Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
AMENDED MINUTES OF A REGULAR MEETING
TUESDAY, March 2, 2010
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, March, 2, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.
MEMBERS PRESENT: Douglas Maxellon, Chairman
Maryann Abar, Alternate (seated)
Joseph Albert
Robert Lemay
Jo-Marie Nelson
Robie Staples
Patrick Szczesiul, Alternate (seated)
MEMBERS ABSENT: Karen Camidge
Brian Peruta
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, Lemay, Nelson, Staples, and Szczesiul. Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.
Agents Abar and Szczesiul were seated as full voting members for this meeting by Chairman Maxellon.
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 2/2/10. Agent Staples recused himself from discussion of this application and left the meeting room.
Frank Troiano and Dave Ziaks, P.E. represented the applicant.
Mr. Ziaks noted that the applicant had thoroughly reviewed the plans with the Agency members at the meeting of 02/16/10 and answered members’ and staff’s questions at that point. There were no members of the public present at that meeting.
The Town’s engineering department has had additional comments since that meeting and these comments have been addressed.
Mr. Ziaks noted that he received a memo dated today from Mr. Cabibbo, the Town’s engineer, and those issues have or will also be addressed. He stated that Mr. Cabibbo’s concerns over lighting will be addressed with the PZC.
Ms. Bednaz’s memo of 02/24/10 had 19 comments and Mr. Ziaks believes that these have also been addressed. He proceeded to give Ms. Bednaz the written narrative on feasible and prudent alternatives, which she stated would be distributed to members in their next meeting packet.
Mr. Ziaks went on to say that the applicant doesn’t have any real issues with any of the comments and proposed conditions of approval. His only concern was that of #9b which requires an independent inspector for erosion control.
Mr. Ziaks explained that the PZC will require a condition of approval for that same task, including all improvements.
He stated that he usually does the inspections for Mr. Troiano’s projects; this IWWA requirement seems redundant and an extra expense for the applicant.
The project does not include any steep slopes, deep cuts or large fills.
He feels that the PZC required inspections will be more than appropriate to cover the erosion control inspections.
He went on to state that there will only be minor adjustments that need to be made to the plans, based on Ms. Bednaz’s comments.
Two complete sets of plans have been submitted. Changes can be incorporated and new sets submitted or the plans of 02/10/10 can be used with the adjustments and conditions of approval added.
Ms. Bednaz read Mr. Cabibbo’s memo of 03/02/10 into the record.
Ms. Bednaz referred to her Agent Review memo dated 02/24/10, item 13, stating that she is unsure where it is located. She wants to be sure it is not draining the wetland and feels that it is important to se it in the field.
She also noted that the phasing plan has been submitted and will be included in the members’ next packet.
She added that the public hearing can be closed this evening or the Agency can request an extension from the applicant.
She also added that Agent Peruta had emailed her, requesting additional conditions of approval, such as specifying the work being done for the neighbor.
Ms. Bednaz asked that the access to the mitigation areas by the stream and depression area be spelled out.
She also noted that rotational mowing is part of the mitigation. It will need to be done beyond the 5 year permit period. How will this condition be maintained? It could be made part of the site plan approval. Collaboration will need to take place with PZC on this, perhaps as a written recommendation to the PZC from the IWWA.
Agent Abar asked when outlying mitigation would be done, since the project is planned to be completed in phases.
Mr. Ziaks stated that it would be done after phase 1 and should be shown on the phasing map.
Agent Albert expressed his concern that the memo from Ms. Bednaz was sent to the applicant and was not copied to Agency members. Also, her most recent comments on the plans this evening will require an extension of the public hearing.
Chairman Maxellon explained that the memo was sent to the applicant and to Agency members but the “cc” was not written on the memo. It has been the Agencies Chairman’s regular practice to hold all new materials received after the packets are mailed, until the next packet is mailed.
Ms. Bednaz added that all materials were not received at the time of the initial application; the applicant had requested that her review be held until all materials were received. That is why the review is being done so late in the process. Her memo is just to make sure that all details are ironed out.
