Inland Wetlands and Watercourses Meeting

INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF A REGULAR MEETING

TUESDAY, September 2, 2008

A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, September 2, 2008 in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.

MEMBERS PRESENT:

Karen Camidge

Robert Lemay

Douglas Maxellon, Acting Chairman

Michael Littlejohn, Alternate (seated)

Jo Marie Nelson, Alternate (seated)

Brian Peruta

MEMBERS ABSENT:

Ryan Bartosz

Robie Staples

David Wawer

ALSO PRESENT: José Giner, AICP, Town Planner

Susan Berube, Recording Secretary

REGULAR MEETING

1. Call to Order:

The meeting was called to order by Acting Chairman Douglas Maxellon at 7:04 p.m.

2. Pledge of Allegiance:

The Pledge of Allegiance was recited.

3. Roll Call:

Present were: Acting Chairman Douglas Maxellon and Agents Camidge, Lemay, Littlejohn, Nelson and Peruta. Also present were Town Planner Jose Giner and Recording Secretary,Susan Berube.

4. Election of Officers

a. Chair: Agent Camidge nominated Acting Chairman Maxellon as permanent Chairman. No other nominations were made. Vote was 4-0-0.

b. Vice-Chair: Chairman Maxellon nominated Agent Camidge for the position of Vice-Chairperson. No other nominations were made. Vote was 4-0-0.

c. Secretary: Chairman Maxellon explained his intention to nominate Agent Nelson to the position of Secretary. At this time, however, Agent Nelson is an alternate member and therefore can not hold the position. By the Agency’s next regular meeting, September 16, 2008, Agent Nelson will have been appointed as a full member and Agent Wawer will become an alternate member of the Agency.

At this time, Chairman Maxellon appointed Agents Littlejohn and Nelson as full voting members for this evening’s meeting.

A motion was then made by Agent Camidge and seconded by Agent Peruta to table nominations for the position of Secretary to the meeting of September 16, 2008. Vote was 6-0-0.

Chairman Maxellon stated that a Secretary pro-tem would not need to be appointed at this time.

5. 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.

6. Public Participation - Issues of concern not on the agenda:

No one in the audience came forward to speak.

7. Correspondence:

Two items of correspondence were received:

• Letter dated August 11, 2008 from D.E.P. regarding approval of application for water diversion for reconstruction of drainage channel known as Tributary to Beamans Brook. Located between Meadowlark Road, Yale Drive and Broadleaf Lane.
• Latest issue of CFL News

8. Commissioner's Correspondence:

Chairman Maxellon reported that 2 of the Wetland Agent candidates had sent letters of thanks for being granted an interview.

9. Approval of Minutes - July 22, 2008:

A motion was made by Agent Peruta and seconded by Agent Nelson to approve the minutes of the meeting of July 22, 2008 with the following amendment: title page, bold lettering, correct date to read July 22, not July 8. Vote was 5-0-1(Lemay).

10. Wetlands Agent Report - July 19 - September 2, 2008:

Mr. Giner stated that the month of August was not very busy. The packets should be better organized now that the part time secretary has returned to work after an extended illness.

The new Wetlands Agent, Katie Bednaz will begin work on September 10, 2008. She has a background in environmental sciences and is working to complete her soil scientist licensing requirements. She has previous experience in both the private sector and municipal government.

Chairman Maxellon added that he was able to attend the interview process. Four candidates were interviewed and Ms. Bednaz was chosen as the most qualified candidate.

Mr. Giner noted that he will be attending a pre-construction meeting for the new medical building at 155 Hazard Avenue, located next to Oldefield Farms Condominiums.

He added that the representatives of the Five Guys Restaurant, to be located on Elm Street, will be holding a pre-construction meeting soon as well.

11. Old Business:

In response to an inquiry by Chairman Maxellon, Mr. Giner spoke with the president of Asnuntuck Community College regarding reconstruction of their parking lot and associated drainage.

Because it is state owned property, the college did not need to obtain permits from the Town. The drainage system replacement is out of the town’s jurisdiction.

