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Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A PUBLIC HEARING and REGULAR MEETING
TUESDAY, September 7, 2004
A Public Hearing and Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, September 7, 2004 in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairperson Gretchen Pfeifer-Hall called the public hearing to order at 7:35 p.m.
MEMBERS PRESENT: Gretchen Pfeifer-Hall, Chairperson
Frank Poirot
Patrick Storey
Richard Szewczak
Louis V. Tallarita
David J. Wawer, Alternate
Joseph Jedynak
Michael Mosschetti
ALSO PRESENT: Neil Angus, Wetlands Agent
Susan Berube, Recording Secretary
PUBLIC HEARING(S)
1. Call to Order:
The meeting was called to order by Chairperson Pfeifer-Hall at 7:35 p.m.
2. Pledge Allegiance to the Flag:
There was no flag in the meeting room so the pledge was not recited.
3. Roll Call:
Present were regular members Chairperson Gretchen Pfeifer-Hall and Agents Jedynak, Mosschetti, Poirot, Storey, Szewczak, Tallarita, and alternate member Wawer. Also present were Neil Angus, Wetlands Agent and Susan Berube, Recording Secretary.
4. Hearings:
IW#421 of the Town of Enfield for a proposed culvert replacement involving excavation and regrading in and within 100 feet of wetlands. Property located at 26 Oliver Road (within Town Road Right of Way); (Map 47 Lot 41); Zoned I-1; [Submitted July 19, 2004; Received July 20, 2004; PPE August 3, 2004; MPHCD October 12, 2004].
Jeff Bord, Town Engineer represented the applicant. Mr. Bord explained the proposed project to the Agency.
The proposed culvert replacement is at 26 Oliver Road which is within the Beamans Brook watershed consisting of approximately 2,200 acres. It is part of an existing culvert system which originates by the Court House.
The pipe size ranges from 34" down to 12" on Post Office Road with twin 49"and 33" pipes also on Post Office Road. There is an existing 9'x5 ½' box culvert just prior to the proposed work site.
The project site currently has a 48" x 24" culvert which is approximately ½ full of debris. There is an existing 72" culvert downstream and the stream continues under Route 91 to another 72" culvert and continues under Route 5 for a 50'-60' drop.
There is only a 6" drop in elevation or .3% slope from the Court House to Oliver Road. The culverts under Post Office Road can carry 120 c.f.s. but the existing culvert at 26 Oliver Road can only handle 60cfs. The culvert under Route 5 can handle 230 cfs.
The goal is to get the water to travel within the culverts, not overland as it currently does. The system should be able to handle 230 cfs for a 10 year storm event and 320 cfs after full development of the watershed area.
The Town proposes to install an 8'x5' box culvert similar to that of Section 7, Road 2000 project in another area of town. Cobbles will be placed on the bottom foot for wildlife and fish, leaving an 8'x4' waterway for a length of 40'.
Work is proposed to take place between June 1 and October 30, 2005. D.E.P. and Army Corps of Engineers approvals are still needed, once approval is granted by the IWWA.
During review of the site plans, Mr. Bord explained that a coffer dam would be installed upstream to stop the flow during construction. If a high flow was experienced during the work phase, a 30" bypass pipe would be utilized.
The project is only expected to last about 2 days for construction.
Two existing willow trees will be removed. The leaves and limbs are adding to the clogging of the pipes. Two maple trees will be planted after construction.
The following is the sequence of the project:
" erosion control,
" tree removal,
" culvert removal,
" installation of new cobble bed,
" installation of new culvert,
" backfill and stabilize,
" remove temporary bypass and coffer dam,
" install new driveway over culvert.
Mr. Bord added that a letter from Mike Gragnolati, Soil Scientist, was received.
Mr. Bord also read a letter into the record from the owner of 26 Oliver Road, Bob Maxman, which stated that he is in favor of the project.
Receipts from Certified Mail have been received into the record.
Mr. Bord also anticipates cleaning a 9'x4' culvert upstream from the project as well as removal of a willow tree at the second site. The culvert is currently filled in approximately 1-1 1/2 feet with debris. He stated that if the Agency wished, this portion of the project could be dropped.
Agent Poirot asked if the project at 26 Oliver Road would help in the flooding situation on Post Office Road.
Mr. Bord responded that that flooding problem will be addressed at a future time with a separate application. It will require a low profile box culvert but is not on the Town's project list at this time.
In response to another question by Agent Poirot, Mr. Bord stated that the owner of 26 Oliver Road is well aware of the plan to remove the willow trees and is not concerned because they will be replaced by the maple trees.
Agent Szewczak asked if the debris could be removed from the culverts this year.
