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Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, January 19, 2010
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, January 19, 2010 in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.
MEMBERS PRESENT: Douglas Maxellon, Chairman
Joseph Albert, Alternate
Karen Camidge
Robert Lemay
Jo-Marie Nelson
Brian Peruta
Patrick Szczesiul, Alternate (seated)
MEMBERS ABSENT: Robie Staples
ALSO PRESENT: Katie Bednaz, Wetlands Agent
Susan Berube, Recording Secretary
REGULAR MEETING
1. Call to Order: The meeting was called to order by Chairman Douglas Maxellon at 7:33 p.m.
2. Roll Call: Present were: Chairman Maxellon and Agents Albert, Camidge, Lemay, Nelson, Peruta and Szczesiul. Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.
3. Pledge of Allegiance: The Pledge of Allegiance was recited.
4. Executive Session
(Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements): None.
Chairman Maxellon seated Agents Albert and Szczesiul as full voting members for the public hearing and remainder of the regular meeting.
5. Public Hearing
a. IW-533 - Town of Enfield - is requesting a permit to reconstruct Post Office Road and Town Farm Road beginning on Post Office Road, 175-feet east of Raffia Road and ending on Town Farm Road, 150-feet east of Abbe Road within the regulated area (Map 86 Lots:169, 155, 293, 291, 158, 150, 167; Map 71, Lots: 1, 25, 27; Map 68, Lots: 161, 164, 153, 151, 152, 197). Submitted 11/23/09, received 12/01/09, PPE 12/15/09, MPHCD 1/19/10.
Mr. Piya Hawkes, Town of Enfield and Mr. Jeff Lemay of the Maguire Group represented the applicant.
Mr. Lemay distributed copies of the written response to comments by Staff and from the Agency’s last meeting. He also provided updated plans.
Mr. Lemay reviewed each of the points in response to Ms. Bednaz’s Agent Review.
This included the following:
* The soil scientist’s certification and signature have been added to the plans;
* The mitigation plan includes monitoring for the 1st 5 growing seasons and can be extended if remedial measures are required within 2 years of the end of the initial monitoring period; photos of the monitoring plots will be taken; the plans have been revised to show monitoring plots to be 10 meters square in size. Monitoring will be conducted at the same time each year, in the spring and fall.
* Inspections will be conducted according to the specifications recommended by the Wetlands Agent;
* The shooting range is not located within the work area and will continue regular operations.
* The project has been designed to maintain the existing hydrology patterns, except in the instance of elimination of the outfall at the Holy Family Church property. Drainage to wetland C & D will be increased slightly but will not negatively impact them since most of the additional water will flow through the wetlands into the Scantic River. The increase will not negatively affect the property to the west since most of that property is elevated above the wetlands; it will not negatively impact the property to the east because the increase is minimal and the area is already prone to frequent flooding from the Scantic River.
* The potential vernal pool should not be affected since the hydrology within wetland I will not be significantly altered.
* The staging area has been added to the plans.
* The contractor will reconstruct no more than 500 linear feet per week. Catch basin tops will be elevated at least 1.5” above the roadway surface until the end of the project, when the final course of pavement will be installed.
* A Storm water Maintenance Plan is now included in the plans.
* The storm water outfall at station 50+100 has a proposed level spreader weir to dissipate discharge flows and promote sheet flow. No disturbance of the channel flows is anticipated.
* Non degradable erosion control matting has been added to the area of the berm for water quality basin #2;
* A note has been added to the erosion and sediment control plan that no vehicles or fluid filled materials be stored within 50’ of wetlands or watercourses.
* Concrete washout procedures have been addressed in note #6 of the Erosion & Sediment Control Plan;
Mr. Lemay added that Ms. Bednaz will be provided a full set of the updated plans.
Also, hay bales will surround catch basins located off of the roadway.
The storm water maintenance plan is now on the plans as well as provisions for short and long term maintenance.
Swales and basins are located within the Town’s right-of-way.
The applicant is still working on the best way to access the area on the east side of the bridge for maintenance. At worst, the guide rails would need to be temporarily removed.
