Inland Wetlands and Watercourses Meeting
MINUTES OF A REGULAR MEETING
TUESDAY, December 4, 2007
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, December 18, 2007 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairperson Gretchen Pfeifer-Hall called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Gretchen Pfeifer-Hall, Chairperson
Karen Camidge
Robert LeMay
Michael Littlejohn
David Wawer (7:03 p.m.)
MEMBERS ABSENT: Thomas Arnone
Ryan Bartosz
Robie Staples
Michael Mosschetti
ALSO PRESENT: Steven Sadlowski, Wetlands Agent
Susan Berube, Recording Secretary
PUBLIC HEARING(S)
(No Public Hearings Scheduled)
REGULAR MEETING
1. Call to Order
The meeting was called to order by Chairperson Gretchen Pfeifer-Hall at 7:00 p.m.
2. Pledge of Allegiance:
The Pledge of Allegiance was recited.
3. Roll Call:
Present were: Chairperson Gretchen Pfeifer-Hall and Agents Camidge, Lemay, Littlejohn, and Wawer (7:03 p.m.). Agent Littlejohn was seated as a full voting member for this meeting by Chairperson Pfeifer-Hall.
Also present were Steven Sadlowski, Wetlands Agent, and Susan Berube, Recording Secretary.
4. Executive Session
Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements:
There were no items for discussion in executive session.
5. Public Participation – Issues of concern not on the agenda:
No one in the audience came forward to speak.
6. Correspondence:
Seven items of correspondence were received:
· Authorized Agent Approval by Mr. Sadlowski to Larry Lacombe, 143 Cottage Road for installation of new deck within 100’ of a watercourse, dated 12/07/07.
· Letter dated 12/10/07 from Mr. Sadlowski to Patrick Palmieri regarding cutting of trees on lot on Middle Road.
· Letter from Town Clerk Suzanne Olechnicki to Ryan Bartosz regarding his appointment as alternate member to the Enfield IWWA, dated 12/05/07.
· Listing and contact information for IWWA Agency and staff members.
· Aerial photos of erosion issues possibly to be addressed by the Town.
· Notice of new ERT brochure produced by the Eastern Connecticut Resource Conservation and Development Council.
· Article from October 2007, Volume 59, No. 10, Page 3 Planning and Environmental Law regarding private property rights.
Chairperson Pfeifer-Hall noted that the Town Council recently allocated $40,000 to address the Gordon Lane erosion issues. She asked if an IWWA permit application will be forthcoming.
Mr. Sadlowski explained that the allocation is only for removal of several trees, deemed to be in potential danger of falling over. If that happened, much of the embankment would go with the trees.
Chairperson Pfeifer-Hall stated that an IWWA permit should be obtained because the work could affect a watercourse, especially if seeding is to be done after the trees are removed.
Mr. Sadlowski stated that he does not believe that any excavation will take place. Work will be done by hand and he will work closely with the Public Works Department to determine how and when the trees will be removed. He stated that due to the location and angle of the trees, it will be a difficult project.
Chairperson Pfeifer-Hall stated that the anticipated difficulty of the tree removal is an even more compelling reason to apply for a Determination of Permit Need, at the very least.
Mr. Sadlowski reiterated that there will be removal of only a few trees. The Public Works Department had originally wanted to remove approximately 40 trees but was told by both Mr. Sadlowski and Mr. Askew that such a large scale tree removal would damage the entire bank.
The trees that are slated to be removed are dead. One is overhanging a house, right next to the ravine.
He added that the trees are located on private property and permission to remove the trees will be required from the landowner.
He also noted that the majority of the erosion projects are located on private property.
Chairperson Pfeifer-Hall expressed her concern and her opinion that the Town needs to set standards. If the Town expects its’ residents to follow rules and regulations, then the Town needs to do the same.
She added that Mr. Sadlowski is the IWWA’s eyes and ears and it is his responsibility to make sure that the Town follows the rules, as well as the residents.
Mr. Sadlowski stated that if the IWWA insists that the Town obtain an IWWA permit, he will inform the proper department. He reiterated that the project is only for cutting down a few dead trees, not for clear cutting. If heavy equipment is required, he agrees that an IWWA permit would be necessary.
He reported that there will be an on-site meeting on January 3, 2008. Chairperson Pfeifer-Hall is welcome to attend; details will be emailed to all members.