Mr. Bord stated that this was suggested to the Public Works Department but was told it is preferable to replace the culvert, being cleaner, will last longer and be easier to maintain.
Currently, there is 6" or less overflow on the road when it does overflow.
Mr. Angus noted that new D.E.P. regulations will soon require an inventory of all culverts and catch basins to help ensure that they are adequately maintained. He also stated that most of his concerns have been addressed.
Chairperson Pfeifer-Hall asked if the silt will be removed from the site, how large the replacement trees will be and how many will be installed.
Mr. Bord stated that it will all be removed. Backfilling will be done with new gravel and sand.
Trees will be replaced one for one and be of 1 ½" to 2" caliper. It would likely be a sugar maple variety but he is open to suggestions by Mr. Angus.
Members held discussion on tree size and variety.
Mr. Gragnolati mentioned that a sugar maple tree is more of an upland variety and suggested red maple variety.
Members requested a 2 ½" caliper minimum.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against this application.
After Mr. Angus briefly reviewed the proposed conditions of approval, a motion was made by Agent Storey and seconded by Agent Szewczak to close the public hearing at 8:08 p.m. Vote was 7-0-0.
Agency-sponsored Inland Wetlands and Watercourses Regulation amendment to address the 2003 Legislature amendments (Public Acts 03-177 and 03-276) regarding changes to the statutory timeframes for processing of Inland Wetland and Watercourses applications; [Public hearing opened September 7, 2004. Agency-sponsored change - no time limits on closing or decision].
Mr. Angus briefly reviewed the reason for the hearing, which is the result of statutory changes made to the regulations to harmonize the Planning and Zoning process with the IWWA process.
Five changes are required in the IWWA regulations:
1. Elimination of the requirement to submit applications at least 3 business days prior to the meeting (to be changed to 24 hours);
2. Addition of age and residency requirements for signing a petition requesting a public hearing;
3. Public hearing closure date changing from 45 days to 35 days;
4. Total extension of time periods changing to a maximum of 65 days total;
5. Requirement to hold a public hearing within 90 days of receipt of a regulation or map change petition being changed to 65 days and action date being changed from 60 days to 65 days;
These are already in practice and the regulations must be updated to coincide with the practices.
Mr. Angus also presented for the record the legal notice, the draft regulations that were sent to the D.E.P., as required, and the response letter dated 8/6/04 from the D.E.P.
In response to a question by Agent Storey, Mr. Angus stated that a person must be a resident of Enfield to sign a petition to have a public hearing held. Anyone can come before the Agency with their 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 by Agent Storey and seconded by Agent Poirot to close the public hearing at 8:15 p.m. Vote was 7-0-0.
A motion was made by Agent Storey and seconded by Agent Mosschetti to close the public hearing portion of the meeting at 8:16 p.m. Vote was 7-0-0.
REGULAR MEETING
1. Call to Order:
The regular meeting was called to order by Chairperson Pfeifer-Hall at 8:16 p.m.
2. Roll Call:
Present were regular members Chairperson Gretchen Pfeifer-Hall and Agents Jedynak, Mosschetti, Poirot, Storey, Szewczak, Tallarita, and alternate member Wawer. Also present were Neil Angus, Wetlands Agent and Susan Berube, Recording Secretary.
3. Executive Session - Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements, as needed. The specific reason should be stated for each session.
There were no items for discussion in executive session.
4. Public Participation - Issues of concern not on the agenda.:
No one in the audience came forward to speak.
5. Correspondence.
Items of correspondence were as follows:
" letter dated 6/22/04 from Mr. Angus to Enfield WPCA giving authorization to conduct Emergency Regulated Activities within 200' of the Connecticut River. Photos were sent to the D.E.P. to show completion of the project and the DEP has closed the enforcement file on this issue as a result;
" letter from Mr. Angus dated 7/30/04 to D.E.P. notification of proposed regulation amendments and draft of same;
" copy of legal notice for public hearings;
" notice of violation dated 7/30/04 to Vintner Place Condominium Association;
" Warning Letter dated 7/30/04 to Margaret Pappas for property at 1 Meeting House Lane;
" letter from Mr. Angus dated 8/2/04 to Ellen Steward approving building permit for garage at 9 Joan Drive;
" proposed 2005 IWWA meeting dates to be discussed and voted on by IWWA. A motion was made by Agent Szewczak and seconded by Agent Storey to move this item to the "other business" portion of the meeting. Vote was 7-0-0;
" Authorized Agent approval dated 8/5/04 to Russel & Joanne Brackoneski of 18 Plainfield Street for a garage;
" letter from Mr. Angus dated 8/9/04 to Rita Wood regarding installation of fencing at 44 South River Street;
" letter of violation dated 8/9/04 to Margaret Pappas regarding property at 1 Meetinghouse Lane;
" email dated 8/4/04 regarding availability of Environmental Quality Annual Report;
" etter from Mr. Angus dated 8/10/04 to Bernie's Appliances regarding additional landscaping improvements at 1559 King Street;
" notice of availability of 2004 Registry of Soil Scientists;
" letter from Mr. Angus dated 8/20/04 to Fred Provencher regarding approval of building permit for garage and addition at 52 Monroe Road;
" email dated 8/24/04 regarding Short Course in River Processes taking place in October, 2004;
" copy of article regarding natural drainage systems; copy of July-September "Connecticut Planning";
" letter from Mr. Angus dated 8/27/04 to Corporate Training Center at 132 Weymouth Road regarding land clearing and grading;
" Authorized Agent approval for landscape improvements at 20 Cottage Road, Paul Williams, owner;
" July/August edition of "Connecticut Wildlife".