Mr. Lemay reported that the project has gone out for bids; bid opening will be this Friday.
Mr. Hawkes added that once a contractor has been chosen, funds from the State need to be obligated by March 2, 2010.
Mr. Lemay stated that he has had informal communications with the Army Corps of Engineers and expects final approval this week.
Planning & Zoning will receive the application this week and will be on their February 4, 2010 agenda.
Ms. Bednaz noted that the public hearing is scheduled to close this evening. The Agency will need to decide whether to close or extend it. If it is closed, no additional information can be received.
Agent Peruta asked if all approvals need to be obtained by March 2, 2010.
Mr. Hawkes replied that they do not.
Chairman Maxellon noted that access for the maintenance of the basin on the east side of the bridge still needs to be addressed. He also added that he has heard from residents who are concerned that the bridge may, at times, be shut down.
Mr. Lemay stated that 2-way traffic on the bridge will be maintained at all times.
At this time the hearing was opened for public comment. No one in the audience came forward to speak for or against this project.
Ms. Bednaz recommended that the Agency not close this public hearing so that the final, updated plans can be received. She will provide proposed conditions of approval at the Agency’s next meeting.
Mr. Hawkes requested an extension of the public hearing to the February 2, 2010 meeting.
At 8:24 p.m. a motion was made by Agent Camidge and seconded by Agent Lemay to accept the applicant’s request to extend the public hearing to February 2, 2010 and table the public hearing to the meeting of February 2, 2010 at 7:00 p.m. in the Council Chambers. Vote was 7-0-0.
Agent Camidge left the room at 8:25 p.m. and returned at 8:26 p.m.
b. IW-534- Enfield Properties - is requesting a permit to construct two office buildings and five residential apartment buildings on vacant lots and 153 South Road (Map 55, Lots 80, 93 & 99), within the regulated area. Submitted 12/15/09, received 12/15/09, PPE 12/29/09, MPHCD 2/23/09.
Frank Troiano, Dave Ziaks of F.A. Hesketh, Attorney Thomas Fahey, and George Logan, biologist and soil scientist from REMA Associates represented the applicant.
Mr. Troiano explained that the proposed project is for the construction of 2 commercial office buildings and elderly rental buildings containing 1 and 2 bedroom units.
The Planning & Zoning Commission, in the fall of 2008 changed their regulations to allow the elderly rental development.
Mr. Ziaks explained the proposal in further detail. He stated that the property is currently 3 existing lots, totaling 25.99 acres. Soil scientist Tom Pietras flagged the wetlands.
The 9.87 acres of wetlands follows no straight line. The property was previously used as farmland; the topography is mostly manmade over the past 40 to 50 years.
This is in a split zone, the easterly side being in zone R44 (40%) and the westerly size being in Industrial 1 (60%).
Five apartment buildings, 3 stories high with a total of 96 units are being proposed. Also, there would be 2 office buildings located along South Road.
The area in the southwest corner is more appropriate for a warehouse type building but the applicant has no plans for such a development at this time.
The apartments would have 148 parking spaces and the office buildings would have a total of 160 spaces.
The property is served by public water and sewer.
There would be 4,949 square feet of direct wetland disturbance, all in the R44 portion and 5.46 acres disturbance within the upland review area.
Mr. Ziaks provided an aerial photo of the site. The rear portion of the site is heavily wooded and will not be disturbed. The tree line follows and intermittent water course through the property.
Mr. Ziaks briefly explained the proposed storm drainage system. It will be a low impact design, including some pervious pavement, underground infiltration and numerous water quality basins, instead of just one large one.
There will be some sheet runoff instead of curbing and there will be no increase in peak runoff.
The watershed from the property heads west, eventually to Freshwater Brook.
Mr. Ziaks referred to the 40 scale plans named “GR-1” and “GR-2”.
GR-1 shows details of the proposed apartment buildings. The main driveway will be off of South Road. Wetlands, grading, and small retaining walls to minimize the footprint are included.
There will be a direct impact of 2,449 square feet to the wetlands for a crossing. The area would be filled in for a driveway and is in the location where a farm road has existed for many years.
