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NOTICE OF ACTION
Meeting of the
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, JANUARY 15, 2002
PUBLIC HEARING, if applicable - 7:00 P.M.
OR
REGULAR MEETING -- 7:00 P.M:
********COUNCIL CHAMBERS********
*********ENFIELD TOWN HALL*********
***820 ENFIELD STREET,***
**ENFIELD, CT**
7:00 P.M.: PUBLIC HEARING
1. Call To Order: The meeting was called to order by Chairperson Pfeifer-Hall at 7:00 p.m.
2. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Storey, Olsen, Poirot, Sarno, Szewczak, and Bergamini.
3. Pledge of Allegiance to the Flag
" IW 362, Application of Elm Development, LLC, for regulated activities associated with a senior residential development to be called Autumn Fields, located west of Elm Street opposite the Police Station at 293 Elm Street (Map 75, Lot 1). [Submitted Nov. 27, Rec'ed Dec. 4, PPE Dec. 18, 2001, MPHCD Feb. 1, 2002, SLMPHCD Mar. 18, 2002] Mr. Dana Steele and Jay Ussary of J.R. Russo & Associates, Mr. Dean Gustafson of VHB, and Mr. John Reveruzzi of Elm Development explained the most recent updates to the plans, addressing issues brought out at the last meeting of the Agency. As previously noted, all units and decks are now completely out of the regulated area. In order to accommodate this change, 3 units were removed and several of the units will be ranch style as opposed to town house style. The wetlands crossing was discussed at great length. The Wetlands Agent suggested the use of two box culverts to accomplish the Agency's desired 30' span over the wetlands, but the applicant finds this not to be economically feasible. Also, expanding the current 20' span to thirty feet would require additional fill and disturbance to the area. The proposed box culvert would have a 3' interior height and be 60 feet long. The road will need an increased average grade of 2 ½ feet. Mr. Gustafson felt that the 20' width would allow for migration of wildlife. Although the use of the box culvert will require approximately 300 square feet additional fill, it will allow the splash pad to be placed outside of the regulated area. The net effect is virtually the same amount of wetland impact. The decision as to whether or not a water quality swale around vernal pool #1 should be required was also discussed at length. Mr. Northrup suggested that additional plantings be made in the area between the edge of the lawns and the vernal pool. This would augment what is already in existence, assist in water quality, and ensure that the vernal pool is naturally recharged from overland flow. Also discussed were the methods of removal of phragmite from vernal pool #1. Mr. Reveruzzi spoke in favor of the project on behalf of Elm Development. There was no other audience participation. Agent Szewczak asked that further study be done on the possible impact footing drains might have on the recharge capabilities of Vernal Pool #1. Members also discussed the suggested conditions of approval and requested that changes be made to #15, 17, and #20 and research be done on #11. The applicant stated that the Management Plan would include instructions that excess snow would be removed from the property, as would any landscaping materials. The applicant would be agreeable to implementing whatever phragmite removal plan the Agency deems appropriate.
4. Continue or Closing Hearing After discussion, Agent Szewczak made a motion, which was seconded by Agent Storey to close the public hearing for IW #362. A separate motion was made by Agent Olsen and seconded by Agent Poirot to close the public hearing portion of the meeting at 8:32 p.m. Vote was 7-0-0.
A motion was made at this time by Agent Olsen, seconded by Agent Storey, and unanimously voted to hold a brief recess at 8:33 p.m.
REGULAR MEETING
1. Call To Order: The regular meeting was called to order by Chairperson Pfeifer-Hall at 8:41 p.m.
2 Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Storey, Olsen, Poirot, Sarno, Szewczak, and Bergamini.
2. Executive Session - Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements, as need. The specific reason should be stated for each session. There were no items for executive session.
3. Public Participation - Issues of concern not on the agenda. There were no audience comments.
4. Correspondence. Items of correspondence received were as follows: D.E.P. Notice of intent to issue general permits for various inland water resources activities and to waive public hearing; letter from Mr. Northrup to Colleen Brand regarding fence around dumpster at Henry Barnard Elementary School; reply from Ms. Brand regarding fence; copy of email to Mr. Northrup from Mr. Shanley regarding Sunset Drive erosion; copy of email to Mr. Kazmarski, DPW, from Mr. Northrup regarding Sunset Drive erosion; notice of upcoming Sustainable Landscape-related meetings and workshops; Annual Report 2001 Connecticut Chapter Nature Conservancy; notice from NEMO regarding watershed planning; DEP Permit application form for Crescent Lake for use of pesticides in state waters; copy of internet article regarding change in Army Corps Wetland Rules; copy of proposed subdivision regulation revisions; copy of proposed 2002/03 IWWC budget; Wetland Agent's Report; updated bylaws; DPN 020110.
