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NOTICE OF ACTION
Meeting of the
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, FEBRUARY 17, 2004
PUBLIC HEARING, if applicable - 7:30 P.M.
OR
REGULAR MEETING -- 7:30 P.M.
*****ENFIELD ROOM*****
********* 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 7:37 p.m.
2. Pledge Allegiance to the Flag: There was no flag available for the Pledge of Allegiance. A moment of silence was held in honor of Agent Roger Olsen who passed away on February 13, 2004.
3. Roll Call: Present were: Chairperson Gretchen Pfeifer-Hall and Agents Poirot, Sarno and new member, Agent Jedynak. Also present and seated as a voting member for the public hearing was Agent Wawer. Present also were Neil Angus, Wetlands Agent and Susan Swiatek, Recording Secretary.
4. Hearings (continued):
IW#403 of Hazardville Water Company for slope stabilization involving excavation and filling in and within 100 feet of wetlands and watercourses. Property located at 22 Kelly Drive (Map 70 Lot 59) [Submitted November 13, 2003; Received November 18, 2003; PPE December 2, 2003; EMPHCD March 25, 2004]. Robert Flagg represented the applicant. Chairperson Pfeifer-Hall noted that the Return Receipts from the required certified mail have been submitted. Mr. Angus noted that the receipts were the only outstanding item. Mr. Flagg expressed his appreciation for what he stated as "balance" by the Agency. He has put the Tata & Howard proposal out to bid and will keep in contact with Mr. Angus regarding the project. At this time, the hearing was opened for public comment. No one in the audience came forward to speak. A motion was made by Agent Poirot to close the public hearing. Seconded by Agent Sarno. Vote was 4-0-1 (Jedynak)
A motion was made by Agent Wawer to close the public hearing portion of the meeting at 7:43 p.m. Seconded by Agent Sarno. Vote was 4-0-1 (Jedynak).
REGULAR MEETING
1. Call to Order: The regular meeting was called to order by Chairperson Pfeifer-Hall at 7:44 p.m.
2. Roll Call: Present were: Chairperson Gretchen Pfeifer-Hall and Agents Poirot, Sarno, and Jedynak. Also present and seated as a voting member for the regular meeting was Agent Wawer. Present also were Neil Angus, Wetlands Agent and Susan Swiatek, Recording Secretary.
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: Correspondence was as follows: January/February 2004 issue of Connecticut Wildlife; list of Workshops for Agency members through UConn,; copy of Enfield IWWA regulation amendments; letter from Mr. Angus to Senator Dodd, dated February 5, 2004 regarding reauthorization of TEA-21; February 13, 2004 letter from Mr. Angus to Enfield Ford regarding zoning violation/possible wetlands violation; copy of obituary of Agent Roger Olsen.
6. Commissioner's Correspondence: copy of Connecticut D.E.P. Store 2004 catalog; copy of resignation letter from Agent Sarno, effective after last IWWA meeting in March, 2004; Journal Inquirer article regarding Agent Olsen. A trust fund in his honor is being set up to purchase land along the Scantic River.
7. Approval of Minutes -- February 3, 2004 Meeting: A motion was made by Agent Wawer and seconded by Agent Sarno to approve the minutes of the meeting of February 3, 2004 as presented. Vote was 4-0-1 (Jedynak).
8. Wetlands Agent Report - January 29, 2004 through February 11, 2004: Mr. Angus briefly reviewed his Report with the Agency members. He noted that Sterling Machine is proposing a 12'x30' shed. This is in addition to the application that was previously brought before the Agency. This shed will be located completely outside the 100' Upland Review Area and will be used to store pallets and no hazardous materials. Mr. Angus also reported that fencing, reinforced with hay bales, has been installed at the Costco construction site. A church addition is being proposed at 1518 Old King Street. The parking lot will have 7 spaces eliminated. Mr. Angus will use the Authorized Agent process for this application and will provide the Agency with a copy of the letter of conditions of approval at the Agency' s next meeting. A Notice of Violation is being issued to the owner of 117 Parson Road. Also, in request to a question by Chairperson Pfeifer-Hall, Mr. Angus stated that the Contractor for the Freshwater Pond project has been very responsive to his requests. He did note, however, that the contractor recently was trying to remove the earthen dam during a storm to prevent more serious problems. Also, at Mr. Angus' request, tracking pads were installed on the pond floor. In updating the Agency on the Scantic River bridge project, Mr. Angus stated that the project was supposed to have started on February 9, 2004 and should take only 1 week. He will check with the director of Public Works regarding the status of the project.
