THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT
BEEN FORMALLY APPROVED BY THE ENFIELD INLAND WETLANDS AND WATERCOURSE AGENCY. OFFICIAL COPIES OF MINUTES, WHEN APPROVED, CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.
Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, March16, 2010
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, March 16, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.
MEMBERS PRESENT: Douglas Maxellon, Chairman
Karen Camidge
Maryann Abar, Alternate
Joseph Albert
Robert Lemay
Jo-Marie Nelson
Brian Peruta
Robie Staples
Patrick Szczesiul, Alternate
ABSENT: Katie Bednaz, Wetlands Agent
ALSO PRESENT: Jose Giner, Town Planner
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, Lemay, Nelson, Peruta, Staples, and Szczesiul. Also present were Jose Giner, Town Planner 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.
5. Public Hearing
a. IW-534- Enfield Properties - is requesting a permit to construct two office buildings and five residential apartment buildings 153 South Road and adjacent lots (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, EMPHCD 3/16/10. Agent Staples recused himself from discussion of this application and left the room.
Dave Ziaks, P.E. and Frank Troiano represented the applicant.
Mr. Ziaks stated that he reviewed the proposed conditions of approval with the owner, who has no issue with what is proposed.
Mr. Giner reviewed the email from Mr. Cabibbo dated March 10, 2010. All issues have been addressed.
With regards to the invasive species and requirement of mowing every 2 years, Mr. Ziaks explained that he spoke with Mr. Logan regarding this and Condition #29 addressed these issues. The applicant will work with staff on the details.
Agent Nelson stated that she feels that proposed condition #24 is contradictory. It mentions both bi-weekly and weekly inspections and should be corrected to bi-weekly. She added that she will send a memo to Ms. Bednaz on this.
Agent Nelson also requested a copy of the memo referred to in condition #29 from the IWWA to PZC.
Mr. Giner stated that he would provide a copy to Agency members.
Agent Camidge noted that the permit number is incorrect in several places and need to be corrected to reflect IW #534.
Also, condition #21 may need a correction of a name. Should Ronal end in a “d”?
Agent Camidge also asked about the proposed drainage easement. Is it in favor of the town or the applicant and who is responsible for cleaning it?
Mr. Ziaks responded that the easement is for the drain that will be installed on the property next door, as previously agreed. The easement will allow the Enfield Properties owner to clean the drain. He will ask Ms. Bednaz to clarify this in the condition.
Agent Camidge asked about the snow stockpile signage change.
Mr. Ziaks explained that he spoke with Ms. Bednaz on this matter. He feels that the applicant’s plan is preferable; signs will show where the snow is to be stockpiled, instead of where it is not to be put.
With regards to a question on actual square footage of wetland disturbance, Mr. Ziaks stated that the exact number will be submitted when his report goes to the D.E.P.
With regards to rain gardens, in Ms. Bednaz’s memo dated March 11, 2010, Mr. Ziaks stated that instead of rain gardens, the applicant has chosen to use large water quality basins which will accomplish the same goal.
Also, Mr. Ziaks stated that item number 8 of the memo is addressed in proposed condition #28.
Agent Camidge thanked the applicant for speaking with the nearby property owners and addressing their concerns.
Agent Albert noted that he had not yet opened his email so he was not familiar with the draft conditions of approval and therefore could not comment on them.
Agent Peruta requested that the open issues of Ms. Bednaz’s memo be addressed with a new memo issued for the file.
He also noted that he, too, has not seen the proposed conditions of approval yet, but added that he loves the mitigation plans.
Agent Peruta asked for an explanation of the note on LS-1 that states that a fence “may” be installed.
Mr. Ziaks explained that the applicant has added additional buffer plantings to the plans. Until the plants are installed, however, the neighbors are unsure if they want a fence. The area is within the upland review area so the fence was put in the plans just in case it is used. It is addressed in proposed condition #22.
Agent Peruta asked about the note on LS-4 regarding the mitigation plan coming back to the Town for approval. He asked if this should not come back to the IWWA instead.
Mr. Ziaks stated that this is addressed in proposed condition #24.
Agent Peruta asked, also regarding LS-4, about the potential for reduction of mitigation area, but no more than 10%.
