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NOTICE OF ACTION
Meeting of the
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, FEBRUARY 5, 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 7:01 p.m.
2. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents, Olsen, Poirot, Sarno, Szewczak, and Bergamini. Agent Storey was absent. Also present were Jay O. Northrup, Wetlands Agent and Susan Swiatek, Recording Secretary.
3. Pledge of Allegiance to the Flag
" IW 336.2, Application of Enfield Ventures, for amendment of a permit granted to Berkshire Development, LLC, (a partner in Enfield Ventures) 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, MPHCD Mar. 21, SLMPHCD May 4, 2002] Mr. Northrup read a letter from Sullivan Hayes, the applicant's agent, which requested that the public hearing be postponed until the Agency's March 5, 2002 meeting. He also read 2 letters from Enfield Ventures Partnership, LLC, which authorized Sullivan Hayes Companies and Berkshire Development, LLC to act as its' agent with respect to application IW336.2, and IW 336 respectively. Mr. Northrup went on to explain that through discussion with the applicant and Town Attorney, it was agreed that as long as these letters granting authorization were provided, and the relationship of the companies explained, Enfield Ventures would be able to make application for amendment to the permit granted to Berkshire Development. Berkshire Development and Sullivan Hayes are owned by partners of Enfield Ventures Partnership, LLC. The public hearing was opened to audience comment. There was no audience participation. A motion was made by Agent Olsen and seconded by Agent Poirot to continue IW 336.2 until the Agency's meeting of March 5, 2002. Vote was 6-0-0.
4. Continue or Close Public Hearing Agent Poirot made a motion which was seconded by Agent Sarno to close the public hearing portion of the meeting at 7:09 p.m. Vote was 6-0-0.
REGULAR MEETING
1. Call To Order: The meeting was called to order by Chairperson Pfeifer-Hall at 7:10 p.m.
2. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Bergamini, Olsen, Poirot, Sarno, and Szewczak. Agent Storey was absent. Also present were Jay O. Northrup, 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 need. The specific reason should be stated for each session. There were no items for executive session.
4. Public Participation - Issues of concern not on the agenda. There were no audience comments.
5. Correspondence: Items of correspondence were as follows: email from Joanne Kneiss regarding publication from UConn regarding integrated pest management for turf grass. Mr. Northrup will obtain at least one copy for the Town; memo from the Town Attorney regarding the Revised EIWA bylaws; email from Agent Storey announcing his absence from this meeting, as well as providing comments for agenda item IW367; letter from CME/CPK Design Group regarding withdrawal of IW364 and IW365; memo from John Cabibbo regarding IW362; Agent's Report January 15 through February 4, 2002; letter from Bohler Engineering regarding revisions to IW336.02; memo from John Cabibbo regarding IW336.02; scale drawing of alternate double box culvert for
IW362; addendum to Agent's Report of January 15 through February 4, 2002.
6. Commissioner's Correspondence: Chairperson Pfeifer-Hall reported Ms. Kneiss faxed her a copy of a letter from the Hartford County Soil & Water Conservation District regarding continued membership at a cost of $1,200 for the upcoming fiscal year. Mr. Northrup assured the Agency that the funds would be available for continued membership in the District.
7. Approval of Minutes - January 15, 2002 Agent Szewczak made a motion, seconded by Agent Olsen to approve the minutes of the meeting of January 15, 2002 as presented. Vote was 6-0-0.
8. Wetlands Agent Report: for January 15, 2002 to February 4, 2002: Mr. Northrup reported that he inspected 283 Brainard Road and concluded that the ditch on the property does not meet the definition of intermittent stream. He has met again with the owners of the Botticello Gravel Pit on Broad Brook Road. The owners intend to complete the items to meet compliance as soon as weather permits. The work that has been done is functioning. Mr. Northrup also met with Mr. Ferguson and found that he flagged the wetlands on his Hillyer Lane site and cutting is progressing in the manner requested by the Agency. The owners of Turf products have been contacted. They will have the wetlands flagged and move the golf carts out of the 100' Upland Review Area. Mr. Northrup will continue to try to meet with the contractor of the Birch Hill Farms Subdivision regarding erosion along newly installed sidewalks. He will also contact the owner of the Big Y Plaza regarding trash and debris being found in the wetlands behind the plaza.
