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, June 1, 2010
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, June 1, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.
MEMBERS PRESENT: Douglas Maxellon, Chairman
Karen Camidge
Maryann Abar, Alternate, (seated)
Robert Lemay
Jennifer Sierra, Alternate. (seated)
Robie Staples
Patrick Szczesiul, Alternate (seated)
MEMBERS ABSENT: Joseph Albert
Jo-Marie Nelson
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, Camidge, Lemay, Serra, Staples 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.
5. Public Hearing: None.
6. Call to Order of Regular Meeting: N/A
7. Public Participation - Issues of concern not on the agenda: None.
Chairman Maxellon seated Agents Abar, Serra and Szczesiul as full voting members for this meeting.
8. Correspondence: A motion was made by Agent Camidge and seconded by Agent Lemay to add the following to the agenda as item “8a”., moving item a into the next position, with each item following moving into the next position: “Discussion of Erosion and Drainage Report”. Vote was 7-0-0.
a. Discussion of Erosion and Drainage Report: Mr. Piya Hawkes, Director of Public Works and Jeffrey Bord, Town Engineer, reviewed the report on erosion and drainage issues in town.
Mr. Hawkes gave a brief overview, stating that the Meaodowlark/Yale Drive channel is complete. The winning bid was $382,000 but with change orders, the project cost approximately $392,900.
There is a small amount of work left on phase I of Play Road. It was bid at $248,613, but, again, with change orders, actual cost was closer to $309,800.
Projects being proposed include:
· Shannon Drive Storm Drainage (design is complete)
· Parker Street Drainage (design is complete)
· Nathan Hale School erosion – the abutters need to be notified since the erosion is occurring on private property.
· Play Road, Phase II – design in progress
· Freshwater Brook Wall – design in progress.
Mr. Bord went on to explain that approximately 2,000 linear feet of channel on Meadowlark/Yale Drive channel was reconstructed and cross culverts cleaned.
Play Road, Phase I was under construction during June through September, 2009. Structures were raised by 9’, and 18,000 cubic feet of fill was installed. The channel was filled with rip rap to protect the toe of the slope. The rip rap should stabilize the toe. Phase II will pay for piping approximately 300’ of the channel and establishing a 3:1 side slope for the remainder of the channel. It will cost approximately $400,000 addition to complete Phase II.
The Shannon Drive project will add catch basins to either side of the existing manhole, stabilize current erosion, repair the outlet with a flatter slope and rip rap the channel for a cost of approximately $165,000.
The stream behind the Nathan Hale School is Terry Brook. Mr. Bord stated that he will be working with Ms. Bednaz to notify the property owner of the erosion occurring on private property.
A 42” pipe is deteriorating at the Still Lane culvert inlet. Mr. Bord stated that he is unsure at this time which option will be utilized, but either the pipe can be replaced for approximately $25,000 or the inlet can be reshaped to lower the velocity and regularly monitored by Town staff.
Also, there is flooding from the roadway onto 25 Parker Street. A pipe located there, under the road will be replaced and 2 new catch basins will be installed. All of this work will be outside of the upland review area. The cost will be approximately $82,000.
Mr. Bord continued, explaining the problem with the Freshwater Brook wall. It is an old stone wall and the toe of the slope is undermined and rocks are falling out of the wall.
A new block retaining wall and footing, approximately 70-80’ long will be installed, and debris removed from the waterway. The remaining wall will be shored up and a new footing added.
Mr. Hawkes stated that this one project alone will cost approximately $400,000; the CIP account has only $400,000-$500,000.
He added that he has received direction that this one project is a priority.
Agent Camidge asked if the Play Road, phase II will also be funded.
Mr. Hawkes stated that it will not be funded right now. Phase I does have approximately $4,000 left.
Chairman Maxellon stated that once the design phase is complete, the Freshwater Brook wall will come before the IWWA.
Mr. Hawkes and Mr. Bord next discussed the culvert inventory.
Mr. Hawkes explained that Mr. Bord has mapped out 11 watersheds and inventoried all known culverts – over 200 within these watersheds. There are more yet.
Mr. Hawkes stated that the DPW can either inventory open channels next or confirm boundary limits of the known culverts.
Detention basins, beaver dams, confirmation of rights-of-way and easements also need to be mapped and eventually all of these things will be on the Town’s GIS system
Mr. Hawkes also briefly reviewed the draft maintenance program that he developed. It gives a description of the activity, timing of cleaning/maintenance, lists equipment to be used, best management practices, and details of training for DPW employees.
