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Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, JANUARY 15, 2002
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, January 15, 2002 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.
PRESENT: Gretchen Pfeifer-Hall
Kathleen Sarno
Richard Szewczak (7:01 p.m.)
Roger Olsen
Mary Bergamini
E. Patrick Storey
Frank Poirot
ALSO PRESENT: Jay O. Northrup, Wetlands Agent
Susan Swiatek, Recording Secretary
REGULAR MEETING:
1. Call To Order
The 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, Olsen, Bergamini, Sarno Poirot, Storey, and Szewczak (7:01 p.m.) Also present were Jay Northrup, Wetlands Agent, and Susan Swiatek, Recording Secretary.
3. Pledge of Allegiance to the Flag
IW 362, Application of Elm Development, LLC, for regulated activities associated with a senior residential development to be called Autumn Fields, located west of Elm Street opposite the Police Station at 293 Elm Street (Map 75, Lot 1). [Submitted Nov. 27, Rec'ed Dec. 4, PPE Dec. 18, 2001, MPHCD Feb. 1, 2002, SLMPHCD Mar. 18, 2002]
Mr. Dana Steele and Jay Ussary of J.R. Russo & Associates, Mr. Dean Gustafson of VHB, and Mr. John Reveruzzi of Elm Development explained the most recent updates to the plans, addressing issues brought out at the last meeting of the Agency.
As previously noted, all units and decks are now completely out of the regulated area. In order to accommodate this change, 3 units were removed and several of the units will be ranch style as opposed to town house style.
In response to a question by Agent Poirot, Mr. Steele stated that Planning and Zoning Commission may require additional screening in the strip between the development and Elm Street.
In response to several comments from Mr. Northrup in the Wetland Agent's Report, Mr. Steele noted that the plans do show 4 hooded outlets in the notations and on the plans, and the applicant is willing to install hoods on the drainage basins entering the culverts as well.
The wetlands crossing was discussed at great length. In response to the preference of the Inland Wetlands and Watercourses Agency members, Mr. Steele updated the plans (sheet 4 of 11) to show the 3 sided box culvert for the wetland crossing. The crossing would be a 20' span set on concrete footings. It will be 3' wide and have 10" thick walls. The entire crossing is approximately 30' in length.
Mr. Northrup suggested the use of two box culverts to accomplish the Agency's desired 30' span over the wetlands, but the applicant finds this not to be economically feasible.
Also, expanding the current 20' span to thirty feet would require additional fill and disturbance to the area. The proposed box culvert would have a 3' interior height and be 60 feet long. The road will need an increased average grade of 2 ½ feet.
Mr. Gustafson felt that the 20' width would allow for migration of wildlife. He also noted that the primary function of this wetland area is to convey storm water and act as a potential wildlife corridor. The ERT recommended use of Cape Cod curbing, and it will be provided in this area.
Although the use of the box culvert will require approximately 300 square feet additional fill, it will allow the splash pad to be placed outside of the regulated area. The net effect is virtually the same amount of wetland impact.
The decision as to whether or not a water quality swale around vernal pool #1 should be required was also discussed at length.
Mr. Ussary explained that the swale was added to address the Agency's concerns of runoff from the lawns.
Mr. Gustafson explained that although the proposed swale would at first be invasive, it would begin to help the area after approximately 3 years.
Mr. Northrup suggested that additional plantings be made in the area between the edge of the lawns and the vernal pool. This would augment what is already in existence, assist in water quality, and ensure that the vernal pool is naturally recharged from overland flow. It would also be of more benefit to wildlife than a swale.
Agency members discussed the proposed construction schedule with the applicant. The project will be in 2 phases, the first being Quail Hollow and the second, Partridge Run. Mr. Steele offered to add a phase line to the 200 scale plan for clarification. The crossing will be done last.
Mr. Reveruzzi noted that the Wetland Agent's Report lists several possible conditions of approval that are part of the applicant's Management Plan. The Plan will be prepared after final approval of the project from Planning & Zoning.
Also discussed were the methods of removal of phragmite from vernal pool #1.
Mr. Gustafson explained that removal by cutting only would take several seasons, at best to irradicate the phragmite. Timing of the cutting is crucial, and there are no guarantees that this method would be 100% effective. The root system is a thick mat that can reestablish itself easily. The cutting method is best used for control, not complete removal.
Mr. Gustafson and Mr. Northrup explained that there are approved methods for removal with the use of herbicides approved for aquatic application.
Because of the vernal pool, however, Mr. Northrup said he would have to do more research to see if the herbicide can be used in such a sensitive area.
At this time, Chairperson Pfeifer-Hall opened the hearing for public comment.
Mr. Reveruzzi spoke in favor of the project on behalf of Elm Development.
There was no other audience participation.
