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THESE MINUTES HAVE NOT BEEN APPROVED BY THE AGENCY - THEY ARE PRELIMINARY
OFFICIAL MINUTES AVAILABLE IN TOWN CLERKS OFFICE AFTER APPROVAL
Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, JANUARY 16, 2007
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, January 16, 2007 in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairperson Gretchen Pfeifer-Hall called the meeting to order at 7:34 p.m.
MEMBERS PRESENT: Gretchen Pfeifer-Hall, Chairperson
Thomas Arnone (9:27 p.m.)
Richard Szewczak
Robie Staples
David J. Wawer
MEMBERS ABSENT: Louis V. Tallarita
Michael Mosschetti
Robert LeMay
ALSO PRESENT: Steven Sadlowski, Wetlands Agent
Susan Berube, Recording Secretary
PUBLIC HEARING(S)
1. Call to Order:
The meeting was called to order by Chairperson Pfeifer-Hall at 7:34 p.m.
2. Pledge Of Allegiance:
The Pledge of Allegiance was not recited. The American flag was not present in the meeting room.
3. Roll Call:
Present were: Chairperson Pfeifer-Hall and Agents Staples, Szewczak, and Wawer. Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary.
4. Hearing(s):
IW#453.02 – Town of Enfield (Continued) – Modification of Existing Permit – Proposed stream channel maintenance and restoration involving channel dredging and clearing, excavation and grading within 100 feet of a watercourse. Activity located on properties North of Yale Drive and East of Hillyer Drive and between Yale Drive and Broad Leaf Lanes. Map 19, Lots 153-156, 199-201, and 210-211. [Submitted 11/7/2006, Received, 11/21/06, MPHCD 1/19/07, MPHAD 3/24/07]:
Mr. Jeff Bord, Engineer for the Town of Enfield, represented the applicant. He reviewed changes to the revised plans that he presented to the Agency members.
Mr. Bord explained that the gabion wall previously proposed at 46 Yale Drive has been removed. The channel was shifted to the west and a 2:1 side slope will be maintained, eliminating the need for a fence.
Existing fences are now shown on the plans. Most will be reset. Most are 4’ chain link type fences. If they cannot be reset, they will be replaced.
Several trees are to be removed; as many as possible will be saved.
The plans show the areas to be wetland seed mix and the areas to be landscape mix.
Also, at the bend at the lower section, the width was lengthened and softened.
The entire channel is to be a rip rap bottom, 3’ wide with a 2:1 slope.
Mr. Sadlowski reviewed photos that he took recently which show existing conditions. He stated that the site is relatively stable although high water flow may disrupt the existing hay bales.
It is anticipated that the area where the gabion wall was located will remain at existing grade.
Agent Szewczak asked if the curve has been streamlined.
Mr. Bord replied that it has. The object is to have the water at the inlet flow through the channel into the plunge pool further downstream. This saves the cost of the gabion and eliminates safety issues of a wall and the need for fencing.
Mr. Sadlowski added that the fence should be out of the channel except during extreme rain events.
Mr. Sadlowski suggested protection of the trees that are to be saved, such as wrapping them with 2x4’ boards.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against this application.
A motion was made by Agent Szewczak and seconded by Agent Wawer to close the public hearing on IW#453 at 7:52 p.m. Vote was 4-0-0.
A motion was made by Agent Wawer and seconded by Agent Staples to close the public hearing portion of the meeting at 7:53 p.m. Vote was 4-0-0.
REGULAR MEETING
1. Call to Order:
The regular meeting was called to order by Chairperson Pfeifer-Hall at 7:54 p.m.
2. Roll Call:
Present were: Chairperson Pfeifer-Hall and Agents Staples, Szewczak, Wawer and Arnone (9:27 p.m.)
Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary.
A motion was made by Agent Wawer and seconded by Agent Staples to add the following items to the agenda under the section “Other”: c. Discussion of Connecticut River Assembly and d. Approve proposed 2007/2008 fiscal year budget. Vote was 4-0-0.