9. Old Business
IW#403 of Hazardville Water Company for slope stabilization involving excavation and filling in and within 100 feet of wetlands and watercourses. Property located at 22 Kelly Drive (Map 70 Lot 59) [Submitted November 13, 2003; Received November 18, 2003; PPE December 2, 2003; EMPHCD March 25, 2004]. Members briefly discussed the suggested list of conditions of approval provided by Mr. Angus. It was noted that the plan by Engineering to realign the cul-de-sac is a "Cadillac of plans", however, the plans presented by the applicant should be adequate as reviewed by Welti. Mr. Angus stated that he has reminded the DPW not to allow stockpiling of snow in the cul-de-sac area. A sign may be needed. Agent Wawer suggested that the IWWA make a formal request to the Town Council that this cul-de-sac, and any others that might be in need of stabilization, be included in major road improvement projects within the next few years. Mr. Angus will pass these comments on to the Public Works Department. Chairperson Pfeifer-Hall stated that the plans presented are the most economically feasible. A motion was made by Agent Poirot and seconded by Agent Sarno to approve IW#403 with the 10 standard conditions in addition to the following 5 conditions:
11. Slumped materials shall be re-used where possible in the re-stabilization process. Materials used for slope restabilization must be approved by the Town Engineer prior to use;
12. A conservation/erosion control seed mixture is to be used for all disturbed upland areas, in addition to mulching for temporary stabilization. Any reclaimed wetland areas must be immediately covered with a wetland seed mixture and mulch to encourage quick regeneration and limit potential for invasive species from invading and dominating the existing wetland areas;
13. Wetland construction activities shall take place only during low flow conditions (generally June 1 through September 30) to minimize excessive erosion and sedimentation as a result of excessive runoff and heavily saturated soils;
14. All existing erosion and sediment controls and safety fencing must be maintained and replaced if necessary until all exposed areas are fully stabilized to the satisfaction of the Wetlands Agent;
15. With the exception of the additional items stated in these conditions, this application is approved in accordance with the project narrative (Part A of the Application) and the October 14, 2003 erosion control plan prepared by Tata and Howard Incorporated. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement or reorientation 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 Determination of Permit Need (Jurisdictional Ruling) or request for modification. Vote was 4-0-1 (Jedynak) Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
10. New Business
IW#405 of Casimir Pawlowski for the re-construction of a house involving excavation, filling and re-grading within 100 feet of a watercourse. Property located at 169 Cottage Road (Map 74 Lot 251) Zoned R-33 [Submitted February 5, 2004; Received February 17, 2004; PPE March 2, 2004]. Mr. Pawlowski came before the Agency to speak regarding this application. He explained that he plans to construct a new home in place of the old one that burned down. The new one will be of ICF (Insulated Concrete Forms) with wood siding. The house will be shortened by 5 or 6' from what is on the current plans and 3' wider. The original foundation has also been removed. Demolition took place in November, 2003. A hazmat company removed asbestos materials. Photographs of the site were submitted by Mr. Pawlowski. The site has a hay bale fence, construction fence, silt fence and absorbent tubing. Also, the construction company will provide additional fencing. He also explained that due to the fire, the oil tank ruptured. The oil was pumped out the next morning and all contaminated materials have been removed to code. He also stated that the new porch will be on sono tubes. Because the house will be shorter, it will be 5 or 6' further from the lake than the previous house was. In answer to a question by Agent Poirot, Mr. Pawlowski stated that the old house was 1' above the floodplain; the new house will be 2' above the floodplain. New plans will be submitted to show the new elevation and updated footprint. Agent Poirot also asked about water runoff from the roof. Mr. Pawolowski stated that roof runoff would go to the footing drain and then to a crushed rock basin. The 4' footing drain outlet will diffuse into a rock pile outlet, not into the lake. There is currently a garage existing on the property and is being used for storage. It will likely be demolished and the concrete pad pulled up. Mr. Angus noted that demolishing the garage would constitute regulated activities and should be included in this application. Mr. Pawlowski asked if the garage could be converted into a carriage house. Mr. Angus stated that for IWWA purposes, a permit would not be needed if changes were cosmetic only. A review of the project would be needed at the time of application for a building permit. He again suggested that demolition of the garage be included in this application to eliminate the need for a second application and fee. After further brief discussion, a motion was made by Agent Poirot and seconded by Agent Wawer to table this application until the Agency's next meeting, scheduled for March 2, 2004. Vote was 5-0-0.