6. Commissioner's Correspondence:
Chairperson Pfeifer-Hall noted receipt of the spring edition of "The Habitat".
Also, a card from Milone & MacBroom regarding new aquifer rules.
7. Approval of Minutes -- July 20, 2004 Meeting:
A motion was made by Agent Storey and seconded by Agent Poirot to approve the minutes of the meeting of July 20, 2004 as presented. Vote was 6-0-2 (Jedynak & Mosschetti).
8. Wetlands Agent Report - July 15, 2004 through September 6, 2004:
A motion was made by Agent Szewczak and seconded by Agent Storey to move this item to the end of the "new business" portion of the meeting. Vote was 7-0-0.
9. Old Business
IW#420 of MSC Liquid Filtration for a proposed 4,380 sq.ft. building involving excavation and regrading within 100 feet of wetlands. Property located at 198 Freshwater Boulevard (Map 55 Lot 3); Zoned I-P; [Submitted July 14, 2004; Received July 20, 2004; PPE August 3, 2004; MAD, September 23, 2004].
Mr. John Morgan, architect, represented the applicant.
He briefly reviewed the project stating that the applicant plans a 4,000 square foot addition to the existing building. 3,000 square feet will be outside the regulated area. There will be no runoff to the wetlands because the wetlands are located uphill from the building site.
Comments from the Town's engineer, John Cabibbo have been received; some corrections have been made on the plans per his request.
A proposed gravel splash pad is being reviewed by the applicant's engineer as requested by Mr. Cabibbo.
Mr. Cabibbo had also expressed concern over pavement expansion, however this will be outside of the upland review area.
Mr. Angus noted that the proposed conditions of approval address this concern as well.
Agent Szewczak asked if there is an existing retention system.
Mr. Morgan stated that the runoff from the new roof will run off the drip edge and it is anticipated that it will all be infiltrated into the ground. If there is any overland flow, it would head south, not uphill to the wetlands. There are varying contours but the slopes basically run southeast.
Agent Szewczak noted that any new ponding or runoff could create new wetlands. There is normally some effort to direct the flow. Mr. Morgan responded that the goal is to get the water into the ground as quickly as possible. It is clean water.
Agent Storey suggested that condition #11 be clarified so that it is clear that the volume is that of both peak and total.
In response to a question by Chairperson Pfeifer-Hall, Mr. Angus stated that the request for an A-2 Survey could be considered a Planning & Zoning issue since the discrepancy appears to be outside of the regulated area.
A motion was made by Agent Storey, seconded by Agent Tallarita to approve IW #420 with the 10 standard and following 4 conditions:
11. A statement from a qualified professional must be submitted which confirms that there will be no net increase in peak and total runoff leaving the site as a result of the proposed addition;
12. No outdoor storage of materials is permitted as part of this permit;
13. Limits of disturbance must be maintained. Any excess excavated material is to be removed from the site;
14. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plans entitled "MSC Liquid Filtration, 198 Freshwater Blvd."; sheet S1, revised July 2004; prepared by AECON Inc.;. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement or reorientation of structure footprints, from the plans and any denial or changes made by any other regulatory agency or commission shall require the permittee to come before the Enfield Inland Wetlands and Watercourses Agency for a Permit Modification or Determination of Permit Need (Jurisdictional Ruling).
Vote was 7-0-1(Szewczak). Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
IW#421 of the Town of Enfield for a proposed culvert replacement involving excavation and regrading in and within 100 feet of wetlands. Property located at 26 Oliver Road (within Town Road Right of Way); (Map 47 Lot 41); Zoned I-1; [Submitted July 19, 2004; Received July 20, 2004; PPE August 3, 2004; MAD September 23, 2004].
Mr. Angus briefly reviewed the recommended conditions of approval.