Ms. Bednaz passed around a copy of the known inventory of culverts while members briefly reviewed the accompanying watershed map.
Ms. Bednaz asked that Agency members provide comments on the draft culvert maintenance document. Comments emailed to Ms. Bednaz will be forwarded to Mr. Hawkes.
Chairman Maxellon requested a copy of the watershed map for each member.
Ms. Bednaz responded that updated copies of the map would be distributed to members when an application is presented.
Chairman Maxellon felt that it would be beneficial for each member to have a copy beforehand and requested that a black & white copy of the map be provided for each member, as well as at least a portion of the inventory list.
Agent Staples asked if the proposed maintenance program will be possible, given the current budget crisis.
Mr. Hawkes admitted that with the current staffing levels, it will be a slow process but they will do their best to follow the guidelines.
Chairman Maxellon stated that it is at least a starting point.
Agent Staples agreed and stated that it would be great if the maintenance plan could be followed.
Ms. Bednaz explained that it is the intent of Mr. Hawkes to expand on the map and add drainage channels, detention basins and possibly, beaver dams.
Mr. Hawkes stated that he does not know how the Agency prefers to have the permits – a general permit for each type, such as culverts or one general permit for everything.
Ms. Bednaz noted a potential issue- what to do when an emergency happens at, as an example, a culvert, that is not on the inventory. She suggested that perhaps the inventory list would need to be updated frequently, such as every six months,
She also suggested considering one general permit, versus 5 different permits. As each type is completed, it would be a separate permit, until all inventory is complete.
Agent Camidge asked if the permit would reference the map on file as of a certain date so it could be modified with the reference of the new date of the map instead of listing each separate culvert, pipe, etc.
Agents Lemay and Camidge both expressed appreciation for the map and inventory. Chairman Maxellon agreed.
Chairman Maxellon stated that he would like to eventually see one permit. He suggested splitting the map into 2 sections – one with 5 watersheds and one with 4 watersheds.
Ms. Bednaz noted that the permits would be by type – culverts, beaver dams, etc…
Chairman Maxellon noted that an important part of permitting will be to know where the Town’s rights-of-way are located.
He also felt that work needing to be done that is not currently on the map will need to be permitted separately.
Ms. Bednaz suggested that if an emergency happens, a condition of approval to cover it could be added, whether or not that particular location is currently on the map. The only problem may be with beaver dams which can be tricky. She added that she will go over these with Mr. Hawkes.
Agent Camidge requested a condition of approval that Staff find out the easement or right of way before work is done at a location.
Ms. Bednaz stated that this can be requested but it’s slightly out of the purview of the IWWA and is not really up to the Agency to enforce.
Ms. Bednaz added that current regulations state that if a significant activity is to occur, all abutters will need to be notified. The Agency will either need to determine that these are not significant activities or work on revising the regulations regarding notification requirements. Currently, it would be almost unmanageable to send certified mail to just about everyone in town.
Mr. Bord stated that the watershed and waterways information came from the USGS maps and the inventory list came from his knowledge and experience and subdivision and other maps. Some watersheds have more information compiled than others. It is a work in progress.
b. IW-519 Enfield Medical Building Memo dated May 21, 2010: Ms. Bednaz stated that the project is moving along well. The contractor hopes to have seed down within the next month.
c. Recent Court Cases handout from 2010 Municipal Inland Wetland Commissioners Training Program Segment 2: Ms. Bednaz suggested that Agency members read the article, for future reference.
d. Pesticides, Wetlands and Watercourses Powerpoint Presentation
e. State Listed Species and the Natural Diversity Data Base (NDDB) Powerpoint Presentation: Ms. Bednaz included these in the packet for Agency members. She noted that the D.E.P. has no jurisdiction over NDDB areas unless a permit is required by them but the IWWA can request information on this, but it must be wetland related.
f. Shaker Pines Lake Aquatic Pesticide Permit Application: This is a yearly project by the Shaker Pines Lake Homeowners’ Association.
g. Town Attorney's Office Memo Regarding Republication of Decision-Attached Request: Agent Abar mentioned that she found the response difficult to understand.
Ms. Bednaz responded that it seems that the Attorney is suggesting that the DPW be notified that the conditions of approval do not apply.
Chairman Maxellon noted that any condition that is statutory must be complied with. He directed Ms. Bednaz to send a revised letter of permit approval for XIW-10-04 to the DPW.
Ms. Bednaz noted that Agent Albert had a question at a previous meeting regarding Regulation 9.1 regarding the ability of non-resident owners to sign or start a petition. By state statute, the person must be a resident of the town.
