b. IW-515 - Villages, LLC - Application proposing a 38-lot residential subdivision located off of Simon Road (map: 69, lots: 267, 268 & 296, zone: R-44), bordering the Town of East Windsor, CT. Activities are proposed to be located within the regulated area. Submitted 11/17/08, Received 11/18/08, PPE 12/2/08, MPHCD 2/10/09 Requested continuance to 2/17/09. Agent Nelson left the room prior to the opening of this public hearing. Chairman Maxellon later explained that Agent Nelson recused herself from this application.
Mr. Pat Tallarita, Attorney Paul Smith, Dr. Clarence Welti, and Mr. John Martucci, Engineer, represented the applicant.
Mr. Martucci presented updated plans to the Agency, along with landscape plans, a list of changes to the plans since the meeting of January 20, 2009, and language for the deed restrictions.
He also reviewed a three page memo from himself to Ms. Bednaz, dated 02/11/09 regarding the applicant’s response to the Enfield Conservation Memo of 01/20/09.
The memo states the limits that will be place on lots adjacent to the escarpments, that the project will not discharge any runoff onto the slopes, explains adjustments that have been made to the building line based on Dr. Welti’s recommendations, addresses rain gardens, detention pond concerns, and feasible and prudent alternatives.
Mr. Martucci added that hooded catch basins and hydro-dynamic separators would not provide additional water quality.
He explained that the sewer crossing work will take 2 or 3 days.
In regards to the landscape plans, Mr. Martucci explained that he met with a representative of Tarnow Nursery regarding the islands. Low maintenance and low growing bushes or native species will be used for the boulevard.
For the slopes, shrubs and ground cover will be used where there has been disturbance. The planting plan for the cul de sac includes trees and shrubs.
Also, four building lots have wetlands on them, but no wetland buffer. The applicant proposes white pines and arrow wood.
Mr. Martucci briefly reviewed the list of changes that have been made to the plans. These changes include topsoil phasing, removal of Ms. George’s name from the planting details, addition of “no parking” signs on the cul de sac, profiles for pond outlets, a drainage easement for lot 15, erosion and soil controls for the sewer crossing and a concrete encasement for the under channel crossing.
Chairman Maxellon asked how far below the stream will the pipe be installed.
Mr. Martucci replied that it will be 6’ deep and approximately 75’ long.
Other changes include revised drainage for pond #3, details for the scour holes, flush curves at the cul de sac island, the conservation easement is now shown, the lot line for lots 27/28 has been relocated, tree symbols from the boulevard have been removed, construction entrances are shown for phases 2-4 and drainage outfalls are included for ponds 2 & 3.
Chairman Maxellon asked why the slope would be changed from 2.5:1 to 3:1.
Dr. Welti replied that seepage on the slope would require a special slope. 3:1 is normally a natural slope where there is seepage, both geologically and for engineering.
Mr. Tallarita stated that he applicant wants to make sure that the full package is being presented to the IWWA so Dr. Welti was asked to attend, to answer questions from the Agency.
Chairman Maxellon noted that the Agency has also hired a consultant – Dr. Harvey Luce, a soil scientist and Robert Thoreson, from UConn. They are still gathering information and the agency hopes to have a report soon. They are reviewing the plans and may visit the site if they feel it is necessary.
Mr. Martucci added that the previous Wetlands Agent for the Town, Steve Sadlowski, had provided the material for a 2.5:1 slope, but it was for a different project.
Agent Staples asked if all of the engineer’s concerns have been addressed.
Mr. Martucci stated that all wetland impact engineering issues have been addressed. There are some discrepancies between drainage calculations and elevations; these will be addressed. Also, Mr. Cabibbo has concerns regarding some sheet flow on phase 2. Because of this, phases 2 &3 may be combined.
Agent Staples stated that he hopes to have the issues addressed. It is costly for the applicant and time consuming and confusing for the IWWA members to review.
Agent Staples asked how a problem could be stopped.
Dr. Welti replied that streams have “energy balance”. Every time an attempt is made to correct a problem, you find that you create another problem upstream or downstream.