A motion was made by Agent Szewczak, seconded by Agent Storey to approve IW#421 with the 10 standard conditions as well as the following 6:
11. Exposed watercourse areas must be completely stabilized using approved stabilization procedures as outlined in the 2002 CT Erosion and Sediment Control Guidelines. Side slopes must be seeded with a conservation/wildlife seed mixture and all disturbed wetland areas with a wetland seed mixture;
12. Each Willow tree to be removed must be replaced with Red Maple (Acer Rubrum) with a minimum caliper of 2 ½ inches;
13. Construction laydown areas and stockpiling of materials are not permitted in or within 20 feet of the wetlands/watercourse;
14. 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;
15. A culvert maintenance plan shall be submitted to and approved by the Wetlands Agent prior to commencement of construction activities. This plan must be in accordance with the requirements for the forthcoming CT DEP General Permit requirements for discharge of stormwater from small municipal separate storm sewer systems;
16. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plans entitled "Proposed Culvert Replacement Plan for #26 Oliver Road, Enfield, CT"; sheet 1 of 1; dated 6/4/04, prepared by Enfield Engineering Division Public Works Department. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement or reorientation of structure footprints, from the plans and any denial or changes made by any other regulatory agency or commission shall require the permittee to come before the Enfield Inland Wetlands and Watercourses Agency for a Permit Modification or Determination of Permit Need (Jurisdictional Ruling).
Vote was 7-0-0. Reason for approval was that the project, with mitigation, will not adversely affect wetlands and watercourses.
Agency-sponsored Inland Wetlands and Watercourses Regulation amendment to address the 2003 Legislature amendments (Public Acts 03-177 and 03-276) regarding changes to the statutory timeframes for processing of Inland Wetland and Watercourses applications; [Public hearing opened September 7, 2004. Agency-sponsored change - no time limits on closing or decision].:
A motion was made by Agent Storey and seconded by Agent Poirot to approve the Agency Sponsored Inland Wetlands & Watercourses Regulation amendment to comply with the 2003 Legislature amendments (PA 03-177 & 03-276), effective September 26, 2004. Vote was 7-0-0.
Reason for approval was to comply with Statutory changes as a result of PA 03-177 & PA 03-276.
10. New Business
IW#422 of First Pioneer Farm Credit for proposed drainage improvements involving excavation and installation of drainage structures in and within 100 feet of wetlands and watercourses. Property located at 174 South Road; (Map 55 Lot 5); Zoned IP; [Submitted August 10, 2004; Received September 7, 2004; PPE September 21; MAD November 11, 2004]:
Dana Steele of J.R. Russo represented the applicant.
Mr. Steele explained that the site is at 174 South Road, on the easterly side near the intersection of South Road and Phoenix Ave and is 3.7+/- acres in size.
Mr. Steele submitted the receipt of notification to Hazardville Water Co.
Mr. Steele explained that the project is designed to address an existing safety issue. The grading of the parking lot is sloped to the west. The drainage swale runs north to south and is marked with wetlands flags. There is also an additional isolated wetland area on the plan.
Some work will take place within the regulated area.
He went on to explain that the site grading is swaled to drain along the sides of the building. The water jumps the curb and crosses into the parking lot, causing icing over in the winter. There are also numerous cracks in the parking lot, allowing subsurface water to come up through the cracks.
The applicant proposes to install a yard drain to pick up the surface water from the swale through an 8" pipe.
The second part of the project will be to install an under-drain from the front entrance to the building using perforated pipe wrapped in filter fabric.
There will be minimal disturbance to the wetlands with a total 290 square foot impact. The disturbance will be from the 2 outlets to be installed.
He added that alternatives have been explored including a criss-cross under-drain but the owner could not justify the expense.
The water from the parking lot sheet flows into a non curbed area.
A catch basin was considered for that spot with a sump but the grade is too low.
Additionally, one outlet was considered for less disturbance but the connection would introduce surface water into the subsurface pipe, adding to the total volume.
Agent Szewczak expressed concern over the proximity of the proposed drain and pipe to the wetlands and the possibility of draining the wetlands.
Mr. Steele stated that he tried to minimize the impact.
Mr. Gragnolati added that the isolated wetland is new and probably not as valuable as the older one but is treated equally under the law.
In response to Agent Szewczak's concern of the flow line being 4' below the wetlands, Mr. Gragnolati suggested that a concrete or clay plug be placed prior to the outfall to stop water from leaving the wetlands.
Mr. Steele noted that he would try to incorporate this or a similar plan as an improvement at the next meeting with the Agency.
Agent Storey asked if the roof leaders have been confirmed to be working properly.
Mr. Steele noted that it has not been confirmed and although there has been no observance of water bubbling up where it enters the ground, he will check on this.