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:
The following items of correspondence were received:
· Memo from Virginia Higley regarding 2007 schedule of meetings;
· letter from Mr. Sadlowski to Cox Communications, dated 1/4/07 regarding stabilization work needed at 5 Niblick Road;
· certified warning letter from Mr. Sadlowski to Edward Joaquim, dated 1/10/07 regarding trees cut on Town owned property
· Letter from Mr. Sadlowski, dated 1/4/07 to Marion Gegetskas regarding wetlands crossing on Old Abbe Rd/Pleasant Road
· Notice of upcoming session on CT Land Use Law for Municipal Land Use Agencies, Boards, and Commissions on 3/17/07
· Copy of letter from Attorney Martin Burke to Senator John Kissel dated 12/29/06 and associated letters dated 9/22/06, 10/18/06 and 12/22/06 regarding property at 300 Broad Brook Road owned by Charles Ladkofsky
· Letter from CT D.E.P. dated 1/3/07 regarding planned dam construction/repair at Crescent Lake
6. Commissioner’s Correspondence:
There were no items brought up for discussion.
7. Approval of Minutes – December 13th, December 19th:
A motion was made by Agent Szewczak and seconded by Agent Wawer to approve the minutes of the Special Meeting of December 13, 2006 with the following amendment: page 3, 4th paragraph, 1st sentence, add: “he” after “although”. Vote was 3-0-1(Staples).
A motion was made by Agent Szewczak and seconded by Agent Wawer to approve the minutes of the meeting of December 19, 2006 with the following amendments: page 2, 4th paragraph, 3rd sentence, remove “and” after “gabion”; page 3, 3rd paragraph from bottom, remove “3” from “346”; page 4, last paragraph, remove “w” from “now”; page 5, 8th paragraph, change “hard” to “yard”; page 8, 3rd paragraph from bottom, 2nd line, change “fro” to “for”; page 9, 3rd paragraph, 2nd sentence, after “favor”, remove “to”; 10th paragraph, 2nd sentence, change “roof” to “room”; page 13, condition #21, remove spacing in vote results so that it reads: “Vote was 1(Staples)-3-0.”; page 14, 4th paragraph, 2nd sentence, change “now” to “no”. Vote was 3-0-1(Wawer).
8. Wetlands Agent Report – October December 19 through January 15
Mr. Sadlowski reported that Karios Properties has filed a lawsuit in response to their denial of IW#473.
He also reported that he visited the subdivision at Bacon & Shaker Roads. Several items need to be addressed before the bond is released.
9. Old Business
IW#453.02 – Town of Enfield – Modification of Existing Permit – Proposed stream channel maintenance and restoration involving channel dredging and clearing, excavation and grading within 100 feet of a watercourse. Activity located on properties North of Yale Drive and East of Hillyer Drive and between Yale Drive and Broad Leaf Lanes. Map 19, Lots 153-156, 199-201, and 210-211 [Submitted 11/7/2006, Received, 11/21/06, MPHCD 1/19/07, MPHAD 3/24/07]
Mr. Sadlowski noted that the conditions of the original permit are still in effect.
Agent Szewczak noted that the resident of 62 Broadleaf was concerned over the existing gap in his fence; this item will be addressed in the project, if not before.
A motion was made by Agent Szewczak and seconded by Agent Wawer to approve IW#453.02 with the original 19 conditions of approval in addition to the following:
#20 fences removed during this or previous work to be replaced or re-installed so that they serve their purpose.
#21 Trees that are not going to be removed, and are near the area of work that may be damaged by the heavy equipment, shall be armored as recommended in the 2002 CT Guidelines for Soil Erosion and Sediment Control (5.1.11).