9. Commissioner's Correspondence:
a. Site Visit Updates: Agent Szczesiul reported that trees are being cleared along Town Farm Road. The silt fence has been installed and there doesn’t seem to be any silt going towards the river.
Chairman Maxellon clarified his written communication to Staff and the Town Council members dated 04/19/10.
He distributed a copy of his correspondence and explained that back in April, 2010, he received an email from Ray Warren requesting information on how commissions would be affected by staff cuts.
Chairman Maxellon went on to say that he forwarded his response to Town Council as they were deliberating on the budget.
Chairman Maxellon stated that he received a “thank you” from members of both parties but did not receive any questions or comments on his letter from the Council members.
10. Approval of Minutes - May 12, 2010 & May 18, 2010: A motion was made by Agent Camidge and seconded by Agent Szczesiul to approve the minutes of the special meeting of May 12, 2010 as presented. Vote was 2-0-5(Maxellon, Abar, Staples, Lemay, Serra).
A motion was made by Agent Camidge and seconded by Agent Abar to approve the minutes of the meeting of May 18, 2010 as presented. Vote was 6-0-1(Serra). Agent Serra later commented that she was present at the meeting of 05/18/10.
11. Wetlands Agent Report: Ms. Bednaz provided a brief review of her written Agent’s Report, dated 05/26/10.
She stated that the email from Mr. Bord, dated 05/12/10 to the contractor for Weymouth Road erosion control issues has not been responded to, to date.
Agent Abar noted a large amount of activity on Bess Road and asked if there is a greater issue there – are the neighbors seeing others filling in, so they follow suit? She wondered if a letter should be sent to all of the owners informing them of what can and cannot be done.
Ms. Bednaz explained that the area is wet; the houses were built on high areas. All three of these homes – 19, 21 and 10 Bess Road have new owners and they no doubt want to improve their yards.
The issue is with new owners as they make improvements, not the whole street.
It is impossible for Staff to know of everything that goes on, unless they found out in other ways.
Ms. Bednaz also noted that if she were able to find the time before 07/01/10, she would like to create a presentation for E-TV to educate residents on what is and is not allowed, and where.
In response to a question by Chairman Maxellon, Ms. Bednaz stated that the owner of 52 Booth Road has spoken with the CT Water Co., who is getting a formal evaluation. The homeowner will report back to Ms. Bednaz once that is complete.
Chairman Maxellon asked Ms. Bednaz to develop a list of open issues for Mr. Giner to follow up on, after 07/01/10.
Ms. Bednaz stated that she hopes some of the issues will be resolved before then.
12. Old Business: None.
13. New Business: None.
14. New Applications to be Received
a. IW-537 - A.W. Hastings & Co. - is requesting a permit to construct an additional loading dock and expand the pavement within the regulated area at 1 Niblick Road (Map 55, Lot 7). Submitted 5/25/10, received 6/1/10, PPE 6/15/10, MAD 8/5/10. Mr. Raymond Nelson, P.E. of Messier, Inc., Michael Gragnolati, Soil Scientist, and Dennis Dudley of A.W. Hastings & Co., represented the applicant.
Mr. Nelson explained that the applicant would like to re-use an existing industrial building located at 1 Niblick Road.
The applicant proposes to add a loading dock and paved area for trucks and parking, located within the wetland area.
Mr. Nelson reviewed the proposed plans with the Agency. He explained that the existing building will remain the same, except for the addition of the loading docks.
There is an existing drainage system that includes some overland flow over the paved area and goes into the wetland. There is also another wetland area receiving drainage and a third area located along Phoenix Ave.
There are landscape islands that act as rain gardens.
New pavement will pitch back to the wooded strip along the eastern property line.
A swale exists that leads to nowhere. The water travels to a low area which needs to be cleaned of leaves and brush.
Mr. Nelson briefly reviewed the grading and direction of flow shown on the plans. The site is relatively flat.
The existing swale is to be extended and will not disturb the wetlands.
Mr. Nelson reviewed the Agent Review, dated 06/01/10 provided by Ms. Bednaz. He stated that some trees will be removed to allow construction of a swale. He hopes to be able to keep the larger trees.
He added that the site is relatively dry, even with the wetland soils.
The swale is to be 1 to 1½’ deep. It will be long and broad.
The soil stockpile will be located within the existing grass area.
Regarding alternatives, he noted that current town regulations do not allow additional drainage to enter into the existing catch basins.
There will be a total of 7,932 square feet of wetland disturbance.
He also noted that the existing swale needs to be cleaned; it is not maintained by the Town.
