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These are preliminary and not yet approved by the Agency. For actual approved minutes, please see the Town Clerk.
Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, MARCH 13, 2007
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, March 13, 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
Thomas Arnone
Robert LeMay
Richard Szewczak
Louis V. Tallarita
MEMBERS ABSENT:
Robie Staples
Michael Mosschetti
David J. Wawer
ALSO PRESENT: Steven Sadlowski, Wetlands Agent
Susan Berube, Recording Secretary
PUBLIC HEARING(S):
None
REGULAR MEETING
1. Call to Order:
The regular meeting was called to order by Chairperson Gretchen Pfeifer-Hall at 7:00 p.m.
2. Roll Call:
Present were: Chairperson Pfeifer-Hall and Agents Arnone, LeMay, Szewczak and Tallarita. Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary. Agent LeMay was empowered to vote for this meeting.
3. Pledge Of Allegiance:
The Pledge of Allegiance was recited.
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.
a. Discussion with Attorney Carl Landolina on Longhi court case status.
Mr. Sadlowski explained that Mr. Landolina was not immediately available, but may arrive during the course of the meeting.
A motion was made by Agent Arnone and seconded by Agent Tallarita to table Executive Session to “Other” on the agenda. Vote was 5-0-0.
- Public Participation - Issues of concern not on the agenda:
No one in the audience came forward to speak.
5. Correspondence:
Five items of correspondence were received:
· Copy of permit issued to State of CT, Dept. of Environmental Protection to repair the dam at Crescent Lake, dated February 16, 2007
· Memo from D.E.P. dated February 20, 2007, regarding upcoming availability of 2007 Best Management Practices Guide for Water Quality While Harvesting Forest Products
· Article on Rain Gardens
· Article on Greenscapes
· Book by Aldo Leopold
6. Commissioner’s Correspondence:
Chairperson Pfeifer-Hall reported that she received one item of Commissioner’s Correspondence, “Connecticut State of Birds” by the Connecticut Audubon Society.
7. Approval of Minutes – February 27, 2007:
A motion was made by Agent Szewczak and seconded by Agent Tallarita to approve the minutes of the meeting of February 27, 2007 with the following amendments: page 5, 3rd paragraph from bottom, amend to read: “Chairperson Pfeifer-Hall, referencing the Agent’s Report from September 7, 2006, noted that a pile of rip rap was on site to be used at the wetland crossing. Staff indicated that the Plans required mitigative plantings, not stone”. Page 6, 2nd paragraph from bottom of page, strike “stated”, insert “asked if”; strike “except that”, insert “and if”; strike “would be allowed”, insert “was proposed to remain”. Vote was 4-0-1(LeMay).
8. Wetlands Agent Report - January February 27 – March 8:
Mr. Sadlowski noted that during heavy recent rains, CL&P personnel noticed oil leakage from an underground transformer located at 52 Monroe Road. Testing confirmed that the transformer held oil containing PCB’s. The soil surrounding the transformers was removed, along with the transformer itself. Fresh soil and a new above ground transformer were installed. Testing revealed no contamination to the surrounding soils beyond that whichwas removed. Further testing will be done by CL&P on the nearby catch basin, pipe and brook to see if the PCB’s migrated. If so, remediation would be done by CL&P. The Connecticut D.E.P. is aware and monitoring the situation.
Mr. Sadlowski added that he has requested that CL&P inspect all underground transformers, at least in that neighborhood.
Members held brief discussion on this and Agent Arnone mentioned that CL&P has a replacement program for transformers containing PCB’s; it’s just a matter of time until they are all replaced.
Mr. Sadlowski also reported that the owners of 30 Parker Street will not be allowed to bring their debris to the Transfer Station at no charge.
Members discussed this issue at some length. It is understood that the owners have financial issues which may prevent them from removing and properly disposing of the debris on the property.
Mr. Sadlowski suggested that at this point, it would do no good to take the case to court. It might be better to wait and see if the owners take any action to remove the debris on their own.
Chairperson Pfeifer-Hall asked if anything could be done to compel the owners to begin removing the debris.
Mr. Sadlowski stated that he believes the owners will make a good faith effort but will not be finished within a few months and that it would be fruitless to push the issue.
He added that the Cease & Restore Order is filed on the Land Records. He will visit the owners once the ground has thawed completely to see if any progress is being made or if the hardship issue is any better or worse.
Agent Arnone asked why the Town Manager did not agree to allow the owners to bring in their debris at no charge.
Mr. Sadlowski replied that he was not given a clear reason but was under the impression that it might start a trend.
He added that the owner indicated to him that they did provide financial records to prove hardship.
Agent Szewczak asked if the Agency has any funds in it’s budget that would cover the transfer station fees if the owners do all of the work.
Mr. Sadlowski answered that he was unsure if the use of budgeted funds for matters other than designated budget items would be allowed.
Chairperson Pfeifer-Hall noted that the Conservation Commission sponsors the Connecticut River Cleanup one-day program each fall. The program has expanded to the Scantic River and other areas within the Connecticut River watershed. The funds do not come from the Conservation Commission’s budget funded by the Town.