#22 With the exception of the addition of the items stated in these conditions, this application to modify previous permit IW#453 is approved in accordance with the plans entitled “Broad Leaf Lane To Yale Drive Drainage Channel Improvement", dated November 7, 2006 Sheets 1 through 5; revised through 12/27/06; Prepared by Jeffery Bord, P.E., L.S, Town of Enfield Public Works - Engineering Division. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement of area of disturbance, 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 4-0-0. Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
10. New Business
IW 476 - David Turner. Proposed construction of a wetland crossing for a residential driveway (.08 Acre impact) and construction of a home within the upland review area (.7 Acre impact). Property located on Post Office Rd. (Map 47, Lot 44) Zoned I-1. [Submitted 12/22/06; Received 1/16/07, PPE 2/30/07, MAD 3/21/07]:
Mr. Dana Steele, Engineer for J.R. Russo & Associates, represented the applicant.
Mr. Steele explained that this is a 5.9 acre parcel on the south side of Post Office Road, adjacent to another piece of property owned by the same family.
The applicant is proposing to build one single family home and have the land used in farming. The property is currently under agricultural use, as a hay field.
There are 2 watercourses and a wetland on the property.
The applicant is proposing to build a house, barn and shed and an access drive which will be a combination of pavement and gravel. These are all located in the upland although there will be one wetland crossing for the driveway access.
The applicant considered to other spots for the crossing, one to the east and one to the west, but this one is the shortest and has the least impact.
The applicant is also proposing to build a fence to enclose an area for future cows at the proposed barn. The remainder of the land will remain as hay field.
Mr. Steele went on to say that the property does not look like wetlands because of the farm activities occurring there. The function and value of the wetlands is limited to flood control and water quality treatment. The proposed disturbance will not change the functions or values.
The home will be serviced by sewer. The applicant proposes to connect to the lateral on the west side of the site, creating a temporary disturbance for connection to the sewer.
Chairperson Pfeifer-Hall asked how much of the land is being hayed right now and what exactly is the watercourse?
Mr. Turner of 23 Davis Avenue and Mr. Steele explained that all of the property is currently being hayed, except for the existing wooded area.
The watercourse is a low area which occasionally dries up. It connects to the watercourse from the Town’s drainage system.
In response to another question by Chairperson Pfeifer-Hall, Mr. Turner stated that there will be 2 to 4 cows within the fenced area.
Chairperson Pfeifer-Hall expressed concern over the animals’ use of the wetlands, stating that the area is now mowed, but the animals will be walking through and fouling the wetlands.
In response to another question by chairperson Pfeifer-Hall, Mr. Turner stated that the barn will have a cement floor, although he is not sure if the barn will be constructed of steel or wood. One section will be for animals and the other section will be for equipment.
Mr. Steele explained that the applicant is proposing to build a 2 story colonial home but the basement will be above the existing grade, for a walk-out basement. The water table will be below the basement level. There will be fill along the garage and front of the house. From the back, the house will look like it is 3 stories, because of the exposed basement but from the road, only the 2 stories of living area will be visible.
Chairperson Pfeifer-Hall noted that the proposed house area is “an island” and asked if the applicant considered “flipping” the house so as to have less driveway.
Mr. Steele stated that this would require having a basement garage because of the grades.
He added that the property will be serviced by a well. The barn will be away from the house and existing home nearby.
Chairperson Pfeifer-Hall stated that she would like to find a better way to site the buildings, further from the wetlands.
Mr. Steele proposed moving the shed closer to the property line.
Agent Szewczak suggested that the shed may not be necessary if there is also a barn. He suggested that something be eliminated or combined because of the tight area, such as storing equipment in the barn to eliminate the need for the shed.
Chairperson Pfeifer-Hall expressed concern over fuel being stored in the barn, in close proximity to the wetlands.
Mr. Steele explained that Mr. Turner would like separation of personal items from farm items. He understands the concerns over the proximity to the wetlands.
Mr. Steele added that if this were strictly residential, he would expect to have a buffer but the area is already disturbed by agricultural activities. Storm water management and water quality are currently the main functions and this proposal won’t change the functions.
