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January 5, 2011 Minutes
TOWN OF EAST WINDSOR
INLAND WETLAND WATERCOURSE AGENCY

Regular Meeting
January 5, 2011

CALL TO ORDER:  Chairman Ceppetelli called the Meeting to order at 7:13 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

ESTABLISHMENT OF QUORUM:

Present:                Regular Members Michael Ceppetelli (Chairman), John Malin,                                      Richard Osborn, Michael Sawka, Ron Savaria, Robert Slate, and                                   Alternate Members Alan Baker, Ron       Hocutt, and Kathryn Roloff.

Unable to Attend:       Michael Koczera.
                .
Guests:         Selectman Pippin (the Board of Selectmen’s liaison to this                                              Commission), also Selectmen Burnham, and Hayes, and Kathy                                       Pippin, of the Board of Finance.

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 rotate as sitting members as required by each Item of Business.   

Also present was Wetlands Agent Newton, and Town Planner Whitten.

ADDED AGENDA ITEMS:

MOTION: To ACCEPT the following Agenda Additions:  AGENT DECISION/1.  01-2011 – Windsor Show Stables – 33 Abbe Road – Request for an agent decision to connect to the sanitary sewer located in the 150’ upland review.  This property is located on the north side of Abbe Road nearest intersection being South Main Street.  Assessor’s Map #34, Block #22, Lot #48; and MISCELLANEOUS/1.  Information received from Newberry Road Enterprises, LLC.

Savaria moved/ Slate seconded/VOTE:  In Favor:  Unanimous

APPROVAL OF MINUTES/December 1, 2010:

MOTION:  To APPROVE the Minutes of Regular Meeting dated December 1, 2010 with the following AMENDMENTS:
Page 1, APPROVAL OF MINUTES – November 3, 2010, Line 38:  Heading change:  

APPROVAL OF MINTUES  MINUTES,
Page 2, APPROVAL OF MINUTES  - November 3, 2010, MOTION TO APPROVE, Line 56:  “Mr. Dearborn indicted INDICATED………………..”
Page 2, APPROVAL OF MINUTES  - November 3, 2010, MOTION TO APPROVE, Line 60:  “Page 12, Line 531, APPLICATIONS TO BE RECEIVED/1.  Gerald Wilcox – Lots LOT #5…………….”
Page 2, NEW PUBLIC HEARING (on Inland Wetlands Applications), Line 69:  Heading change:  NEW PUBLIC HERING  HEARING…………………..”
Page 2, ELECTION OF OFFICERS, Line 75:  “Chairman Ceppetelli queried the Commissioner  COMMISSIONERS…………………..”
Page 2, MOTION, Line 89:  “MOTION:  To NOMINATE THE EXISTING Chairman, Michael Ceppetelli, AS CHAIRMAN, and the ……”
Page 2, Continuation of MOTION, Line 90:  “MOTION:  “…… existing,  EXISTING (no comma following the word existing), Vice Chairman, Ronald  RICHARD Osborn, as Vice Chairman……….”
Page 4, NEW APPLICATIONS TO BE RECEIVED: Receipt of Application for the Town of East Windsor at 28 Abbe Road:  Line 152, “gives you an idea of what happens ……….”
Page 5, NEW APPLICATIONS TO BE RECEIVED: Receipt of Application for the Town of East Windsor at 28 Abbe Road:  Line 188, “Commissioner Baker indicated he viewed this as a different cite/location SITE/location.”

Savaria moved/Osborn seconded/
VOTE:  In Favor:  Ceppetelli/Malin/Osborn/Savaria/Sawka/Slate/Baker/Roloff
           Opposed:  No one
           Abstained:  Hocutt

NEW PUBLIC HEARING/1.  Inland Wetland Watercourses Agency Regulation Update:

Chairman Ceppetelli announced discussion of the proposed revisions for the Inland Wetlands Watercourses Agency Regulations.  

LET THE RECORD  SHOW Alternate Commissioner Hocutt sat in on this Item of Business.