Mr. Giner also stated that he has requested that debris associated with the construction project be removed at the end of the project.

Chairman Maxellon asked what is to be done with the landscape debris located near the Five Guys property line that was mentioned at the Agency’s last meeting.

Mr. Giner stated that he will speak with the school’s president again to ensure that landscape debris will not be left on the property in the future.

Mr. Giner also gave a brief update on identification cards for Agency members. The Town Manager has requested patience from land use agency members. A new system will be available soon and will provide better security and uniformity.

Agent Nelson requested an updated member list that includes email addresses and phone numbers.

12. New Business

Chairman Maxellon asked about the possibility of holding workshop meetings for IWWA members to discuss procedures.

Mr. Giner stated that such meetings can be held as long as proper notice is given to the Town Clerk and they are open to the public.

Chairman Maxellon stated that he will come up with some possible dates and poll Agency members for their availability to attend.

Mr. Giner added that workshop discussions could also be placed on a regular meeting agenda when there are no applications before the Agency.

13. New Applications to be accepted

(As presented by the Agent to the Agency at the meeting, if applicable)

While there were no actual applications to be accepted, Mr. Giner explained that a new application was submitted too late to be accepted at this meeting. It will be on the agenda for the September 16, 2008 meeting.

The application is for parking lot improvements at the Enfield Street Plaza, 604 Enfield Street. The applicant is seeking to reconstruct the rear parking area, including regarding, installation of 6 new catch basins, landscaping and lighting.

14. Other Business

1. Discussion regarding possible violation of permit conditions for IW 471 - Tim Fortune - at 52 Steele Road (part of Map 52 Lot 55)

Chairman Maxellon suggested that each member express his or her concerns regarding this project. Agent Littlejohn, being one of the senior members on the Agency and more familiar with this application, was asked to begin.

Agent Littlejohn stated his concern for the disregard shown by the applicant for the perimeters set by the Agency to protect this sensitive area. He stated that Mr. Fortune has a disrespect for rules and regulations, citing the fact that the silt fence has been down for months, in the most crucial area of the wetlands.

Mr. Giner stated that he had asked Mr. Fortune if the silt fence repairs had been made but has not received an answer yet. Heavy rains are expected later this week and the repairs need to be done by Thursday. He added that he has walked the site with Mr. Askew.

Agent Littlejohn went on to say that Mr. Fortune had been told to install silt fence while Mr. Sadlowski was still employed as the Town’s wetland agent. It was not installed properly, originally. Also, Mr. Fortune has been cited on past projects for incorrectly installed or missing silt fence.

Agent Littlejohn asked about the culvert that was removed by Mr. Fortune.

Mr. Giner explained that this culvert was the one that was discussed at a previous Agency meeting. It had been installed without a permit. Rather than going through the permit and public hearing process, Mr. Fortune chose to withdraw his application and removed the culvert.

Agent Littlejohn asked how the culvert was removed without a permit.

Mr. Giner stated that Mr. Fortune made an incorrect assumption that the Notice of Violation meant that he should remove the pipe.

Commissioner Camidge noted that the removal of the culvert has caused erosion issues across the street from the drainage.

Agent Littlejohn asked if Mr. Fortune should be informed that what he did was wrong, in writing.

Mr. Giner stated that a letter could be sent; Mr. Fortune was verbally informed.

Chairman Maxellon agreed that a letter should be sent, with a copy for his file.

Agent Littlejohn next asked what the green box on the site is for, pointing it out on the map.

Mr. Giner stated that it likely is a junction box for the underground utilities.

Agent Littlejohn asked what will happen to the area where the culvert was removed. Damage is already occurring from the drainage.

Mr. Giner stated that the purpose of the culvert was to deal with a natural low area. The future homeowner would have water over the driveway, freezing in winter.

That homeowner will likely come to the IWWA to take care of this issue.

Agent Littlejohn stated that this issue was never brought up during the original application process and feels that the change of proposed house style from raised ranch to cape caused this issue.

