Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, February 2, 2010
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, February 2, 2010 in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.
MEMBERS PRESENT: Douglas Maxellon, Chairman
Maryann Abar, Alternate (seated)
Joseph Albert
Karen Camidge
Brian Peruta
Robie Staples
Patrick Szczesiul, Alternate (seated)
MEMBERS ABSENT: Robert Lemay
Jo-Marie Nelson
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 7:00 p.m.
2. Roll Call: Present were: Chairman Maxellon and Agents Abar, Albert, Camidge, Peruta, Staples and Szczesiul. Also present were: Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.
Agent Abar was formally welcomed to the IWWA by Chairman Maxellon.
Agents Abar and Szczesiul were seated by Chairman Maxellon as full voting members for this meeting.
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.
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, EMPHCD 2/2/10: Mr. Piya Hawkes, Director of Public Works and Mr. Jeff Lemay, consultant for the Town, represented the applicant.
Mr. Lemay provided additional information regarding the Agency’s concerns over the proposed concrete washout. He stated that the applicant worked with Ms. Bednaz to come up with an acceptable method to deal with it. This has been added to the plans and will require that the contractor build the unit in the staging area.
The guide rail placement has been modified to deal with the cleanout access at the bridge. The plans have been changed accordingly and meet D.O.T. requirements.
Mr. Lemay stated that a new, full set of updated plans are now on file.
Ms. Bednaz noted that proposed condition #4 has been clarified and all plan dates were added to the revised proposed conditions of approval.
Agent Albert requested an email regarding the concrete washout update. Ms. Bednaz provided the page of the plans showing the detail on the concrete washout area.
Agent Staples stated that he walked the roadway and noted that currently the area does not have curbing. He asked if curbing will be installed as part of the project.
Mr. Lemay stated that curbing will be added in numerous areas to correct existing erosion problems. Some restrictions on curbing are based on D.E.P. comments, mostly on flat areas of the road.
Chairman Maxellon had asked about maintenance plans for the catch basins at a previous meeting.
Ms. Bednaz replied that the maintenance plan was included in a previous meeting packet.
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 stated that the plans are very large. She gave Agency members a choice of receiving a full set at this time or after approval by PZC.
It was the consensus of the Agency members to wait for a set of plans that have been approved by the PZC.
Ms. Bednaz added that the most recently updated plans will be available on the FTP website.
A motion was made by Agent Staples and seconded by Agent Albert at 7:15 p.m. to close the public hearing on IW 533. Vote was 6-0-1(Abar). 19. A motion was made by Agent Camidge and seconded by Agent Staples to approve the application for IW 533 with the 18 standard conditions, in addition to those numbered 19 through 21:
19. The project shall be assigned a qualified erosion control monitor to conduct inspections of erosion control items for the duration of active construction. Said inspector shall be a Certified Professional in Erosion and Sediment Control (CPESC) or demonstrate equivalent experience. Inspections shall be conducted weekly during active construction and every three weeks when construction is inactive and soil remain exposed. Inspections shall be completed after each rain event of greater than 0.5” as determined by NOAA nearest rainfall gauge or every week, which ever comes first. The reports shall be submitted before the close of the workday each Monday, unless there is a holiday, when reports would be submitted the following workday. The content and presentation of the weekly reports shall be reviewed and approved by the IWWA Agent prior to the start of any construction activities.
20. No vehicles or fluid filled materials (including sani-cans, hydraulic equipment, etc.) shall be stored within 50 feet of wetlands or watercourses.
21. Concrete washout (including washing off chutes) shall be conducted within the contractor’s staging area using the detail “Concrete Washout Basin” shown on drawing No. MDS-2, and any additional methods or devices which will ensure that the material is properly contained and that it is not allowed to seep into the soil. This material shall be properly disposed of off site.
Reason for approval was that the project will not have an adverse impact on inland wetlands and watercourses. Vote was 6-0-1 (Abar).
b. (Cont. to 2/16/10) 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 2/23/10. This application was continued to the meeting of 02/16/10.
6. Call to Order of Regular Meeting: The regular meeting was called to order by Chairman Maxellon at 7:16 p.m.
7. Public Participation - Issues of concern not on the agenda: None.
8. Correspondence
a. CAWS - Annual Meeting Invitation - "Wetlands: Impaired to Pristine" Ms. Bednaz reminded Agency members to inform her as soon as possible if anyone wishes to attend the annual meeting so that a reservation can be made.
Ms. Bednaz also noted receipt of the Fall, 2009 issue of “The Habitat” and recommended that members the article on page 1 “Mapping Groundwater Recharge for Land Use Planning and Storm Water Management”. She feels it would be useful to include this type of information in the Town’s POCD (Plan of Conservation and Development) to help determine where and where not to concentrate on development in town.
9. Commissioner's Correspondence:
a. Site Visit Updates: Agent Camidge reported that she visited Petsmart and 5 Guys Restaurant recently and found minor issues at both places.