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, December 23, 2010 and Thursday, December 30, 2010  was read by Secretary Savaria:

The East Windsor Inland Wetland Watercourse Agency will hold a regular meeting starting at 7:00 p.m. on Wednesday, January 5, 2011 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut, with the following Public Hearing to be heard:

  • Adoption of Inland Wetland Regulations updates.
Copies of the proposed Regulation updates are on file in the Planning & Development Department and the Town Clerk’s Office.  All interested persons may appear and be heard.  Dated at East Windsor, CT this 20th day of December, 2010.

Chairman Ceppetelli opened discussion to the public:

Dick Pippin, 37 Woolam Road:  regarding the upland review area Selectman/Mr. Pippin hoped that whatever number you/(the Commission) chooses you can back it up with State standards and not an arbitrary number; you need something on the record from an expert that East Windsor needs it more than the other 168 towns do.

John Burnham, 178 Scantic Road:  Selectman/Mr. Burnham reported he isn’t prepared to speak to this proposal, because the legal notice appeared in the Journal Inquirer he didn’t see it.  For that reason he isn’t making any comments tonight.

Dick Pippin, 37 Woolam Road:  suggested the Commission must just make sure it isn’t an arbitrary number.  Chairman Ceppetelli noted there are many other towns that use the number referenced in this proposal.  Mr. Pippin thought that didn’t matter; if the Commission can’t substantiate it in court we will have a lot of trouble.

Commissioner Osborn clarified that East Windsor has had the 150’ review area for 20 years or more; that wording isn’t anything new.

Wetlands Agent Newton reported the proposed Regulation revisions have been made available to the public via the Town Clerk’s Office and the Planning Office.  The only parts being updated are all statutorily driven, and are the following:
  • Statements about the vernal pools and the statements from an expert to determine the impact
  • Notice to abutters, which is already done as part of the application process but is not specified in the Regulations; it’s now being added for clarification.
Wetlands Agent Newton reported there is an Appeal Period for the Regulation changes which begins after the Legal Notice is published in the paper; the date of adoption of the changes is after the Appeal Period ceases.

Commissioner Hocutt referenced the following language – “The site plan shall show any potential vernal pools on the affected portion of the proposed property…….” – he felt the term “potential” vernal pool seemed too broad.  Commissioner Hocutt felt further  language – “a buffer of 100 feet of non-disturbance shall be incorporated into the site plans when a vernal pool is identified.” – is much more specific regarding a vernal pool  vs. a potential vernal pool.  He would like to see a better definition of “potential”.  

Wetlands Agent Newton suggested if the whole paragraph is considered it makes sense.  She offered to take out the word “potential” but noted there are times of the year when it’s difficult to identify a vernal pool.  If the site were visited in the Fall they could identify a potential vernal pool based on leaf litter, etc. but a definite identification couldn’t be made until the Spring when the egg masses are evident.  The reason for the wording is to protect those areas showing potential to be a vernal pool.  

Commissioner Savaria questioned where the 100’ (buffer) comes from?  Wetlands Agent Newton clarified the Regulations actually specify a 150’ distance; this revision says that distance can be adjusted when considering impact for vernal pools.  This Regulation revision references how it will be shown on the plans; it doesn’t change how the Commission reviews the application.

Chairman Ceppetelli queried the audience again.

John Burnham, 178 Scantic Road:  felt this proposal puts the responsibility on the soil scientist when they come in with the application.  Wetlands Agent Newton suggested if you are coming before the Wetlands Board there is a need to hire a soil scientist.  Selectman/Mr. Burnham questioned that if a person has 10 acres with 1 acre of wetlands and he wants to put the house on the high ground he needs to hire a soil scientist?  Wetlands Agent Newton replied negatively, noting the soil scientist would be necessary if the house were proposed to be built in the wetlands.

Laurie Whitten, Town Planner:  felt it’s important to have Regulations that address vernal pools.  The viability of the vernal pool is based on the egg masses in the Spring; she felt the Regulations should reference a “potential” vernal pool.