Agent Albert stated that he does not feel it fair to the IWWA or the applicant to have to keep the public hearing open because of new, last minute comments. He also asked if the erosion and sediment control inspection condition has been used in the past.
Ms. Bednaz replied that it was a condition of approval for the Simon Road “Villages” project.
Agent Albert requested that any information possible on applications be emailed to members.
Chairman Maxellon noted that if the material is part of a public hearing, it cannot be emailed to members.
Ms. Bednaz noted that she could email members individually, but not as a group.
Chairman Maxellon noted the difficult of reviewing material at the same meeting at which it was received, while trying to give the applicant full attention.
Agent Albert asked if Ms. Bednaz does soil tests.
Ms. Bednaz replied that she did conduct some soil tests on this site and visits projects while they are ongoing, but not as often as she’d like, which is why members have been assigned projects to visit.
Agent Albert suggested that because of the size of the proposed project, Ms. Bednaz may need to visit the site more often.
Agent Nelson asked if new plans would be distributed with the changes to each member or if only one final set of plans would be provided for the file.
Ms. Bednaz replied that it is up to Agency members. Agent Albert had requested, at the last meeting, that he get everything, including all changes.
Agent Nelson stated that she felt that as long as all conditions are on the final set, only that one set would be necessary.
Chairman Maxellon added that any member who would like a set could have one.
Agent Nelson wondered if proposed condition 9b is applicable.
Ms. Bednaz explained that the potential for massive runoff is unlikely but this is a very large development that goes right up to the wetland. In the right conditions, a breach of erosion and sediment controls could make a huge problem.
Ms. Bednaz went on to say that she would like to visit all active sites at least once per week. Last season, she could only get to sites about once every other week. There are many interruptions and a great deal of paperwork in the office, making it difficult for her to get out into the field.
Agent Nelson stated that she felt that if Ms. Bednaz and Mr. Ziaks are inspecting regularly, and the assigned Agency member or members are also visiting the site, this should be enough.
Chairman Maxellon noted that he had been absent at the Agency’s last meeting and asked if Mr. Coppler’s memo had been introduced.
Ms. Bednaz stated that it was not read into the record but was mentioned and is in the permanent file.
Chairman Maxellon stated that his understanding is that the abandonment of the road is approved, per Mr. Coppler. If the Town Council decides against this, the applicant would need to return to the IWWA for a revision of plans.
He asked if the fire department’s concerns have been addressed.
Mr. Ziaks stated that an additional access has satisfied the fire department’s concerns. A question in Mr. Cabibbo’s earlier memo regarding the entrance has also been clarified.
With regards to the erosion and sediment controls inspection, Chairman Maxellon suggested that the condition be incorporated with PZC conditions, but he does not feel that a separate inspector for IWWA is necessary.
Mr. Ziaks stated that the applicant agree with the timing and process for the inspections and a design professional will be performing the inspections, which is required by the State as well.
Mr. Ziaks also stated that if the IWWA does not wish to vote on the application this evening, the applicant will grant an extension to keep the public hearing open to the Agency’s next meeting to finalize all plans and conditions. He will provide a letter to this effect to staff tomorrow.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak.
Ms. Bednaz noted that she received communication from the Town’s attorney regarding whether an easement or restriction for passive recreation is created. Parking would need to be available if it is advertised as a recreational area.
Also, the IWWA cannot have a say over whether or not outsiders can use the area.
Agency members briefly reviewed the proposed condition currently numbered 9b. It was the general consensus to remove from the first sentence “at reasonable cost” and “by the town and paid for by the applicant ” and insert “by the applicant”. The sixth and seventh sentences shall be removed completely.
Agent Nelson asked about condition 9c.
Ms. Bednaz explained the importance of seeing conditions on site during the process to get proper elevations and hydrology for the success of plantings.
Mr. Ziaks stated that this does not create a difficulty. It is standard protocol.
In response to Ms. Bednaz’s question, Agents Lemay, Albert and Chairman Maxellon requested revised plans. Chairman Maxellon also requested that Agents Peruta and Camidge receive copies of the revised plans as well.
Mr. Ziaks stated that he will also provide a cd so that the plans can be downloaded onto the FTP website.