Agent Szewczak agreed that the regulations are more lenient for agricultural use, however, a house is being proposed also and this is not a means of right.
Mr. Steele countered that the Agency needs to look at whether or not the house and construction will change the functions of the wetlands and this proposal will not.
Agent Szewczak stated that this is why the Agency needs to know about activities for the barn and shed. He added that things have a way of getting away from their original intent.
Mr. Steele stated that Mr. Turner would be willing to eliminate the shed to alleviate concerns of the members.
Chairperson Pfeifer-Hall stated that she is not as concerned over the shed. She is more concerned over the location of the barn. The back side is approximately 5’ from wetlands.
She added that she is concerned over homes being built in this type of situation. Contractors and homeowners get careless and expand where they are not supposed to.
Mr. Turner asked if it would be better to have a dirt floor or cement floor for the barn?
Mr. Sadlowski stated that concrete flooring would be better to stop spills from spreading.
Chairperson Pfeifer-Hall asked Mr. Sadlowski to check on regulations regarding allowing farm animals to go through wetlands.
Mr. Sadlowski added that it would be impractical to allow farm animals to go where it is very wet.
Agent Szewczak asked if any culverts will be provided.
Mr. Steele replied that there is an existing culvert inlet to the east and also one to the west. This is a natural high point with the water to sheet-flow away.
Agent Szewczak expressed concern over creating an isolated spot.
Mr. Steele explained that water will flow away from the high point. Existing catch basins are already on the property, not in the street.
Members discussed the potential need for holding a public hearing on this application.
Agent Szewczak noted that the parcel is landlocked. If the property is sold in the future, the Agency needs to put conditions on the permit in order to notify future owners of the limitations of the property, if it is not used for agricultural activities.
Chairperson Pfeifer-Hall asked if Mr. Turner will cut the hay on the property or if it will be rented out.
Mr. Turner explained that someone else may have to cut the hay until he gets the proper equipment but all of the hay will be used on site, by his animals.
A motion was made by Agent Wawer and seconded by Agent Staples that a public hearing is not necessary for this application and to table discussion to the meeting of January 30, 2007 at 7:00 p.m. in the council chambers. Vote was 4-0-0.
IW #477 - Tim Fortune. Proposed new home constructed within 100 feet of a watercourse and within the upland review area (.13 acre impact). Property located on Steele Road (Map 047, Lot 44) Zoned R-33. [Submitted 12/29/06, Received 1/16/07, PPE 2/30/07, MAD 3/21/07]:
Mr. Tim Fortune represented the applicant. He explained that the Agency approved 2 building lots in November at this site.
He has added a row of arborvitae along the drainage ditch. He will also consider additional plantings as recommended by David Askew.
Mr. Fortune stated that he is proposing a raised ranch type home, approximately 24’x30’ with footing drains going from the rear of the house to the west.
Chairperson Pfeifer-Hall asked if the land on the other side of the arborvitae would remain undisturbed.
Mr. Fortune replied that it would remain in its’ natural state.
Chairperson Pfeifer-Hall noted that a previous concern was that the conservation easement did not encompass this area.
Mr. Fortune asked if the conservation easement should go up to the arborvitae.
Chairperson Pfeifer-Hall stated that it should, up to Jean’s property line, from the rear of Smith’s.
Mr. Fortune stated that it will encompass the entire rear property line, up to the 25’ setback, if it is agreeable to the current property owner.
Members discussed the potential need for a public hearing for this application.
Agent Staples noted that the proposed plans were not dated by Mr. Gragnolati and asked if these have been updated.
Mr. Fortune stated that they are the updated plans and he will have Mr. Gragnolati date them as such.
Agent Wawer stated that he does not feel that a public hearing is necessary. The information was already discussed at previous meetings.
A motion was made by Agent Wawer and seconded by Agent Staples that a public hearing is not necessary for this application and to table discussion to the meeting of January 30, 2007 at 7:00 p.m. in the council chambers. Vote was 4-0-0.
