Inland Wetlands and Watercourses Meeting

INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF A REGULAR MEETING

TUESDAY, July 6, 2010

A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, July 6, 2010 in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.

MEMBERS PRESENT:     Douglas Maxellon, Chairman

                                Joseph Albert

Jo-Marie Nelson

Brian Peruta

Jennifer Serra, Alternate (7:40 p.m., seated)

Patrick Szczesiul, Alternate (seated)

MEMBERS ABSENT:      Maryann Abar, Alternate

                                        Karen Camidge

Robert Lemay

Robie Staples

ALSO PRESENT:           José Giner, AICP, Director of Planning

Susan Berube, Recording Secretary

REGULAR MEETING

1.       Call to Order:  The meeting was called to order by Chairman Douglas Maxellon at 7:31 p.m.

2.       Roll Call:  Present were:  Chairman Maxellon and Agents Albert, Nelson, Peruta, Szczesiul and Serra (7:40 p.m.).  Also present were José Giner, Director of Planning, and Susan Berube, Recording Secretary. 

Agent Serra was seated as a full voting member upon her arrival.

3.       Pledge of Allegiance:  The Pledge of Allegiance was recited.

4.       Public Hearing:  None.

5.       Public Participation - Issues of concern not on the agenda:  None.

6.       Correspondence

a.  Monitoring Reports June 18, 22 and 25 Post Office /Town Farm Rd:  Mr. Giner briefly reviewed the reports with the Agency members.  The reports also include photos, as previously requested by the Agency.

Chairman Maxellon asked if Mr. Giner would be reviewing the reports and following up on any issues noted therein. 

Mr. Giner replied that staff would be following up on any issues.  He added that the contractor is starting on the bridge and the utility companies are working on relocating their poles.

b.  Journal Inquirer Article Dated 6/22/10:  Mr. Giner noted that he had not been aware of this requirement of filing documents pertaining to IWWA permits in the land records.  He will look into the matter further to determine when it becomes or became a requirement.

This would allow the new owner of any property that has IWWA conditions to be made aware of them, at the time of sale of the property.   

c.  Updated member contact information sheet.

7.        Commissioner's Correspondence

       a. Site Visit Updates:  Weymouth Road, Post Office Road and Raffia Road and the project list were reviewed. 

Agent Peruta noted that work has been done in front of the wetlands on Weymouth Road, but an application never came before the IWWA for this work.  This was not a state-run job.

Mr. Giner stated that he would check with Mr. Hawkes of the Public Works Department on this.  He has already requested that Mr. Hawkes update the IWWA on projects of this type before the work commences.

Agent Peruta added that there was not even any silt fence installed.  He requested a schedule for the balance of the road projects currently approved.

Agent Peruta also reported that he saw some silt fence on Post Office Road that was compromised.

The Simon Road project has not started.

Chairman Maxellon reported that he met with representatives of the North Central Conservation District (NCCD) and Ray Warren last week.  The NCCD may provide consulting services to the IWWA.

Mr. Giner explained further, stating that the NCCD has been hired as a consultant at least for the Eppendorf application.

They are a non-profit organization and act as consultants for several area towns, including Somers, Vernon, Bolton and others.

They have provided “spot work” for the town in the past, at no charge.

Agent Serra arrived at this time, 7:40 p.m.

The Agency members’ next packet will include the NCCD’s proposal.  Their work would include limited office hours, review of plans, attend meetings and provide technical advice to the Town.

Agency members briefly reviewed the projects list.  Agent Serra volunteered to inspect the AW Hastings project, IWWA #537.

Chairman Maxellon asked members to keep up on their projects.

Agent Nelson asked if only open projects are on the list.

Mr. Giner stated that he will ask the department secretary to update the list, moving closed projects to the bottom.

He stated that he will also look into whether or not the list can be incorporated into the new software.  New projects will be input into the new system and will provide more detail.

Mr. Giner also reported that Mr. Hawkes has informed him that the Raffia Road project does not have any wetlands involved in it.

8.        Approval of Minutes -June 15, 2010:  A motion was made by Agent Nelson and seconded by Agent Albert to approve the minutes of the meeting of June 15, 2010 as presented.  Vote was 5-0-1(Peruta).