Wetlands Agent Newton felt the confusion was due to focusing on bullet “n” specifically; Subsection 1 CLARIFIES that if you identify a vernal pool the Commission wants to see a 100’ buffer, which may or may not be revised during the review process.  She queried if Commissioner Hocutt would like to see the word “potential” added to Subsection 1?  Commissioner Hocutt felt to add the word “potential” to Subsection tips the scale; you would have a lot of area that may or may not be a vernal pool.  Commissioner Hocutt felt  if Subsection 1 is to be taken into consideration after a vernal pool is substantiated then it’s ok as written.

MOTION: To CLOSE the Public Hearing on the Application of the Inland Wetlands Watercourses Agency Regulation Update at 7: 34 p.m.

Savaria moved/Osborn seconded/
VOTE:   In Favor:  Ceppetelli/Malin/Osborn/Savaria/Sawka/Slate/Hocutt

MOTION: To ADOPT the Regulation Update (for the Inland Wetlands Watercourses Agency) as proposed.

Savaria moved/Osborn seconded/
VOTE:   In Favor:  Ceppetelli/Malin/Osborn/Savaria/Sawka/Slate/Hocutt

NEW BUSINESS/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.  (The 65 day application period ends February 4, 2011):

Chairman Ceppetelli read the description of this Item of Business.  Appearing to present the Application was Dana Steel, P.E., of J. R. Russo & Associates, LLC, and Selectman John Burnham, member of the Scout Hall Building Committee.

LET THE RECORD SHOW Commissioner Roloff sat in on this Item of Business.

Mr. Steel reported they are present to discuss an Application for a skating pond on property of the Town of East Windsor which is associated with Scout Hall.  Mr. Steel indicated he was here this evening to fill in for Mr. Ussery who was not available this evening; Mr. Steel is here to respond to questions asked of Mr. Ussery during the previous Meeting.  

Mr. Steel reported the property fronts on Abbe Road with Scout Hall in the front; there are ballfields to the rear which the Town uses.  There is a tree line to the east which is the beginning point of the activity being reviewed.  There is a body of wetlands in which the Applicant is proposing to construct a wooden flood control weir which would allow water to pond; the area would freeze in the Winter months to provide recreational activities.  The weir can be removed in the Spring to restore the area to its previous condition.  Mr. Steel understood the Commission raised the following questions during the previous Meeting:
  • How much water will be contained?
  • What happens when the timbers/weir are removed?
Mr. Steel noted Town Engineer Norton has submitted a memo requesting submission of the drainage calculations.  Mr. Steel indicated he has spoken with Town Engineer Norton but the calculations were just provided for him this evening; he has not yet had time to review them.

Mr. Steel indicated the timber barrier would contain 6” of water at its deepest depth; water would then taper to a level condition.  Chairman Ceppetelli requested clarification of the 6” depth.  Mr. Steel indicated this is a proposal for a skating pond which is outside of “this”; the control structure would allow water to back up only to a 6” depth for a volume of 20,000 cubic feet of water.  Mr. Steel suggested the real issue is how fast it leaves when the timbers are removed.  They have modified the structure to mirror the existing conditions so it will no longer have restrictions.  You have 2 timbers, you remove one timber and allow it to drain, then remove the second timber.  The volume of discharge is 10 cf/second based on a 20’ wide span, which has been widened to match the existing geometry.

Wetlands Agent Newton questioned if Mr. Steel was discussing revised plans?  Mr. Steel then submitted copies of revised plans to the Commission and Wetlands Agent Newton for review.  Mr. Steel referenced Sheet 1 of the Site Plan, noting the pond is to the north of the wetlands and the outlet structure is to the south; when the timbers are removed regardless of the volume it can leave at 10 cf/second.  Mr. Steel noted Town Engineer Norton had asked for a watershed analysis; the flow rate for a 2 year storm is under 13 cf/second.  When the timbers are removed the result will be less flow than a 2 year storm.  Mr. Steel felt that’s reasonable and it won’t present a hazard or problem; it’s a frequent storm event and it will be handled by the downstream channel.