Mr. Ziaks explained that there may be something out in the field that would be of more value to keep and work around, such as a tree. The mitigation area could be reshaped to have a better fitting contour. The decision will be made by the applicant’s wetland expert and Town staff.
Agent Peruta asked for additional protection, perhaps hay bales, on GR-1. The proximity of the building to the wetlands is very close, only 25 to 30’ distance between them.
Mr. Ziaks stated that he will double up on the protection by silt fence with hay bales and this can be worked out between the applicant and staff.
Agent Peruta requested that this be done anywhere where it’s close.
Agent Camidge noted that this is addressed in proposed condition #13; would Agent Peruta still want extra protection.
Agent Peruta replied that he would like extra protection anywhere that the buildings or disturbance is close to the wetlands.
Agent Peruta pointed out that the plans showing the wetlands with arrows are in error.
Mr. Ziaks stated that this has already been taken care of.
Agent Peruta stated that with regard to having the applicant’s expert being the one doing inspections, he feels it is a conflict of interest and would like a more fool-proof way for inspections to be done. It had been noted in the minutes of the last meeting that it had been recommended that Ms. Bednaz get out more to make inspections, however, the Town may not have a wetlands agent in the future.
Agent Peruta read proposed condition #25, provided by Agent Camidge. He was in agreement with the proposed condition.
Chairman Maxellon asked if the discrepancy noted in the memo of 3/11/10, item #7, has been addressed.
Mr. Ziaks responded that it has.
Chairman Maxellon asked if item #13 of the same memo is addressed as proposed condition #21.
Mr. Ziaks responded that it is and the applicant will work together with staff to make sure that it comes out the right way.
Mr. Giner noted that the items in Ms. Bednaz’s memo of 3/11/10 were all of her concerns.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against this application.
A motion was made at 7:28 p.m. by Agent Camidge to close the public hearing on IW 534 Seconded by Agent Nelson. Vote was 5-0-1(Albert).
b. 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, MPHCD 4/6/2010. The applicant was represented by Edward Lally and Thomas Pietras, soil scientist.
The site is located on the south side of Hazard Avenue, between #150 and #170. It is open land, almost all within the upland review area.
Agent Staples returned to the meeting at this time.
The wetlands include an excavated ditch with wetland soils and an intermittent stream and another wetland area.
Ms. Bednaz had stated to the applicant that she was in agreement with the soil scientist’s wetland boundaries.
The boundary survey has been done and the wetlands have been flagged.
Mr. Pietras stated that he delineated the wetlands on 12/31/08. It is a fairly level site, an old agricultural field. It includes red cedar, autumn olive and scrub brush.
The ditch used for farming drains to Hazard Avenue.
Mr. Giner noted that the applicant submitted the receipts of certified mail notifications to abutters.
He added that Ms. Bednaz indicated to him that she had no issues on this application and if the Agency members agree, the hearing can be closed and voted on.
Agent Camidge asked if there is an existing map showing the previous delineation.
Mr. Lally stated that the only mapping available was a town wide project done many years ago and was not site specific.
Mr. Pietras added that it was the Hartford County Soil Survey map from the 1950’s. It was a low intensity delineation.
Agent Peruta asked if this was an agricultural area before.
Mr. Pietras replied that the wetlands are more or less ditches that were cut in. The agricultural use was abandoned approximately 30 or more years ago.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against the application.
A motion was made by Agent Nelson at 7:37 p.m. to close the public hearing on IW 535. Seconded by Agent Lemay. Vote was 7-0-0.
6. Call to Order of Regular Meeting: The regular meeting was called to order by Chairman Maxellon at 7:38 p.m.
Present were: Chairman Maxellon and Agents Abar, Albert, Camidge, Lemay, Nelson, Peruta, Staples, and Szczesiul. Also present were Jose Giner, Town Planner and Susan Berube, Recording Secretary.
7. Public Participation - Issues of concern not on the agenda: None.
8. Correspondence
a. Flame-Weeding for Invasive Shrub Control Workshop
b. CAWS Vernal Pool Monitoring Program Handouts
c. ACOE Section 404(f) Farming Exemption Criteria Clarification Handout
d. US Army Corps of Engineers - Presentation to Municipal Inland Wetland Staff Members, February 26, 2010
e. ACOE Category I Eligibility Determination Form
f. Date change of Public Information Meeting for POCD to March 30, 2010. Mr. Giner provided Agency members with copies of the summary of POCD. He noted that the entire plan is over 300 pages. The first 58 pages are the “meat” of the plan. Agency members, as well as the public can make comments and ask questions at the meeting. The Plan is valid for 10 years, although it can be updated as needed throughout the 10 year period.
