NOTICE OF ACTION
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, APRIL 6, 2010 - 7:00 pm
REGULAR MEETING
*****Council Chambers*****
********* ENFIELD TOWN HALL *********
*** 820 ENFIELD STREET***
** ENFIELD, CT 06082 **
REGULAR MEETING
1. Call to Order: The meeting was called to order by Chairman Douglas Maxellon at 7:00 p.m.
2. Roll Call: Present were: Chairman Maxellon and Agents Abar (7:52 p.m.), Albert, Camidge, Lemay, Peruta, Staples, and Szczesiul. Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary. Agent Szczesiul was seated as a full voting member for the public hearing.
3. Pledge of Allegiance: The Pledge of Allegiance was recited.
4. Executive Session
(Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements): None.
5. Public Hearing
a. XIW-10-04 - Town of Enfield Public Works - is requesting a permit to reconstruct and enlarge the South Maple Street Bridge over the Scantic River (Map 84, Lots 7, 12, 14 and 21). Submitted March 3, 2010, received 3/16/10, PPE 3/30/10, MAD 5/20/10. The public hearing ended at 8:15 p.m.
6. Call to Order of Regular Meeting: The regular meeting was called to order by Chairman Maxellon at 8:15 p.m. Present were: Chairman Maxellon and Agents Abar, Albert, Camidge, Lemay, Peruta, Staples, and Szczesiul. Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary. Agent Szczesiul was seated as a full voting member for the regular meeting.
7. Public Participation - Issues of concern not on the agenda: None.
8. Correspondence
a. Public Works Correspondence Regarding Sharp Street
b. "Legislature Restores Consideration of Wildlife to Inlands and Watercourses Act" Article
c. ERT Program Update
d. "Wetlands In the Courts - Recent Cases" Handout
e. DEP 2009 Legislation and Regulations Advisory
f. "Notification of Timber Harvest Form"
g. "The Habitat"
9. Commissioner's Correspondence
a. Site Visit Updates: One update given by Agent Lemay.
10. Approval of Minutes - February 2, 2010: A motion was made by Agent Camidge and seconded by Agent Szczesiul to approve the minutes of the meeting of 02/02/10 with the following amendment: page 5, 4th paragraph, second was made by Agent Camidge, not Agent Abar; page 6, 4th paragraph, second was made by Agent Camidge, not Agent Abar. Vote was 6-0-1(Lemay)
& March 16, 2010: A motion was made by Agent Camidge and seconded by Agent Szczesiul to approve the minutes of the meeting of 03/16/10 as presented. Vote was 7-0-0.
11. Wetlands Agent Report: Ms. Bednaz briefly reviewed her written report.
12. Old Business
a. IW-534- Enfield Properties - is requesting a permit to construct two office buildings and five residential apartment buildings 153 South Road and adjacent lots (Map 55, Lots 80, 93 & 99), within the regulated area. Submitted 12/15/09, received 12/15/09, PPE 12/29/09, MPHCD 2/23/10, EMPHCD 3/16/10: Agent Staples recused himself from discussion on this application and left the meeting for the evening. A motion was made by Agent Peruta and seconded by Agent Lemay to approve IW 534 with the standard conditions numbered one through seventeen, as well as the following conditions numbered 18 through 26, with condition #21 revised as discussed:
18. The yard drain proposed to be located on Ronal & Rebecca Calabrese’s property, Map 55, Lot 94 may only be installed within the existing lawn area and not within the tree line. It is also recommended that a drainage easement be provided for this structure so that it may be properly maintained.
19. Stated on sheet LS-1 of the project plans “… 6 foot high, white panel fence may be installed along property line as determined in field with abutting property owners and Project Landscape Architect. Final location to be determined in field and adjusted to preserve existing trees.” The specifications of the fence shall first be submitted to the IWWA or their designated Agent for review and approval prior to installation. Currently, a portion of the fence is shown to be located within wetlands. The installation of the fence shall accommodate for wildlife migration and minimize impacts to wetlands. Erosion controls shall be installed to prohibit any disturbed soil from migrating into the resource areas.
