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Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, FEBRUARY 27, 2007
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, February 27, 2007 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairperson Gretchen Pfeifer-Hall called the meeting to order at 7:01 p.m.
MEMBERS PRESENT: Gretchen Pfeifer-Hall, Chairperson
Thomas Arnone
Richard Szewczak
Robie Staples
Louis V. Tallarita
David J. Wawer
MEMBERS ABSENT: Robert LeMay
Michael Mosschetti
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 7:01 p.m.
2. Roll Call:
Present were: Chairperson Pfeifer-Hall and Agents Arnone, Staples, Szewczak (7:03 p.m.) and Wawer (7:07 p.m.) Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary.
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 brought up 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:
· Updated IWWA Model Regulations from Connecticut D.E.P.
· Notice of Municipal Inland Wetland Commissioners Training Program
· Article entitled “Street-Smart Filters for Rainwater”.
Agent Arnone stated his interest in attending one of the courses in the training program.
6. Commissioner's Correspondence:
Chairperson Pfeifer-Hall asked Mr. Sadlowski if he had an update on any potential members for the IWWA. Mr. Sadlowski replied that he has spoken to someone who expressed an interest but Mr. Sadlowski was unsure if the person has submitted an application.
Chairperson Pfeifer-Hall reported that she and Agent Szewczak attended a joint meeting of the Town Council and Commission Chairs and Vice-Chairs.
She stated that she found it to be interesting and had an opportunity to express concerns and discuss issues.
She noted that 2 guest speakers were present at the meeting – Larry Tracey, Director of the North Central CT Chamber of Commerce and Ray Warren, Economic Development Director. Both men compared Enfield to other towns such as Windsor regarding development.
Agent Szewczak noted that Enfield is very different geologically and topographically from Windsor.
The Agency was encouraged to “catalog” wetlands to determine which are more valuable.
Agent Szewczak stated that eventually all of the land in town that is developable will be developed. This will leave only sites that need special care because of wetlands or other issues.
Chairperson Pfeifer-Hall also noted that Mr. Warren expressed frustration over the lengthy permit process for land use boards and commissions. She pointed out, however, that many of the requirements are state laws.
Mr. Sadlowski noted that it may be possible to allow an applicant to do more within a wetland area if they agree to restore, enhance, or create wetlands on site or elsewhere. He added that it is somewhat of a balancing act but it has been done elsewhere in the state. It can be a very complicated process.
He likened it to the “fee in lieu” program that the Planning and Zoning Commission has.
Chairperson Pfeifer-Hall pointed out that the Agency already does this, citing the BR1 parcel as an example. Development of this site included mitigation as part of the permit conditions.
She also noted that “banking” is done out west but is not an accepted practice here.
Agent Szewczak stated that eventually it may be possible to allow applicants to do all of this but he feels that we are not ready for this yet and will have to wait for technology. The Agency will need to have balance as long as development does not impact the wetlands.
7. Approval of Minutes - January 30, 2007:
A motion was made by Agent Wawer and seconded by Agent Arnone to approve the minutes of the meeting of January 30, 2007 with the following amendments: under “Show Cause Hearing” change all references of “Grigitis” to “Grigaitis”; page 11, 6th paragraph, remove “fence” and insert “stone wall”. Vote was 3-0-3(Szewczak, Staples, Tallarita).
8. Wetlands Agent Report - January 30- February 26
Mr. Sadlowski reported that the owners of 30 Parker Street have been in contact with the Town Manager’s office regarding dump fees. A notice of action was published in the newspaper.
Agent Arnone asked if there also was an article in the newspaper relating to this property. Mr. Sadlowski and the other Agency members were unaware of an article being published.
9. Old Business
There were no items of Old Business for discussion.
10. New Business
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 3/18/07.
Charles Mastroberti represented the applicant.
Agency members reviewed the map provided with Mr. Mastroberti’s application. Mr. Sadlowski noted that he had added some measurements to the topographical map to show the elevations of the front yard.
Mr. Mastroberti reported that he had a surveyor come in.
Mr. Mastroberti also stated that he has met with Mr. Sadlowski several times. Mr. Sadlowski is welcome to oversee the entire project.
Agent Szewczak asked if the land is to be restored to the contours shown on the plan.
Mr. Mastroberti replied that that is correct.
Chairperson Pfeifer-Hall asked where the fill being removed will go.
Mr. Mastroberti stated that he is uncertain but that it will be removed from his property.