9.        Old Business:  None.

10.           New Business

a.                                           XIW-10-12 - Town of Enfield - A permit has been request for The Road 2005 Program Section 1D-1.This project is to provide roadway and drainage improvements to Lafayette Road, Hartford Avenue and Alden Avenue within the regulated area. Submitted 06/14/10, received 06/15/10, PPE 06/30/10, MAD 08/19/10.

Jeff Lemay and Jane Witherall of Maquire Group represented the applicant.  Mr. Lemay distributed a map of the proposed work area.

He pointed members’ attention to the drawing H4, showing the only wetlands located within the project.

Mr. Lemay explained that the project includes a full depth reconstruction to 3 roads, totaling 3 ¾ acres of disturbance, 2 ½ acres of which are within the existing roadway.

There will be minor adjustments made to the grade for drainage improvements, curbing, road width alignment and to eliminate drainage into the sanitary sewer system.

The current outfall has significant erosion due to undersized piping located there.  Total wetland impact at the outfall is 35 square feet, necessary to blend in with the channel.

A 20’x30’ wide channel is being created; all work will be within the Town’s right-of-way.

Funding is already in place and the applicant hopes to advertise for contractors within the next few weeks. 

The project is high priority because it is already behind schedule.

Mr. Giner reminded the Agency of the need to determine if this is a potential significant impact, requiring a public hearing.

Agent Peruta asked if the disturbance for wetlands is only 35 square feet?

Mr. Lemay stated that it is.  It is for shortening the pipe to allow installation of the new 24” pipe.

Agent Peruta asked if additional water is expected to enter the channel because of the project.

Mr. Lemay stated that there will be some additional water, but not substantial.  The wetland has a deep ravine, approximately 3 to 6’ deep, then it opens up.

Mr. Giner added that the wetland is larger than what is shown on the map; the map shows only the limits of work.

Mr. Lemay also added that now work will be done in the ravine.

Agent Albert asked if the existing pipe will be plugged.

Mr. Lemay replied that it will; it will be pulled out where the channel is and where the new culvert will be located.

Agent Nelson asked how long the project will take.

Mr. Lemay responded that it should take 180 days or less.  If work starts in August, it should be complete by December, 2010.

Chairman Maxellon asked about the condition of the escarpment there.

Mr. Lemay stated that the only area of scour is at the ravine.  The banks don’t appear to be collapsing, and look to be somewhat stable.

Chairman Maxellon noted that the flow will be increasing and asked if the drainage calculations have been given to Engineering.

Mr. Giner stated that there is no indication in the file that they were.

Mr. Lemay stated that the outfall calculations are in the application package.

Mr. Giner stated that he will check with Mr. Cabibbo.

Mr. Lemay went on to state that most of the flow is coming down the road.  Only 2 of the catch basins are catching any flow.

Chairman Maxellon stated that he wants to make sure that the escarpments are protected.

By unanimous consent of the Agency members, it was determined that a public hearing is not necessary for this application.  Because that determination was made at this meeting, 07/06/10, the correct PPE is 07/20/10. 

Agent Szczesiul asked if all of the residents in the project area are notified, if this application isn’t going to PZC?

Mr. Giner replied that they are notified by someone, likely the DPW.

Mr. Lemay stated that he will provide further information on this application to Mr. Giner prior to the next meeting.

11.             New Applications to be Received

a.  IW538 – Permit for activities within a regulated area associated with new building construction and related site activities at 175 Freshwater Blvd., Eppendorf Real Estate Corp, applicant/owner.  Submitted 06/30/10, received 07/06/10, PPE 07/20/10, MAD 09/04/10.   Mr. Dana Steele, PE and Michael Gragnolati, Soil Scientist, represented the applicant.

Mr. Steele briefly explained that Eppendorf is a biotech company that develops and distributes products for the life science industry.

Eppendorf purchased the property in 2005.  It is a 25 acre parcel located on the east side of Freshwater Blvd. and is surrounded on 3 sides by Town owned open space.

It currently has 230 parking spaces for the 192,000 square foot building which is utilized 30% for office space and 70% for manufacturing and warehouse areas.

The building is close to capacity and the company is looking to expand.

