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Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, JANUARY 21, 2003
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, January 21, 2003 in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairperson Gretchen Pfeifer-Hall called the meeting to order at 7:55 p.m.
PRESENT: Gretchen Pfeifer-Hall
Mary Bergamini
Frank Poirot
Kathleen Sarno
ABSENT: Roger Olsen
E. Patrick Storey
Richard Szewczak
ALSO PRESENT: Neil Angus, Wetlands Agent
Susan Swiatek, Recording Secretary
PUBLIC HEARING(S)
None
REGULAR MEETING
1. Call To Order and Pledge of Allegiance to the Flag
The meeting was called to order by Chairperson Pfeifer-Hall at 7:55 p.m.
2. Roll Call:
Present were: Chairperson Gretchen Pfeifer-Hall and Agents Poirot, Sarno, and Bergamini. Agents Szewczak, Olsen, and Storey were absent. Also present were Wetlands Agent Neil Angus and Recording Secretary Susan Swiatek.
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.
Correspondence was as follows:
" 2003 meeting schedule for IWWCA;
" 2003 meeting schedule for other Land Use boards;
" notice of Erosion & Sediment Control Workshop on February 20, 2003;
" notice of workshop "Connecting the Pieces" to be held in Auburn MA on February 27, 2003, sponsored by Southern New England Chapter of Soil & Water Conservation Society;
" Winter, 2003 edition of "The Torrent" - DEP publication
" Cover letter from Society of Soil Scientists of Southern New England announcing availability of the 2002 Registry of Soil Scientists (copy in Staff's office);
" notice of "Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions to be held at Wesleyan University on March 1, 2003;
" 2003 schedule of Land Use Education Partnership training sessions;
" letter from CL&P regarding routine vegetation management scheduled to take place in Enfield in 2003;
" copy of article from January 18, 2003 issue of Hartford Courant regarding Agent Roger Olsen's recent receipt of the lifetime achievement award by the Connecticut Association of Conservation and Inland Wetland Commissions (CACIWC).
Mr. Angus noted that he did not feel that the CL&P cutting plans warranted a Wetlands Permit, but if the Agents had any questions, Mr. Johnson, the CL&P representative, would be happy to attend an upcoming IWWA meeting to discuss the plans.
6. Commissioner's Correspondence:
No items were brought up for discussion.
7. Approval of Minutes - December 17, 2002:
A motion was made by Agent Poirot and seconded by Agent Sarno to accept the minutes of the meeting of December 17, 2002 as presented. Vote was 3-0-1(Bergamini)
8. Wetlands Agent Report - December 17, 2002 through January 15, 2003
Mr. Angus briefly outlined the Wetland Agent Report.
He observed that Freshwater Pond has been drained in preparation of the dredging. A backhoe was on site to clear debris from the pond outlet pipe. Mr. Angus requested that the Public Works Department keep him informed of progress as major regulated activities are involved.
A proposed resubdivision at 340 Elm Street contains an intermittent watercourse. Although all the proposed construction activities were outside the 100' regulated area, Mr. Angus asked that the Zoning & Planning Commission require a conservation easement at the rear of the property to ensure that the tributary is not disturbed. A 100' no disturbance zone was placed on the approved plans.
In response to a question by Chairperson Pfeifer-Hall, Mr. Angus stated that he will find out what conditions were required of Autumn Fields Senior Housing Development for approval of a storm water discharge permit.
The management plan has been submitted and was reviewed by Mr. Angus to ensure that it meets the Agency's conditions of approval.
Agent Poirot asked if a proposed dwelling at 36 Neelan Road has escarpment soils on site. Mr. Angus responded that this lot is up from the end of the cul de sac where the escarpment soils are located.
As for possible violations, Mr. Angus will continue to follow up on the underground storage tank leak at 2 Shaker Road; he found that a tree cutting activity along Main Street adjacent to the Connecticut River was done by beavers; a windmill structure has been removed from the detention basin at Monroe Muffler on Freshwater Boulevard; in response to a complaint, Spazzarini Construction has removed stockpiles of road sand and sediment stored at the entrance of Powder Hill Sand and Gravel Operation.