Chairman Ceppetelli requested clarification again that this skating pond would be 6” at the deepest point?  Selectman Burnham indicated it might be 18”.  Commissioner Savaria noted the plans say the elevation of the timbers is 61.5.  Chairman Ceppetelli suggested that at 6” there will be leaves, etc. in the water; he questioned the ability to skate on the area?  Commissioner Osborn suggested he used to skate on bogs when he was a kid.  Mr. Steel suggested it wouldn’t be the same character as a skating pond.  Selectman Burnham suggested Chairman Ceppetelli had requested the amount of flow at the previous meeting; Chairman Ceppetelli indicated he was happy with that information as provided.  Selectman Burnham agreed they would need 18” on the dam structure to make it work.  Selectman Burnham suggested he wanted to go to plan A; he had no intention of putting in only one timber and now, when looking at it……………  Mr. Steel suggested if they were taking out only one timber the comments would be right.    He suggested the question is how will it be contained; he suggested they will have to berm it up more.  

Mr. Steel recalled there had been questions regarding access to the site.  They have added silt fence and riprap downstream of the structure.   Mr. Steel indicated they have added additional notes at the request of Town Engineer Norton.  Regarding the material to be removed from the pond it must be removed from the site and will be used for the walking trails in the uplands area.  

Chairman Ceppetelli noted the Commission requested a schedule be attached to the plans indicating when the timbers are being put in and removed.  Selectman Burnham suggested that during the Summer the area is dry; in the Fall it’s an intermittent stream so the timbers would go in in the Fall.  Commissioner Osborn suggested the timbers must be put in early enough to dam the area up to freeze.  Chairman Ceppetelli suggested the Applicant’s soil scientist could assist with the appropriate dates.  Selectman Burnham suggested the timbers would be installed by November 1st and removed by April 15th; Commissioner Osborn suggested installation by October 30th.  Chairman Ceppetelli suggested the dates should be shown on the plans.

Commissioner Malin questioned what the biological affect would be on the wetlands when oxygen was cut off for 3 months?  He noted a couple of years back DEP suggested draining the Windsorville Pond during the Winter to kill weeds.  Wetlands Agent Newton read an excerpt from Mike Gragnolati’s memo presented at the previous Meeting, noting there will not be a functional impact on the wetlands.  She also referenced a photo submitted by the Applicant’s representative at the previous Meeting which showed this area is prone to flooding; she suggested what they are proposing won’t change anything.  Commissioner Savaria questioned if this would go to the frost line?  Selectman Burnham referenced a note regarding”frostline protection required.”  Selectman Burnham suggested the most expensive item would be the re-bars, at an estimated cost of $1200; he indicated the area would look like a sidewalk because they would have dirt on each side.  

Wetlands Agent Newton questioned if Selectman Burnham knew where he planned to deposit the fill from the pond in the uplands review area and the trails; she noted that some of the trails are located in the wetlands.  Selectman Burnham indicated he was looking for Wetlands Agent Newton to advise him of the proper locations.

Mr. Steel reported he would submit revised plans to the Planning Office tomorrow (January 6th).  Chairman Ceppetelli noted the Commission was also looking for details of the wetlands crossings.  Mr. Steel referenced the skating pond plan, noting detains of the crossings have been shown on that sheet.  

Commissioner Osborn questioned if it would work if they bermed the area of the pond with the soil taken from the pond?  Then you would have an earthen berm rather than 80’ of concrete.  Mr. Steel felt that during the larger storm events it would overtop the berm.  Selectman Burnham indicated he was happy with that; he suggested going with the 80’ and if they can do it with 40’ he would be happy with that and saving the additional money.

Commissioner Baker suggested the Applicant was potentially creating vernal pools; he questioned when the species move through that area?  Wetlands Agent Newton referenced specific criteria for identifying vernal pools; she felt the potential for creating vernal pools in that area wasn’t there.

Wetlands Agent Newton noted Staff had not had the opportunity to review the  revised plans.

MOTION: To CONTINUE the Application of the 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.  Application review continued until the Commission’s next regularly scheduled Meeting on February 2, 2011 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

Sawka moved/Osborn seconded/
VOTE:   In Favor:  Ceppetelli/Malin/Osborn/Savaria/Sawka/Slate/Roloff

MOTION: To TAKE A FIVE MINUTE BREAK.