He also stated that he would look into Agent Storey's suggestion of running a line along the pocket wetland 2' further away.
A motion was made by Agent Szewczak and seconded by Agent Storey to table IW #422 to the meeting of September 21, 2004. Vote was 7-0-0.
IW#423 of David Dipiero for conversion of an existing home into a daycare involving filling and paving within 100 feet of wetlands and watercourses. Property located at 18 Shaker Road; (Map 64 Lot 105); Zoned I-1; [Submitted August 13, 2004; Received September 7, 2004; PPE September 21; MAD November 11, 2004].
Mr. David DiPiero and Ms. Eileen Kelly represented the applicant.
Mr. DiPiero explained that the plan is to widen the existing driveway and add a parking lot and concrete dumpster pad. The pad will be enclosed and screened.
He also noted that the existing driveway will not be disturbed - only widened. Concrete walks, 5' wide will also be installed.
Mr. Angus noted that the application has been through ART.
The detention area needs stabilization. All of the runoff entering the detention basin will be outside of the upland review area and will discharge to the State system but eventually ends up in the wetlands.
The proposed additional paved area is currently lawn and disturbed areas will be re-seeded.
There are no wetlands on the actual site, therefore the phragmite stand in the adjacent wetlands cannot be remediated.
The State D.O.T. has reviewed the preliminary plan and stated that it will have no impact on Shaker Road.
Mr. DiPiero explained that the catch basins are unlikely to see any water.
Mr. Angus added that a plunge pool would normally dissipate velocities of outflows.
Mr. DiPiero added that the current driveway pitches toward the road.
Mr. Angus added that it is a very small area of additional pavement and there is a large area of lawn between the driveway and wetland.
Mr. DiPiero stated that the plans will be modified to show that the existing pavement is to remain.
In response to a question by Agent Storey, Mr. DiPiero added that the snow is to be stockpiled in the detention basin so as to keep it as far from the wetlands as possible.
A motion was made by Agent Storey and seconded by Agent Poirot to table IW#423 to the meeting of 9/21/04. Vote was 7-0-0.
IW#362.04 of Somerset Development - Request for modification of approved wetland mitigation plan and relocation of four units in the Autumn Fields Development. Property located west of Elm Street (Map 74 Lot 1); Zoned R-44; [Submitted August 20, 2004; Received September 7, 2004; PPE September 21; MAD November 11, 2004].
Dana Steele of J.R. Russo represented the applicant.
Mr. Steele briefly reviewed the project. This age-restricted housing development is currently under construction. Most work on the loop road has been completed.
The applicant has been working with the D.E.P. on issues of endangered species and mitigation measures.
Mr. Steele distributed copies of the letter dated 6/16/04 from D.E.P. to Somerset Development regarding cooperation between D.E.P. and Somerset Development.
Mr. Steele added that a utility conflict occurred when it was found that the Socony Pipeline easement, that runs north/south on the property was located in a different area in the field than was noted on the map, requiring re-location of 27 & 29 Quail Hollow.
Mr. Steele presented the site plans which also show potential dune beetle habitat.
He stated that unit #14 will be eliminated and units #10 & #12 would be re-located.
Mr. George Logan, soil scientist, presented a conclusionary letter and photos dated 9/7/04.
He explained that the only other place the beetles have been found in Connecticut is Keeney Park in Hartford.
The D.E.P. has requested that none of the 4 dunes on the property be disturbed in the hopes that the beetle population will expand. Dunes #1 and #4 hold the most potential.
He added that the IWWA original permit included removal of invasives and planting of appropriate plants in the dune area. This will not be allowed by the D.E.P.
The two units to be relocated will be within the 100' upland review area, one within 60' of the wetlands and the other, 45-50' from the wetlands, a slightly higher value wetlands. The area is already disturbed by sewers and Mr. Logan feels there will be no impact to the wetlands. Some large trees will remain within the overgrown sewer easement.
For unit #27, there are dense shrubs to act as buffer prior to the wetlands.
Minimal encroachment and grading will be required within the upland review area.
These modifications will allow for enhancement of the wetlands without expansion of the dunes.
Mr. Steele added that a split rail fence will be installed behind the remaining units that abut the dunes.
Mr. Steele noted that this current application included a copy of the originally approved plans.
Mr. Steele explained the alternatives that were explored.
The 1st proposal dealt with only dune #1 with no relocation of units and 15,000 square foot expansion of the dunes into the regulated area.
The D.E.P. agrees that the autumn olive should be removed, however, it is within the conservation easement so it is unknown if this will be possible.
There were also several variations of dune expansion considered as alternatives.