Ms. Bednaz also requested that the cd include a review of protocol of mitigation.
A motion was made at 7:46 p.m. to extend the public hearing on IW 534 to the meeting of March 6, 2010 at 7:00 p.m. in the Council Chambers. Vote was 6—0. The applicant verbally granted an extension of the public hearing; this will be submitted in writing to Staff.
Agent Staples returned to the meeting at this time.
b. (TO COMMENCE 3/16/10) 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. This public hearing will commence on 03/16/10 at 7:00 p.m. in the Council Chambers.
6. Call to Order of Regular Meeting: The regular meeting was called to order at 7:48 p.m.
Roll Call: Present were: Chairman Maxellon and Agents Abar, Albert, Lemay, Nelson, Staples, and Szczesiul. Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.
Agents Abar and Szczesiul were again seated as full voting members by Chairman Maxellon.
7. Public Participation - Issues of concern not on the agenda: None.
A motion was made by Agent Nelson and seconded by Agent Lemay to amend the order of the agenda and move item 13A to just prior to item 8. Vote was 7-0-0. It was noted later in the meeting that item 13a should have been on the agenda as item 14 “New Items to be Received”.
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 03/02/10, PPE 3/16/10, MAD 4/6/10. Mr. Richard Lanagan represented the applicant.
Ms. Bednaz explained that she visited the site and noted clearing taking place into the conservation easement area. She is working with the applicant regarding the easement line location. The proposed shed will be in the upland review area, just outside of the conservation easement.
Agency members reviewed photos provided by Mrs. Lanagan.
Five or six trees, vines and undergrowth were removed. The area is similar to what is on other, undeveloped lots on the same street.
Ms. Bednaz noted that it would be easier if the conservation easement line was straight but it would require an adjustment to the deed.
Mr. Lanagan reported that the easement stakes lines were installed by the developer today.
Ms. Bednaz noted that as part of the conditions of approval, debris located down over the hill was to be removed. This will be difficult because the items are large.
Mrs. Lanagan stated that the applicant plans to restore the cleared area with native trees and shrubs.
Mr. Lanagan added that now that the easement line is staked, the restriction line is acceptable and he will go back and fill in with shrubs and trees. He was unaware that a permit was necessary.
Ms. Bednaz also noted that there was a washout area. The applicant is willing to pull back materials to the original grade. There is also a sinkhole. The applicant has installed hay bales and he will remove any sediment that is 2” or more deep.
A small mini-excavator will be used to scrape the sediment that leaked and to remove debris. This will be done after the area is stabilized, likely in August.
Ms. Bednaz stated that the applicant may work with the developer to get the remaining debris out.
Agent Nelson noted her appreciation of the applicant working with the IWWA.
Ms. Bednaz noted that the plans were submitted and recorded but no paper copy was given to PZC or IWWA. She also noted that the proposed tree line on the “as built” is slightly off from the field.
Agent Szczesiul asked if the plantings will stop the erosion and is the shed all set to be approved.
Ms. Bednaz replied that the erosion will stop with the plantings and the hay bales will be kept at the bottom until the area is stabilized.
The shed would have been an authorized agent approval if the clearing had not taken place.
Chairman Maxellon noted that the site is in a public watershed. Should there be any input from the water company?
Ms. Bednaz replied that a letter was sent by certified mail, with no response to date. It actually sits on the edge of the watershed.
Chairman Maxellon asked if the applicant will be working with Ms. Bednaz regarding the type and number of plantings.
Ms. Bednaz replied that it is up to the IWWA.
Mrs. Lanagan stated that she had done some research and plans a variety of native species, such as eastern hemlock, American arborvitae and others. She and Mr. Lanagan will work with Ms. Bednaz.
Chairman Maxellon stated that this application cannot be acted on at this meeting, but can be at the Agency’s meeting of March 16, 2010.
8. Correspondence: The following items of correspondence were received:
a. IW-528 AB Container Email
b. DEP Training Program Classes Handout
c. Update - 123 Weymouth Road
d. Map-Reading and Watershed Delineation Skills for Inland Wetland Commissioners Handout
e. Porous Pavements Q & A Article
9. Commissioner's Correspondence
a. Site Visit Updates: Agent Lemay reported that he visited the Enfield Medical building recently; hay bales are still in place.