9. Old Business
IW#336.03 - Request for Extension and Modification of IW#336 for regulated activities associated with the construction of a hotel and restaurant. Property located on the south side of Hazard Ave and the west side of Phoenix Avenue. [Submitted 11/12/02, Received 12/17/02, PPE 12/31/02, MAD 2/20/03, EMAD 4/26/02]
Mr. William Goebel of Bohler Engineering and Dr. Paul Davis of Baystate Environmental briefly reviewed the modification plans which move the proposed restaurant approximately 15' further west, providing closer impact to the wetlands, but not entering them.
Mr. Goebel stated that the applicant would prefer to use grading instead of a retaining wall and felt that the grading would be slightly less disruptive to the wetlands.
Additional plantings would be made to increase the aesthetics and re-vegetating of the buffer. These additional plantings would include native shade trees and low ground cover.
Also, Mr. Goebel stated, in response to a request for information by Mr. Angus, lighting at the site would be provided by shoebox fixtures with shields to keep light from spilling into the wetlands.
Agency members discussed the issue of retaining wall verses grading at some length.
Agent Poirot asked how trash would be kept out of the wetlands. Mr. Goebel stated that his client did not expect that trash would be a problem. The restaurant is not a fast food type eatery and the dumpster will be fully enclosed and gated.
In answer to another question by Agent Poirot, Mr. Goebel stated that although some fill from on site will be used, additional fill from off site will also be needed. It will be clean, structural fill to support the pavement or building areas.
Mr. Angus noted that an additional proposed fill contour line on the west side of the hotel was added to the plans as well as additional grading to be done at the entrance of the property. Mr. Angus did not feel these were major issues but wanted Agency members to be aware of them.
Mr. Angus also recommended that a retaining wall be used, but if Agency members felt that grading was an feasible alternative, that additional vegetation be added to the planting plan for this graded area (native upland) vegetation.
Dr. Davis agreed with the grading option and provided a list of native species that would be beneficial to wildlife as well as provide suitable ground cover.
After discussion with Mr. Goebel regarding the wording of the condition relating to lighting, a motion was made by Agent Poirot and seconded by Agent Sarno at approve IW336.03 request for extension and modification, with the original 26 conditions of approval in addition to the following:
27. Limits of disturbance are to be clearly marked and identified with construction fencing in the field and inspected and approved by the Wetlands Agent prior to commencement of any site work. Erosion and Sedimentation controls must also be installed by the contractor and inspected by the Wetlands Agent prior to commencement of any site work. Additional erosion and sediment controls shall be installed on an as needed basis or at the direction of the Wetlands Agent;
28. A non-asphaltic tackifier is to be used as a binding agent for any hydro-seeding and temporary and/or permanent soil stabilization;
29. Any proposed lighting near or adjacent to wetlands must be appropriately shielded to the satisfaction of the Agency, to prevent unnecessary light pollution from affecting the wetland areas;
30. A revised planting plan is to be submitted that includes additional upland plantings (additional ground cover and shrub species native to the area) in addition to the proposed tree plantings (letter from Bohler Engineering dated January 15, 2003) and seeding, to the satisfaction of the Agency or Wetlands Agent.
Condition #21 will also need to be modified to reflect the most recent revised plans and date(s). Vote was 4-0-0.
10. New Business
IW#387 of Kathleen Jorgensen for clear cutting and selective logging within 100' feet of wetlands and watercourses. Property located at 87 Shaker Road. [Submitted 12/17/02, Received 1/21/02, PPE 2/4/03, MAD 3/27/03, EMAD 5/31/03]
Ms. Jorgenson and Mr. Kruger provided an additional map showing more detail of the site.
Mr. Kruger provided a letter regarding proposed best management practices.
Mr. Angus recently visited the site, as did a representative from the D.E.P. State Forestry Division. Mr. Angus noted that the Agency cannot make a decision at this meeting due to the 14 day appeal period.
Mr. Kruger noted the sense of urgency to complete this project during frozen conditions so that less damage to the land will occur. The D.E.P. representative agreed.