There are also 2 isolated wetland pockets of 850 and 1,000 square feet and one small wetland to be filled in for construction of a fire lane. This fire lane would be gated on both sides.
The applicant is requesting that the Town Council approve abandonment of the paper portion of Barrett Road.
Because of the shape of the wetlands, most activities fall within the upland review area.
There is a larger wetland in the southerly portion but there will be no activity there, except for enhancement with plantings.
GR-2 is shows details of the I1 zone. It shows flagged wetlands and the proposed buildings. Most of the footprints of the buildings are outside of the upland review area but the driveway and parking areas are all within the upland review area.
The applicant proposes a conservation area of 5.5 acres in the R44 zone. It is anticipated that there will be additional conservation area on the industrial side but the exact amount is not known at this time.
Mr. Ziaks went on to state that there is no practical alternative for the wetland crossing. It is already a heavily disturbed area. There is not a watercourse through that area so a bridge or culvert is unnecessary. It is the same situation where the fire lane is proposed.
It is possible that the 2 isolated wetlands slated to be filled in are manmade, through farming activities.
Regarding feasible alternatives, Mr. Ziaks informed the Agency that there was a previously approved plan, in 1991, with the same type of split – 60%/40%. It was for 20 attached condominium units and two larger industrial buildings. That plan had more wetland impacts.
Another alternative would be for 3 residential lots. The rear of the property could not be accessed without additional crossings.
A third alternative would be to reduce the footprint of the proposed apartments down to 42 units, however the applicant feels that this would not be financially feasible or prudent.
He added that no matter which alternative is used, there is no way to access the rear portion of the property without a wetland crossing.
The applicant would like to move forward with the apartments immediately. The office buildings would be market driven. Currently, there is no interest or market for industrial buildings.
The applicant has resolved the fire chief’s concerns by adding the additional fire lane.
Mr. Ziaks concluded by stating that the applicant will conclude the presentation this evening but hopes that the public hearing will remain open until the meeting of February 16, 2010. This will give the applicant time to adjust the plans to comments received and add mitigation, as well as work out all issues.
Mr. George Logan reviewed the plans from his perspective.
He stated that he saw the site in 1991 and again in late 2009 and early 2010. He will submit a comprehensive report to include impacts and mitigation.
The site has been in agricultural use for decades. Lateral ditches were dug to dewater the site. He will provide a report on the existing water quality conditions on site.
Mr. Logan stated that he feels that this proposal is the only alternative for development of the site. When visiting the site, he used the existing farm road at the site of the proposed wetland crossing.
Regarding the isolated wetlands, they have little, if any functionality.
Regarding the overall quality of the wetlands, some have quality – moderate to above average.
There are some invasives on site – purple loosestrife, autumn olive, phragmite.
In-kind mitigation will be provided. There are 3 areas proposed: one in an open field area, one triangular area and one near the proposed crossing. Together they equal approximately 4,900 square feet.
Mr. Logan will meet with Ms. Bednaz this week to discuss ideas for improvements to the remaining wetlands and removal of invasives.
Attorney Fahey explained that 2 areas of Barrett Road are within the upland review area. The Town will need to sign the application as well and Mr. Coppler has been given authority by the Town Council to do so.
He also noted that abandonment of the paper portion of Barrett Road will be on the Town Council’s next agenda.
Ms. Bednaz referred to the ART notes provided to Agency members. She stated that she hasn’t seen the proposed mitigation yet and will provide written comments once the plans have been received.
Ms. Bednaz also noted that the storm water management report has been submitted. She believes that storm water will be taken care of on site so that there should not be any impact downstream.
She also noted the need for applicants to make sure that the application is complete at the time of initial submission.
She added that the alternatives analysis should be provided in writing as part of the complete application. Also, she is waiting to see the rest of the whole application and will provide comment then.
Agent Camidge asked if the delineation of the wetlands was last done in 1991.
Mr. Ziaks replied that it was last done in 2009.
