED WHEN THE HOMEOWNER DIDN’T KNOW THAT THE ACTIVITY WAS IN AN AREA OF CONCERN.”
Page 9, Line 378, NEW BUSINESS/3. As of Right Application – Newberry Road Enterprises – Clear land for expansion of crop land (corn) – 68 Newberry Road – rear lot: “……wood? Mr. Dearborn indicted he IT was turned into mulch.”
Page 11, Line 471, SAME APPLICATION: “was THAT the activity occurred…..”
Page 12, Line 500, SAME APPLICATION: “concurred, noted NOTING he felt a full Application was necessary.”
Page 12, Line 531, APPLICATIONS TO BE RECEIVED/1. Gerald Wilcox – Lots #5 Winkler Road – Regulated Activity – Construction of a Single Family Home within the 150’ Upland Review Area: “…..the Commission had accepted this AN……”
Page 14, Line 588, SAME APPLICATION: “……and the lot occupied by Beebe Landscaping have HAS a Conservation Easement as……”
Osborn moved/Savaria seconded/VOTE: In Favor: Unanimous
NEW PUBLIC HERING (on Inland Wetlands Applications): None.
NEW BUSINESS: None.
ELECTION OF OFFICERS:
Chairman Ceppetelli queried the Commissioner regarding anyone’s desire to serve in the position of Chairman (presently occupied by Commissioner Ceppetelli), Vice Chairman (presently occupied by Commissioner Osborn), or Secretary (presently occupied by Commissioner Malin). Commissioner Savaria noted Commissioner Malin has been unable to attend several Meetings; perhaps someone else should serve as Secretary. After some discussion of the duties of position, Commissioner Savaria agreed to serve as Secretary.
MOTION: To NOMINATE Ronald Savaria as Secretary.
Baker moved/Roloff seconded/VOTE: In Favor: Unanimous
No one else expressed an interest in serving as an officer.
MOTION: To NOMINATE the existing Chairman, Michael Ceppetelli, and the existing, Vice Chairman, Ronald Osborn, as Vice Chairman,
Savaria moved/Roloff seconded/VOTE: In Favor: Unanimous
APPROVAL OF 2011 MEETING SCHEDULE:
MOTION: To APPROVE the 2011 Meeting Schedule for the Inland Wetlands Commission as presented.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
NEW APPLICATIONS TO BE RECEIVED:
Chairman Ceppetelli noted the Agenda Addition of the Receipt of Application for the Town of East Windsor at 28 Abbe Road.
Appearing to discuss this Application were Jay Ussery, of J. R. Russo & Associates, LLC., and Selectman John Burnham, member of the Scout Hall Building Committee.
Mr. Ussery reported the proposed Application is to create a skating pond and wetlands crossings at Town property at 28 Abbe Road. Mr. Ussery submitted photos of the wetlands crossings and pond area in lieu of topographic information. Mr. Ussery described the submitted photos as follows:
Location 1: 2 pipes located within a ditch which has become an intermittent watercourse. Mr. Ussery reported the intention is to place a “walkway” to continue the trail.
Location 2: is a Red Maple swamp which stays dry most of the time; crossings would be elevated boards attached to posts.
Location 3: is located to the east, and is a very narrow crossing of the watercourse adjacent to the property to the east; this would also be an elevated walkway.
Location 4: is the longest crossing, there are some spots of actual watercourse and then wooded wetlands. This would also be an elevated walkway approximately 150’ long comprised of 2 areas of channelized watercourse.
Location 5: ????????
Location 6: is a wooded area adjacent to the pond which is also a Red Maple swamp with an intermittent watercourse; the intention is to place the “control structure” in this area to back up the water into the woods.
Location 7: is the location of the “control structure” shown on the map; this is a channelized area in which the elevation comes up quickly.
Location 8: location of the upstream end of the wooded wetland looking into the wooded wetlands adjacent to the pond.
Mr. Ussery indicated the wetland disturbance would be fairly minimal; there would be some disturbance with the placement of the 40’ long “control structure” and some disturbance adjacent to the wetlands where the pond will be created. Mr. Ussery suggested the amount of wetlands disturbance would be approximately .08 acre.
Mr. Ussery suggested the pond which would be created would be approximately 3/4 of an acre, or .70 acre. He estimated approximately 6,000 cubic yards of material would be coming out of the area where the pond will be created. Mr. Ussery indicated the depth of the pond is still under discussion, but it’s anticipated at this time to be 10’ to 11’, while the depth in the wooded area would be less than 2’. The intention of the pond is a small fishing pond for the scouts. The pond will be created to the east of the soccer fields; parking for the soccer fields will be used for the pond area. The parking area is approximately 300’ to the newly created pond.