The applicant is proposing an addition of 138,000 square feet and 60 additional parking spaces, most to the west and north of the proposed addition.

Forty parking spaces will be in the southeast corner of the property as well as temporary parking during construction.  That area over the 40 space allotment will be then used for storage of tractor trailers.

Mr.  Steele noted that the demolition plan on page 3 shows the existing conditions of the site.

The building has a man-made drainage ditch on 3 sides.  It connects at the intersection and heads north.  It is extremely flat and has standing water, making it a regulated area.

The applicant proposes to relocate a portion of the ditch to the perimeter of the proposed addition to allow the expansion of the building and parking areas.  It will all drain to a large wet pond.

Currently, the site does not have storm water detention or treatment.

The wet pond is being proposed for both detention and treatment to address flooding issues downstream, as well as water quality.

Chairman Maxellon noted that the applicant was approved for a permit on this site about 4 to 6 months ago.  He asked if that project has been completed.

Mr. Steele replied that it is partially completed.  The concrete pad has been constructed and the widening of the pavement has been completed.

The proposed plan will resolve any issues of additional impervious coverage.

Mr. Steele went on to point out, on sheets 4 and 5, the proposed wetland impacts to the ditches and isolated wetland on the northeast corner of the property.

The proposal disturbs a wetland area of 2,400 square feet but the proposed wet pond will be over one acre in size.

Sheets 9-11 show the grading and contours.

Sheet 15, the erosion and sediment control plan, shows all grading, wetland limits, clearing limits and erosion and sediment controls.

The wet pond will be used as a sediment basin during construction.

Page 16 shows the maintenance schedule for post construction, to maintain the water quality features in the future.

Mr. Gragnolati stated that he submitted his report and briefly reviewed it with the Agency members.

He again stated that the drainage ditch is man-made and the area is used as ATV trails.

There is a forested wetland with red maple and cinnamon fern.  There are other, larger wetlands off of the property.

Mitigation for impacts to the drainage ditch will include new 4:1 slopes, loamed and seeded.  The new slope will allow any wildlife to utilize the ditch.  Wetland plants and seed mix will be used.

Mr. Gragnolati also stated that wetland functions are very limited but it does have some groundwater recharge and this will be enhanced with the new ditch.

It doesn’t appear that the woodlands are older than 40 years.  There are a few older beeches and pines but it is generally red maple, blueberry and cinnamon fern.

It is not really a high quality wetland.  It eventually, as you head north, runs into a tributary of Freshwater Brook.

Mr. Giner noted that there has been an ART meeting on this application.  There is a letter on file consenting on a swap of land to the north, equal to the area being swapped to the south.  There will be a PZC hearing on this on July 22, 2010.  The proposed swap helps protect a higher quality wetland.

Mr. Steele explained that timelines are tight for the applicant, since they plan to begin construction this fall.  If that can’t happen, the project would be in jeopardy.

Chairman Maxellon asked if there really are 38 abutters to the site, since it is surrounded on 3 sides by Town owned open space.

Mr. Steele explained that the existing parcel is surrounded by the Town on 3 sides but the applicant needs to include the abutters for the Town’s property too, because of the proposed land swap.

Mr. Giner added that this is because the application was received prior to the land swap.  If it came in after, it would only have the Town as an abutter.

Agent Peruta asked if the new channel and pond will be created before the current ditch is removed.

Mr. Steele replied that it would.  This will provide containment and sediment control during construction.

Agent Peruta asked if the property will be re-graded.

Mr. Steele replied that it will; some materials will be removed.

Agent Peruta assumed some materials will be stockpiled on site, but asked if some materials will ultimately be removed from the site.

Mr. Steele stated that it will.

Agent Peruta asked how long the project will take and if the construction entrance will be kept clean and swept.

Mr. Steele replied that the entrance will be kept clean and the project should be finished by the fall of 2011.  The applicant has looked at sites in other states as well as Asia, but has chosen Enfield.

Agent Peruta asked about wildlife.

Mr. Gragnolati replied that there are a few deer.  There is a larger wetland to the north and northeast.  It is also wet to the east behind the proposed ditch.

In response to a question by Agent Peruta, Mr. Steele replied that the purpose of the pond is to hold the flows.