Behind the Petsmart building on Hazard Avenue, silt fence and hay bales were still in place but part of the fence, approximately 5’ in length, had been knocked down. Also, some plastic sheeting was observed to be lying in the area of the wetlands.
At the 5 Guys site on Elm Street, 2 sections of silt fence located along the Asnuntuck College side have collapsed.
Ms. Bednaz took note of these and stated that she will contact the representatives of these properties.
Agent Albert stated that he would like to be kept informed via “cc” on any emails sent to Ms. Bednaz from Agency members.
Ms. Bednaz reminded members that this is acceptable as long as the email is in regards to an approved application. Members should not email each other regarding active applications.
Agent Staples asked if the Nitch property project is now complete.
Ms. Bednaz explained that the erosion and sediment controls are still in place. More grass needs to grow and become established. Once that is accomplished, the controls can be removed. The construction portion is complete; the site will need to be checked again in the spring.
Agents Peruta and Szczesiul volunteered to check on the Post Office Road project as it progresses.
Chairman Maxellon stated that the issue of Agency member identification cards is now in the hands of the Police Chief. Members still needing cards should hear from the police department soon.
Agent Camidge stated that she left a message for the shirt company but has not heard anything to date.
10. Approval of Minutes -January 14, 2010 & January 19, 2010: A motion was made by Agent Camidge and seconded by Agent Szczesiul to approve the minutes of the special meeting of January 14, 2010 as presented. Vote was 4-0-3(Peruta, Abar and Albert).
Agent Peruta asked for verification that he had requested information on mitigation for the Post Office Road project and also that Mr. Hawkes had indeed stated that permits did not need to be in place by March 2, 2010.
A motion was made by Agent Peruta and seconded by Agent Abar to table the vote on the minutes of the meeting of January 19, 2010 to the Agency’s next meeting on February 16, 2010. Vote was 6-0-1(Staples).
11. Wetlands Agent Report: A brief verbal report was provided by Ms. Bednaz. She stated that the Planning Office now has an additional staff member, hopefully allowing Ms. Bednaz more time to take care of IWWA issues and field work.
Ms. Bednaz also stated that she visited the Meadowlark site and noted that there is a lot of water leaking out of the slope. A full-size drainage structure is being utilized to catch the water.
Ms. Bednaz also noted that Agent Lemay sent an email stating that the Enfield Medical Center site still looks good, as of the time of his recent visit.
Ms. Bednaz announced that a Farming and Wetlands Forum will be held on March 4, 2010 in South Windsor. Further information on this will be included in the Agency members’ next meeting packets.
Regarding meeting packets, Ms. Bednaz asked if the paper divider sheets in the packets are necessary. While Chairman Maxellon and Agent Staples prefer that they remain in the packets, the rest of the members did not feel that the dividers are necessary; for now, they will be removed.
Chairman Maxellon asked when the IWWA will have the opportunity to review the Plan of Conservation and Development, before the public hearing.
Agent Peruta stated that he did not believe that the IWWA will have an opportunity to review the document.
Ms. Bednaz stated that she will try to get further information on this.
12. Old Business: None.
13. New Business
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. Ms. Bednaz explained that Mr. Bord would not be present at this evening’s meeting. The Agency did not seem to have any questions at the last meeting.
In response to a question by Ms. Bednaz, Chairman Maxellon stated that he did not fell it necessary to amend the proposed standard conditions of approval regarding the removal of materials.
A motion was made by Agent Peruta and seconded by Agent Abar to approve IW 453.05 with the standard 17 conditions in addition to the following, numbered 18-27:
18. Permanent seeding of disturbed areas shall be achieved using a #2 seed mix on the channel banks and a #1 seed mix on disturbed lawn areas, as referenced in the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control. Erosion control hay blankets shall be installed over all disturbed areas where six mix #2 is specified. Blankets shall be placed starting downstream and working up so the blankets overlap faces downstream. Blankets shall be secured using appropriate methods;
19. Channel width is to be revised to 15 feet vs.20 feet. Additional rip rap is to be installed on the northern side of the channel at the bend near #63 Yale Drive to provide additional bank stabilization;
20. Limits of the 100 year floodplain shall be shown on plans along with appropriate construction sequencing notes;
21. Reference to and use of fertilizers is to be eliminated from the plans;
22. The Town shall notify all abutting property owners of the 10 foot riparian management area (or other acceptable management practice) that is to be left to grow in its natural state and mowed once yearly to aid in buffering this watercourse from abutting residential impacts to the watercourse. The purpose and goal of this area is to provide an additional level of protection to the watercourse and abutting residential properties from subsequent erosion and sedimentation that may occur from time to time when this watercourse periodically floods. Educational materials will be provided to residents as part of this notification as well;
23. All required easements shall be in place prior to commencement of construction activity. If modifications in or within 100 feet of wetlands and watercourses are required as a result of easement negotiations or construction laydown areas, the applicant will need to come back to the Agency for a permit modification;
24. In-stream construction activities shall take place only during low flow conditions (June 1 through September 30) to minimize excessive erosion and sedimentation as a result of excessive runoff and heavily saturated soils;
25. Fences removed during this or previous work to be replaced or re-installed so that they serve their purpose.
26. Trees that are not going to be removed, and are near the area of work that may be damaged by the heavy equipment, shall be armored as recommended in the 2002 CT Guidelines for Soil Erosion Control and Sediment Control (5.1.11).