Perhaps the Conservation Commission would consider this site as part of its’ one-day project, if the owners brought the debris to the curb.
She stressed that this project does not take place until fall and there is no guarantee that the Commission would agree to it. She would prefer that the owners deal with the removal and disposal of the debris long before October.
She suggested that the owners be contacted once per month to see if any progress has been made or planned.
Agent Arnone noted that the owner has a trailer and stated he was willing to provide the labor to remove the debris.
He added that this problem will not disappear, especially since the State knows that the situation exists.
Mr. Sadlowski suggested contacting the owners and offering the Conservation Commission’s assistance if the owners show an effort is made prior to the October collection date.
Chairperson Pfeifer-Hall disagreed, stating that she is not positive that the Conservation Commission would be agreeable and also that she does not want to encourage the owners in any way to put off removing and disposing of the debris.
9. Old Business
a. IW #478 Charles Mastroberti – Permit to remove fill that was placed in wetlands outside of the permit conditions and restore the wetlands to a natural state. Property located at #54 Weymouth Road (Map 16, Lot 40), zoned R-33. Submitted 2/7/07; Received 2/13/07; PPE 2/27/07; MAD 4/18/06.
Charles Mastroberti represented the applicant.
Members reviewed copies of the original plans as provided by Mr. Sadlowski.
Chairperson Pfeifer-Hall stated that she met with Mr. Mastroberti and Mr. Sadlowski at the site. She asked if a white pipe sticking out of the ground was supposed to show where the end of the downspout discharge was located. She also asked if there is yet another white pipe because only 2 show on the plans.
Mr. Mastroberti was not positive, but thought that was the purpose of the pipes and added that they may be interconnected.
He also noted that Mr. Angus had inspected and found the splash pads to be fine. The only other discharge pads are where the curtain drains are tied in.
Members reviewed photos taken by Chairperson Pfeifer-Hall on the day of her visit to the site.
Mr. Mastroberti stated that he has not had a chance to repair erosion since the lawn has been in place.
Chairperson Pfeifer-Hall stated that she feels that the grade in the front is too steep. She added that she had trouble backing out of the driveway and understands why that area was filled in.
Also, regarding the wetland crossing that contains rip rap, she noted that Mr. Mastroberti had been reminded by Mr. Angus that plantings were to be made.
Mr. Mastroberti stated that the use of the rip rap was at the recommendation of the driveway expert that he hired.
Mr. Mastroberti went on to say that he spent a lot of money on things and it would be expensive for him to now remove the rip rap and install plantings.
Chairperson Pfeifer-Hall reiterated that he was told not to use rip rap.
Mr. Mastroberti stated that the rip rap was already in place when Mr. Angus inspected the crossing.
Chairperson Pfeifer-Hall disagreed and read a portion of the Wetland Agent’s Report dated September 7, 2006 which stated that the rip rap pile was on site and was not to be used on the slopes. Plantings were to be made.
Mr. Mastroberti stated that he would not have a problem with removing the rip rap and putting in plants but again stated that he spent a lot of money on the rip rap and used plantings also.
Chairperson Pfeifer-Hall stated that she understood that it is a challenging site to develop and the Agency took a lot of thought in developing the conditions.
Mr. Mastroberti stated that several mistakes were made and used the example of the engineer’s use of 1 ½” sewer pipe. His plumber later told him that 2” pipe is the normal size and that it would need to be replaced.
Chairperson Pfeifer-Hall reminded Mr. Mastroberti that he agreed to the original conditions of approval to use mitigative plantings.
Mr. Mastroberti stated that if the Agency wishes, he will replace the rip rap with the plantings, although his experts have told him that rip rap will work just as well.
Agent Arnone agreed with Chairperson Pfeifer-Hall that the crossing should be brought into agreement with the original plans.
Agent Szewczak also agreed. He stated that the Agency sympathizes with the applicant but Mr. Mastroberti needs to realize that he agreed to the conditions of approval and should be held to them.
Mr. Mastroberti responded that the property looks different in the summer than the winter. The rip rap was not visible last summer due to the vegetative growth.
Agent Szewczak again stated that certain ground rules should have been followed. This should not be a barren slope without vegetation.
Agent Arnone and Chairperson Szewczak agreed, noting that the reason for the mitigative plantings was to help make up for the loss of wetland area and the disturbance caused by the crossing.
Mr. Mastroberti agreed to bring the crossing into alignment with the original plans.
Agent Arnone noted that the original plans call for a reasonable slope. In order to agree with those plans, the slope will need to be lowered.
Mr. Mastroberti explained that the house was built too high, a problem that cannot be fixed now. Removal of the fill would make the house look worse.
Chairperson Pfeifer-Hall stated that the slope is too steep and needs to be cut back.
Agent Szewczak stated that the driveway dictates a reasonable slope for access to the garage. He is most concerned about the upland review area. There can be a gradual transition from the wetlands, gradually going higher closer to the house. Once past the initial slope, Mr. Mastroberti could go as high as he wished.
Mr. Sadlowski agreed that the slope needs to be cut back to approximately a 2:1 slope.