Ms. Bednaz noted that it should be on the plans. She added that she walked the site with Mr. Pietras. There were several marginal areas and she suggested that they be given attention, either by pulling the work back or providing mitigation.
Mr. Ziaks stated that the applicant has provided drainage calculations. The general flow is toward the center of the property and then flows to the west, through a 24” culvert then to an open channel, then through another culvert, through the industrial park and eventually into Freshwater Brook. It is a very gradual, slow movement. The intermittent channel on the site is the only well defined watercourse.
The areas for water quality basins will be sized for the area that each one covers; they will discharge into the wetlands.
On the commercial side, there will be larger detention basins and some underground storage. There will be no increase in runoff
Chairman Maxellon asked if any flow comes from the north side of the property.
Mr. Ziaks stated that it does not – it all comes from on site.
Mr. Jeffrey Bord, Town Engineer, noted that 4 of the 10 water quality basins are being used as detention basins, allowing for zero increase.
Ms. Bednaz noted that there is a culvert downstream that has flooding issues.
Mr. Board stated that the driveway holds up to a 25 year storm event; anything over that, water will top over the driveway.
Mr. Ziaks stated that, based on the condition of the driveway, this has probably never happened, however Mr. Troiano is offering to replace the driveway if the private owner agrees. It is not a public safety issue and there is no peak runoff increase.
Mr. Ziaks also stated that he will post the water quality plans on the FTP website.
Agent Peruta stated that he feels that he proposed conservation area is a great idea.
Mr. Ziaks agreed and added that there will be no mechanized access, perhaps only passive activity.
Agent Peruta asked if any of the existing stockpile covers any wetlands.
Mr. Ziaks stated that whatever is there for a stockpile will be removed.
Mr. Logan added that the wetlands in that area are all in the forested portion.
Ms. Bednaz noted that one of the wetland flags goes right to one of the stockpiles.
Mr. Peruta stated that he wants to make sure that the stockpiles are not currently impacting wetlands. He will visit the site later this week. He also asked about snow stockpile areas.
Mr. Ziaks stated that he will provide a written plan. It is likely that the water quality basins will be used. This will allow for smaller piles, scattered around.
Agent Peruta also stated that he likes the idea of porous pavement that is proposed and asked that the plans include maintenance for this.
Mr. Ziaks agreed to do so.
Agent Lemay asked that the type of fertilizers be included in the maintenance plans. Mr. Ziaks agreed to this request as well.
Agent Szczesiul noticed that the landscape plan for basin #5 includes invasive species.
Mr. Logan stated that he would look into this.
Agent Camidge noted that the road to the proposed commercial buildings area will be built but the applicant will not be building them immediately?
Mr. Troiano stated that the apartment buildings will be built first.
Agent Camidge expressed concern over the amount of wetlands that would be impacted. She noted that it is just under the 5,000 square feet that would require Army Corps of Engineers review.
She also noted that she is unfamiliar with having snow stockpiled in water quality basins.
Mr. Ziaks stated that there will be several small parking areas. It is not any different than local condominium projects. There will not be a lot of sand and salt used so there will be less contamination. A maintenance plan will be included.
Mr. Logan added that there are some types of salt that can be used. When there is a large stockpile of snow, a concentration of pollutants is created.
Using smaller piles, the concentration is spread out.
Agent Nelson asked if there would be a staging area for construction equipment and materials.
Mr. Ziaks stated that it will be added to the plans.
Agent Nelson asked, after noting the use of erosion control blankets at water quality basins #8 & #10 if there would be slopes of 3:1 or greater.
Mr. Ziaks replied that yes, there would. These basins will be partially excavated and partially created from the raised parking. There will be nothing steeper than 3:1.
Chairman Maxellon asked if there will be a maintenance plan for the detention basins.
Mr. Ziaks replied that it will be included in the plans and that snow will not be stockpiled in those locations.
Chairman Maxellon suggested the use of green roofs on the proposed commercial buildings.
Ms. Bednaz asked that the tree line be checked on the Barrett Road terminus.
She also noted that Mr. Cabibbo, Town Engineer, is opposed to using detention basins for snow stockpiles. She asked if this is the same for water quality basins.