Mr. Giner replied that the original floor plan was at elevation 123; it is now at 119 and the fill is 2’ lower than the original plan.

Agent Littlejohn noted that the Planning & Zoning Commission approved the plans at certain elevations and this was changed after the approval.

Mr. Giner explained that the site plan is a feasibility analysis. The lower elevation is still allowing drainage.

Agent Camidge noted that by going deeper, more water has been introduced that now needs to be drained.

Mr. Giner stated that he spoke with Mr. Cabibbo and Mr. Askew regarding this and they agreed that this is not really an IWWA issue.

Members held discussion over the fact that although Mr. Fortune mentioned numerous times in the meeting minutes that he was proposing raised ranches, this is not one of the conditions of approval and therefore, cannot be enforced.

Mr. Giner agreed, stating that the Agency, for the most part, is approving the grading plan and feasibility plan for a house site. If there is a concern, a very detailed plan can be requested at the time of subdivision or require that each individual lot come before the Agency for approval.

Agent Littlejohn went on to say that the applicant was told several years ago, by Wetlands Agent Neil Angus that detailed plans would be needed.

Agent Camidge asked if a detailed plan of culvert cleaning has ever been received.

Agent Littlejohn stated that the applicant needs to abide by the D.E.P.’s requirements and asked if this criteria has been met.

Agent Camidge noted that as far back as the minutes of the meeting of 09/19/06, page 9 and 10/3/06, page 8, Mr. Fortune had been informed by Mr. Angus that a written detailed plan was needed. The meeting minutes of the meeting of 11/21/06, page 2, state that the applicant’s engineer, Mr. Martucci, stated that a detailed plan was created. She asked where this plan is located.

Mr. Giner, in reviewing part of the file, found only a planting plan provided by Soil Scientist Michael Gragnolati.

Agent Camidge noted that if the cleaning plan is not included in the conditions of approval, then it is not enforceable. She asked if the D.E.P. has any jurisdiction over the definition of “cleaning”.

Agent Littlejohn asked how much silt has accumulated since the silt fence has been down.

He also asked for clarification on the correct conservation easement line.

He added that plantings need to be addressed as this has not been done yet.

Agent Littlejohn then asked how ponding at Kullmorgan’s property located next door can be alleviated. It was assumed that this problem would be taken care of through construction of the adjoining Fortune property.

Mr. Giner explained that a drainage issue is more of a Planning and Zoning issue. The IWWA cannot really get into this situation since it was pre-existing. If it had been caused by this construction project, then it would be a civil matter unless it is from an error from what was shown on the plans.

Field conditions should be shown on an “as built” survey.

Agent Littlejohn asked if the elevations can be verified.

Chairman Maxellon asked, if once the “as built” is submitted, would the Town Engineer verify the elevations?

Mr. Giner replied that this would not be likely. He added that the spot surveys were not taken by the surveyor since they were not on the subject property; they likely came from the Town maps.

If things are not built according to the plans, the Town would have to deal with the developer to rectify the situation and give neighbors relief from ponding.

He added that he will check to see if an “as built” survey has been submitted yet. Also, the Zoning Enforcement Officer will look at the plot plan.

Agent Littlejohn asked about the damage within the conservation easement.

Mr. Giner stated that the purpose of the silt fence in the conservation easement was to protect the channel. Once complete, the fence is to be removed. He will have to make the required plantings – staggered rows of evergreens and deciduous trees.

He added that he will look at the bond at the time of the “as built” to determine if a change of bond amount is needed.

Agent Littlejohn then asked about the knotweed to be removed, located in the vicinity of his house. He asked if the knotweed would be removed from the neighbors’ land as well.

Mr. Giner stated that without the D.E.P. getting involved, certain chemicals cannot be used.

Agent Littlejohn asked what Mr. Fortune’s plan is for removal. It is a multi step process.

Mr. Giner stated that he will follow up on this with the D.E.P. representative, whose name will be provided by Agent Littlejohn.

Agent Lemay stated that he has concerns over the same key issues. He also noted that there needs to be better policing. This situation is an example of what could happen if we are not on top of things.