As a final note, he stated that he is unsure if the project will actually take place.
Chairperson Pfeifer-Hall noted that the member listing needs to be corrected to show that Agent Lemay is now secretary and Agent Arnone, for the time being, is Vice Chairman.
7. Commissioner’s Correspondence:
Chairperson Pfeifer-Hall reported receiving a letter of resignation from David Kiner, dated 12/15/07, effective 12/17/07, due to his recent appointment to Town Council.
8. Approval of Minutes –December 4, 2007:
A motion was made by Agent Camidge and seconded by Agent Wawer to approve the minutes of the meeting of December 4, 2007 with the following amendments: last sentence on page 3, continuing onto page 4, delete “IWWA regulations regarding areas of IWWA oversight” and replace with “What’s Legally Required regarding areas of Conservation Commission oversight”; page 6, 3rd paragraph, delete “lease”, replace with “least”; 5th paragraph, at end of sentence, add: “Vote was 5-0-0.”; page 7, 6th paragraph, add the letter “a” to “are”, creating “area”. Vote was 3-0-2(Littlejohn and Lemay).
9. Wetlands Agent Report –December 4, 2007 to December 18, 2007:
Mr. Sadlowski noted that the representative from the Connecticut Water Company did not receive notification of the December 4, 2007 meeting in time to attend and present information on IWWA DPN application 2007-11-15.
He added that he has not received a response from the Town’s Attorney regarding questions that the Agency members had on farm exemptions related to the next application.
Mr. Sadlowski briefly reviewed the Agent’s Report and provided updates on the Fletcher Road and JFK School projects.
He stated that for the Fletcher Road project, there was only enough funding for the drainage swale itself, not for repairs to the culvert. Matting and hay was laid down before snow fell.
Mr. Sadlowski provided photos of the JFK project. The contractor is still working on the slopes but the project looks good. The contractor hopes to be finished by the end of the year.
10. Old Business
a. DPN 2007-11-26 Robert Robbins – Construction of a farm building within the regulated area. 29 Weymouth Road (Map 17, Lot 53) zoned R-33. Applicant requesting exemption under section 4.1a of the Agency’s Regulations:
Mr. Robert Robbins of 29 Weymouth Road represented the applicant.
Chairperson Pfeifer-Hall explained that the Agency had reviewed Mr. Robbin’s application at the previous meeting and had questions about the proposed structure.
Mr. Sadlowski reported that Mr. Robbins has provided a drawing of the proposed structure.
Mr. Robbins explained that at the back end of the building, the floor will be 3 to 4 feet higher than the wetlands and will have a foundation wall. There will not be a basement, therefore there will be no need to back-fill.
Mr. Robbins also stated that he is unsure if the building will be constructed of metal or “stick built”. Cost will be the determining factor.
In response to Chairperson Pfeifer-Hall’s concern regarding a need for backfill, Mr. Robbins stated that the foundation will be like a garage foundation.
There will not be any floor drains; he is not planning on washing anything inside the building.
Mr. Sadlowski noted that if floor drains were to be used, additional types of permits and inspections would be required, as well as the use of an oil/water separator.
Chairperson Pfeifer-Hall noted that the area immediately behind the proposed barn is wetland and the IWWA would not want to see fill brought in. Discussion had taken place at the December 4, 2007 IWWA meeting regarding a farm use exemption for this application.
A motion was made by Agent Wawer and seconded by Agent Lemay that a permit is not needed for this application. Vote was 4-0-1(Littlejohn).
Agent Camidge requested that the Town’s Attorney still provide a legal opinion regarding farm exemptions.
Mr. Sadlowski noted that he recently attended a seminar and found that statements in the Town’s regulations regarding a farm’s “use of right” and the filling of wetlands and the filling of a watercourse are two separate statements and therefore wetlands cannot be filled. He added that he will confirm this with the Town’s attorney.
11. New Business
-none-
12. New Applications to be accepted
As presented by the Agent to the Agency at the meeting, if applicable.
No new applications were presented.
13. Other Business
• Next regular meeting is Tuesday, January 15, 2008 at 7:00PM in the Council Chamber.
13. Adjourn:
A motion was made by Agent Wawer and seconded by Agent Lemay to adjourn the meeting at 7:38 p.m. Vote was 5-0-0.
Respectfully Submitted,
___________________________
Robert Lemay, Secretary