Mr. Northrup stated that the Agency members would need to consider which values that the vernal pool area provides, they feel most need to be addressed. He suggested that the box culvert is a better approach for wildlife migration, but the initial disturbance will be about the same as for the originally planned 5 culverts.
He also noted that if additional plantings around the vernal pool were made, instead of the construction of a swale, the vegetation would provide water quality if maintained throughout the 100' buffer zone. The swale would also add water quality but would be a disruption to the wildlife and functions of the vernal pool.
Mr. Northrup also mentioned that the Town Engineer was not aware of changes to the standards for the co-efficient of lawn runoff.
Agent Szewczak asked that further study be done on the possible impact footing drains might have on the recharge capabilities of Vernal Pool #1.
Mr. Steele explained that determining the ground water flow would require ground water test levels for multiple seasons.
Mr. Gustafson explained that the footing drains are a passive system and any area of influence they had should be well out of the area of the vernal pool.
Agent Szewczak noted that raising the basement levels would guarantee that the footing drains would not affect the vernal pool.
Mr. Steele noted that raising the basement levels would require a minimum 2' additional fill, as well as raising the road.
Agent Szewczak also asked of the possibility of additional catch basins on Quail Run. He suggested lowering the road to create a series of artificial swales.
Mr. Ussary and Mr. Steele explained that the road is not long enough to follow Agent Szewczak's suggestion, since a 1% grade minimum must be kept.
Members also discussed the suggested conditions of approval and requested that changes be made to #15, 17, and #20 and research be done on #11.
The applicant stated that the Management Plan would include instructions that excess snow would be removed from the property, as would any landscaping materials.
The applicant would be agreeable to implementing whatever phragmite removal plan the Agency deems appropriate.
4. Continue or Closing Hearing
Mr. Northrup reminded the Agency members that if the hearing is closed, they would not be able to ask any more questions of the Applicant. They would have to make a decision on only the information now available to them and that they would have up to 35 days in which to render a decision. If however, the hearing were to remain open, they would need to ask for an extension from the applicant.
After discussion, Agent Szewczak made a motion, which was seconded by Agent Storey to close the public hearing for IW #362. A separate motion was made by Agent Olsen and seconded by Agent Poirot to close the public hearing portion of the meeting at 8:32 p.m. Vote was 7-0-0.
A motion was made at this time by Agent Olsen, seconded by Agent Storey, and unanimously voted to hold a brief recess at 8:33 p.m.
REGULAR MEETING
1. Call To Order:
The regular meeting was called to order by Chairperson Pfeifer-Hall at 8:41 p.m.
2 Roll Call:
Present were: Chairperson Pfeifer-Hall and Agents Storey, Olsen, Poirot, Sarno, Szewczak, and Bergamini.
2. Executive Session - Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements, as need. The specific reason should be stated for each session.
There were no items for executive session.
3. Public Participation - Issues of concern not on the agenda.
There were no audience comments.
4. Correspondence.
Items of correspondence received were as follows:
" D.E.P. Notice of intent to issue general permits for various inland water resources activities and to waive public hearing;
" letter from Mr. Northrup to Colleen Brand regarding fence around dumpster at Henry Barnard Elementary School;
" reply from Ms. Brand regarding fence;
" copy of email to Mr. Northrup from Mr. Shanley regarding Sunset Drive erosion;
" copy of email to Mr. Kazmarski, DPW, from Mr. Northrup regarding Sunset Drive erosion;
" notice of upcoming Sustainable Landscape-related meetings and workshops;
" Annual Report 2001 Connecticut Chapter Nature Conservancy;
" notice from NEMO regarding watershed planning; DEP Permit application form for Crescent Lake for use of pesticides in state waters;
" copy of internet article regarding change in Army Corps Wetland Rules; copy of proposed subdivision regulation revisions;
" copy of proposed 2002/03 IWWC budget;
" Wetland Agent's Report;
" updated bylaws;
" DPN 020110.
5. Commissioner's Correspondence
Chairperson Pfeifer-Hall received a survey from the Connecticut ERT regarding services recently provided for the Autumn Fields project.
6. Approval of Minutes - December 18, 2001.
After brief discussion, a motion was made by Agent Szewczak, seconded by Agent Bergamini to approve the minutes with the following amendments: page 7, 3rd paragraph, 2nd sentence - remove "with copy of the proposed changes". At end of sentence add: "A copy of the proposed changes to the subdivision regulations." On 4th paragraph, after "access", add in parenthesis "join or participate in)". Vote was 5-0-2 (Poirot & Storey).
7. Wetlands Agent Report: for December 18, 2001 to January 14, 2002:
Mr. Northrup briefly reviewed the Agent's report. He noted that at the Botticello Excavation pit, work is under way. Hay bales are up in areas ready to be seeded.
