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Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A PUBLIC HEARING and REGULAR MEETING
TUESDAY, September 21, 2004
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, September 21, 2004 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairperson Gretchen Pfeifer-Hall called the meeting to order at 7:02 p.m.
MEMBERS PRESENT: Gretchen Pfeifer-Hall, Chairperson
Frank Poirot
Patrick Storey
Richard Szewczak
Louis V. Tallarita
Michael Mosschetti
MEMBERS ABSENT: David J. Wawer, Alternate
Joseph Jedynak
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 7:02 p.m.
2. Pledge Allegiance to the Flag
3. Roll Call:
Present were: Chairperson Gretchen Pfeifer-Hall and Agents Mosschetti, Poirot, Storey, Szewczak and Tallarita. Also present were Wetlands Agent Neil Angus and Recording Secretary Susan Berube.
4. Hearings:
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; MPHCD October 26, 2004].
Mr. Kiran Majmudar and Charles Mastroberti represented the applicant. Mr. Majmudar explained that this 31+ acre site is located on the south side of Weymouth Road and includes almost 30 acres of wetlands, along with some small chunks of uplands.
The house will be located approximately 200' south of Weymouth Road in an upland area and the project will include a wetland crossing and grading around the house. All work will take place within the 100' upland review area. There will be 185 square feet of wetland lost due to the wetland crossing for the driveway.
The applicant had considered two alternative plans as well. These included utilizing a larger upland area further south in the site but this would have caused more wetland loss because of a longer drive.
Also considered was a roadway to cross the wetlands. Mr. Majmudar continued, stating that the plan proposes 3 - 12" pipes under the driveway to equalize the water. The water is not flowing. The pipes would be stationary and would allow some wildlife crossing.
The current roadway drainage outfalls from Weymouth Road, south into the property. There are also 2 seasonal ponds that are located close to Weymouth Road. They are affected more by the Weymouth Road runoff than the vernal pools further into the site.
As mitigation, the applicant proposes plantings at the driveway and sewer crossings, as well as at the buffer area behind the house.
Mr. Gragnolati reported that the site has many isolated upland areas but the one to be built on is the largest in close proximity to Weymouth Road. The proposed driveway is an existing cart path, in use for many years and already has a curb cut.
The site has numerous vernal pools, including the two close to Weymouth Road. Several others would no longer be considered vernal due to the Weymouth Road construction. The property to the east is a cleared field.
Mr. Angus reported that he had not received the revised plans before tonight's meeting, but with a brief review noted that one wetlands crossing has been removed along with rip rap which is not needed due to low flows.
The revised plans also reflect additional buffer plantings at the crossing and rear of home.
Mr. Angus distributed comments from the Town's Engineer, which had been made on the previous plans. Some technical issues had been raised, including issues with footing drains that do not appear to be addressed on the revised plans. The Town's engineer will need to review and comment on the revised plans as well.
Agent Szewczak noted that the small diameter of the pipes might allow debris to fill them faster, causing loss of connectivity of the two sides and actually create a dam.
He stated that he would prefer to see a small culvert installed instead. He also noted that the gradient is higher on the east side than the west.
Mr. Gragnolati stated that it is not an area that gets flow; it is not an intermittent stream. The roadway is an old cart path and it qualifies as a wetland only by soil type. The entire area is a regional high water table. The only time of flow would be during frozen conditions. The soil is sandy and he is certain that the applicant will make sure that the flow will not be over his driveway as it is his main entrance to the property.
Mr. Majmudar explained that the smaller pipes were chosen to provide less impact. The water is not flowing so there should be no carrying of debris or sediment.
In response to Agent Szewczak's continued concerns over damming of the pipes, Mr. Majmudar suggested that a 4' arch culvert be installed.
Agent Szewczak responded that the culvert does not have to be huge. It could be as small as 2' with the lower 6" to 8" under grade.
Mr. Majmudar agreed to review the plans again to see if a culvert could be fit in.
In response to a question by Agent Storey, Mr. Gragnolati stated that the ponds to the south of the house are wet year-round and have a depth of 1' to 2'.
In response to another question by Agent Storey, Mr. Mastroberti responded that he has no plans to develop or sell any portion of the site. He had not considered a conservation easement.
Agent Storey noted that such a restriction might have favorable tax implications.
Agent Poirot asked if fill would be brought in for the house site.
Mr. Majmudar stated that some fill would be needed but that which is excavated will also be utilized.
Mr. Gragnolati answered another question by Agent Poirot by stating that the seasonal high water table level is 17" below grade.
In response to Agent Poirot's concerns that the applicant may want a garage or other feature in the future, Mr. Majmudar stated that a garage is attached to the proposed home and the owner will consider his future needs of a patio or deck for the meeting of October 5, 2004.
In response to a question by Agent Szewczak, Mr. Majmudar responded that the sewer pipe will need to be buried 4' for frost protection. A Ditch Witch does not go that deep; a small excavator can be used for the 18" to 2' width needed.
Mr. Mastroberti added that he would ask the neighbor how his trench was dug.
Chairperson Pfeifer-Hall asked how the filter bags work and Mr. Majmudar explained that during the dewatering process, the water goes through the bag to filter out dirt and when full, is replaced. It is used during construction, only.
Agency members observed that the yard will be small and asked if the pool that is only 80' away is vernal.
Mr. Gragonolati responded that it is not.
Chairperson Pfeifer-Hall noted that the D.E.P. recommends that a distance of 50' to 100' from a vernal pool is recommended.