9. Commissioner's Correspondence
a. Site Visit Updates: Agent Lemay reported that the Enfield Medical Partners building project is still moving along. Ms. Bednaz visited the site a few weeks ago and found only minor issues.
Agent Camidge noted that the silt fence is still down at Petsmart. The hay bales are o.k. but the gaps in the fencing have not been fixed as promised.
She also reported that the proposed logo for the shirts for Agency members have been emailed to all members. The logo was approved by general consensus of the members. Shirts can be ordered by members.
Agent Albert reported that he recently visited the Butler property. The hay bales are still in place. He noted, however, that the cul de sac at the end of Sharp Street is eroding. People are still riding dirt bikes in the area, causing escarpment soils to erode. A guard rail or fence similar to that found on Town Farm Road needs to be installed.
Mr. Giner took note of this and will have Ms. Bednaz provide an update on this at the Agency’s next meeting. Mr. Hawkes, present in the audience, also took note.
Chairman Maxellon stated that the appointments for badge photos are to be scheduled through Ms. Bednaz.
Mr. Giner added that a few new members of the PZC also need badges. He is of the belief that the equipment used for the badges is not owned by the Town and needs to be borrowed.
After brief discussion of who actually owns the equipment and the length of time this process is taking, Mr. Giner stated that he would ask Ms. Bednaz to provide an update to the Agency at their next meeting. Agent Albert requested that the appointments be made at night or on a Saturday.
Agent Peruta reported that the Simon Road project will not be starting any time soon, if at all.
He also asked about a list that had previously been provided to the Agency members. The list consisted of erosion problem spots in town.
He asked if the list is progressing at all and where on the list is the area between Shannon and Kelly Streets, which is eroding to the Scantic River. He requested an update on this and the list as a whole.
Agent Staples asked for an update on the Nitch property.
Chairman Maxellon stated that Ms. Bednaz visited the site recently. She also will be following up on the courthouse property by notifying the D.E.P.
10. Approval of Minutes -January 19, 2010, February 2, 2010 & March 2, 2010: A motion was made by Agent Peruta and seconded by Agent Camidge to approve the minutes of the meeting of 01/19/10 as amended. Vote was 6-0-1(Staples).
A motion was made by Agent Nelson and seconded by Agent Albert to table the vote on the minutes of the meeting of 02/02/10. Vote was 7-0-0.
A motion was made by Agent Camidge and seconded by Agent Nelson to approve the minutes of the meeting of 03/02/10 with the following amendment: page 3, 6th paragraph, 2nd sentence, before “It”, add: “At Chairman Maxellon’s direction,”. Vote was 5-0-2(Camidge, Peruta).
11. Wetlands Agent Report: None.
12. Old Business
a. IW-534- Enfield Properties - is requesting a permit to construct two office buildings and five residential apartment buildings 153 South Road and adjacent lots (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, EMPHCD 3/16/10. Chairman Maxellon expressed his concern of approving this application without cleaning up “loose ends”.
Agents Albert and Peruta have not had the opportunity to read the proposed conditions of approval yet. He would prefer to wait until the Agency’s next meeting to vote on this application.
Mr. Ziaks and Mr. Troiano stated that they understand and will apply to the PZC to begin that approval process in the meantime.
b. 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, MPHCD 4/6/2010. A motion was made by Agent Camidge and seconded by Agent Nelson to approve IW 535 with the conditions numbered 1 through 16 as noted in Ms. Bednaz’s draft memo dated 03/17/10. Vote was 7-0-0.
13. New Business
a. IW-536 - Richard Lanagan - is requesting a permit to clear trees and install a shed on 201 State Street (Map 35, Lot 248) within the regulated area. Clearing activities have already been conducted. Submitted 2/22/10, received 3/02/10, PPE 3/16/10, MAD 4/6/10. The applicant was not present.
Mr. Giner distributed the proposed plant list provided by the homeowner.
Signage has been erected along the conservation easement line.