Agent Staples reported that he visited the Nitch property recently; the roadway over the wetland crossing was under water.
Ms. Bednaz replied that the road was designed to handle seasonal flows.
Chairman Maxellon asked if the Nitch project is ongoing.
Ms. Bednaz replied that it is not yet stabilized. Once growth is established, hay bales can be removed.
Agent Staples noted that as he was leaving the Nitch property he noticed that there are large sand piles going into the wetlands behind the court house.
Ms. Bednaz stated that she would visit the site to check on this.
Agent Nelson asked how members know when a project is closed out.
Ms. Bednaz explained that she requests a completion letter from the applicant. Otherwise, it requires checking the files.
Also, bonding is not released until a project is complete. Some applicants, however, forget that they have a bond so they may not remember that they actually have to close out a project. She also added that once an area is stabilized, the silt fence should be removed.
Agent Szczesiul asked if an easement layer could be added to the GIS system.
Ms. Bednaz agreed that this would be a good idea and will put it on the “wish list” for the IT department. She would also like to see a natural diversity base layer added. All layers would need to be updated regularly, with a disclaimer that the information provided may not be up to date.
10. Approval of Minutes -January 19, 2010, February 2, 2010 & February 16, 2010: Since Agent Peruta had requested changes to these minutes and he is not present this evening, it was suggested by Chairman Maxellon that voting on the minutes of the meeting of 01/19/10 be tabled.
A motion was made by Agent Nelson and seconded by Agent Albert to table the vote on approval of the minutes of the meeting of 01/19/10 to the meeting of March 16, 2010. Vote was 6-0-1(Abar).
Until the video of the meeting of 02/02/10 could be reviewed to determine who seconded 2 motions, it was the consensus of the members to table voting on these minutes also.
A motion was made by Agent Nelson and seconded by Agent Staples to table the vote on approval of the minutes of the meeting of 02/02/10 to the meeting of March 16, 2010. Vote was 7-0-0.
A motion was made by Agent Nelson and seconded by Agent Staples to approve the minutes of the meeting of February 16, 2010 as presented. Vote was 5-0-2(Lemay and Maxellon).
11. Wetlands Agent Report: A brief report was provided by Ms. Bednaz. The item at 123 Weymouth Road was addressed through the correspondence portion of the agenda and 201 State Street was addressed through IW 536.
Agent Approval was given for the shed at Five Guys Burgers & Fries on Elm Street. The shed is to be located in a previously disturbed area.
PetSmart has received a Certificate Of Occupancy. Hay bales are still in place and there is still a bond for erosion and sediment controls.
12. Old Business: None.
14. New Applications to be Received
a. Applications to be received after Town deadline for Agenda: None. A large application to reconstruct the bridge on South Maple Street is expected to be received in time for the Agency’s next meeting.
15. Other Business
a. IWWA Fines Ordinance
b. IWWA Fee Schedule
c. IWWA Regulation Revisions: A motion was made by Agent Albert and seconded by Agent Nelson to table discussion on items 15a, b, & c. Vote was 7-0-0.
Ms. Bednaz noted that the wetlands map showing escarpment slopes is out of date. The State D.E.P. maps no longer show escarpment soils. She is trying to figure out a guide for applicants to help determine where escarpment soils and slopes are located. She stated that she will check to see how other towns are handling this.
Agent Albert asked if there has been any progress on getting badges for members that do not have one.
Ms. Bednaz replied that no one has contacted her regarding this.
Chairman Maxellon stated that he will call the police chief or Mr. Bromson tomorrow.
d. Next regular meeting is Tuesday, March 16, 2010 at 7:00PM in the Council Chambers.
16. Adjourn: A motion was made by Agent Albert and seconded by Agent Staples to adjourn the meeting at 8:38 p.m. Vote was 7-0-0.
Respectfully Submitted,
___________________________
Jo-Marie Nelson, Secretary
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