He has checked on the Still Meadow Subdivision and it appears that the contractor is following the plans and keeping within the requirements of the permit.
Mr. Northrup provided an update on the Martin Brower property at 191 Moody Road. Erosion control fencing needs to be installed immediately. The applicant intends to comply with the remaining permit requirements (turtle habitat berm, snow stockpiling area, birdhouses, etc.) in the spring. They have up to five years to complete the project as long as they begin within one year of approval, which they have.
He visited the Kawczak property and found that more slope has been exposed by removal of wood chips. There is no sedimentation fencing installed.
Mr. Northrup noticed some golf carts parked within 20 feet of a wetland area on the Turf Products property. He will call the owner to determine if these are to be parked there temporarily and what kind of fuel they use.
Mr. Northrup reported that Mr. Caronna of the North Central District Health Department has not returned calls made to him regarding the North River Street properties.
8. Old Business
Discussion of Bylaw Changes: Continued from Previous Meeting:
A motion was made by Agent Storey, seconded by Agent Sarno to place this item later in the agenda. Vote was 7-0-0.
" For Discussion Regarding a Decision:
" IW 362, Application of Elm Development, LLC, for regulated activities associated with a senior residential development to be called Autumn Fields, located west of Elm Street opposite the Police Station at 293 Elm Street (Map 75, Lot 1). [Submitted Nov. 27, Rec'ed Dec. 4, PPE Dec. 18, 2001, MPHCD Feb. 1, 2002, SLMPHCD Mar. 18, 2002]
A motion was made by Agent Olsen, seconded by Agent Szewczak to table further discussion on this application until the Agency's next meeting, scheduled for Tuesday, February 5, 2002. Vote was 7-0-0.
It was the consensus that a final decision on whether or not a swale will be required will be determined at the Agency's next meeting.
" Determination of Permit Need 011212: Request by Kevin Ferguson for tree cutting and removal of fire wood from property accessed off of Hillyer and Pearl Street Extension (Map 18, Lot 277). [Submitted Dec. 12, 2001]
Mr. Ferguson presented a map showing the general outline of his property, as well as the approximate location of an interior logging road, wetlands, and the proposed 3 to 4 acre area to be cut.
The logging road that already exists, and runs through the wetlands, needs to be widened by approximately 10 feet to allow for a truck and chipper to pass.
Mr. Ferguson agreed with Agency members that cutting should be done in the winter.
After further discussion, and agreement by the applicant to complete the project during the winter months, so as not to harm wetlands, and widen the existing road through the wetlands only enough to allow for safe travel with equipment, a motion was made by Agent Olsen and seconded by Agent Storey that no permit is necessary. Vote was 7-0-0.
IW 363, Application of Alan K. Tracy, for regulated activities associated with the construction of a car wash facility, at 126 Hazard Avenue, south side, approximately 240 feet east of Palumba Drive. [Submitted Jan. 3, Rec'ed Jan. 15, PPE Jan. 30, MAD Mar. 21, SLMAD May 25, 2002.]
Mr. Tracy, the applicant, Mr. Norton, the project engineer, and Mr. Gragnolatti, the soil scientist, explained that this project was originally approved slightly over 1 year ago.
Through an oversight, a request for extension was not filed.
Mr. Tracy noted that the Zoning Commission has recently granted an extension for its' permit.
Since this is technically a new permit, members discussed the possible need for a public hearing. The application was approved under the current IWWC guidelines, including a 100 foot regulated area.
Mr. Tracy also stated that the storage tanks previously on the property were removed by the owner several years ago.
Also, there are two wells on the property. One has been abandoned; one will be used by the applicant.
In response to questions by Agent Szewczak, Mr. Tracy explained that he is not proposing to re-use the wash/rinse water.
It was the consensus of the Agency members that no public hearing on this application will be necessary.
Since the application cannot be approved due to the regulatory petition period requirement, a motion was made by Agent Olsen and seconded by Agent Bergamini to continue Application IW#363 until the next meeting of the Agency, scheduled for February 5, 2002.
" Determination of Permit Need 020108: Request of Tri-State Diesel, Inc. for modifications to the site inclusive of two (2) heating oil tanks and an emergency generator, at 1Depot Hill Road. [Submitted Jan. 8, 2002.]
Mr. Monty Kroh and Mr. Scott Pagliughi explained that the Kenworth dealership located at 1 Depot Hill Road recently installed 2 heating oil tanks and a self contained back up generator with 100 gallon fuel tank.
Due to concerns over possible leakage if heating oil tanks were installed underground, the owner decided to install self contained, above ground "ConnVault" tanks. They are steel tanks, surrounded by a membrane and then an additional 6" of concrete. The feed lines to the building are buried approximately 4' down in fine sand and were installed by a licensed company. The tanks are located 10' behind the curb and are surrounded by barriers.