5. Commissioner's Correspondence Chairperson Pfeifer-Hall received a survey from the Connecticut ERT regarding services recently provided for the Autumn Fields project.
6. Approval of Minutes - December 18, 2001. After brief discussion, a motion was made by Agent Szewczak, seconded by Agent Bergamini to approve the minutes with the following amendments: page 7, 3rd paragraph, 2nd sentence - remove "with copy of the proposed changes". At end of sentence add: "A copy of the proposed changes to the subdivision regulations." On 4th paragraph, after "access", add in parenthesis "join or participate in)". vote was 5-0-2 (Poirot & Storey).
7. Wetlands Agent Report: for December 18, 2001 to January 14, 2002: Mr. Northrup briefly reviewed the Agent's report, highlighting several issues, and updating the Agency on the Kawszak, Botticello, and North River Road activities.
8. Old Business
" Discussion of Bylaw Changes: Continued from Previous Meeting: A motion was made by Agent Storey, seconded by Agent Sarno to place this item later in the agenda. Vote was 7-0-0.
" For Discussion Regarding a Decision:
" IW 362, Application of Elm Development, LLC, for regulated activities associated with a senior residential development to be called Autumn Fields, located west of Elm Street opposite the Police Station at 293 Elm Street (Map 75, Lot 1). [Submitted Nov. 27, Rec'ed Dec. 4, PPE Dec. 18, 2001, MPHCD Feb. 1, 2002, SLMPHCD Mar. 18, 2002] A motion was made by Agent Olsen, seconded by Agent Szewczak to table further discussion on this application until the Agency's next meeting, scheduled for Tuesday, February 5, 2002.
" Determination of Permit Need 011212: Request by Kevin Ferguson for tree cutting and removal of fire wood from property accessed off of Hillyer and Pearl Street Extension (Map 18, Lot 277). [Submitted Dec. 12, 2001] Mr. Ferguson presented a map showing the general outline of his property, as well as the approximate location of an interior logging road, wetlands, and the proposed 3 to 4 acre area to be cut. After much discussion, and agreement by the applicant to complete the project during the winter months, so as not to harm wetlands, and widen the existing road only enough to allow for safe travel with equipment, a motion was made by Agent Olsen and seconded by Agent Storey that no permit is necessary. Vote was 7-0-0.
9. New Business
" IW 363, Application of Alan K. Tracy, for regulated activities associated with the construction of a car wash facility, at 126 Hazard Avenue, south side, approximately 240 feet east of Palomba Drive. [Submitted Jan. 3, Rec'ed Jan. 15, PPE Jan. 30, MAD Mar. 21, SLMAD May 25, 2002.] Mr. Tracy, the applicant, Mr. Norton, the project engineer, and Mr. Gragnolatti, the soil scientist, explained that this project was originally approved slightly over 1 year ago. Through an oversight, a request for extension was not filed. Mr. Tracy noted that the Zoning Commission has recently granted an extension for its' permit. Since this is technically a new permit, members discussed the possible need for a public hearing. The application was approved under the current IWWC guidelines, including a 100 foot regulated area. Since the application cannot be approved due to the regulatory petition period requirements, a motion was made by Agent Olsen and seconded by Agent Bergamini to continue Application IW#363 until the next meeting of the Agency, scheduled for February 5, 2002.
" Determination of Permit Need 020108: Request of Tri-State Diesel, Inc. for modifications to the site inclusive of two (2) heating oil tanks and an emergency generator, at 1Depot Hill Road. [Submitted Jan. 8, 2002.] Mr. Monty Kroh and Mr. Scott Pagliughi explained that the Kenworth dealership located at 1 Depot Hill Road recently installed 2 heating oil tanks and a self contained back up generator with 100 gallon fuel tank. Due to concerns over possible leakage if heating oil tanks were installed underground, the owner decided to install self contained, above ground "ConnVault" tanks. They are steel tanks, surrounded by a membrane and then an additional 6" of concrete. The site contains a total of 17 test well monitors, with 5 located in the immediate vicinity of the tanks. After brief discussion, a motion was made by Agent Olsen and seconded by Agent Sarno that no permit is needed for this application. Vote was 7-0-0.