Osborn moved/Savaria seconded/VOTE:  In Favor:  Unanimous

The Commission RECESSED at 8:05 p.m.

MOTION: To RECONVENE this Meeting at 8:15 p.m.

Osborn moved/Savaria seconded/VOTE:  In Favor:  Unanimous

NEW APPLICATIONS TO BE RECEIVED:        None.

MISCELLANEOUS/1.  Information received from Newberry Road Enterprises, LLC.

LET THE RECORD SHOW Commissioner Baker sat in on this discussion.

Wetlands Agent Newton reported representatives for Newberry Road Enterprises, LLC has submitted a Letter of Transmittal and have provided As-Built Plans from October 14, 2010 prepared by Rachel Dearborn of Landmark Surveyors, and a memo from East Windsor Town Engineer Norton dated January 5, 2011.

Appearing to engage in this discussion were Attorney Janet Brooks, and Rachael Dearborn of Landmark Surveyors – both representing Newberry Road Enterprises, LLC.

Chairman Ceppetelli clarified that this is a discussion item, and is not a formal Application; no Application has been received in the Planning Office.  

Attorney Brooks reported she has been working with Steve Dearborn regarding outstanding Correction Orders.  They asked to be put on the Agenda this evening under Old Business to update the Commission where Steve Dearborn is with regard to compliance on those Correction Orders, and to seek feedback from the Commission.  Attorney Brooks indicated she is just “emcing” the discussion.  Attorney Brooks suggested Town Engineer Norton’s memo of December 31, 2010 should also be included in the discussion documents.

Wetlands Agent Newton reported that last week a request was made to Town Engineer Norton, rather than through the Town Attorney, requesting information.  That information did not include all the information that has been going on between the Planning Department and Steve Dearborn.  That December 31st memo has been rescinded; Town Engineer Norton’s memo (of January 5th) is before you for this discussion.

Chairman Ceppetelli requested clarification that they were present to update the Commission as to what’s been done at this site?  Attorney Brooks suggested Rachel Dearborn will give the Commission specifics as to what’s been done.  Chairman Ceppetelli questioned if Town Staff had been out to the site?  Attorney Brooks replied affirmatively, noting Town Planner Whitten and Wetlands Agent Newton had been out in October (2010).
 
Attorney Brooks suggested there are many layers to this situation – wetlands, zoning, Army Corp of Engineers (ACOE) – and the one before the Commission is the wetlands components.  They are asking if the paragraph regarding the wetlands have been complied with to your/(the Commission’s) satisfaction.  Attorney Brooks referenced, and read excerpts, from the following correction orders:  1)  Wetlands Violation – Lower 120’ of farm road, and 2) Filling of Wetland Area and Upland Review Area immediately north of the farm pond.  Attorney Brooks indicated that in working in the month of December with Steve Dearborn’s team she realized she needed to go to Town Engineer Norton, and Rachel Dearborn went to him the week before Christmas.  Attorney Brooks indicated they have been working with other agencies which are outside the scope of this Board but they have been keeping the other agencies informed.

Rachel Dearborn reported the packet submitted included an As-Built Plan and information, she sent an e-mail to Town Engineer Norton asking him to comment on the site.  There is a letter from Attorney Brooks dated December 28th referencing the status of their obligations regarding the farm pond, and they had a site inspection on October 13th; they have submitted photos from the site visit.  Wetlands Agent Newton and Town Planner Whitten were present; the lower 100’ of the road had been removed and the spoils from the pond had been removed.  When they came in for approval of the pond it was to be larger, and fill was piled up in an area north of the pond.  When they removed the material the top soil was taken off site; excess was taken off site and the top soil moved back.  George Logan confirmed that it was returned to the previous condition; and they have a memo from George Logan saying everything is done from 1” to 2” from original grade.   They are also working with the DEP (Department of Environmental Protection) and the Army Corp of Engineers (ACOE) who don’t want to expand the pond; we are asking the Commission for feedback.   Rachel Dearborn indicated that the Commission can see that the contours do show that they are NOT at the original grade; the tops soil was pushed back but they would like to leave the material there.