Check dams are being proposed. He added that perhaps he can work with Town staff on this.
Mr. Gragnolati explained that the wetlands are isolated.
He provided a copy of the Google map to show where the work is proposed.
Mr. Gragnolati also stated that the site was originally flagged in the early 1990’s. They are very isolated wetlands and have lost a lot of values that it once may have had.
There is some wetland vegetation in the area, such as red maple, sediment fern, and high bush blueberries.
Past activities have cut this wetland off, making the functional value greatly reduced.
The sale will take the water entering the property from the East and infiltrate the ground water.
Mr. Gragnolati provided photos of the existing swale and showed where the proposed check dams would be located on Town owned property.
He added that this would at least take off sediments; there is very little sediment from the roof, it is mostly from the parking areas.
Mr. Nelson added that the elevation is at 122. The swale will be at 120 and the water table is two to three feet below the surface.
Mr. Nelson also stated that the applicant considered using porous pavement but found that it is not recommended for tractor trailer trucks, especially if salt and sand will be used.
Ms. Bednaz requested more information on alternatives. She also requested that the proposed swale be included in the narrative.
Ms. Bednaz noted that the swale is located on Town owned property. Mr. Cabibbo has stated that an excavation permit can be obtained – the applicant will need to work with Town staff on this.
She also stated that she is unsure how well the check dams will work.
There was a brief discussion of the swale and existing gutter system.
Ms. Bednaz asked if the water could be directed away from the building and into a settling area, and allowed to trickle off.
She asked if the existing swale is to be excavated.
Mr. Nelson replied that it would just be cleaned out and check dams added.
Ms. Bednaz suggested that excavation may be better than the use of check dams. She asked that Mr. Gragnolati check to see how much sediment can be removed. She also stated that she will work with Mr. Nelson to get Town approval for the excavation.
Ms. Bednaz requested clarification of the wetland replacement area and details on seeding, as well as the erosion and sediment control narrative.
She also requested that Mr. Gragnolati work with Mr. Nelson to determine the best seed mix.
She asked if the high water table in the swale will affect the parking area.
Mr. Nelson stated that he does not feel that it will be a problem.
Agent Camidge asked if there is to be a buffer area for water running off of the parking area.
Ms. Bednaz explained that it is a tight sight, which makes it difficult to place drainage. She again expressed concern over the use of check dams.
Mr. Nelson agreed to look at the swale again.
He also noted that there is currently only a narrow strip of grass between the existing parking area and the swale.
Agent Szczesiul asked about the snow stockpile, wondering if it would go right into the swale.
Ms. Bednaz added that she wonders what they do with the snow now.
She would prefer that the melt water goes into the catch basin, first. The swale will be good for absorbing nutrients.
Mr. Nelson stated that the current owners probably push snow right into the wetland area.
Chairman Maxellon asked if it would be possible to have a few more feet of buffer, while still leaving enough room for a u-turn radius.
Mr. Nelson noted that the area is not just for turn radius; trucks will also be parked there overnight. He will look at the area again, with his client.
Chairman Maxellon noted that he thought there might be a permeable pavement available that is appropriate for heavy loads.
Ms. Bednaz stated that she would need to look at that again. Also, if the water table is too high, it would not be applicable in this situation. She suggested looking into rain gardens for gutter downspouts, to aid in infiltration.
Chairman Maxellon asked if the applicant has looked at runoff entering the swale.
Ms. Bednaz read the memo dated 06/01/10 from Mr. Cabibbo, which stated that most of the ART issues have been addressed.
Chairman Maxellon wondered if it would be possible to extend the swale under the driveway, towards the first detention basin.
Ms. Bednaz stated that it’s not as low as it looks, in the field. Also, the area contains some large trees.
Members discussed whether or not a public hearing would be necessary.
It was by unanimous consensus that a public hearing is not necessary for this application. A motion was made by Agent Camidge and seconded by Agent Staples to continue IW 537 to the meeting of June 15, 2010 in the Council Chambers. 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: A motion was made by Agent Camidge and seconded by Agent Staples to table discussion on items 15 a, b, and c to a special meeting to be held at 7:00 p.m. on Tuesday, June 8, 2010 in the Town Hall. Vote was 7-0-0.
d. Next regular meeting is Tuesday June 15, 2010 at 7:00PM in the Council Chambers.
16. Adjourn: A motion was made by Agent Camidge and seconded by Agent Serra to adjourn the meeting at 9:05 p.m. Vote was 7-0-0.
Respectfully Submitted,
___________________________
Jo-Marie Nelson, Secretary
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