He asked when a project can be stopped and have the developer come in and answer questions. How detailed does the Agency need to be in crafting conditions of approval?

Mr. Giner noted that this application has been through 3 wetland agents. When there is this much concern, everything needs to be included in the conditions of approval, including having the ability by condition of approval to approve final plans for the type and placement of a house.

He also added that the state of Connecticut does allow towns to adopt a fines ordinance. He noted that he is in favor of fines.

Chairman Maxellon stated that certain projects or developments may need to have extra attention. Larger projects may have violations that are more difficult to correct. He noted that this could be a subject of a future Agency workshop.

Mr. Giner added that, on smaller projects, there is less oversight by staff. If a new road is going in, or a public project, there is more interest and more daily oversight so it is more likely that violations would be discovered sooner.

Agent Camidge reiterated that her main concerns are the need for detailed plans for cleaning the culvert, plans for the knotweed removal and an update on the conservation easement acceptance by the Town Council for this site.

Mr. Giner stated that Mr. Fortune needs to notify the Town when channel cleaning is to be done.

Chairman Maxellon stated that a detailed plan is needed to determine the extent and area to be cleaned.

Agent Camidge questioned the location of a shed, asking if it was built within the 100’ regulated area.

After a review of the plans, it was determined that the shed is not located within the regulated area.

Agent Nelson asked about the heavy equipment tracks located in back of the culvert.

Mr. Giner explained that it was likely for the installation of the rip rap and channel clean out as required.

Agent Littlejohn reported that heavy equipment was not supposed to be utilized in that area at all.

Agent Nelson asked if everything is documented, regarding past issues with this developer.

Mr. Giner replied that Mr. Cabibbo’s comments were forwarded to Mr. Fortune, along with the agenda.

Agent Nelson voiced her concern that everything, all issues, be put in writing. She asked if there is a time limit in which all work needs to be done.

Mr. Giner stated that if something needs to be done during a low-flow period, a bond will be needed. The actual permit is good for 5 years. In order to get a Certificate of Occupancy, he must either obtain a bond or complete open items.

Agent Peruta asked about future maintenance of the channel.

Mr. Giner stated that maintenance will be up to the Town, although the easements have not yet been accepted by the Town.

He added that even if the Town Council chooses not to accept the easements, the Town would likely have to maintain the channel because the water is coming from properties and roadways upstream.

Agent Peruta noted that the yard drain proposed by Mr. Fortune was actually a good idea. Could the IWWA add that as a condition at this time?

Mr. Giner explained that the only way a condition could be added would be if he came back for a modification of the original permit.

Agent Camidge asked about the conservation easement. If it is not accepted by the Town, it must be noted on the land records. Does this need to be done before a Certificate of Occupancy is issued, since it was a condition of approval?

Mr. Giner stated that the Certificate of Occupancy cannot be held up for that reason. It is put on the land records whether the easement is

Accepted or not. Once accepted, it can be enforced.

He added that the channel issue is more a Town issue and not an IWWA issue. It was required by Mr. Cabibbo. The method of cleaning the channel was an IWWA issue.

He noted that he will be visiting the site again this Thursday, September 4, 2008.

Agent Littlejohn asked if the elevations can be checked by a third party to make sure that the house is built the way it was supposed to be done.

Mr. Giner stated that he will check with the Town Engineer. He noted that the on-site grades are “T-2”. The off-site grades are likely from GPS. The Town can’t really get involved on what was done on neighboring properties.

2. Discussion of permit enforcement options available.

Chairman Maxellon stated that this was already covered in the preceding discussion. This will also be discussed as a future workshop item, including aggressive bonding, and a fines ordinance.

• Next regular meeting is Tuesday, September 16, 2008 at 7:00PM in the Enfield Room..

14. Adjourn:

A motion was made by Agent Nelson and seconded by Agent Camidge to adjourn the meeting at 9:18 p.m. Vote was 6-0-0.

Respectfully Submitted,

___________________________

Secretary