Mr. Sadlowski reviewed the proposed conditions of approval. During discussion, 2 additional conditions were added to address removal of the rip rap from the crossing and adding wetlands plantings as per the original plans and the front yard to be restored to a 2:1 slope
A motion was made by Agent Szewczak and seconded by Agent Arnone to approve IW#478 with the standard 10 conditions in addition to the following, 11 through 15:
11. Work to be performed during the dry season, July 1 thru Sept. 30th or as approved by the Wetlands Agent if the area dries up early.
12. Remove Rip-Rap from driveway crossing and install wetland plants as per original plan.
13. Wetland seed mix to be planted in newly restored area, along with an appropriate number of wetland plants (as approved by the Wetlands Agent) to provide food value to the wildlife and rapidly restore growth and stability to the restored wetlands.
14. Front yard slope to be restored to a 2:1 slope (max).
15. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plan entitled "Wetlands Restoration Plan Prepared for Charles Mastroberti"; sheet 1; dated 12/12/06, revised through 1/19/07; prepared by Gary B. LeClair, LLC. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement or re-orientation 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 Permit Modification or Determination of Permit Need (Jurisdictional Ruling). Vote was 5-0-0.
Reason for approval was that the applicant has demonstrated that the project will enhance the wetlands and watercourses and return the site to its approved state.
Agent Tallarita excused himself from the remainder of the meeting at 7:58 p.m.
10. New Business
a. IW#479 Karios Properties, LLC – Permit to construct one new commercial building and add on to an existing commercial building with associated site improvements behind 151-155 Hazard Ave (Map 74 Lot 120), zoned BL. Submitted 3/6/07, Received 3/13/07, PPE 3/27/07:
Mr. Philip Tartsinis, 478 Thrall Avenue, Suffield, CT and Mr. Len Norton, Norton Engineering, represented the applicant.
Chairperson Pfeifer-Hall noted that the Agency will need to decide if the proposed activity should be considered a significant activity and would require a public hearing.
Mr. Tartsinis explained his plan to develop the property using an alternative plan and some of the Board’s recommendations from his previous application.
The new plan eliminates 25 parking spaces and includes a raised building with parking underneath. 1,275 square feet of already disturbed wetlands would be disturbed.
Mr. Norton reviewed the map. It showed proposed plantings and mitigative plantings. Because of changes in the proposed use of the building, only 5 parking spaces would be required, not 7, per thousand square feet of building.
He stated that the new plans do not eliminate the wetland crossing for the drainage pipe.
The previous plans disturbed 3,025 square feet of wetlands.
The previous plans disturbed 3.2 acres of upland review area; the new plans disturb 2.1 acres.
The previous plans did not include mitigation; the new plans include mitigation of 15,700 square feet.
The Soil Scientist’s report has been submitted, along with a full set of plans.
Members briefly discussed whether or not there is a need for a public hearing.
A motion was made by Agent Arnone and seconded by Agent Szewczak that this application represents a significant impact and warrants a public hearing. Vote was 4-0-0.
A motion was made by Agent Arnone and seconded by Agent Szewczak to table discussion on IW#479 to the public hearing to be held on April 3, 2007 at 7:00 p.m. in the Enfield Room. Vote was 4-0-0.
11. Other Business
a. Continued Regulations workshop. Review new model state regulations and proposed changes in Enfield’s regulations to make them more compatible.
Agency members continued review of the new model regulations.
Mr. Sadlowski explained that he had spoken with the Town’s attorney, Maria Stavropoulos regarding some of the proposed changes.
She will investigate the change in verbiage regarding “activity” verses “operation”. She had stated that the words “permit” and “license” could be changed to meet the model regulations and can be considered interchangeable.
Agency members held some discussion regarding Mr. Sadlowski’s proposed changes on page 6 regarding integrating recommendations from the Welti Report into the regulations.
Members appreciated Mr. Sadlowski’s work but felt that the verbiage should be less complicated but insure that an applicant will understand the need to come before the IWWA.
Agent Arnone noted that the guidelines require definition but do not determine how definitive the definitions need to be.
Mr. Sadlowski agreed to amend the wording again.
Agency Members also held discussion regarding item 13.1 on page 34 which lists designated enforcement agents.
Agent Arnone and Chairperson Pfeifer-Hall feels that the Agency members end some other Town employees should have the power of enforcement
She asked if it was known why there are so many persons authorized and noted also that there is not a defined Wetlands Agent position – it is tagged onto other job positions.
Agency members felt strongly that all of the listed entities should remain authorized except for the Conservation Chairman and Conservation Commission members.
Agency members briefly discussed the proposed fee schedule.
Mr. Sadlowski has provided fee schedules for several towns that made them available on their town’s website.
Agency members requested the fees for additional towns including Vernon, Ellington, East Windsor, Windsor Locks and Suffield.
• Next regular meeting is Tuesday, April 3, 2007 at 7:00PM in the Enfield Room.
12. Adjourn:
Members observed that Mr. Landolina had still not arrived.
A motion was made by Agent Arnone and seconded by Agent LeMay to adjourn the meeting at 8:45 p.m. Vote was 4-0-0.
Respectfully Submitted,
___________________________
Thomas Arnone, Secretary
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