9. Old Business
" 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]Mr. Northrup explained that although the Town's engineer provided a memo regarding the drainage calculations being incomplete, the Agency cannot take any new information regarding the calculations, since the public hearing has been closed. Members held lengthy discussion regarding the approval of the application without complete drainage calculations. Mr. Northrup explained that the Agency could approve the application without the calculations, or with conditions regarding the calculations. He noted that the drainage calculations need to be approved by the Planning & Zoning Commission also, and any major changes to the plans would require the applicant to come back before the IWWA for a modification of permit. Agency members reviewed Mr. Northrup's suggested conditions of approval in addition to the 10 standard conditions. Members also reviewed a sketch drawn by Agent Szewczak showing the amount of fill needed for a single box culvert as opposed to a double box culvert as was suggested by Mr. Northrup at a previous meeting. While noting the applicant's concern over cost of the double culvert, Agent Szewczak felt the cost would be somewhat offset by the need for less fill by using the double culvert. The applicant also has the option of returning to the Agency for a modification of permit if the double culvert cost proves to be too onerous. Members held lengthy discussion regarding lots 16 and 18 on Quail Run. Chairperson Pfeifer-Hall feared that development of these two lots in particular would affect the future viability of the vernal pool. The use of a fence was discussed but decided against as being ineffective. Mr. Northrup suggested that perhaps the proposed structures could be moved on lot 16 so that grading would not come within the 100' buffer. He was not sure if that would also be possible for lot 18. After lengthy discussion, it was the consensus of the Agency members that the building on lot 16 be removed and the building on lot 18 be moved north and east. After further discussion, Agent Poirot made a motion, seconded by Agent Bergamini to approve IW362 with the 10 standard and following 20 additional conditions:
11. Common Reed (a.k.a. phragmites) shall be removed from the vernal pool numbered 1, in the report titled, "Vernal Pool Study, Autumn Fields, Connecticut, VHB / Vanasse Hagen Brustlin, Inc., Middletown, Connecticut, June 2001. The permittee shall remove the Common Reed only using methods approved / recommended by the Department of Environmental Protection and / or the Connecticut Agricultural Experimental Station. The procedure involves cutting the stalks in late August, early September and applying herbicide directly into the open end of the stalk. An individual licensed in such application shall apply the herbicide. In order to successfully eliminate this vegetation the process may need to be repeated in sequential years.
12. The 100 foot buffer area depicted on sheet 7 of 11 of the plans, shall be maintained by the entity that shall assume ownership of the common properties. It shall prohibit encroachment of unit owners activities into this area. It shall be included in the documents transferred from the developers to that entity. A copy must be provided to the Enfield Department of Planning and Community Development before the Agent may sign off on the first building permit. In order to maintain compliance with this permit these documents must be filed with the deeds in the Enfield Town Clerk's Office.
13. Signs shall be placed 100 feet from the vernal pool boundary surrounding vernal pool number 1. They shall read: "Vernal Pool Protection Area." They shall be located one (1) behind each unit that backs the area and one (1) on each side of the watercourse crossing.
14. Slow release fertilizers and minimal applications of pesticides and herbicides, as prescribe by best management practices (BMPs), shall be employed by the developer in establishing landscaping throughout the site. The management plan prepared for this development shall indicate that slow release fertilizers and minimal applications of pesticides and herbicides, as prescribed by BMPs shall be employed in the maintenance of the property. It shall be included in the documents transferred from the developer to the entity that shall assume ownership of the common properties. A copy must be provided to the Enfield Department of Planning and Community Development before the Agent may sign off on the first building permit. In order to maintain compliance with this permit these documents must be filed with the deeds in the Enfield Town Clerk's Office.
15. A statement shall be added to the plans on sheets, 3,4,5, and 6 of 11, and to the deeds for all units in the development stating: "No accessory buildings shall be allowed within 100 feet of any surveyed wetlands soils, especially those associated with the vernal pool encircled by Quail Hollow." A copy of the plan and each deed must be provided to the Enfield Department of Planning and Community Development before the Agent may sign off on each building permit. In order to maintain compliance with this permit these documents must be field with the deeds in the Enfield Town Clerk's Office.
16. The document specifying the responsibilities of the entity assuming ownership of the common property shall include a yearly maintenance schedule for cleaning of catchbasins, splash pads and other erosion control structures and removal of winter sands and salts form the roads. This must be submitted to the Agent for the EIWWA before he may sign off on any building permits.
17. In contrast to the single box culvert shown on the referenced plans, two open-bottom box culverts shall be utilized to cross the watercourse flowing from vernal pool #1. They shall be configured side by side, equally straddling the flagged wetlands, with a single common center footing, same top elevation and varying opening with a maximum of 30 to 36 inches from ground elevation to inside top of the box. This is depicted in a drawing entitled "Alternate Double Box Culvert, IW362, "D", date stamped "Received Feb. 5, 2002, Planning Office, Enfield, CT".
18. Autumn Olive shall be removed from all areas to be developed
19. Those portions of the total site indicated to be conservation easement area shall be first offered to the regional land trust in ownership. If they decline ownership, they shall be offered a conservation easement on the same area. If that too is declined, the town will be offered a conservation easement. Should the Town Council decline the conservation easement, a deed restriction shall be placed on the land records that has all the provisions that would have been contained in a conservation easement. This must be done before the Wetlands Agent may sign the first unit building permit.