IW#384.02 of the Town of Enfield - Request for modification to add a vehicle access road along the eastern shore of Freshwater Pond involving re-grading and filling within 100 feet of a watercourse. Property located adjacent to North Main Street (Map24 Lot 25-7). Zoned R-33 [Submitted February 11, 2004; Received February 17, 2004; PPE March 2, 2004]. Mr. Jeff LeBeau from Baystate Environmental represented the applicant. He reviewed the plans that were submitted for the proposed modifications. The purpose of the modification is for construction of a plow access road on the south side of the Bigelow intake structure. The proposed 10' wide access road will be graded with crushed stone and stone dust. Flood lights will be installed. The landscape plan was modified also, resulting in the loss of 10 rose plants. Mr. LeBeau stated that the DPW will install a chain with padlocks attached to posts to deny vehicle access to the lake. Pedestrian access will be allowed. He added that a plow could not access the lake in winter without construction of the proposed road. There is currently a proposal to extend the boardwalk from the planned 90' to the entire width of the pond. Agent Poirot asked if water bars would be installed to prevent direct storm water drainage into the pond. Mr. LeBeau stated that none was planned at this time. He also stated that this is not a large area to worry about direct runoff or stone dust being washed into the pond. Mulch beds and other pervious surfaces will help make up for any small areas of runoff. There will be no high velocity of water flowing overland into the pond. In response to a comment by Chairperson Pfeifer-Hall regarding St. Martha's Pond where a similar roadway was built and a vehicle ended up going through the ice because the hill was so steep, Mr. LeBeau responded that he could not answer whether or not that could happen at Freshwater Pond. The weight of the vehicle and ice conditions would also play a role. Members discussed the planting plan. Mr. LeBeau explained that except for a loss of 10 Ragosa Rose plants, all of the other proposed plants will be planted. Mr. Angus noted that the west bank is already disturbed. Permanent erosion control is the main issue. Grass Pavers were considered but tend to settle and vegetation could be difficult to retain on a tracked slope. He does not feel this project would be a significant impact to warrant a public hearing. Stabilization measures can be addressed at the Agency's next meeting. Mr. Angus also stated that the 3% cross slope should also help reduce any direct stormwater runoff into the pond, instead it will be directed towards the mulch beds. In response to a comment by Chairperson Pfeifer-Hall, Mr. LeBeau stated that there is no retaining wall. The slope is 3:1 with 4' mulch beds which help absorb runoff. After discussion among members, a motion was made by Agent Sarno, seconded by Agent Poirot that no public hearing is required for IW #384.02 and this application should be tabled until the meeting of March 2, 2004. Vote was 5-0-0.
Members also discussed the project construction activities and past problems with erosion and sedimentation and how Staff has handled this.
IW#406 of Alford Associates, Inc. for a building addition, parking lot expansion and associated drainage improvements within 100 feet of wetlands and watercourses. Property located at 135 Freshwater Boulevard (Map 56 Lot 24) Zoned I-P [Submitted February 11, 2004; Received February 17, 2004; PPE March 2, 2004]. Wilson Alford Jr. and Enfield Realty Corporation members Dominic Salzone, Steve Huggins, and Michael Gazani represented the applicant. Mr. Alford explained that the 6.7 acre site is on the east side of Freshwater Blvd. Parking is at the north end of the building. The lot pitches from the street so that it is 4 to 5' lower than the street. Storm drainage flows to the north to a drainage ditch. Wetlands include the ditch on the north side of the property as well as wetlands to the east and the adjacent property to the south. Mr. Alford noted that Baystate Environmental had originally flagged the wetlands but their representative could not be present so George Logan of REMA also went out and found more wetlands in one area and less in another, but the end result is almost the same. The owners wish to construct additional building and parking areas with the additional drainage flowing to 3 different water quality basins where they will discharge to a swale and then slowly filter through the grasses. Direct activity in the wetlands is approximately 200 square feet for installation of a stone berm at the end of the water quality basin. A special seed mixture for the basin will be used. Silt fencing will be installed; the plans show the area of stockpiling. The last catch basin will have extra deep sumps and a hood. Mr. Alford noted that the Report by Mr. Logan states that the wetlands are manmade and of low quality. All activity will be at least 50' from the wetlands except for construction of the discharge pipe. Agent Poirot asked how much increase there would