Agent Arnone asked if the Agency members were looking at the original plan.
Mr. Sadlowski reviewed his copy with members, stating that it is the same as the smaller version that was attached to the application.
Mr. Sadlowski went on to explain that the area directly in front of the house is close to the elevation that it should be. By the driveway, it has been more rounded and seems to have more fill than elsewhere in the front.
He added that the slope is very steep – 1:1 and should be closer to 2:1 but that might cause problems. The area is stable in most spots and has vegetation.
Agent Szewczak stated that it appears on the map that there should be a gradual slope.
Mr. Sadlowski agreed but in actuality, it is not.
Agent Szewczak stated that there should not be a significant slope near the wetlands.
Mr. Mastroberti explained that he used a different excavation contractor for the front yard than he did for the back yard. The house was built 2’ higher than it should have been, requiring 2’ more fill than planned. He suggested waiting until spring for Mr. Sadlowski to be able to check the front slopes better.
Agent Szewczak felt that there should not be more than a 1 to 2 foot change in elevation near the wetlands.
Mr. Mastroberti invited Agency members to come to his property.
Mr. Sadlowski stated that tearing up the area in the front might cause problems. It could be made more of a gradual slope but it is currently stable.
Chairperson Pfeifer-Hall, referencing the Agent’s Report form September 7, 2006, noted that rip rap was to be used at the driveway crossing and asked if this was done and also if mitigative plantings were made.
Mr. Mastroberti stated that the rip rap was used.
Mr. Sadlowski stated that there has been some growth. With the steepness of the slope, it is better to have rip rap but the slope could be cut down and rip rap removed and plantings added.
Agent Wawer stated that he would be hesitant to de-stabilize what is currently stabilized.
Mr. Sadlowski agreed and added that the rear yard is the real problem. He stated it might be better to keep a good layer of rip rap on either side of the crossing as opposed to plantings.
Mr. Mastroberti stated that he had a driveway specialist who recommended the use of rip rap instead of plantings.
Mr. Sadlowski stated that he was unclear as to whether the Agency had approved pavers instead of gravel over the crossing. Currently only gravel is used and Mr. Mastroberti received his Certificate of Occupancy without the use of the pavers which was in the original conditions of approval.
Members discussed the original conditions. Agent Arnone had thought that Mr. Mastroberti had withdrawn his request for gravel and was going to use the pavers.
Mr. Mastroberti explained that he had gone along with Mr. Angus’s recommendations to keep the stone since it was working.
Mr. Sadlowski read the minutes of the meeting where the permit was approved. At that time it was the consensus to allow millings with the condition added that the soil be tested.
Chairperson Pfeifer-Hall reviewed the original condition of approval regarding the timing of work to be done. She feels that the work should not be done in the spring because work will be done within the wetlands.
Mr. Sadlowski agreed, stating that in springtime it will be a muddy mess.
Chairperson Pfeifer-Hall noted that the Agency usually requires that work be done during dry times, between June 1 and September 30.
Mr. Mastroberti agreed that a June start would be fine.
Chairperson Pfeifer-Hall stated that remediation would be required to bring the site back to the original plans, except that the rip rap would be allowed at the culvert.
Mr. Sadlowski stated that the area going off east of the driveway needs to be lowered. The area closer to the garage could go (5-8’ out) either way. He is less concerned about the front than the back yard. It is up to the Agency.
Chairperson Pfeifer-Hall expressed concern over the petition period requirements because a meeting was not held on February 13, 2007. She suggested holding off on a decision until the Agency’s next meeting, March 13, 2007. This would also give Agency members an opportunity to view the site, since Mr. Mastroberti has given his permission for members to enter the property.
Mr. Mastroberti stated that he would prefer to keep the front area as it is. Part of the filled in area is now part of the driveway.
Agent Arnone expressed concern with getting the site back to the original plans and requested that an original plan be included in the members’ next packet.
He also asked if Mr. Sadlowski would be visiting the site frequently during excavation to make sure that the excavator was not going too deep. He also suggested use of a flat type bucket as opposed to one with “teeth”. His concern is that the bucket may go too deep and remove wetlands soils.
Mr. Sadlowski added that he prefers to leave the soil rough, not smoothed out.
A motion was made by Agent Szewczak and seconded by Agent Wawer to table discussion on IW#478 to the meeting of March 13, 2007 at 7:00 p.m. in the Council Chambers. Vote was 6-0-0.