27. To apply to the area between Broadleaf Lane and Meadowlark Drive to allow work to continue beyond the specified stop date of September 30 (for the Broadleaf to Yale section) and only in low flow periods. Work in this area will cease and the area stabilized prior to a significant rain event. The remainder of the work area will be completed only during times specified in the original conditions of approval.
Reason for approval was that the project will not have an adverse impact on inland wetlands and watercourses. Vote was 6-0-1(Abar).
b. XIW-10-01- Town of Enfield - is requesting a permit to replace a drainage pipe within an existing drainage easement to improve the drainage configuration on a portion of Parker Street (Map 37, Lots 4, 5 & 17) within the regulated area. Submitted 01/13/10, received 01/19/10, PPE 02/02/10, MAD 3/25/10. Chairman Maxellon read into the record a letter from the applicant withdrawing the application due to a modified design allowing all work to be done outside of the regulated area.
Ms. Bednaz briefly explained that a lot of the erosion both up and down the stream is located on private property. The decision was made to put this on the list of private property issues to possibly be taken care of at a later date, after projects on town owned property are taken care of.
A motion was made by Agent Camidge and seconded by Agent Szczesiul to accept the applicant’s request to withdraw this application. Vote was 7-0-0.
14. New Applications to be Received
a. IW-535 - T.P. Rentals, LLC - is requesting an amendment to the Town of Enfield Inland Wetlands and Watercourses Map for the property located on the south side of Hazard Avenue, immediately east of 150 Hazard Avenue (Map 74, Lot 118). Submitted 1/19/10, received 02/02/10, PPE 02/16/10, MAD 4/8/10. Ms. Bednaz stated that the applicant is not present this evening. She explained that map change requests, like regulation changes, require a public hearing. The applicant wants to make sure that the wetland line is correct and approved prior to any plans being made for development of the site.
She went on to state that this will be a significant change to the current map delineation.
The applicant has requested a public hearing for the meeting of February 16, 2010. Ms. Bednaz suggested that the regulations should sate that no map change public hearings should be held in winter since changes should not be made in the winter, due to the inability to properly determine wetland boundaries.
She stated that she will visit the site this week to try to determine if she can get enough information from a site walk to see if she agrees with the applicant’s soil scientist’s delineations. She suggested that the public hearing be held at the Agency’s March 16, 2010 meeting.
A motion was made by Agent Camidge and seconded by Agent Peruta to accept application IW 535 and, as required by IWWA regulations, schedule a public hearing for the meeting of March 16, 2010.
Ms. Bednaz explained that the soils determine wetland boundaries but that is difficult to determine when the ground is frozen.
The IWWA regulations allow waiting until March to schedule the public hearing.
After discussion, Agent Camidge rescinded her motion and Agent Peruta rescinded his second to the motion. The application was received. A public hearing will be scheduled at a later date.
b. Applications to be received after Town deadline for Agenda: None.
15. Other Business
a. IWWA Fines Ordinance
b. IWWA Fee Schedule
c. IWWA Regulation Revisions: Members tentatively scheduled a special meeting for February 25, 2010 at 7:00 p.m. to discuss items 15a through c.
Agent Albert stated that he would like to see item “b – IWWA Fee Schedule” removed from the agenda. He feels that fees should not be increased at this time.
Agent Camidge stated that she feels that the item should still be discussed. Taxpayers should not have to bear the burden of the cost of applications. Agent Szczesiul agreed, as did Agent Peruta.
A motion was made by Agent Albert and seconded by Agent Staples to remove agenda item 15b “IWWA Fee Schedule” from the agenda. Vote was 2(Albert, Staples)-5-0. Motion failed.
Ms. Bednaz noted that the fee schedule is embedded in the regulations. This item could be removed from the agenda but could still be discussed as part of the regulation revisions.
Chairman Maxellon stated that the item should be left on the agenda until it is discussed by the Agency.
A motion was made by Agent Camidge and seconded by Agent Peruta to table agenda items 15a, b, & c to the meeting of February 16, 2010. Vote was 6-1(Albert)-0.
d. Next regular meeting is Tuesday, February 16, 2010 at 7:30PM in the Enfield Room.
16. Adjourn: A motion was made by Agent Szczesiul and seconded by Agent Camidge to adjourn the meeting at 8:15 p.m. Vote was 7-0-0.
Respectfully Submitted,
_____________________________
Jo-Marie Nelson, Secretary
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