The site contains a total of 17 test well monitors, with 5 located in the immediate vicinity and down grade of the tanks.
Mr. Kroh also explained that the generator has double containment, sits on a concrete pad, and holds 100 gallons of diesel.
After brief discussion, a motion was made by Agent Olsen and seconded by Agent Sarno that no permit is needed for this application. Vote was 7-0-0.
" IW 336.02, Application of SullivanHayes Companies NE, for extension and amendment of a permit granted to Berkshire Development, LLC, for regulated activities associated with the construction of a commercial development of a hotel and restaurant to be located on the southwest corner of Hazard and Phoenix Avenues. [Submitted Jan. 9, Rec'ed Jan. 15, PPE Jan. 30, MAD Mar. 21, SLMAD May 25, 2002]
Agent Storey excused himself from participation on this application due to a potential conflict of interest.
The Agent's report raised the question whether the permit holder had changed because the original had been granted to Berkshire Development, LLC. Mr. Jed Hayes explained that SullivanHayes Companies NE is part of Berkshire Development, LLC. The current permit is about to expire and he also explained that there has been a change in hotel chain expected to use this site.
The change has resulted in changes to the site plan. The new hotel will have a smaller footprint - from 12,000 square feet, down to 10,000 square feet.
The original plans called for the hotel to run east/west and the casual restaurant to be orientated north/south. The new lessee has requested that the buildings be re-orientated 90 degrees.
The total site is approximately 18 acres; total development is 2 ½ acres with less than ½ acre wetland disturbance and the creation of ¾ acre new wetlands as mitigation.
The applicant will provide the same water quality measures. Further details on the entire project and its' effect on wetlands will be available upon completion of the engineers' plans.
Because there is some question as to who the proper applicant should be, Mr. Northrup was directed by Agency members to obtain a legal opinion from the Town Attorney's office.
After lengthy discussion as to whether or not an extension should be granted at this time, or if a new application is required, a motion was made by Agent Olsen to extend the permit by 90 days. He then amended his motion to extend the permit up to one year. Seconded by Agent Bergamini. Vote was 5-1(Pfeifer-Hall)-0.
A motion was then made by Agent Szewczak and seconded by Agent Bergamini that a public hearing be held at the Agency's meeting of February 5, 2002 for modification to the permit due to significant impact. Vote was 6-0-0.
" Determination of Permit Need 020110: Request of Green Meadow Lumber, Inc. for logging of market timber at 283 Brainard Road. [Submitted Jan. 10, 2002]
Agent Storey returned to the meeting at this time.
Mr. Christian Kruger, registered Forester, represented the applicant regarding logging at 283 Brainard Road. Mr. Kruger noticed a stream on the property and asked Mr. Northrup to determine if a permit would be needed.
Mr. Northrup believes that the stream is actually a drainage ditch and does not qualify as an intermittent stream.
Mr. Kruger is proposing to use Best Management Practices for logging. A logging road exists and will be used by the two man crew and skidder.
Mr. Northrup noted that the area is not within mapped wetlands and feels it meets the agricultural exemption.
Agent Storey made a motion which was seconded by Agent Olsen that no permit is needed for this application. Vote was 7-0-0.
" Discuss List of Permits with Snow Stockpiling Conditions.
Mr. Northrup presented a list of permits with snow stockpiling conditions. He hopes to have more details on exact locations of the stockpile areas and corresponding signage by the Agency's next meeting. While he may not be able to visit each site after each storm, he stated that he would give his best effort to visit completed projects when he is out in the field.
Members asked if a similar listing of conservation easements could be developed. Mr. Northrup stated that he will look into the matter further.
At this time, the Agency took up the agenda item of:
Discussion of Bylaw Changes: Continued from Previous Meeting:
Mr. Northrup reviewed the most recent changes to the Bylaws.
Members held some discussion on the subject of site walks. Mr. Northrup strongly discouraged two or more members from making spontaneous site visits. If members wish to conduct group site walks, a twenty-four hour notice could be given for a special meeting and all members and public could attend. Minutes to the meeting would be taken, and the notice would need only be posted in the Town Clerk's Office.
After further discussion of the Bylaws, a motion was made by Agent Olsen, seconded by Agent Bergamini to table further discussion until the Agency's next meeting, scheduled for February 5, 2002. Vote was 7-0-0.
The next meeting will be February 5, 2002.
9. Adjournment:
Agent Poirot made a motion, which was seconded by Agent Storey to adjourn the meeting at 11:00 p.m. Vote was 7-0-0.
Respectfully Submitted,
___________________________
Mary Bergamini,
Secretary
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