Mr. Giner reported that he has the drainage reports.  Mr. Cabibbo will review them and provide comments for the Agency’s next meeting.

Agent Serra asked if there will be filtration into the pond.

Mr. Steele replied that the concentration of storm water will be kept down with multiple outlets.  The water flows through the vegetated swales before going into the deeper areas of the wet pond for settling out sediment.  The pond will now be able to provide detention for the entire site, not just the addition.

Agent Nelson asked what the total wetland disturbance will be - .06 acre?

Mr. Steele replied that the .06 figure is just for the isolated wetland.

Agent Nelson thanked Eppendorf for considering Enfield.

Mr. Giner stated that a representative from the NCCD will be present at the Agency’s next meeting with comments.

In response to a comment by Chairman Maxellon, Mr. Steele agreed that the land swap will be an equal portion from the north side for property on the south side of the site. 

The land swap is not part of the application because there are not wetland activities proposed there.

Chairman Maxellon asked what the depth of the proposed pond will be.

Mr. Steele replied that it will be approximately 4’, permanently pooled below the outlet, with an additional 4’ to the spillway.  The 8’ depth would only occur during 100 year storm events.

Chairman Maxellon noted that the Agency needs to know where the soil is to be disposed of off-site.

He also asked where the staging and stockpile areas will be located.

Mr. Steele showed the potentially suitable areas on the plans.  He noted that this was discussed at the ART meeting.

Chairman Maxellon asked where the snow stockpile areas will be located.

Mr. Steele replied that there will be landscaped islands and the drainage swales that can be utilized.  The access road will not have curbs so that drainage can sheet flow but will have drainage structures for times when the snow may block the sheet flow..

In response to a question by Chairman Maxellon regarding the need for de-watering, Mr. Steele replied that the finish floor will be at elevation 131 and the water table is at 120 or 121 so there should be no problem.

The wet pond could hit the water table but the site is contained.  The wet pond will be a sediment basin during construction.

Chairman Maxellon expressed concern over contacting 38 abutters if the IWWA decides to hold a public hearing but noted that a public hearing would be a quicker process for the applicant.

Chairman Maxellon polled the Agency members on the need for a public hearing due to the potential of significant impact.

Agents Albert, Serra and Nelson all felt that it was not a significant impact but Chairman Maxellon and Agents Szczesiul and Peruta felt that a public hearing should be held, resulting in a tie decision.

Mr. Giner noted that if a public hearing is not held but someone submits a petition for a public hearing, the application would be held up at least until September, 2010.

Agents Nelson, Albert and Serra changed their opinion regarding holding a public hearing.

A motion was made by Agent Nelson and seconded by Agent Serra to hold a public hearing on IW 538 due to potential public interest at the Agency’s next regular meeting, 07/20/10.  Vote was 6-0-0.

  a. Applications to be received after Town deadline for Agenda.  None.

12.             Other Business

a.      Bond Release:  Mr. Giner explained that the plantings were a requirement of the conditions of approval.

Chairman Maxellon asked that Mr. Giner follow up on the residents mowing the lawn within the conservation areas.

A motion was made by Agent Albert and seconded by Agent Nelson to approve the bond release for IW 471.03 as recommended in a letter to the IWWA dated June 25, 2010, from Ms. Bednaz.  Vote was 6-0-0.

b.      IWWA Fines Ordinance

c.       IWWA Fee Schedules

d.      IWWA Regulation Revisions:  Chairman Maxellon noted that the only portion left to be discussed is the appendix and hopes that a workshop can be scheduled in August.  He would like to have the regulations ready for a public hearing in late September or October, 2010.

A motion was made by Agent Nelson and seconded by Agent Peruta to table discussion of agenda items 12 b, c, and d until the meeting of July 20, 2010.  Vote was 6-0-0.

e.      Next regular meeting is Tuesday July 20, 2010 at 7:00PM in  the Council Chambers.

13.           Adjourn:  A motion was made by Agent Albert and seconded by Agent Szczesiul to adjourn the meeting at 8:55 p.m.  Vote was 6-0-0.

Respectfully Submitted,

________________________

Jo-Marie Nelson, Secretary