20. Snow in excess of that which can be stored on the snow shelf along the edge of the roads shall be removed from the property. The management plan prepared for this development shall expressly prohibit the stockpiling of snow. It shall provide for alternatives such as contracting for removal by truck.
21. The road for each phase shall be completed through the base coat of asphalt before any building permits for units may be signed by the Wetlands Agent.
22. No construction activity shall take place within 100 feet of any vernal pool between March 1 to May 1. If erosion fencing is up, it shall be removed from these areas for this time period.
23. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans titled "Autumn Fields, Senior Residential Development, Elm Street, Enfield, Connecticut, Prepared for: Elm Development LLC, P.O. Box 1201, Enfield, CT 06083," by J.R. Russo & Associates,…1 Shoham Road, East Windsor, Connecticut 06088, Date 5-23-01, Revised to 11-21-01. Any changes which are likely to impact or affect wetlands or watercourses, such as enlargement or reorientation of building footprints, from the plans shall require the permitee to come before the Enfield Inland Wetlands And Watercourses Agency for a Determination of Permit Need (Jurisdictional Ruling).
24. There will be no vegetation removal, erosion control, grading or other construction activities within 100 feet of vernal pool number 1, other than that associated with the watercourse crossing for Quail Hollow Road / and that necessary to establish retaining walls ten feet (10') off the rear foundation line of unit 16, and the side foundation line of 18 Quail hollow Road. The area within 100 feet of vernal pool number 1, shall have invasive plants removed by manual processes and otherwise following the planting plan on sheet 7 of 11.
25. The wetland soils flagging shall be redone so that it is clearly visible to those undertaking construction activities on site. This shall be done and inspected by the Agent before the Agent may sign any building permit applications.
26. The reconstructed outlet berm for detention basin #3 shall be planted with non-woody vegetation. The berm shall be maintained by the entity that shall assume ownership of the common properties. The management plan prepared for this development shall indicate that all woody vegetation shall be removed from the berm at least once each year. This must be in the management plan before the Agent may sign any building permit applications.
27. Cape Cod style curbing shall be utilized along the length of Quail Hollow that encircles vernal pool number#1 (roughly from units 1 and 2 to units 20 and 31).
28. PIPE CPACITY/ENGINEERING
29. LANDSCAPING MATERIALS REMOVAL
30. REMOVE BUILDING ON LOT 16 AND RELOCATE BUILDING ON LOT 18
Vote was 6-0-0. Reason for approval: The project, with mitigation, will not adversely affect wetlands and watercourses.
At 8:47 p.m., a motion was made by Agent Olsen and seconded by Agent Sarno to hold a brief recess. Vote was 6-0-0.
The meeting was reconvened at 8:52 p.m.
Present were: Chairperson Pfeifer-Hall and Agents Bergamini, Olsen, Poirot, Sarno, and Szewczak. Agent Storey was absent. Also present were Jay O. Northrup, Wetlands Agent, and Susan Swiatek, recording secretary.
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 Palumba Drive. [Submitted Jan. 3, Rec'ed Jan. 15, PPE Jan. 30, MAD Mar. 21, SLMAD May 25, 2002.] Mr. Northrup noted that he heard from one interested party, but the person had no concerns as long as the original conditions remained unchanged. A motion was made by Agent Szewczak and seconded by Agent Bergamini to approve IW363 with the 10 standard conditions as well as the following:
11 Roof drainage shall be directed though down spouts to the storm water system on Hazard Avenue.
12 The paved areas shall have curbing.
13 Snow will be stock piled on a portion of the property that is paved and farthest away from the wetlands. A sign shall be placed in the area that reads, "Snow Stock Piling Area."
14 All hazardous materials shall be stored within the Mechanical Room if allowed by State law, or will not be stored on site.
15 Only organic fertilizers shall be used on this property. Fertilizers and pesticides shall not be applied with in twenty-five feet (25') of wetland soils and will be used sparingly and in accordance with a management plan that will be submitted before a permit may be issued.