Chairman Ceppetelli requested clarification that Rachel Dearborn was saying that they haven’t really returned the area to the original contours?  Rachel Dearborn indicated that clearly the grades don’t match the contours that were there; the Correction Orders do require them to be returned (to their original level) but because of where the pond is we can’t return them to the original grade.

Rachel Dearborn advised the Commission the plantings were designed to go around the pond but they are proposing to bring the plantings back.  They can plant them as shown on the approved plan if the Commission wants them and could do it;  the Spring would be better to plant back “here”.

Rachel Dearborn referenced various documents as she continued her presentation.  She referenced a photo of the access drive looking down, noting there  is a ditch which allows it to drain but there is a pocket of water on abutting property but the abutter has done activity there.  Rachel Dearborn suggested the ditch does work; the area has been smoothed out.  She indicated the ACOE and EPA were at the at site visit on 11/19th.

Rachel Dearborn indicated the third photo shows 3’ of dirt removed

Rachel Dearborn indicated the last photo is the dirt/material trucked off site.   Rachel Dearborn indicated efforts have been made; they tried to get as close to the original grade as they could.

Chairman Ceppetelli suggested if they are not able to get to the original grade then they need to come back with an Application; this is circumventing the process.  Attorney Brooks reported that because removing material and regrading it did cause the pond to be expanded.  Chairman Ceppetelli suggested they return to the Commission with an Application for the modifications.  Attorney Brooks responded – “but we are in an Order mode”.

Wetlands Agent Newton indicated the Commission never said it didn’t want the pond expanded; she suggested Attorney Brooks doesn’t want to layer the issues but it’s another agency that doesn’t want the pond expanded.  Attorney Brooks suggested there were certain things that were required and those agencies allowed that and we are coming to you to ask if this satisfies the Correction Orders.  

Rachel Dearborn indicated they have been allowed to do this on the site by the ACOE; the Town hasn’t stopped us but they haven’t really given an ok.  She indicated Town Engineer Norton was present as well as Guy Hesketh when they did a site visit.  Rachel Dearborn suggested the ACOE was not concerned with the excess material as long as it functions as a wetlands.  

Wetlands Agent Newton reminded everything this issue is in litigation and she didn’t ok work being done.  There is an Appeal of these Orders; Wetlands Agent Newton suggested they should talk to your attorney.  Attorney Brooks responded that the Correction Orders are orders that are pending and in place and on the Land Records and there is no Temporary Injunction.  Wetlands Agent Newton noted that they talked about a Stay of Execution and that was why she told her to talk to her attorney.

Commissioner Savaria suggested he assumed this is still in litigation; should  the Commission be talking about this proposal?  Wetlands Agent Newton indicated that Steve Dearborn talked about an Appeal questioning the legality of these Orders.  We have a counter-claim going as well; the Commission can consider the request.

Rachel Dearborn indicated Town Engineer Norton’s first (12/30) memo indicated the ACOE was happy with the lower 100’ of material being removed.  Chairman Ceppetelli questioned why the ACOE is being referenced if Attorney Brooks said earlier the Commission isn’t to consider them?  Rachel Dearborn suggested they would like Correction Order to be considered to be complied with and you’re happy with them and for it no longer be a court issue and they can come in with new application.  Chairman Ceppetelli questioned that if you haven’t fulfilled the Commission’s request and you haven’t addressed the grades then you need to come in with a revision to the original application.  Attorney Brooks felt that would be a revision to the Order.  Chairman Ceppetelli indicated the Commission laid out what it wanted to be accomplished and if you want to do something different you need to come in with a new application.
Chairman Ceppetelli questioned  – did you fulfill the Order?  Attorney Brooks indicated we have done certain work and have an explanation of what will happen to the pond and is that what you want?  It will change the  pond; is that what you want?