DPN 2006-12-15 - Charles Mastroberti. Installation of a “turn-out” (shed) for the keeping of animals within 100’ of wetlands. Requesting Agricultural Exemption for the construction of this shed, which is already installed:
Mr. Charles Mastroberti represented the applicant. He explained that there is an existing cart road to the west.
Agency members reviewed photos provided by Mr. Mastroberti.
Mr. Mastroberti stated that 4 acres have been approved for the PA490 program, for farm use. He had 4 llamas, 2 sheep and 2 goats at the rear of the property. They have been moved to the front of the property where he has erected a “turn out shed”.
He stated also that there are 2 existing cart roads – one to where the animals were located and one to where they are currently located.
Chairperson Pfeifer-Hall asked if the animals’ current location is temporary or permanent.
Mr. Mastroberti replied that he would now like it to be permanent. The animals can be seen from both the house and the road. It is an upland area.
Agent Szewczak asked if the existing cart path can be used.
Mr. Mastroberti replied that it can. An additional barn may need to be built in the future, for hay storage. Water is brought down by hose, unless it is too cold; then it is brought by bucket.
Chairperson Pfeifer-Hall verified that Mr. Mastroberti is not planning on creating a path.
Mr. Mastroberti replied that he is not.
Chairperson Pfeifer-Hall noted that Mr. Mastroberti is requesting an agricultural exemption and asked Mr. Sadlowski if a permit is needed.
Mr. Sadlowski reviewed farming activities from the IWWA regulations.
Chairperson Pfeifer-Hall noted that the applicant provided documentation that he is operating a farm and she feels that a permit is not needed.
Agent Wawer agreed, stating that he supports the growth of farming and feels that Mr. Mastroberti is going in the right direction now.
A motion was made by Agent Wawer and seconded by Agent Szewczak that a permit is not needed for this application. Vote was 4-0-1(Arnone)
11. Other Business
- Bob Gegetskas, Old Abbe Rd., Wetlands crossing repairs discussion.
Mr. Sadlowski explained that while he was at a nearby site, he noticed that a crossing had been disturbed on this property. The crossing was unstable.
David Askew viewed the site and agreed that the crossing was unstable and needs to be addressed quickly.
Mr. Askew recommended laying down a blanket, course gravel, and then rip rap. Mr. Askew would not recommend specific depth or sizing of the materials.
Mr. Gegetskas has some concrete material that he would like to use.
Mr. Bord has stated that he is willing to meet with the applicant and work with him to determine the size of rip rap to be used, as well as instructions on installation of the materials.
This will be considered a permanent repair.
Mr. Gegetskas stated that the crossing was the original road to Depot Hill Road and then across to the Connecticut River. He added that over the years, he has lost over 50’.
Chairperson Pfeifer-Hall read Mr. Askew’s letter regarding this site into the record.
Mr. Sadlowski added that the soil is like sticky clay. It will wash away in a heavy rain. The rip rap is a structural means of holding the banks. According to the regulations, only a Professional Engineer is able to determine the correct rip rap size.
The fabric will be put down first. It will be reshaped and then gravel will be laid sown and finally, rip rap will be placed over the gravel.
Agent Szewczak suggested that the owner return to the IWWA once the Town Engineer comes up with a recommendation. There is no need to wait on commencing the work, once the engineer gives his recommendations. The Agency members just want an update as to what was done.
Chairperson Pfeifer-Hall asked how long the actual work will take.
Mr. Gegetskas stated it would be one or two days, at the most.
Mr. Sadlowski added that the bridge is in a low spot and is a cause of erosion itself.
Mr. Gegetskas agreed, noting that he has called the Town numerous times on this, but has been met with deaf ears.
Agent Wawer stated that the project should move as expeditiously as possible. Since the Town’s engineer is willing to work with the applicant, he feels comfortable to leave it in Mr. Bord’s hands and have Mr. Gegetskas report back when it is done.