16 The development of this site will not exacerbate existing stormwater concentrations on abutting properties.
17 All storm water catch basins shall have hooded outlets that will provide for oil separation.
18. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans titled "Improvement Location Plan Prepared for Alan K. Tracy, Enfield, Connecticut: Norton Engineering, Civil Engineering & Land Planning, 34C Depot Street, Broad Brook, Connecticut: William R. Palmberg & Son LLC, Land Surveyors, 112 Main Street, Broad Brook, Connecticut 06016: Dated 11-04-99: Revised to 9-19-00, Per Town Comments." Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement or reorientation of building footprints, from the plans shall require the permitee to come before the Enfield Inland Wetlands and Watercourses Agency for a Determination of Permit Need (Jurisdictional Ruling). Vote was 6-0-0. Reason for approval: The applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
" For Discussion Regarding a Decision:
" IW 336.2, Application of Enfield Ventures, for amendment of a permit granted to Berkshire Development, LLC, (a partner in Enfield Ventures) 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, MPHCD Mar. 21, SLMPHCD May 4, 2002] A motion to table discussion of this application until the meeting of March 5, 2002 in accordance with the applicant's request was made by Agent Szewczak and seconded by Agent Olsen. Vote was 6-0-0.
10. New Business:
IW366, Application of Margaret Pappas, for regulated activities associated with construction of River Meadows Section II subdivision, to be located west of, and on an extension of Meetinghouse Lane (River Meadows Section I)m and off Riverview Street, 650+/- of the intersection with Bridge Lane. [Submitted Jan. 25, Rec'ed Feb. 5, PPE Feb. 19, MAD Apr. 11, SLMAD Jun. 15, 2002] Mr. Timothy Coon of J.R. Russo & Associates and Mr. Michael Gragnolati, soil scientist, represented the applicant and briefly explained the proposed project. The parcel is 31 acres and is primarily in agricultural use. A 27 lot subdivision of single family homes with public water and sewer is planned, with 8 acres being dedicated to open space. The property has an intermittent stream, originating on the adjoining Enfield High School property and discharges into an existing pond on the Pappas property. There is currently a detention basin on Meetinghouse Lane. An additional detention basin will be constructed and connected to the existing basin by equalizing pipes. Oil/Sand separators will be installed. The project proposes to utilize an existing culvert to which improvements will be made, including stabilization of the swale. Stabilization activities would take place within the 100' regulated area. It is anticipated that .089 acre of disturbance would take place within the wetlands and 1.06 acres of disturbance would occur within the regulated area. Mr. Gragnolati noted that most of the flow of water to the wetlands was stopped by the construction of Enfield High School. The property has been in agricultural use for more than 40 years. He distributed photos of the site. Mr. Northrup noted that part of the improvements to the culvert include correcting an erosion problem and asked if fill would be added. Mr. Coon stated that some cutting would be necessary and a small amount of fill would be needed as well as some topsoil for seeding with a wetlands seed mix. After further brief discussion, a motion was made by Agent Szewczak, seconded by Agent Olsen, that this application may cause significant impact and public interest and therefore a public hearing will be necessary and (at the applicant's request) opened at the Agency's meeting of March 5, 2002. Vote was 6-0-0.
IW 367, Application of The Town of Enfield, for regulated activities associated with drainage improvements to accommodate future conditions, to be located on the Enfield School property, 1264 Enfield Street. [Submitted Jan. 30, Rec'ed Feb. 5, PPE Feb. 19, MAD Apr. 11, SLMAD Jun. 15, 2002] Mr. Jeff Bord, Town Engineer for the Town of Enfield explained the proposed drainage improvements. The property is part of the Bemis Brook Watershed, which encompasses 2,310 acres. The high school parcel is approximately 60 acres, with an additional 16 acre parcel for the Enfield Middle School. 9 acres of that 16 acre parcel is piped to drain toward the Enfield High School system. Newly revised plans were distributed to the Agency members. The Town proposes to divert drainage of 9 acres and increase the flow by 12.1cfs in a 25 year storm event. Some 24" pipe will be replaced with 30" and 36" plastic pipe. A sedimentation chamber will be installed and located near the existing maintenance building. Agent Storey's email was read into the record. It stated his concerns that the current system is not working as designed. Flow data was reviewed by the Agency. The design of the pipes and slope will allow a 24" pipe to handle more that the 41 cfs anticipated. After reviewing photos of the outlet area at the river's edge, members expressed concern over possible additional erosion at the outlet. Mr. Bord explained that the existing erosion is in a gravel area and will not become larger. The existing channel will allow the increased flow to spread out and not create additional erosion. After discussion, a motion was made by Agent Olsen, seconded by Agent Sarno, and unanimously voted to continue IW 367 to the Agency's next meeting, scheduled for February 19, 2002.
" Discuss Modifications to Bylaws A motion was made by Agent Olsen and seconded by Agent Bergamini to table discussion of modifications to bylaws until the Agency's next meeting, scheduled for February 19, 2002. Vote was 5-1(Szewczak)-0.
" Next Meeting will be February 19, 2002.
11. Adjourn: A motion was made by Agent Olsen, seconded by Agent Poirot to adjourn the meeting at 9:55 p.m. Vote was 6-0-0.
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