Agency members reviewed the plan dated 6/9/04 as mentioned in the letter from D.E.P.
Chairperson Pfeifer-Hall verified "expansion" as being removal of vegetation, not adding sand. Mr. Logan agreed, stating that the ground would be cleared of invasives, but left bare so that it is either dune or able to be expanded into dune.
Mr. Steele added that some of the areas originally designated to be planted once invasives are removed can still be planted.
Mr. Angus noted that the endangered species has nothing to do with the IWWA regulations, only the relocation of the units and the effect any habitat mitigation will have on the wetlands and the need to protect the vernal pools.
Mr. Angus suggested that the applicant provide an overlay for the next meeting.
He added that the applicant is attempting to compromise by keeping a buffer around the vernal pool and relocating the two units.
Chairperson Pfeifer-Hall asked that grading limits and lawn area be shown for the re-located units and also would like to know if there were any proposed units in those areas before and any ERT comments for those areas at the next meeting.
Mr. Harrilchek of Somerset Development stated that the units don't need much lawn area - only about 20' +/- and will try not to affect the wetlands in the relocation of the units.
A motion was made by Agent Storey and seconded by Agent Jedynak to table IW#362.04 to the meeting of September 21, 2004. Vote was 7-0-0.
IW#323 (Birch Hill Farms Subdivision) Request for clarification of drainage requirements for lot 51. Property located at 4 Bush Lane (Map 102 Lot 113); Zoned R-44; [Submitted August 26, 2004; Received September 7, 2004].
Sands Aeschliman of Aeschliman Land Surveying represented the owner.
Mr. Aeschliman was asking if the Agency considers the condition of all proposed grading to direct stormwater to the street, to be substantially met.
He explained that this is in regard to the rear lot on the west side of Bush Lane. Most all of the lot drains south to southwest. The house is now built and now approximately ¼ acre more is going toward the storm drainage.
Mr. Aeschliman stated that he visited the site on August 24, directly after heavy rains and saw no indication of erosion and presented photos to the Agency members for review. There is no evidence of siltation.
He stated that that the actual condition of approval would be difficult if not impossible to meet regarding grading because the grades are going in the opposite direction of the road. The general grade of the lot has not changed.
He also added that this lot is not one of the ones that had underground roof leader issues. The leaders for this lot are tied into the drainage system.
Mr. Angus noted that the plans state "all proposed grading to be re-directed to the drainage system" per the conditions of approval due to the abutting steep escarpment slopes. Those lots are completely re-graded but this one is not.
David Askew of NCRS noted on a field walk that there appears to be enough grass land and then forested slope prior to the escarpment slope that there should be no drainage concerns on the slope.
Mr. Angus noted that at the time this condition compliance issue was brought forward, there was a continual erosion problem but it now appears to be stabilized.
In response to a question by Agent Szewczak, Mr. Angus stated that there is no guarantee that the grass will continue to regenerate and remain stable, but it is stable currently. He added that once the driveway was graded and paved, a lot of the erosion problem disappeared.
The Agency would need to agree that the condition has substantially been met and that the applicant has done all they can.
Agent Poirot noted that he has no problem with it and sees no alternative other than a fancy pump system which would cause additional short term erosion.
Agent Storey made a motion, seconded by Agent Poirot that based on the letter dated August 26, 2004 and accompanying plan, the lot substantially meets the original conditions of approval. Vote was 7-0-0.
IW#384.03 of the Town of Enfield - Request for modification of approved pond restoration plan to include additional boardwalks, stabilization and landscape modifications. Property located adjacent to North Main Street (Map24 Lot 25-7). Zoned R-33; [Submitted August 26, 2004; Received September 7, 2004; PPE September 21; MAD November 11, 2004].
Jeff Lebeau and Rosalie Fateaux of Baystate Environmental represented the applicant.
Mr. Lebeau explained the applicants' request for an amendment of the existing permit. Phase I is nearing completion which included dredging and park land improvements.
Phase II included improvements along North Main Street and the brook channel but this phase was not constructed due to lack of funding.
The Applicant wants to add a 98.5 foot boardwalk extension over the top of the existing maintenance forebay.
The Army Corps of Engineers was contacted regarding this proposed boardwalk but stated that this does not fall within their purview.
The boardwalk will be on concrete piers above the normal water surface.
There are no changes to the D.E.P. permits required and Mr. Lebeau has a letter from the D.E.P. stating such.
Agency members reviewed a photo of a similar boardwalk located in Manchester.
Mr. Lebeau went on to say that while the pond was dewatered, piers were installed. Currently the gabion walls are close to 8' high and will be 6" below the normal water surface elevation. A fore bay maintenance plan has been submitted with this application.