be of impervious surface. Mr. Alford stated he did not have any figures for that. In response to another question by Agent Poirot, Mr. Alford stated that the roof drainage would be distributed between 2 catchbasins. The building will be 12,000 square feet. Snow would be stockpiled along the edge of the parking area. There is no set place, however, the melt would drain into the water quality basins. In response to a question about trees by Chairperson Pfeifer-Hall, Mr. Alford stated that there is only second growth trees on site. The existing building was built in the 1980's and there were no trees in the rear at that time. There has been some scrub growth since then. Chairperson Pfeifer-Hall also asked about the aerial photo showing what looks to be an intermittent stream. Mr. Alford stated that neither soil scientist had seen anything but would go out and look again prior to the Agency's next meeting. Mr. Angus noted that there is a potential for significant impact so a public hearing might be warranted. Mr. Angus also added that the applicant should provide a table showing existing verses proposed impervious surface as well as prudent alternatives. After further, brief discussion, a motion was made by Agent Poirot and seconded by Agent Wawer to set a pubic hearing for IW#406 for the meeting of March 2, 2004 at 7:00 p.m. Vote was 5-0-0. Mr. Angus noted that he has some issues and will need a narrative for the drainage proposal and an explanation of how the water quality basin works and the stabilization of it. The applicant should also provide any proposed mitigative measures to offset impacts of the loss of upland review area and feasible and prudent alternatives to potentially avoid impacts.
11. Other Business
Discussion on Proposed Regulation Amendments:
1. Fee Schedule (Section 18): Mr. Angus stated that any change in fee schedule needs to be approved by Town Council as an amendment of an ordinance. Mr. Shanley was favorable to the proposal. Mr. Angus will coordinate the fee increase with other amendments being proposed.
2. Map Amendments: Members reviewed the proposed wetland map created by Mr. Angus. The new map is not complete but does show some areas of wetlands not shown on the existing map, as well as not showing areas of wetland that no longer exist because of development. Mr. Angus reminded the Agency that both maps are advisory only and do not need to be 100% detailed. Agent Poirot asked if it would be possible to determine how much wetlands have been lost through development. Mr. Angus stated that it would be very time consuming, but was possible. An estimate will be made. Old maps are kept on file in both the Planning Office and the Town Clerk's Office.
3. Legislative Updates: This item is complete and will be included with the other proposed amendments.
2004-2005 Budget review: Members briefly reviewed the budget for the upcoming 2004/2005 budget. It was noted that as of this date, the current budget for dues and fees was 90% depleted and the Copies and reproductions account was 65% depleted. These two items may need increases for the upcoming budget. Members held further discussion regarding the cost of legal notices and members' monthly packets. It was the consensus that the "divider" sheets within the packets could be eliminated and more double side copying should be done.
Members discussed possible ways to commemorate Agent Olsen. The Conservation Commission is considering planting a tree in his name on the Town Green. Agent Jedynak suggested changing the name of a meeting room or park to his name. Also suggested by members were using his name on Freshwater Pond or other waterways, future bike trails, or land purchases. Also, his accomplishments should be mentioned in CACIWC and Connecticut Wildlife magazines. Members will list suggestions for discussion at the Agency's next meeting.
Mr. Angus briefly reviewed his draft letter to D.E.P. regarding a permit renewal request for D.O.T. Project 48-173. After discussion of the comments, a motion was made by Agent Wawer and seconded by Agent Poirot that the letter be signed by Chairperson Pfeifer-Hall and Mr. Angus to follow up to make sure the letter is reviewed. Vote was 5-0-0.
Members briefly reviewed a draft letter by Mr. Angus regarding REACT's proposal to gain access to the Connecticut River. After discussion, a motion was made by Agent Wawer and seconded by Agent Poirot that Chairperson Pfeifer-Hall sign the letter on behalf of the Agency showing support for the concept of river access. Vote was 5-0-0.
o Next regular meeting will be Tuesday, March 2, 2004 at 7:00 PM in the Council Chambers
12. Adjourn: A motion was made by Agent Wawer and seconded by Agent Poirot to adjourn the meeting at 10:00 p.m. Vote was 5-0-0.
Acronym Key for Dates:
Submitted = Day it was Logged in by the Appropriate Town Office.
Rec'ed = Received (Date of First Regular Meeting 24 hours after submission)
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 (65 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
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