Commissioner Savaria queried that apparently the ACOE doesn’t want a larger pond?  Wetlands Agent Newton suggested if you go back to the main issue we referenced on the site plan in the Correction Order what we wanted, and that hasn’t been done, so if you want to do something different then you need to file another application.  The Orders are ordering that he go back to the original site plan which was approved.  Attorney Brooks questioned what will, in the opinion of the agency, satisfy you?  Rachel Dearborn indicated they know there is excess material and are asking if that’s acceptable.  With regard to the plantings, we don’t think they should go in in the location on the original plan.  Attorney Brooks suggested  if you are saying we need to do a site plan modification regarding the vegetation improvements that’s fine.   Rachel Dearborn  referenced another document, noting this is what the ACOE wants, it does flow positively.  Rachel Dearborn suggested Guy Hesketh looked at it and documented that it isn’t draining on the neighbor’s property.   Wetlands Agent Newton replied – it isn’t draining on the neighbor’s property but it isn’t an approved swale.  Attorney Brooks suggested – but it isn’t part of this Order.  

Wetlands Agent Newton reported that George Logan’s response was written before the top soil was placed back so when he speaks of 6” to 8” of top soil -  in some areas there is over 18” went back in and she doesn’t see a revised letter from George Logan addressing  after the top soil was replaced and stating that he still feels it will still hydrologically function.  Rachel Dearborn indicated she doesn’t know how much top soil is there, she does know it’s more than you want, she doesn’t have a letter from George Logan.  

Chairman Ceppetelli suggested the Commission doesn’t have enough information; you need to confirm that the 6” to 8” is there.    Rachel Dearborn questioned  if George Logan goes out there and finds 6” – 8” of top soil will that be enough?

Town Planner Laurie Whitten noted that Town Staff went out the same day as George Logan and the ground was pushed down to place the soil level.  There was a mound of top soil which was said to be laid over there; George Logan sent a letter and they/Town Staff went on site.  They found that mound of top soil and she believed there were other truckloads of top soil brought in.  She didn’t feel there is any need to change the pond.

Steve Dearborn, owner of 68 Newberry Road, approached the conference table and joined Attorney Brooks.  He reported he is getting tired of this. Steve Dearborn indicated George Logan was there and they graded down to within 2” and spread it so thin that you can see the red clay underneath.  Town Planner Whitten suggested that based on the plan given to us ……Steve Dearborn indicated he and his family are embarrassed by the fiasco with his attorney.  Attorney Brooks tried to calm Steve Dearborn; Steve Dearborn wished to continue his commentary.  Regarding the Correction Orders Steve Dearborn reported the 120’ of road was before the Show Cause Hearing; his son took it out.  They had problems with the dozer, then tried to do it with a payloader.  Why do you think we appealed your decision?  Steve Dearborn suggested they are trying to get the job done; he never touched the road, he didn’t touch it, the road was out before the Show Cause Hearing; the dirt was removed to within 2” and hauled to another site.  Steve Dearborn indicated they are here to get you people to say we have done what we have been asked to do.  A lot of this legal bullshit was never true; there is nothing to correct any further; it’s up to you good people.  

Attorney Brooks suggested there is a lot of intensity and passion from Steve Dearborn, but we are seeking your feedback and satisfaction and get this behind us.

Rachel Dearborn referenced the memos and Correction Orders which she felt said they are to be in compliance with the approved site plan.  As they have indicated, the pond was built to the size on the site plan; she thinks they are saying that they can….

Chairman Ceppetelli thought that everyone is in agreement that what was done doesn’t match  with original site plan.  Rachel Dearborn indicated what is out there doesn’t meet the Correction Order; they are looking for guidance from you guys regarding the plantings and grading around the pond.  Chairman Ceppetelli questioned  – can you come before us with a revised site plan?  Commissioner Savaria indicated he  needs to digest all this information  Wetlands Agent Newton reiterated the Commission needs a confirmation from George Logan.    Rachel Dearborn suggested they  made an attempt to be in compliance; the As-Built shows there is excess material; George Logan said it was a wetlands; they have proof it was wetlands.   Wetlands Agent Newton reiterated that George Logan was out there prior to the soil being placed in the wetlands.   Rachel Dearborn questioned if they can we ask George Logan for comments, then can we leave that fill there?  Chairman Ceppetelli reiterated the Commission needs  George Logan’s comments and the Commission will consider them.  Rachel Dearborn questioned – in regard to the plantings……  Wetlands Agent Newton suggested if the plantings keep the hydrology there is no reason they won’t survive.  Are you questioning if you have to plant them now?  