Mr. Bord stated that the snow should not be stockpiled within the basins, but alongside, so that it melts into the basin.
Ms. Bednaz requested signage to alert contractors not to pile snow in the basins.
At this time, the hearing was opened for public comment.
Mr. Pat Sherman of 49 Barrett Road spoke of his concerns. There are several children in the area. He is glad there will be no access from Barrett Road.
He asked if there is any intention of opening the road.
Mr. Troiano replied that there is not.
Regarding Mr. Sherman’s question on abandonment of the paper road, Mr.
Fahey explained that each of the 2 abutters of the roadway would own 25’.
Mr. Sherman also asked if the rail at the end of Barrett Road would remain.
He does not want traffic at the end of the road, or a place for parties.
He also asked if water going to the west and north would impact any neighbors.
Mr. Ned Belanger of 43 Barrett Road noted that one neighboring property is very wet due to the ditch being clogged. It needs to be cleaned out and possibly connected to one of the applicant’s proposed basins.
He also asked about property setbacks.
Mr. Sherman asked for the definition of senior housing, if there are any time limits on the zoning limitations or income limits.
Mr. Matt Hebert of #51 expressed his concern over melt off from snow stockpiling entering into his back yard, saturating it. He stated that his backyard is already a bit wet.
Mr. Sherman asked why an emergency access from Barrett Road is necessary and asked for confirmation that there will be no traffic from this project on Barrett Road, even during construction.
Mr. Hebert asked for the definition of a culvert.
Mr. Fahey explained that the paper road abandonment would be forever. He encouraged the Barrett Road residents to ask the Town Council to support the request for abandonment.
He added that the amendment to the regulations allows for residents 62 and older. The property owner may be required to report to the Planning & Zoning Commission yearly. There is a deed restriction for the age restriction.
This property will be non-subsidized housing and apartments will rent at market rate.
Mr. Ziaks stated that he will look at the staging area again. With regard to the fire lane, most access will be off of South Road, with 2 roadways in. The fire department has requested a 3rd option and it works to the advantage of Barrett Road residents also. The road will be gated at both ends. He added that he feels that there is reasonable argument to abandon the paper street.
The conservation area will remain in private ownership.
Construction traffic will be banned off of Barrett Road. All construction traffic will come in through South Road.
A culvert is another name for a storm drainage pipe.
Mr. Ziaks stated that he will contact the 3 abutters attending this meeting to do a field walk with them.
Mr. Troiano again noted the importance of the neighbors’ input on the abandonment of Barrett Road.
No one else in the audience came forward to speak for or against this application.
A motion was made at 10:16 p.m. by Agent Nelson and seconded by Agent Camidge to continue the public hearing to the meeting of February 16, 2010 at 7:30 p.m. in the Enfield Room. Vote was 7-0-0.
A recess was called by Chairman Maxellon at 10:17 p.m.
6. Call to Order of Regular Meeting: The regular meeting was called to order by Chairman Maxellon at 10:22 p.m.
7. Public Participation - Issues of concern not on the agenda: None.
8. Correspondence: None.
9. Commissioner's Correspondence
a. Site Visit Updates: Agent Lemay reported that the stone wall at the Enfield Medical Building is going up. The project seems to be moving quickly.
Chairman Maxellon reported that he and Agent Peruta recently attended the Council of Chairs meeting. Agent Peruta gave a report on electronic packets. He will be meeting with the IT director regarding this.
Ms. Bednaz will continue to put as much of the information needed by the Agency members on the computer as possible.
The Plan of Conservation and Development update is on the Town’s website.
Ms. Bednaz explained that the PZC procedure committee is working on their own and will share their template with the IWWA soon.
10. Approval of Minutes -January 5, 2009: A motion was made by Agent Nelson and seconded by Agent Camidge to approve the minutes of the meeting of January 5, 2010 with the following amendment: Change heading date from January 5, 2010 to January 2, 2010. Vote was 6-0-1(Albert)
11. Wetlands Agent Report: No written report was given. Ms. Bednaz explained that the office has been shorthanded so she has been unable to get out into the field. She asked that members check their sites and let her know of any issues that need her attention.