It was the consensus of the Agency members to allow Mr. Gegetskas to work with the Town’s Engineers and get the repairs done as quickly as possible. The Agency Members also requested photos of the finished site and a detailed report including drawings and written instructions from the Town’s Engineers.
- Kory Groszyk, 30 Parker Street, Debris in wetlands discussion:
Mr. Sadlowski explained that an area with a 30’ slope has been eroding. It has been filled in over the years, mainly recently.
An area of 15-20’ wide and 15-20’ out all the way down the slope has been filled with furniture, dimensional lumber, plastic and other debris.
Mr. Sadlowski stated that he had hoped that the owner would have attended this evening to work out a timetable to remove the debris. However, the owner is not in attendance.
Mr. Sadlowski will enter a Notice of Violation on the land records and asked how far the Agency members wished to pursue the matter, given the fact that the property may be foreclosed on in the near future.
Chairperson Pfeifer-Hall felt that the usual procedures should be followed, to show a paper trail and effort on the Agency’s part to have the matter resolved.
Mr. Sadlowski stated that the next step will be a Cease & Desist order which would require a Show Cause Hearing. The mailing of the letter will be timed so that the Hearing can be included on the next regular meeting agenda. It is unlikely, however, that the owners will do anything because the property will likely be lost to foreclosure.
Chairperson Pfeifer-Hall stated that this is why the Agency needs to follow procedures so that there is a record and any appraiser or title searcher will see the Notice of Violation on the land records.
It was the consensus of the Agency members to follow procedures in the violation process including, but not limited to issuance of a Cease and Desist Order.
- Discussion of Connecticut River Assembly
Mr. Sadlowski explained that there has been discussion to eliminate this organization. The Assembly reviews projects that directly affect the Connecticut River.
Chairperson Pfeifer-Hall stated that she presented this information to the Conservation Commission recently. It is difficult to find volunteers for the Assembly.
They have reviewed numerous projects and made recommendations.
Chairperson Pfeifer-Hall added that she feels it is a valuable organization by helping to back up local agencies. She hopes they remain in effect and effective.
The Connecticut River has improved over the past 20 to 30 years. This organization s a perfect example of regional thinking.
Agent Arnone agreed. He noted and expressed concern that 2 towns, East Windsor and Windsor Locks may have left the Assembly.
Chairperson Pfeifer-Hall stated that members are appointed by the Town Council. Natalie George of the Conservation Commission has volunteered to be part of the Assembly.
Mr. Sadlowski noted that in Enfield, the area covered goes from the railroad to the River.
Chairperson Pfeifer-Hall stated that she would like to send a letter from the IWWA in support of continuing the Connecticut River Assembly.
It was the consensus of the Agency members that Chairperson Pfeifer-Hall will work with Mr. Sadlowski to draft a letter in support of continuance of the Assembly.
- d. Approve proposed 2007/2008 fiscal year budget.
Members reviewed the proposed budget. Agency members were in agreement that line items need to be at current levels or increased, especially for publications.
Members also discussed the line for secretarial services, expressing concern over the need to have enough funds to cover special meetings and the numerous meetings that last 4 hours or more. It is anticipated that there will more late meetings and law suits requiring transcripts to be typed in the coming budget year.
A motion was made by Agent Arnone and seconded by Agent Wawer to approve the proposed 2007/08 budget as presented. Vote was 5-0-0. It was the consensus of the Agency members that if necessary, a request will be made to the Town Council during the budget year if there is a shortfall in line item for recording secretary due to the lengthy meetings.
• Next regular meeting is Tuesday, January 30, 2007 at 7:00PM in the Council Chambers.
12. Adjourn
A motion was made by Agent Arnone and seconded by Agent Staples to adjourn the meeting at 10:15 p.m. Vote was 5-0-0.
Respectfully Submitted,
___________________________
Thomas Arnone, Secretary
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