He added that it is important to avoid drainage on slopes. Where there is seepage, there will be erosion. Natural things should be left natural. It will eventually find itself back to a 3:1 slope.
He also noted that there are some gullies and they will likely enlarge.
Agent Camidge asked if Dr. Welti has any issue with digging into the slope in 3 places.
Dr. Welti responded that one needs to be very careful. It has to be done in the right season and not leaving an extensive amount open.
He added that in this case, you may see things happen that you won’t like, but they will likely be negligible.
Ms. Bednaz noted that the Engineer’s memo still has several items that have not been addressed.
Agent Peruta expressed his concerns over excavation on the slope and impacts of failure or seepage of a pipe.
Dr. Welti agreed that it does happen. Pipe failures do occur so velocity needs to be looked at. He added that everything is a concern when dealing with escarpment.
He also noted that not everything goes to the bottom. There are dropped manholes planned also.
Agent Peruta asked what happens when a slope is steeper than 3:1.
Dr. Welti replied that the slope, depending on seepage, may go back to 3:1, depending on the propensity of erosion. The angle of repose is for dry “sugar” material, 31 to 34 degrees.
Agent Peruta asked if existing trees will be cut, especially near the state owned property.
Mr. Martucci replied that there actually will be a tree line created in some areas, while other areas will be cleared.
Agent Peruta asked if detention ponds become wetlands.
Ms. Bednaz stated that it depend on the pond and the construction of it, as well as the period of inundation. She also noted that the pond is created to treat storm water and is to be maintained.
Agent Camidge expressed concern over the possibility of groundwater following the pipes.
Dr. Welti agreed that it may; he is not sure where the seeps are.
Mr. Martucci stated that wherever the Town has installed new pipes, they have remained stable. They have back filled with less erodable soils and these will be put in under inspection of the Town. If seepage is found, an under-drain can be installed.
Chairman Maxellon asked why the outlet to pond #3 was moved.
Mr. Martucci replied that it was at the request of the Engineering department.
Agent Littlejohn left the meeting for the evening at 9:14 p.m.
Ms. Bednaz added that Mr. Cabibbo was adamant that pipes discharge at the bottom of the slope.
Chairman Maxellon asked if the reason ponds # 1 and 2 cannot be combined into pond #3 is because of cost.
Mr. Martucci stated that is the reason. It would need to all be constructed during phase 1, requiring ½ mile of piping.
Chairman Maxellon asked if pond #2 becomes full, will the weight be an issued, considering its’ proximity to the end of the escarpment.
Dr. Welti replied that if the slopes are sufficiently flat, one should be able to avoid an issue. It needs to be 3:1 slope within the pond as well.
Mr. Martucci added that the pond was moved so as to be a 4:1 slope.
Ms. Bednaz asked why it was moved to be 40’ from the slope.
Dr. Welti could not respond to this question; Ms. Bednaz asked that an answer be available at the Agency’s next meeting.
Chairman Maxellon noted that sidewalks and boulevards are P&Z issues. If the IWWA approves the plans presented and the P&Z Commission makes changes, he wondered if the applicant needs to return to the IWWA.
Ms. Bednaz replied that it would be only if there is a significant impact to the IWWA.
Chairman Maxellon asked if there is a concern if there were to be a seismic event near the slope.
Dr. Welti responded that wherever there is seepage, you would see flattening of the slope.
Ms. Bednaz reviewed the timeline for the sewer crossing and basin #3. She asked if disturbance for the entire process will be for only 2 or 3 days or if that is just for wetlands disturbance.
Mr. Martucci replied that it is just the timeframe for working in the channel. The entire excavation of the channel will likely take a week.
Ms. Bednaz asked how the channel would be protected if a trench was open and severe weather occurred.
Dr. Welti stated that the contractor should try to have at least 1 week open, otherwise there will be more disruption and it would create a big problem.
Mr. Martucci added that he trench will be installed piecemeal, not the entire length at one time.
Mr. Tallarita added that it will be the developer’s responsibility to be prepared, and/or fix.