20. A performance surety bond in the appropriate form shall be posted for 125% of the cost estimated by the applicant and confirmed by the IWWA Agent for the wetland mitigation activities (creation, enhancement, replacement) as proposed in the approved plans. The bond may be released by the IWWA Agent after the report is received following the third complete growing season for each mitigation area, as approved and completed to the Agent’s satisfaction. The bond may be held for a longer period of time until it is determined that the mitigation areas are performing as designed. Release of the bond by any other agency, board or commission does not remove the permittee’s obligations with regard to this permit condition.
21. In accordance with Section 18.2 of the Inland Wetlands and Watercourses Regulations most recently revised in February 2005 an independent inspector who is a Certified Professional in Erosion and Sedimentation Control (CPESC) or equivalent shall be hired by the Town of Enfield at a reasonable cost and paid for by the applicant to conduct inspections every other week for the Town of all erosion and sediment control measures and report their findings to the IWWA every other week. Inspections shall be conducted every other week during active construction and every three weeks when construction is inactive and soils remain exposed. Inspections shall be completed after each rain event of greater than 0.5” as determined by NOAA nearest rainfall gauge. The content and presentation of the weekly reports shall be reviewed and approved by the IWWA Agent prior to the start of any construction activities. The independent inspector shall be contracted with prior to the start of work. Payment for approximate three months of inspection shall be forwarded to the Town by the applicant for future payment of services prior to the start of construction. Funds shall be replenished prior to the balance dropping below the estimated cost for one inspection.
22. A wetland scientist, hired by the applicant, shall be on-site daily during the construction of the wetland mitigation areas. A weekly report that details progress, issues, solutions and determinations shall be submitted to the IWWA for tracking of the mitigation area construction progress.
23. A Conservation Restriction in favor of Enfield Properties, as shown on the approved plans shall be placed on the applicable properties prior to the issuance of the Certificate of Occupancies for each subject property. A copy of the draft or final deed for each parcel must be submitted to the Inland Wetlands and Watercourse Agent for review and approval. Conservation restriction 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” x 4” wooden posts to demarcate the easement boundary. Markers shall be placed at a minimum of 40 feet apart.
24. All wetland creation, restoration and enhancement activities shall be completed as part of Phase 1 of the project unless otherwise approved in writing by the IWWA or their designated Agent.
25. Mitigation for the projects impacts will be completed in accordance with the plans detailed in item 15 of this approval as well as specified in Rema Ecological Services, LLC February 16, 2010 Wetlands Assessment Report and Rema Ecological Services, LLC March 16, 2010 Mitigation Monitoring, Post-Construction Vegetation Management, and Release of Biological Control for Purple Loosestrife” letter report, both included in the project file.
26. Mitigation has been proposed that includes rotational mowing of the open field area to the south of the commercial development so that it is maintained. The schedule for this mowing is included in REMA Ecological Services, LLC March 16, 2010 letter report regarding “Mitigation Monitoring, Post-Construction Vegetation Management and Release of Biological Control for Purple Loosestrife”. This mitigation is designed to continue for the life of the development, which in most cases will continue beyond the validity of this approval. Therefore, it is recommended that this mitigation also be included on the site plan approval by the Enfield Planning and Zoning Commission (PZC). A memo requesting such has been submitted to the PZC from the IWWA.
Vote was 6-0-0. Reason for approval was that the project will not have an adverse impact on inland wetlands and watercourses.
13. New Business: None.
14. New Applications to be Received
a. Applications to be received after Town deadline for Agenda: None.
15. Other Business
a. IWWA Fines Ordinance
b. IWWA Fee Schedule
c. IWWA Regulation Revisions: It was the consensus of the Agency members to schedule special meetings on April 15 and April 29, 2010 at 7:00 p.m. to discuss the IWWA fee schedule and IWWA regulation revisions. A motion was made by Agent Camidge and seconded by Agent Szczesiul to table discussion on agenda item 15a. to the IWWA regular meeting of April 20, 2010 and agenda items 15b & c to the IWWA special meetings of April 15 and 29, 2010. Vote was 6-0-0.
It was the consensus of the Agency members to approve the memo drafted by Ms. Bednaz dated 04/06/10 and addressed to the PZC regarding IW#534.
d. Next regular meeting is Tuesday, April 20, 2010 at 7:00PM in the Council Chambers.
16. Adjourn: A motion was made by Agent Camidge and seconded by Agent Albert to adjourn the meeting at 9:15 p.m. Vote was 6—0.
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