Agent Nelson expressed her confusion of the two proposed special conditions of approval.
Mr. Giner noted that condition #15 references the plant list and he feels that number 16 is unnecessary because the original permit is now amended by IW 536.
A motion was made by Agent Nelson and seconded by Agent Staples to approve IW 536 with the standard 14 conditions and #15 the conservation easement shall be re-planted with the plants on the plant list by Debbie Lanagan dated 03/10/10. Vote was 5-0-2(Camidge and Peruta).
14. New Applications to be Received
a. XIW-01-02 - Town of Enfield Public Works - is requesting a permit to reconstruct and enlarge the South Maple Street Bridge over the Scantic River (Map 84, Lots 6, 7, 12, 14 and 21). Submitted March 3, 2010, received 3/16/10, PPE 3/30/10, MAD 5/20/10. Mr. Piya Hawkes, Enfield Public Works Director and Jeff Scala briefly explained the proposed project.
Mr. Hawkes stated that the applicant is proposing to replace the South Maple Street bridge that was built in 1925 and has alternating 1-way traffic. Last year the D.O.T. reduced the load rating from 10 to 8 tons.
Federal Funds have been earmarked for this project.
Wetlands have been delineated by a certified soil scientist.
The old bridge has a 62’ span; the new one will be 84’ and will meet the Army Corps of Engineers’ requirements as well as D.O.T. and flood management requirements.
Wetland impacts will be temporary, taking place during the construction of the project.
Temporary coffer dams will be built to construct the new bridge footings.
De-watering will be done.
Standard Best Management Practices will be used.
Silt fence will be utilized and grassed slopes will be installed.
Some drainage structures on South Maple Street will be replaced; all will have deep sumps.
Outlets located at the wetlands will have pre-shaped scour holes.
Nine trees will be replaced.
There will be some road widening and sidewalks installed.
The project will be of very short duration and as much as possible will be pre-formed, to speed installation and lessen impact.
There will be a temporary impact to 533 square feet of wetlands and 28,954 square feet impact in the upland review area, including the road and bridge. Total disturbance, including the bridge and road is approximately ¾ acre.
The applicant also proposes to build a new paved parking are for the D.E.P. at Powder Hollow Park.
Sand bag type dykes are expected to be used to hold back the river but the contractor has the option to use other methods.
Mr. Giner noted that the Agency will need to determine whether or not a public hearing should be held on this application.
Chairman Maxellon noted that the construction staging and concrete washout areas need to be shown on the plans.
Mr. Scala stated that there usually isn’t a washout area allowed on D.O.T. jobs. The staging area will be the paved parking lot.
Chairman Maxellon asked the size of the intermediary rip rap.
Mr. Scala stated that it is 18”. The applicant plans to cover the rip rap with natural bed material.
The project is slated to start in early July, 2010. This will allow time to isolate the work zone from the river and be out of the water by the end of September, 2010 and have the job completed before the new year.
Chairman Maxellon asked if the erosion taking place on the south side will be addressed in the plans.
Mr. Scala stated that the area is located outside the charge of the project and is on private property.
He added that new catch basins will help in catching the sediment caused by the erosion.
Agent Peruta asked when final approval is required.
Mr. Scala stated that approval needs to be obtained from the IWWA, Army Corps of Engineers and all others by June at the latest. To have IWWA approval by the second meeting in May would be very helpful.
Chairman Maxellon asked Mr. Giner to make sure that the full set of plans for this project are put on the FTP site.
A motion was made by Agent Camidge and seconded by Agent Nelson to hold a public hearing on this application due to potential for significant public interest. Vote was 7-0-0.
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: It was the consensus of the Agency members to tentatively schedule a special meeting to continue the review of the IWWA regulations on Wednesday, March 24, 2010 at 7:00 p.m.
A motion was made by Agent Nelson and seconded by Agent Camidge to table discussion on Agenda item 15a, b, & C. Vote was 7-0-0.
d. Next regular meeting is Tuesday, April 6, 2010 at 7:00PM in the Council Chambers.
16. Adjourn: A motion was made by Agent Camidge and seconded by Agent Lemay to adjourn the meeting at 8:36 p.m. Vote was 7-0-0.
Respectfully Submitted,
_________________________________
Jo-Marie Nelson, Secretary
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