Agent Peruta expressed his concern for not only the slopes, but also downstream, to the river.
Ms. Bednaz suggested that multiple check dams might be advisable.
Ms. Bednaz also noted that a 3:1 slope has some variable, if a stream channel widens and the toe of the slope is moved back. She asked if a greater setback is advisable.
Dr. Welti replied, probably, yes. Slopes steeper than 3:1 may eventually become 3:1.
Ms. Bednaz quoted from a memo from the North Central Conservation District that the use of filter fabric in a stream bed is not advised.
Mr. Martucci stated that he spoke with Mr. Askew regarding this. Mr. Askew had stated that geo-textile material becomes an irritant during heavy flow. He suggested using rip rap.
Dr. Welti stated that he does not believe there will be high velocity – 1 to 2’ per second at most.
Ms. Bednaz asked about the proposed conservation easement or deed restriction.
Mr. Smith responded that a deed restriction is being provided. Ms. Bednaz suggested that the slopes be included in the conservation easement.
Mr. Smith suggested that the conditions of approval include language regarding slopes.
Ms. Bednaz will work with Mr. Smith and the Town’s attorney regarding wording of the conditions of approval for the slopes. Mr. Smith stated that he will provide a draft.
Agency members held a brief discussion of conservation easements versus restrictions.
Ms. Bednaz asked if there will be a rain garden in the cul de sac island.
Mr. Martucci stated that there will be a rain garden that will receive water from the road.
Ms. Bednaz expressed her concern that it be constructed properly.
She also noted that the arborvitae are not shown on the landscape plans.
Agent Peruta noted that there is a topsoil stockpile area near detention basin #2. This will need to be silt fenced.
Mr. Tallarita asked if there are any open issues from the Agency members.
Chairman Maxellon replied that items have been communicated throughout this meeting and previous ones. The Agency is waiting for its’ consultants’ comments.
At this time, the hearing was opened for public comment.
Ms. Natalie George of 304 Brainerd Road, Enfield, spoke. She stated that she is a member of the Enfield Conservation Commission (ECC).
She expressed concern over the erosion control plan. She suggested that once construction of the pipe installation is complete, that logs be placed along the slope to keep ATV’s off of the slope. She also asked if the ECC could have a copy of the tape recording regarding Dr. Welti’s portion, since it was difficult for those in the audience to hear what was being said.
Ms. Bednaz replied that they will be available in the Planning Office after the meeting minutes have been submitted.
Mr. Michael Dynia of 29 Plainfield Street, chairman of the ECC and a member of the Scantic River Watershed Association also spoke. He requested a copy of the most recent plans for the ECC members to review.
He expressed concern over access to the river, since no parking will be allowed on the cul de sac.
He also expressed concern over the escarpment slopes, referring to the ERT report. He noted that slopes migrate and erode. He noted that there are signs of erosion on these escarpments but since there are no photos from both before and after the 2005 100 year flood, no one can be sure that the erosion was not there before, or was caused by the flooding. Whether there is construction or not, the slope can erode.
He also noted that it may be difficult to find a lengthy dry period, referring to the 2008 rainfall being the wettest on record.
He also believes that gravity feed sewer system is a viable alternative to the proposed siphon feed.
He recommends an additional 40’ buffer at the top of the slopes.
Mr. Dynia noted that he has seen mussels in the river. He is unsure if they are the same type found in Greenland Pond and suggested that more study may be needed. He offered help from the Scantic River Watershed Association for this.
He feels changes to the plans should continue and is against the plans as they are now.
Mr. Rex Jaffray of 57 Highland View Drive, Somers, president of the Scantic River Watershed Association submitted a letter to the Agency. He thanked Mr. Tallarita for allowing him to walk the property.
Mr. Jaffray reviewed his letter to the Agency. He also noted the watershed portion of the ERT report and expressed concern over the potential for erosion. He asked what the long term plan is to protect the slopes and who is responsible if they fail – what are the repercussions?
He referred to the list of slope failures previously submitted to the Agency. The repairs cost $1.2 million. They are all within the area of the Villages property.