Mr. Lebeau, in response to a question by Agent Poirot, stated that the application does not include an explanation of how the pond functions with the gabion. That would have been included in the original proposal made approximately 5 years ago.
He added that the boardwalk will act as a filter, unfortunately, for floating debris. It will be approximately 98.5' long and require maintenance. It only goes approximately 1/3 of the way across the pond.
Chairperson Pfeifer-Hall reminded members of the need for a decision as to whether or not a public hearing is necessary for this application.
Mr. Lebeau also stated that during construction, several changes in the field needed to be made. North shore improvements were never presented to the IWWA which included benches, trash barrels, boardwalk, overlook, pipe extensions, rip rap and landscaping. These are included in the current application and are found on sheet #5, 16, & 17 of the plans. Also, sheet #5 includes an emergent planting shelf as required by the Army Corps of Engineers and removal of invasives. Sheets #16 & #17 show the north shore improvements, the boardwalk, concrete steps and bituminous walk. Sheet #17 also has the landscape plan. He added that the north shore improvements were approved by the Planning & Zoning Commission.
Field change orders included:
" SK1 - Bigelow pipe filled; SK3 - flared end repairs on south shore;
" SK4 - Extend flared end on north shore under access road;
" SK5 - profile view of flared end extension;
" SK8 - change order recommended by Baystate Environmental.
Chairperson Pfeifer-Hall noted that all of the changes except the boardwalk have been completed.
Mr. Angus stated that the plans changed after the IWWA approval, before and during construction. These modifications are being brought to the IWWA's attention because they were not on the approved plans. The original approved plans were very general.
The D.E.P. feels there is no impact from the changes.
Agent Storey noted that since most of the items are basically complete and the DEP appears to be okay with the changes, there is no point of holding a public hearing. It was the consensus of the members that no public hearing is necessary.
Agent Storey requested that SK-1 be corrected to show that no rip rap was installed. A motion was made by Agent Storey and seconded by Agent Poirot to Table IW#384.03 until September 21, 2004. Vote was 7-0-0.
IW#424 of Charles Mastroberti for the construction of a new house and driveway involving excavation, filling and placement of structures in and within 100 feet of wetlands. Property located on the South side of Weymouth Road (Map 16 Lot 40). Zoned r-33; [Submitted August 30, 2004; Received September 7, 2004; PPE September 21; MAD November 11, 2004].
Kiran Majmudar of LP Consultants represented the applicant along with Charles Mastroberti and Michael Gragnolati.
Mr. Majmudar explained that the site is 31+/- acres with more than 2/3 of the site being wetlands. There are scattered uplands throughout the site.
The owner is proposing a modular home.
Because of the wetland impacts, mitigation is being proposed.
Mr. Majmudar presented revised plans and a letter from Mr. Gragnolati.
The house will be located 130' from Weymouth Road with approximately a 50' buffer. The applicant proposes to make plantings along the sewer line as mitigation. There will be a well on site. Roof drains will be buried and drain on uplands.
There will be wetlands crossings with three pipes. The land is flat. Approximately 30,000 square feet of wetlands will be disturbed.
Mr. Gragnolati stated that the entire site is currently wooded with numerous cart paths, one of which will be used as the proposed driveway.
There are numerous vernal pools on site; the front ones have been impacted by Weymouth Road improvements.
There are various plant types on the property with oak, red maple, high bush blueberry and cinnamon fern.
The site has a high water table.
Members reviewed the site plan.
The site will use the sanitary sewer and the closest point is on the west side of the site; a pump station will be needed. The applicant proposes to re-plant the area after disturbance for the sewer line. Plantings will be made in clumps of three.
The entire proposed building site is within the regulated area.
At this point (11:04 p.m.), a motion was made by Agent Storey and seconded by Agent Szewczak to continue the meeting past 11:00 PM to complete agenda items. Vote was 7-0-0.
Agent Storey noted the possible need for a public hearing for this application.
Mr. Majmudar stated that there is only one crossing. Filling will be in the upland area.
Mr. Angus noted two direct impacts to the wetlands. He had suggested that the applicant look at alternatives and asked for and received tonight, additional information on the wetlands.
He suggested that the applicant look at alternative crossing methods other than culverts due to the structure and function of the wetlands on-site.
A motion was made by Agent Szewczak and seconded by Agent Jedynak to table this application and since it is a potential significant impact activity, schedule a public hearing on September 21, 2004 at 7:00 p.m. in the Council Chambers. Vote was 7-0-0.
IW#425 of Margaret R. Pappas for a three lot subdivision (River Overlook) involving construction of a detention basin and grading related to the construction of the three single family homes within the 100 ft. regulated area. Property located on the west side of Riverview Street (Map 16 ). Zoned R-33; [Submitted September 2, 2004; Received September 7, 2004; PPE September 21; MAD November 11, 2004].