Attorney Brooks suggested she would like to shorten the timeframe; is the original order what you want to do?   A change in the vegetation plan is a modification of the site plan.  Attorney Brooks suggested the Commission can be satisfied with whatever you are satisfied with; she felt an application will delay the process but if that’s how the Commission will be satisfied then……..  Commissioner Savaria reiterated he is not ready to say anything yet; he felt the Commission needs to speak to the attorney.  Wetlands Agent Newton suggested that once you get the additional information – George Logan’s report – and we can see how it complies to the site plan; the plantings are a more minute issue.

Town Engineer Norton requested to speak from the audience.  He felt one thing that maybe everyone is getting hung up on is the elevations; the original plan was a topo from another plan so the fact that RD is shooting new ones that show 3” higher than the other plan……  If  Steve Dearborn is saying all he put out there is only 4”…..  Rachel Dearborn interjected, noting those are my original grades when we proposed the pond.  Town Engineer Norton then suggested everyone forget his comments.

Rachel Dearborn suggested they have been working extensively with Town Staff, the ACOE, the DEP, on the site plan and restoring the entire area and this is what the ACOE and DEP would like us to do.  Wetlands Agent Newton indicated she has a plan in the office which she looked at informally and it looks good as it appears it will address the many concerns of this Commission and the Planning and Zoning Commission and she agreed; they (Steve Dearborn’s team) have been working very hard.

Discussion ended.

AGENT DECISIONS1.  01-2011 – Windsor Show Stables – 33 Abbe Road – Request for an agent decision to connect to the sanitary sewer located in the 150’ upland review.  This property is located on the north side of Abbe Road nearest intersection being South Main Street.  Assessor’s Map #34, Block #22, Lot #48.

Wetlands Agent Newton reported she has visited the site.  The proposed connection area is 90’ outside of the pond there is a driveway, the pond, and then the sanitary sewer connection.  There is no impact on the wetlands.

STATUS REPORTS:
  • Balch Millings:  Wetlands Agent Newton reported approximately 1/3 of the pile remains to be removed; she continues to check with Jay Ussery of J. R. Russo & Associates, LLC.  The owner is not in compliance with the zoning issue but he is progressing.
  • Newberry Village:  Wetlands Agent Newton reported she recently did a site inspection of this project and has found foundation holes have been dug for which no Zoning Permits have been issued, and it appears that 4’ to 5’ of fill has been deposited in a vernal pool.  Jay Ussery, of J. R. Russo & Associates, LLC, is working on As-Builts; Wetlands Agent Newton will then follow up appropriately on this issue.
Chairman Ceppetelli reminded everyone George Logan needs to file an annual report of this site in May, 2011.  Wetlands Agent Newton will advise George Logan accordingly.
CONFERENCES/SEMINARS/TRAINING:  Nothing to report

CORRESPONDENCE: None.

GENERAL BOARD DISCUSSION:       None.

EXECUTIVE SESSION/1.   Pending Litigation:

MOTION: To GO INTO EXECUTIVE SESSION at 9:07 p.m.  Attending:  Chairman Ceppetelli, Commissioners Malin, Osborn, Savaria, Sawka, Slate, Baker, Hocutt, and Roloff; Wetlands Agent Newton, Town Planner Whitten, and Recording Secretary Hoffman.

Savaria moved/Osborn seconded/VOTE:  Unanimous

MOTION: To COME OUT OF EXECUTIVE SESSION at 9:18 p.m.

Savaria moved/Slate seconded/VOTE:  Unanimous

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:18 p.m.

Slate moved/Osborn seconded/VOTE:  In Favor:  Unanimous

Respectfully submitted,

Peg Hoffman

Peg Hoffman, Recording Secretary, East Windsor Inland Wetland Watercourse Agency