He also expressed concern over the proposed siphon sewer system. The slope has a very steep pitch. Trees and vegetation will need to be removed. A pump station seems very prudent.
He stressed the importance of needing to prevent the risk of damage to the environment, including fish, thermal loading, fertilizer use.
Mr. Jaffray also went on to say the Association is proposing to expand the Scantic River greenway in 2009 and has the support of numerous organizations and politicians.
Mr. Culvert Modisette, 19 Gilbert Road, Somers, a member of the Northern CT Land Trust spoke.
He stated that the Trust owns 65 acres along the greenway and a grant was recently received to expand the greenway. He will be reporting back to his board on this application and will come to the Agency’s next meeting with comments.
Mr. Patrick Sharon of 57 Yale Drive and vice president of the Scantic River Watershed Association spoke next. He expressed concern over the ability of the Town to enforce deed restrictions and covenants. He has observed first hand the amount of trash being dumped along embankments. He stated that people don’t follow deed restrictions and the Town will have the liability in the long run.
Ms. Karen LaPlante, 166 North Maple Street and a member of the ECC also spoke. She presented a letter from Ms. Gretchen Pfeifer-Hall who could not be present this evening. Ms. Pfeifer-Hall is also a member of the ECC.
Ms. LaPlante stated that the ECC has not received the latest copy of the plans for review.
She also noted that the issue of the wells on site has not been addressed.
She feels that bonding should be required – there could be catastrophic problems with the slopes.
She asked the exact location of the open space, and if the slopes are still part of the open space or part of a conservation covenant. She has great concern over slope failure and who will cover the cost to repair them when they fail.
She also asked if there will be a higher volume of water in the channel due to the road drainage being directed there.
No one else in the audience came forward to speak.
Mr. Tallarita stated that the applicant will be sealing the wells or whatever needs to be done so that they are not a safety or contamination issue.
He also stated that they will not be putting water down the escarpments and there will actually be less water than now because it will be graded toward the road.
Also, he added, the Scantic River is a resource. The applicant is not looking to harm it in any way. Open Space is being provided along the river.
The majority of the area to be developed is well drained soil, per the ERT report.
Mr. Martucci stated that the log barriers are a good suggestion – he will develop a detail for the plans.
The wells will be abandoned per the Health Code.
Mr. Martucci also stated that the open space and conservation easements are delineated on the plans.
Also, there will be bonding – for erosion and sediment controls and a general contingency bond.
He added that he feels that the applicant has gone to great lengths to cover all bases.
Parking for the open space will be available along the road.
Agents Lemay and Staples stated for the record that they have reviewed the meeting minutes and other pertinent information for this application and feel that they have enough information to participate in a vote.
A motion was made by Agent Camidge and seconded by Agent Peruta at 10:33 p.m. to continue the public hearing for IW-515 to the meeting of March 3, 2009 at 7:00 p.m. in the Council Chambers. Vote was 5-0-0.
At 10:33 p.m. a motion was made by Agent Staples and seconded by Agent Peruta to hold a brief recess. Vote was 5-0-0.
5. Call to Order of Regular Meeting: The meeting was called to order by Chairman Maxellon at 10:37 p.m.
6. Roll Call: Present were: Chairman Maxellon and Agents Camidge, Lemay, Nelson, Staples and Peruta. Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.
7. Executive Session
(Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements): None.
8. Public Participation - Issues of concern not on the agenda: None.
A motion was made by Agent Nelson and seconded by Agent Camidge to take agenda item #14 out of order. Vote was 6-0-0.
14. New Business
a. IW - 517 - Nicholas Zaccaro - Requesting permit to construct a single-family house within the regulated area at 4 Munda Drive (Map 33, Lot 126). Submitted 1/21/09, Received 2/3/09, PPE 2/17/09, MAD 4/9/09. Nicholas Zaccaro represented the applicant. He stated that there is a storm runoff swale located 100’ from his property line.
Ms. Bednaz explained that the applicant has a very steep slope to the north of the proposed house. At her request, hay bales have been added to the silt fence on the plans.