12. Old Business: None.
13. New Business: None.
14. New Applications to be Received
a. IW - 453.05 - Town of Enfield - Requesting modification to permit IW-453.04 to install rip-rap in defined locations. Project located within channel easement between Meadowlark Road to Yale Drive. Submitted 01/11/10, received 01/19/10, PPE 02/02/10, MAD 3/25/10. Mr. Jeff Board, Town Engineer, represented the applicant.
Mr. Bord explained that the applicant is requesting a revision to permit installation of rip rap in two areas being eroded by underground water flow. The channel project is complete.
Along 61-63 Broadleaf Lane, water is bleeding through approximately 40’ on each side of the channel.
The same situation exists along 47-49 Yale Drive. The embankment is sloughing off, causing erosion.
In this area, a 30” pipe and yard drain work will be installed. Work has already begun and Mr. Bord hopes that it will be completed by the end of the week.
A stone berm is being used to hold back the disturbed areas.
Ms. Bednaz added that the reason for this modification is because of unanticipated breakout of groundwater. Rip rap is necessary to keep the soil in place.
Mr. Bord stated that the applicant will remove soil from the stream that was caused by the erosion.
Agent Albert asked if the same construction entrance would be used.
Mr. Bord stated that a new entrance will be used. The fence has been removed and a gate will be installed. This new site will be better than crossing the channel and creating more issues.
Agent Peruta asked if any erosion has been found on the inside of the channel at #49 Yale Drive.
Mr. Bord replied that no, the groundwater is coming from #47’s direction.
Agency members discussed the potential need for a public hearing.
It was the unanimous consensus of the members that this is not a significant impact and a public hearing will not be necessary.
Mr. Bord stated that he will keep the IWWA informed and provide “as builts” once the project is completed.
b. IW-535 – Town of Enfield – is requesting a permit to replace a drainage pipe within an existing drainage easement to improve the drainage configuration in the area. (Map 37, Lots 4, 5 & 17) within the regulated area. Submitted 01/13/10, received 01/19/10, PPE 02/02/10, MAD 03/25/10: Mr. Jeffrey Bord represented the applicant.
Mr. Bord explained that the applicant proposes to replace a cross culvert on Parker Street. There is a constant flood problem at house numbers 23 and 25.
The site is 700’ from Route 5. It drains south and north and enters Great Brook to the North. The area is a 16.88 acre watershed.
Currently there exist 12 and 15” pipes. The entire system is to be replaced.
To address flooding at #25, a 15” pipe will be replaced with a 24” pipe. The pipe will be pulled back 50’ from the brook and rip rap installed in the channel.
Work will take place within the upland review area at the outlet.
Mr. Bord reviewed the profile plan. The outlet will have a lower velocity than it currently does.
This is a Capital Improvements Project and does not require permits from the D.E.P. or the Army Corps of Engineers.
The applicant plans to start construction in the spring of 2010.
There will be no disturbance to the property at #23.
In response to questions by Ms. Bednaz, Mr. Bord replied that the applicant will obtain a signature from the Sweetmans and sign-offs on the easement.
Agency members discussed the potential need for a public hearing on this application. Agents Peruta and Lemay felt that a public hearing is necessary, however the remainder of the Agency members felt that a public hearing is not necessary.
This application was received by the Agency and will in the future be known as XIW-10-01.
15. Other Business
a. IWWA Fines Ordinance
b. IWWA Fee Schedule
c. IWWA Regulation Revisions: A motion was made by Agent Camidge and seconded by Agent Lemay to table discussion on agenda items 15a, b, & c to the meeting of February 2, 2010.
d. Next regular meeting is Tuesday, February 2, 2010 at 7:00PM in the Council Chambers.
16. Adjourn: A motion was made by Agent Peruta and seconded by Agent Camidge to adjourn the meeting at 10:53 p.m. Vote was 7-0-0.
Respectfully Submitted,
___________________________________
Jo-Marie Nelson, Secretary
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