Mr. Kruger also contacted OSHA regarding the possibility of working within 40' of electrical wires located on the property. He was told that he could face a $50,000 for working too close to the lines, which hang approximately 13' from the ground.
Chipping will be done on site, one of the reasons a large landing is required.
In response to questions by the Agents, Mr. Kruger stated it is not customary for him to restore the roadway when he is finished. The poled ford will be removed and he will use water bars, seed and/or hay any exposed soils once the project is completed, as needed.
Mr. Kruger plans to clear-cut 1½ acres and select cut the remaining rear area of the property.
Chairperson Pfeifer-Hall read Mr. Kruger's letter into the record. Mr. Kruger stated that he would be cutting within 25' of the stream within the area of the landing.
Members briefly discussed the possibility of holding a public hearing on this application. Mr. Angus noted that the proposed landing area is in a low area but there is a natural rise in topography towards the stream, so it is naturally protected from potential erosion in this area.
The D.E.P. representative had noted that the soil is well drained. And likely any runoff that enters the proposed landing area will likely absorb into the ground rather than flow (assuming the ground is thawed and soils are not completely compacted).
Mr. Kruger stated that the sediment controls need to be flexible due to the uncertainty of the timing of the proposed operation and the weather conditions at that time. He also stated that hydro-seeding will be done at the end of the job, or the area will be hayed, but he would prefer not to do both procedures because of the expense.
Mr. Angus stated that because the timing of the project is uncertain at this time, the conditions are somewhat uncertain. Thaw conditions would require a different remedy than snow or frozen conditions. This issue could be addressed in any conditions of the Agency.
Although the sediment controls could be shown on the map, if the landing area moves, the controls will have to move along with it. Mr. Angus stated that the BMP written submission by Mr. Krueger is part of the application package and if the Agency approves the plan, they approve the BMP's as well.
Mr. Angus will provide a list of possible conditions of approval at the Agency's next meeting, February 4, 2003. Mr. Kruger's letter will become part of the applicant's permanent record.
Mr. Angus also stated that an additional condition of approval could be that Mr. Kruger provide several days notice prior to commencing operations to allow Mr. Angus time to check the site and conditions and follow the progress of the project.
After discussion, a motion was made by Agent Bergamini and seconded by Agent Poirot to table further discussion on IW 387 until the next meeting, with no public hearing being necessary, on February 4, 2003. Vote was 4-0-0.
11. Other Business
" Legal issue with one year stipulation on approved applications.
Mr. Angus reviewed the legal opinion provided by Mr. Bromson, Town Attorney.
The Agency's current one year stipulation for beginning a project approved by the Agency is illegal because it extends above and beyond the power given to the Agency in the General Statutes of the State of Connecticut.
The State Statutes allow for permits to be valid for no less than 2 years and no more than 5 years, plus extensions, to start a project.
The Agency can, however, specify the time of the year that the project takes place, such as "low flow" periods, usually June through September.
Although no one has challenged the Agency on the time limit, Mr. Angus suggested that the Agency be proactive in this instance and delete this item from the "Standard List of Conditions of Approval".
Since this is only a change in practice, no amendments to the regulations would be necessary.
To address some of the concerns and reasoning why the Agency has this requirement, Mr. Angus suggested additional conditions of approval could be added, such as providing long term sediment controls, limit the timing of the activities, or that no work actually be done until building on site commences.
Mr. Angus noted that other towns that he looked at used the State's wording and time limits. If the Agency decides to change this condition, it would not be retroactive and all past conditions would remain.
After further discussion, it was the consensus of the members to table this issue until the meeting of February 4, 2003.
" Wetlands Permitting Process Guidebook:
Mr. Angus provided a draft copy of a guidebook he developed for residents to become familiar with the IWWCA application process. He would like a third party to review the document to ensure that it is understandable. Members had various suggestions regarding the format.
o Next meeting will be Tuesday, February 4 at 7:00 in the Council Chambers
12. Adjourn: Agent Sarno made a motion which was seconded by Agent Poirot to adjourn the meeting at 9:48 p.m. Vote was 4-0-0.
Respectfully Submitted,
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Mary Bergamini, Secretary
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