She stated that if she had been able, she would have approved this application administratively.
A motion was made by Agent Nelson and seconded by Agent Peruta to approve IW #517 with the standard conditions of approval, exclusive of the applicant being required to submit an electronic submission of an A-2 survey. Vote was 6-0-0.
9. Correspondence
a. The Habitat Newsletter
b. Handout - Segment 1: Municipal Inland Wetland Commissioners Training Program
c. Handout - Public Hearing Procedures by Mark K. Branse
d. Notice of Violation - IW# 471.03 - 50 Steele Rd. and 2/9/09 email
e. CAWS 12th Annual Meeting
f. DEP Guidance on Development of Former Agricultural Properties – Ms. Bednaz noted that the suggestion by the D.E.P. is to have every prior farmland tested at the applicant’s cost. She added, however, that there is a need to show connectivity and effect on wetlands.
g. By the River's Rules; Natural Processes Make Way For No Man's Home
h. Enforcement Flow Chart
i. Pervious Concrete Information
10. Commissioner's Correspondence: None.
11. Approval of Minutes - January 6, 2009 and January 20, 2009: A motion was made by Agent Nelson and seconded by Agent Camidge to approve the minutes of the meeting of January 20, 2009 as presented. Vote was 6-0-0.
A motion was made by Agent Camidge and seconded by Agent Peruta to approve the minutes of the meeting of 01/20/09 with the following amendment: correct spelling of all references of “Kirwin” to “Kerwan”. Vote was 3-0-3(Nelson, Staples, Lemay).
12. Wetlands Agent Report: None.
13. Old Business
a. IW - 513 - Albert Nitch - Requesting a permit to conduct regulated activities, some of which have already been conducted, on Post Road (Map 47, Lots 23, 25, 27, Zoned I-1). Submitted 11/7/08, Received 11/18/08, PPE 12/02/08, MAD 1/22/09, Requested Continuance to 3/19/09. The applicant has requested an extension to the meeting of March 17, 2009.
15. New Applications to be Received
(As presented by the Agent to the Agency at the meeting, if applicable):
IW-471.04 – Tim Fortune – Requesting a modification to existing permit IW-471.03 for modifications to the approved drainage, potential for driveway elevation change and grading to provide as swale within the utility easement at 50/52 Steele Road (Map 52, Lots 429 & 430). Submitted 2/13/09, Received 2/17/09, PPE 3/3/09, MAD 4/23/09.
Ms. Bednaz explained that she has visited the site 4 times for erosion and sediment control inspections. There were still issues as of February 6, 2009 and she requested that hay bales be installed.
She also reported that Mr. Fortune had installed another outlet in the channel, from the foundation footing drain. He had stated that this was because of irrigation in the lawn and underground utilities location.
She added that he is looking to re-grade the utility easement and install a yard drain.
At 10:58 p.m., a motion was made by Agent Nelson and seconded by Agent Staples to extend the meeting past 11:00 p.m. Vote was 5-1(Peruta)-0.
Agency members expressed frustration at Mr. Fortune’s lack of compliance.
Ms. Bednaz suggested that the Agency begin working on a fines ordinance.
Members discussed the need to make sure that Mr. Fortune does not continue to move or install things prior to getting IWWA approval.
Ms. Bednaz noted that each modification to the IWWA permit costs $105 in fees, plus the cost of plans and experts.
Members expressed their disappointment in Mr. Fortune’s lack of cooperation.
A motion was made by Agent Nelson and seconded by Agent Lemay to table discussion on this application to the meeting of 03/03/09 at 7:00 p.m. in the Council Chambers. Vote was 6-0-0.
16. Other Business
a. Revisions to IWWA Bylaws
b. Next regular meeting is Tuesday, March 3, 2009 at 7:00PM in the Council Chambers.
17. Adjourn: A motion was made by Agent Staples and seconded by Agent Camidge to adjourn the meeting at 11:08 p.m. Vote was 6-0-0.
Respectfully Submitted,
____________________________
Jo-Marie Nelson, Secretary