Mr. Tim Coon of J.R. Russo represented the applicant. He stated that Mrs. Pappas owns 30.78 acres at the end of Meetinghouse Lane. It is currently a mowed field with a tree belt along the river and northern edge. There is an intermittent stream that crosses the site to enter the pond located to the east of the property.
A plan for 27 lots was approved by the IWWA in 2002 but denied by the Planning & Zoning Commission.
The current proposal is to use 3.65 acres to create 3 lots off of a cul de sac. The remaining 27 acres would remain in agricultural use.
Public water and sewer would service the lots, with sewer pumps at each home.
A catch basin would be added at the corner of River View and along the cul de sac to drain to the detention pond.
The wetlands were flagged in 2001.
The detention basin and outlet structure were sized not to be higher than pre-development rates.
There will be approximately ¾ acre disturbance within the review area.
Plans will be adjusted to show the silt fence which will be limits of disturbance at the splash pad.
Agent Storey noted a significant public impact on the previous application.
Members held discussion regarding a possible public hearing. Mr. Angus noted that a public hearing must be because of the relationship to the impact on wetlands or a perceived public interest in wetland impacts.
After brief review of the drainage plan for the detention pond, a motion was made by Agent Poirot and seconded by Agent Storey to continue this application without a public hearing to the meeting of September 21, 2004. Vote was 7-0-0.
DPN 2004-09-03 of Margaret Pappas to fill in ruts on Northwest bank of pond. Property located at 1 Meetinghouse Lane (Map 19, Lot 279); Zoned R-33, [Submitted September 3, 2004; Received September 7, 2004].
Attorney Tom Arvantely represented the applicant. He explained that he recently met with Mr. Angus and the Assistant Town Attorney.
Mr. Angus had suggested that the owners meet with an engineer to determine how the erosion occurred and what the best stabilization method would be.
Mr. Arvantely added that the ruts are less than 100 square feet in size and have been leveled and seeded. The damage was apparently due to failure of the Head Start property.
Members reviewed recent photos as well as those taken in September, 2003 by Russo & Associates.
Mr. Arvantely felt that filling and seeding the ruts were an alternative measure. The ruts were approximately 6 to 8" deep. They are located on the land adjacent to the pond. It caused a hazard when mowing the lawn.
They were originally filled in with stone but that was removed as per Mr. Angus' request. The owners then filled in these areas with soil and then seeded them.
Mr. Coon explained that water came into the pond through the town owned easement during construction of Head Start.
Mrs. Margaret Pappas explained that the dam broke at Head Start in November, 2002. The detention pipe was supposed to only be temporary but was just recently removed. The detention pond was not stabilized and a large surge of water came down when the dam broke the first time and again when it broke in March, 2003.
The D.E.P. has reviewed it but being an area less than 5 acres, it is not within their jurisdiction.
Mr. Arvantely stated it is not the jurisdiction of the commission to determine fault.
Agency members asked how the erosion could be caused by Head Start when it is on the opposite side of the pond.
Mr. Angus noted that this application should not have been accepted as a DPN. It is a regulated activity and thus should require a full permit.
Soil and grass is better than stone but it is still a regulated activity. Since the application was received as a DPN, it is up to the Agency to determine if the activity warrants a full permit or not. The area is lawn up to the pond.
Mr. Arvantely invited members to come and see the property.
Mr. Angus stated that the Agency needs understand the cause of the erosion to make sure that the area is stable to ensure this new fill material will not just wash into the pond again.
Chairperson Pfeifer-Hall noted that it is unknown how stable the site is or if the grass has grown.
Mr. Gragnolati stated that he has not been to the property since failure of the Head Start dam.
Agent Storey noted that if proof of appropriate seed mix and/or photos were provided, he would be inclined to leave the application as a DPN.
A motion was made by Agent Storey and seconded by Agent Poirot to table DPN2004-09-03 until the meeting of September 21, 2004. Vote was 7-0-0.
8. Agent's Report
Most items have been covered in the agenda.
11. Other Business
Discussion/Possible Vote on 2005 Regular Meeting Dates
After review, a motion was made by Agent Storey and seconded by Agent Poirot to table further discussion until the meeting of September 21, 2004. Vote was 7-0-0.
o Next regular meeting will be Tuesday, September 21, 2004 at 7:00 PM in the Council Chambers.
12. Adjourn
A motion was made by Agent Storey and seconded by Agent Jedynak to adjourn the meeting at 12:02 a.m. Vote was 7-0-0.
Respectfully Submitted,
__________________________
Frank Poirot, Secretary
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