12. Other Business
a. Regulations workshop. Review new model state regulations and proposed changes in Enfield's regulation to make them more compatible.
Mr. Sadlowski explained that he went page by page through the Town’s regulations and compared them with the State’s model regulations.
He reviewed numerous changes, many of which are minor in nature. Some of them include:
· Use of the word “license” instead of “permit”. Mr. Sadlowski will look into this verbiage change further.
· Page 6, changes were made to “regulated activity” to more closely follow the State model, for clarity.
· Also on page 6, after discussion, it was the consensus of Agency members to exclude all tributaries of the Connecticut River, Scantic River, Beaman’s Brook and Freshwater Brook with regards to regulated area. An additional sentence will be added for clarity. In response to a question by Agent Wawer, Chairperson Pfeifer-Hall explained that there is not a law overseeing a review area specific to waterways, except for the 200’ buffer on the Connecticut River. The state recommends 100’ but Towns can require more or less buffer area.
· Members held lengthy discussion on how specific wording and measurements should be with regard to slopes in relation to distance from wetlands.
Mr. Sadlowski explained that measurements of slopes are taken horizontally, not vertically. Agent Wawer stated his preference of having the Town’s attorney suggest verbiage.
Chairperson Pfeifer-Hall noted that the Town’s attorney has reviewed this in the past and the current verbiage has served the Agency well for over 5 years. She recalled that this issue was discussed at great length when it was first written.
Agent Arnone added that he feels it is the duty of the Agency to review each case individually and is apprehensive of measurements.
Chairperson Pfeifer-Hall added that the Agency is also allowed to review things that are outside of the upland review area if concerns exist that a project will affect wetlands. She also noted that escarpment soils are unique to Enfield and East Windsor.
Agent Arnone gave the example of current regulations allowing the Agency to review the slopes such as 6 Dorothy Street.
Chairperson Pfeifer-Hall added the example of the slope behind John F. Kennedy school.
Agent Szewczak quoted from an article dated December 3, 1999 by Clarence Welti regarding slopes near wetlands. The article recommends 2.5:1 slope near wetlands and watercourses. If actual measurements were added to the Regulations, consideration would have to be made for the equation based on whether or not there is a wetland or watercourse at the toe of the slope. Members will review this proposed change at a future meeting.
· Mr. Sadlowski noted that he will check with the Town’s attorney on the possibility of, by accepting a soil scientist’s report on the location of wetlands on a particular property, the Town may be amending the accepted wetlands map.
· Members discussed and will review at a later date use of the phrase “operations & use” as opposed to “activity” on page 12.
· Mr. Sadlowski and members discussed the difficulty in determining how and where wetlands might extend onto a neighboring property and should the Soil Scientist for an applicant be required to make a “best educated guess” on this. Mr. Sadlowski will discuss this with the Town’s attorney.
· Members held lengthy discussion as to who is authorized to act as agent for the IWWA.
Agent Arnone felt that more agents would be able to act as “eyes”.
Mr. Sadlowski agreed but felt that these “agents” should not necessarily be authorized to issue a Cease and Desist Order. He feels such authority should be limited to the Wetlands Agent and perhaps one or two other persons.
Agent Wawer stated his preference of a more narrow list than what currently exists.
Chairperson Pfeifer-Hall requested additional information.
Agent Arnone added that since there have not been any problems with the current regulation regarding agents, no change is necessary.
· A fee schedule has been added to the proposed new regulations. The fees include a public hearing fee to help cover advertising fees for hearings and a complex application fee to allow the Agency to hire and outside consultant. For most applications, this would not be necessary.
Members held discussion on the proposed fees. Agent Szewczak felt that smaller applications, such as a single family lot up to 2 or 4 lot subdivision be exempt from the public hearing fees.
Chairperson Pfeifer-Hall disagreed, noting that smaller applications require the same public notice as larger applications and that it is important to be consistent.
Agent Szewczak noted that the Agency only needs to cover costs, not earn a profit.
Agent Wawer requested a study of what surrounding towns charge.
Agent Arnone asked how many public hearings are held in a year.
Mr. Sadlowski will report his findings to the Agency at a future meeting.
• Next regular meeting is Tuesday, March 13, 2007 at 7:00PM in the Council Chambers.
11. Adjourn:
A motion was made by Agent Arnone and seconded by Agent Staples to adjourn the meeting at 10:00 p.m. Vote was 6-0-0.
Respectfully Submitted,
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Thomas Arnone, Secretary
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