Commissioner Osborn questioned if a pond with a 10’ depth was anticipated in the beginning? Selectman Burnham replied negatively, noting the original idea was for a 3’ depth. Mr. Ussery suggested the original concept was to put the pond totally in the wetlands but they would have had to grade the area. Soil Scientist Michael Gragnolati wanted them to stay out of the wetlands and to build the pond in the upland area instead. Mr. Ussery suggested the wetlands holds water and backs up with water. Mr. Ussery submitted Mr. Gragnolati’s “report” regarding the function of the wetlands. The report gives you an idea of what happens naturally during the Fall and Spring.
Commissioner Osborn suggested this property has changed a lot in his lifetime. It was heavily treed and was a marsh at one time. The wetlands have become greater over time because more water is draining into the area. Commissioner Osborn suggested at first he thought the intention was for a small pond to skate; now the Application is getting to be another Town park like the Reservoir Park. Now you are getting into the cost for the Town to maintain this pond. Selectman Burnham suggested there would be no cost to the Town for this facility unless Scout Hall folds. Commissioner Osborn suggested he wasn’t opposed to the proposal but questioned if the Town needs another skating pond; there is already the Broad Brook Pond and the Reservoir. Selectman Burnham suggested that
originally the concept was to scoop some material away and let the area back up so the kids could have a blast, however, it became a problem building the pond in the wetlands.
Mr. Ussery suggested the original thought was to put the pond in the wetlands; in reading the regulations and the State Statutes they felt it would be allowable As-Of-Right because it’s recreational. However, Soil Scientist Michael Gragnolati didn’t think it was allowable As-Of-Right; Wetlands Agent Newton didn’t think it was allowable As-Of-Right either. Therefore the proposal would have required a Permit through the Army Corp of Engineers; as an alternative they decided to build the pond in the upland area.
Commissioner Osborn questioned if it would be used? Selectman Burnham indicated he was happy with the 5’ pond but he is one of a committee, the other committee members were excited about the fishing, etc. Commissioner Osborn questioned who uses the property now? Selectman Burnham suggested the soccer people, and the kids at the Birth to School (Day Care facility). There will be water for frogs and snakes.
Commissioner Savaria questioned what kind of groups use the facility? Selectman Burnham suggested it is used heavily by the scout groups; he suggested many scout camps are closing – perhaps due to mismanagement. Selectman Burnham indicated they are seeing more use of the Scout Hall facility all the time.
Commissioner Roloff cited concern with liability issues. Selectman Burnham suggested this would be covered under the Town’s liability coverage.
Commissioner Baker indicated he viewed this as a different cite/location. He questioned that now that the pond is being created do they still need the “control structure” to impound the water? Selectman Burnham suggested if he had to choose between the two he would take the “control structure”.
Chairman Ceppetelli questioned how the calculations for the “control structure” were derived? Mr. Ussery suggested they looked at the width of the existing watercourse. Chairman Ceppetelli suggested the existing watercourse wouldn’t get to the height proposed for this pond; he questioned where the water goes as he felt the proposal would impact where the water would drain. Chairman Ceppetelli questioned the amount of water in gallons being impacted? Commissioner Osborn felt the water spreads out as it flows off site. Selectman Burnham suggested the water flows south to Henry’s trailer park and then crosses Route 5 behind Balch’s. Chairman Ceppetelli felt it would be difficult to get the boards out of the “control structure” as they would swell
and create pressure behind them. Mr. Ussery suggested the amount of water would be 556,000+/- gallons within 2 acres. He compared the amount of water to 22 back yard swimming pools.
Commissioner Savaria suggested he didn’t see any erosion controls proposed. Mr. Ussery felt there would probably be as much flow during the Spring run-off as when the boards will be pulled out.
Commissioner Koczera didn’t feel the proposal was a big deal; he felt it was a great idea for a camping site. He is all for it.
Chairman Ceppetelli questioned if there was a proposed schedule for lowering and filling the pond? Mr. Ussery suggested it needs to be drained every Spring; the boards will be put in in July and pulled out in the Spring.
Commissioner Osborn questioned the location of the wetlands, as concern for the wetlands is the Commission’s job. What is going to go on in the wetlands? Selectman Burnham indicated there will be skating through the trees; the pond will connect to the wetlands. Mr. Ussery suggested they will be backing water up to elevation 61.5, which will be backing up into the wetlands; there will be a pond of water in the trees in the Winter. Commissioner Osborn questioned if that activity would harm the wetlands? Mr. Ussery replied “no”.
Commissioner Savaria questioned where the water would come from to fill the pond? Selectman Burnham suggested that typically the water is 18” down all Summer long. Commissioner Savaria questioned that they were not draining the water from the wetlands? Selectman Burnham replied "no”. Mr. Ussery indicated the groundwater table in that area is high; he cited there is water in the pond at the paddock across the street all the time.
