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NOTICE OF ACTION
MEETING OF THE
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, JANUARY 30, 2007
PUBLIC HEARING - 7:00 P.M. (if applicable)
REGULAR MEETING -- IMMEDIATELY FOLLOWING
*****COUNCIL CHAMBERS*****
********* ENFIELD TOWN HALL *********
*** 820 ENFIELD STREET***
** ENFIELD, CT 06082 **
PUBLIC HEARING(S)
1. Call to Order: The meeting was called to order by Chairperson Gretchen Pfeifer-Hall at 7:07 p.m. 2. Pledge Of Allegiance: The Pledge of Allegiance was recited.
3. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Arnone, LeMay and Wawer. Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary. Agent LeMay was seated as a full voting member for this portion of the meeting.
4. Hearing(s):
Show Cause Hearing:
Kory E. Groszyk. Cease and Restore Order issued for property at 30 Parker Street for dumping solid waste over bank into wetlands behind house. Ordered to Cease from depositing any more material on property and to Restore the banks to a natural and stable state. At 7:40 p.m., a motion was made by Agent Arnone and seconded by Agent LeMay to uphold the Cease & Restore Order for property at 30 Parker Street. It was the consensus of the Agency members to work with the owners with regards to adequate time for the removal of the debris and restoration of the banks to a natural and stable state. Vote was 4-0-0.
A motion was made by Agent Arnone and seconded by Agent LeMay to close the public Show Cause Hearing portion of the meeting.
REGULAR MEETING
1. Call to Order: The regular meeting was called to order by Chairperson Gretchen Pfeifer-Hall at 7:41 p.m.
2. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Arnone, LeMay and Wawer. Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary. Agent LeMay was seated as a full voting member for this portion of the meeting.
3. Executive Session - Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements. As needed. The specific reason should be stated for each session. There were no items for discussion in Executive Session.
4. Public Participation - Issues of concern not on the agenda: No one in the audience came forward to speak.
5. Correspondence.
6. Commissioner's Correspondence.
7. Approval of Minutes - January 16, 2007: A motion was made by Agent Wawer and seconded by Agent Arnone to approve the minutes of the meeting of January 16, 2007 with one amendment: page 14, subsection “d Approve Proposed 2007/2008 fiscal year budget” – remove “d”. Vote was 3-0-1(LeMay).
8. Wetlands Agent Report - January 17-29, 2007
9. Old Business
IW 476 - David Turner. Proposed construction of a wetland crossing for a residential driveway (.08 Acre impact) and construction of a home within the upland review area (.7 Acre impact). Property located on Post Office Rd. (Map 47, Lot 44) Zoned I-1. [Submitted 12/22/06; Received 1/16/07, PPE 1/30/07, MAD 3/21/07] A motion was made by Agent Arnone and seconded by Agent Wawer to approve IW#476 with the standard 10 conditions, in addition to the following #11 through #18:
11. All required erosion and sediment controls must be in place prior to the Wetlands Agent signing off on the building permit. In addition, all exposed areas must be permanently and/or temporarily stabilized prior to the Wetlands Agent signing off on the Certificate of Occupancy
12. Roof leader outlets must be permanently stabilized prior to the Wetlands Agent signing off on the Certificate of Occupancy
13. Prior to the Wetlands Agent signing off on the building permit, a note shall be placed on the deed for the property notifying any future owner of the existence of wetlands on the property. The note shall read "Portions of this lot contain inland wetlands. Any proposed activity (land clearing, excavation, filling, re-grading and/or placement of structures) in or within 100 feet of these wetlands will require authorization from the Enfield Inland Wetlands and Watercourses Agency prior to commencement. Failure to obtain the necessary approvals may result in enforcement action in accordance with Section 13 of the Enfield Inland Wetlands and Watercourses Regulations, as amended. Disposal of yard wastes (soil, leaves, brush, grass clippings, or any other form of waste) in these wetlands will also constitute a violation of the Enfield Inland Wetlands and Watercourses Regulations".
14. Applicant has agreed to relocate the livestock fence to exclude the pond from the grazing area by running the fence around and to the North of the pond, approximate 20-25 feet away where possible.
15. Barn staging area to be moved to opposite (N/W) side of the barn.
16. Details to be added for the retaining wall, and the details to be approved by the Town Engineering department before a building permit is issued.
17. Orange safety fencing to be installed at the wetland boundary near the retaining wall to protect the wetland from intrusion.
18. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plan entitled "Plot Plan Prepared for David Turner Lot 44, Post Office Road Enfield, CT"; sheets 1-3; dated 12/21/06, revised through 1/19/07; prepared by JR Russo and Associates, 1 Shoham Road, East Windsor, CT 06088. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement or re-orientation of structure footprints, from the plans and any denial or changes made by any other regulatory agency or commission shall require the permitee to come before the Enfield Inland Wetlands and Watercourses Agency for a Permit Modification or Determination of Permit Need (Jurisdictional Ruling). Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses. Vote was 4-0-0.