" IW 336.02, Application of SullivanHayes Companies NE, for extension and amendment of a permit granted to Berkshire Development, LLC, for regulated activities associated with the construction of a commercial development of a hotel and restaurant to be located on the southwest corner of Hazard and Phoenix Avenues. [Submitted Jan. 9, Rec'ed Jan. 15, PPE Jan. 30, MAD Mar. 21, SLMAD May 25, 2002] Agent Storey excused himself from participation on this application due to a potential conflict of interest. Mr. Jed Hayes explained that SullivanHayes Companies NE is part of Berkshire Development, LLC. The current permit is about to expire and he also explained that there has been a change in hotel chain expected to use this site. The change has resulted in changes to the site plan. The new hotel will have a smaller footprint - from 12,000 square feet, down to 10,000 square feet. The original plans called for the hotel to run east/west and the casual restaurant to be orientated north/south. The new lessee has requested that the buildings be re-orientated 90 degrees. The total site is approximately 18 acres; total development is 2 ½ acres with less than ½ acre wetland disturbance and the creation of ¾ acre new wetlands as mitigation. The applicant will provide the same water quality measures. Further details will be available upon completion of the engineers' plans. Because there is some question as to who the proper applicant should be, Mr. Northrup was directed by Agency members to obtain a legal opinion from the Town Attorney's office. After lengthy discussion as to whether or not an extension should be granted at this time, or if a new application is required, a motion was made by Agent Olsen to extend the permit by 90 days. He then amended his motion to extend the permit up to one year. Seconded by Agent Bergamini. Vote was 5-1(Pfeifer-Hall)-0. A motion was then made by Agent Szewczak and seconded by Agent Bergamini that a public hearing be held at the Agency's meeting of February 5, 2002 for modification to the permit due to significant impact. Vote was 6-0-0.
" Determination of Permit Need 020110: Request of Green Meadow Lumber, Inc. for logging of market timber at 283 Brainard Road. [Submitted Jan. 10, 2002] Agent Storey returned to the meeting at this time. Mr. Christian Kruger, registered Forester, represented the applicant regarding logging at 283 Brainard Road. Mr. Kruger noticed a stream on the property and asked Mr. Northrup to determine if a permit would be needed. Mr. Northrup believes that the stream is actually a drainage ditch and does not qualify as an intermittent stream. Mr. Kruger is proposing to use Best Management Practices for logging. A logging road exists and will be used by the two man crew and skidder. Mr. Northrup noted that the area is not within mapped wetlands and feels it meets the agricultural exemption. Agent Storey made a motion which was seconded by Agent Olsen that no permit is needed for this application. Vote was 7-0-0.
" Discuss List of Permits with Snow Stockpiling Conditions. Mr. Northrup presented a list of permits with snow stockpiling conditions. He hopes to have more details on exact locations of the stockpile areas and corresponding signage by the Agency's next meeting. While he may not be able to visit each site after each storm, he stated that he would give his best effort to visit completed projects when he is out in the field.
At this time, the Agency took up the agenda item of:
Discussion of Bylaw Changes: Continued from Previous Meeting: Mr. Northrup reviewed the most recent changes to the Bylaws. Members held some discussion on the subject of site walks. Mr. Northrup strongly discouraged two or more members from making spontaneous site visits. If members wish to conduct group site walks, a twenty four hour notice could be given for a special meeting and all members and public could attend. Minutes to the meeting would be taken, and the notice would need only be posted in the Town Clerk's Office. After further discussion of the Bylaws, a motion was made by Agent Olsen, seconded by Agent Bergamini to table further discussion until the Agency's next meeting, scheduled for February 5, 2002.
The next meeting will be February 5, 2002.
10. Adjournment: Agent Poirot made a motion which was seconded by Agent Storey to adjourn the meeting at 11:00 p.m. Vote was 7-0-0.
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Last Modified: 1/21/2005 3:48:30 AM
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