Chairman Ceppetelli questioned how many cement pipes would be used in the wetlands crossings? Mr. Ussery replied only in one crossing; the water will go between the pipes and they will put planks over them for the kids to walk over. The other crossings will be boards.
Selectman Burnham noted the material coming from the pond will be put on the trails in the uplands area of Scout Hall, which is okey dokey. Commissioner Savaria questioned that the material would be placed only in the upland areas? Selectman Burnham replied “yes”.
Chairman Ceppetelli requested the following for the next meeting:
- Schedule for raising and lowering the water level in the pond
- Calculations for the water level at its maximum height
Commissioner Osborn questioned the distance of the closest building to this proposal? Mr. Ussery suggested Henry’s is 2,000’.
Commissioner Baker felt that previously Mrs. Masters had said there would be wetlands plantings but he didn’t see them listed on the plans. Selectman Burnham felt they will be there by themselves. Mr. Ussery suggested if they added wetlands plantings it would limit the access for the kids.
MOTION: To ACKNOWLEDGE RECEIPT of Application for 1. Town of East Windsor – 28 Abbe Road – Application for the construction of an ice skating pond
and hiking trails in a regulated area. This property is located on the south side of Abbe Road nearest intersection being South Main Street. Assessor’s Map #39, Block #23, Lot #8. Total parcel is 37 acres.
Savaria moved/Osborn seconded/VOTE: In Favor: Unanimous
MISCELLANEOUS/1. Regulation Updates:
Wetlands Agent Newton advised the Commission of the following Regulation updates:
Page 10 – revised language regarding vernal pools
Page 11 and Page 15 – revised language specific to Public Act regarding Permits for period 7/2006 – 7/2009 – time period has been extended for one more year
Page 13 – added language requiring abutters to be advised of a scheduled Public Hearing
The Commissioners concurred with the proposed changes; a Public Hearing for the Regulation Changes was set for January 5, 2011.
MOTION: To SET A PUBLIC HEARING FOR WEDNESDAY, JANUARY 5, 2011 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. for proposed changes to the Inland Wetlands Regulations.
Savaria moved/Slate seconded/VOTE: In Favor: Unanimous
The Commission also reviewed proposed language for an Inland Wetland and Watercourses Conservation Easement and Restriction document.
Commissioner Baker requested Section I – PROHIBITIONS also include a prohibition for parking of vehicles in Conservation Easement areas. The Commission concurred.
Commissioner Baker also suggested that many areas in the State which have gun clubs, etc., are banning the use of lead shots when hunting waterfowl. Wetlands Agent Newton felt there would be little or no negative impact to wetlands with a lot of standing water, and such a prohibition would ban someone from hunting at all in these areas. Discussion followed regarding various types of ammunitions, including new types which have the potential to eliminate the problem. Wetlands Agent Newton felt enforcement would be a problem. Commissioner Baker indicated his suggestion was made from an awareness perspective.
The Commission had no other suggestions regarding revisions. This document requires Commission approval, rather than acceptance via a Public Hearing.
AGENT DECISIONS: None.
STATUS REPORTS: None.
CONFERENCES/SEMINARS/TRAINING:
- Wetlands Agent Newton reported a seminar is being offered March 12th by the Connecticut Bar Association. The cost of the all-day seminar is $45.
- Commissioner Koczera indicated a seminar was recently held in Windsor regarding qualifications for acceptance of wetlands under Public Act 490. Wetlands Agent Newton reported she has booklets of the presentation available in the office.
CORRESPONDENCE:
- Mr. Dearborn was present in the audience; he thought he was to appear before the Commission to show them a map of what he intended to do at the rear of 68 Newberry Road. Chairman Ceppetelli requested that he submit the map as a formal application.
- Regarding the removal, or lack thereof, of millings at the Route 5 property (near Henry’s Pizzeria), Wetlands Agent Newton reported she has issued a Citation on the Zoning side and a Violation on the Inland Wetlands side. She reported she also had a discussion with a partial owner of the millings; there is some dispute with Mr. Balch regarding removal of the remaining millings.
GENERAL BOARD DISCUSSION: None.
EXECUTIVE SESSION/1. Pending Litigation:
MOTION: To GO INTO EXECUTIVE SESSION AT 8:12 p.m. Attending the Executive Session were Chairman Ceppetelli, Commissioner Koczera, Commissioner Osborn, Commissioner Savaria, Commissioner Slate, Commissioner Baker, and Commissioner Roloff. Also attending were Wetlands Agent Newton and Recording Secretary Hoffman.
MOTION: To COME OUT OF EXECUTIVE SESSION at 8:20 p.m.
Savaria moved/Roloff seconded/VOTE: In Favor: Unanimous
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 8:20 p.m.
Slate moved/Roloff seconded/VOTE: In Favor: Unanimous
Respectfully submitted:
________________________________________________________________________
Peg Hoffman, Recording Secretary, Inland Wetlands and Watercourse Commission
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