IW #477 - Tim Fortune. Proposed new home constructed within 100 feet of a watercourse and within the upland review area (.13 acre impact). Property located on Steele Road (Map 047, Lot 44) Zoned R-33. [Submitted 12/29/06, Received 1/16/07, PPE 1/30/07, MAD 3/21/07] A motion was made by Agent Wawer and seconded by Agent Arnone to approve IW#477 with the 10 standard conditions, in addition to the following #11 through #17:
11. All required erosion and sediment controls must be in place prior to the Wetlands Agent signing off on the building permit. In addition, all exposed areas must be permanently and/or temporarily stabilized prior to the Wetlands Agent signing off on the Certificate of Occupancy
12. Roof leader outlets must be permanently stabilized prior to the Wetlands Agent signing off on the Certificate of Occupancy
13. A selection of plants that will provide food value for the wildlife shall be installed between the arborvitae row and the brook. The specifics of all these plantings (type, quantity, location etc.), are to be approved by the agent with advice from the North Central Conservation District (Dave Askew).
14. Prior to the Wetlands Agent signing off on the building permit, a note shall be placed on the deed for the property notifying any future owner of the existence of wetlands on the property. The note shall read "Portions of this lot contain inland wetlands. Any proposed activity (land clearing, excavation, filling, re-grading and/or placement of structures) in or within 100 feet of these wetlands will require authorization from the Enfield Inland Wetlands and Watercourses Agency prior to commencement. Failure to obtain the necessary approvals may result in enforcement action in accordance with Section 13 of the Enfield Inland Wetlands and Watercourses Regulations, as amended. Disposal of yard wastes (soil, leaves, brush, grass clippings, or any other form of waste) in these wetlands will also constitute a violation of the Enfield Inland Wetlands and Watercourses Regulations".
15. Those portions of the total site indicated to be a conservation easement (as amended) shall be first offered to the town as an easement or restrictive covenant. Conservation easement markers shall be installed in accordance with Town requirements, by a licensed surveyor, at the applicant's expense. Easement markers will be provided by the Planning Department. Where no trees are present greater than 6" dbh, easement markers shall be placed on 4"x4" wooden posts to demarcate the easement boundary. Should the Town Council decline the acceptance of the easement or restrictive covenant, a notification shall be placed on the land records that indicates the extent of wetland resources on-site and the regulations governing those resources, including the prohibition of disposal of refuse and/or yard waste on or near the slopes and wetland and watercourse areas.
16. Fence sections (individual spaced segments to mark line) to be installed along a line, 50 feet E of wetland flag A-10, running roughly North and South to permanently mark the wetlands boundary and limits of building or clearing for the benefit of future owners. This must be shown on the final site plan before any permits are issued.
17. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plan entitled "Resubdivision Plan #42 Steele Road"; sheets 1-3; dated 12/18/06 and revised to 1/23/07; prepared by Aeschliman Land Surveying, PC 1379 Main Street, East Hartford, CT 06108. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement or re-orientation of structure footprints, from the plans and any denial or changes made by any other regulatory agency or commission shall require the permitee to come before the Enfield Inland Wetlands and Watercourses Agency for a Permit Modification or Determination of Permit Need (Jurisdictional Ruling). Vote was 4-0-0. Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
10. New Business
• Next regular meeting is Tuesday, February 13, 2007 at 7:00PM in the Council Chambers.
11. Adjourn: A motion was made by Agent Arnone and seconded by Agent Wawer to adjourn the meeting at 9:26 p.m. Vote was 4-0-0.
Acronym Key for Dates:
Submitted = Day it was Logged in by the Appropriate Town Office.
Rec'ed = Received (Date of First Regular Meeting after the day of submission or 35 days, which ever is sooner)
PPE = Petition Period Ends (14 Days from Receipt)
MAD = Mandatory Action Date (65 Days from Receipt)
EMAD = Extended Mandatory Action Date (Any combination up to 65 days from original MAD)
MPHCD = Mandatory Public Hearing Closing Date (35 Days from opening of the public hearing)
EMPHCD = Extended Mandatory Public Hearing Closing Date (Any combination up to 65 Days from first MPHCD)
MPHAD = Mandatory Public Hearing Action Date (35 Days after close of the public hearing)
EMPHAD = Extended Mandatory Public Hearing Action Date (Any combination up to 65 Days from first MPHAD)
*Applicant can consent to extend the time frame for any of the steps but the total of all extensions together cannot exceed 65 days |