The Agency members were also concerned over the possibility that the owner may at some point wish to expand the lawn area or dump yard waste into the wetlands.
Mr. Mastroberti responded that he was satisfied with the proposed size of the lawn and preferred a passive recreation area surrounding him.
Chairperson Pfeifer-Hall stressed the limitations of a small lawn area and noted that there has been enforcement action in small subdivisions because the owners did not understand the limitations.
Mr. Mastroberti stated that he is aware of the limitations and will consider porch and/or deck areas for the Agency's next meeting.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against the application.
Mr. Angus noted that the revised plans will need review by Staff and the Town's engineer. A motion was made by Agent Storey and seconded by Agent Tallarita to continue IW#424 until the meeting of October 5, 2004 at 7:00 p.m. Vote was 6-0-0.
A motion was made by Agent Storey and seconded by Agent Szewczak to close the public hearing portion of the meeting at 7:40 p.m. Vote was 6-0-0.
REGULAR MEETING
1. Call to Order:
The regular meeting was called to order by Chairperson Pfeifer-Hall at 7:41 p.m.
2. Roll Call:
Present were: Chairperson Gretchen Pfeifer-Hall and Agents Mosschetti, Poirot, Storey, Szewczak and Tallarita. Also present were Wetlands Agent Neil Angus and Recording Secretary Susan Berube.
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:
" Legal notice for public hearing #424 published in the Journal Inquirer 9/11 & 9/15/04;
" letter from Mr. Angus dated 9/7/04 to Rita Wood regarding removal of fencing at 44 South River Street;
" email to Mr. Angus regarding upcoming "Wetlands Demystified" workshop on 9/22/04;
" Letter dated 9/10/04 from Jeffrey Bord, Town Engineer to Rep. Kathy Tallarita regarding State Project No. 48-186 (Post Office/Town Farm Roads);
" Authorized Agent permit dated 9/10/04 to Anthony DiPace for a greenhouse at 230 North Maple Street;
" notice from D.E.P. regarding Aquifer Protection Area Workshop, one of which will be held on 9/27/04 at the West Hartford Town Hall;
" notice of 2004 IWWA Training Program;
" letter dated 9/21/04 from Mr. Angus to Steve Tessitore of D.E.P. regarding IWWA Regulation Amendments, effective 9/26/04;
" Authorized Agent permit, dated 9/17/04 to Daniel Clark for a shed at 30 Silver Lane;
" Authorized Agent permit, dated 9/17/04 to Paul Oliver for a shed at 61 Post Road;
" Authorized Agent permit, dated 9/17/04 to Omer Bourgault for a garage at 315 George Washington Road;
" Authorized Agent permit dated 9/20/04 to Steve O'Neill for Massachusetts Mutual Life Insurance for a dumpster pad, pump station and grease trap at 100 Bright Meadow Blvd.;
" Authorized Agent permit dated 9/20/04 to Frank Vono for construction of a garage at 6 Rebecca Drive;
" latest issue of The Habitat;
" notice of CCIWC annual meeting.
6. Commissioner's Correspondence:
Chairperson Pfeifer-Hall noted that the Connecticut River Cleanup, Source to Sea event will take place in Enfield on Saturday, October 2, 2004 at 9:00 a.m. at the South River Street boat launch.
7. Approval of Minutes -- September 7, 2004 Meeting:
A motion was made by Agent Poirot and seconded by Agent Storey to approve the minutes of September 7, 2004 with the following corrections: page 8, under IW#421, condition 12, add: "minimum 2 ½" caliper"; page 11, 5th paragraph, first word, add: "H" before "e"; page 8, 14th paragraph, after "in the" add: "adjacent"; page 12, 12th paragraph, remove "u" from "Socouny"; page 12, 16th paragraph, remove "Manchester" and replace with "Hartford". Approval also subject to possible correction on page 2, 6th paragraph. It could not be determined whether it was a 6 foot or a 6 inch drop in elevation. Mr. Angus will confer with the Town's engineer. Vote was 6-0-0.
8. Wetlands Agent Report - September 7, 2004 through September 15, 2004:
Mr. Angus noted that most items were included in this evening's agenda. He noted that he followed up on the Stillmeadow Subdivision and will continue to do so.
Chairperson Pfeifer-Hall noted that there is still an erosion problem at Shaker Heights on Taylor Road.
Mr. Angus agreed and will continue to follow up. This is a jurisdictional issue because sediment has traveled off the site and into the wetlands.
9. Old 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 briefly reviewed the site plan, stating that the property is located to the East of Phoenix Avenue and South Road.
This application is to address a safety concern and the applicant would like to complete the work before winter.
The applicant proposes to install under drains near the entrance of the building to take care of groundwater bleeding through the pavement.
Mr. Steele had investigated the possibility of moving the pipe further from the wetlands but could not criss-cross them with the roof drain leaders.
A clay stop will be installed in the trench and all the way up, just short of the grassed area to reduce the potential of dewatering the wetlands.
The plan presented is the most cost effective and will keep more drainage out of the parking lot. He added that the applicant would appreciate consideration of approval as soon as possible because of the approaching winter season.
In response to a suggestion posed by Agent Storey at the previous meeting, Mr. Steele noted that he had checked the roof drain leaders and that they ran clear when a garden hose was used in them.
Agent Szewczak asked if it was prudent to have 2 clay stops as opposed to one, locating the second one down gradient from the first but up-gradient of the steep slope so that they would work in tandem.
Mr. Steele responded that he didn't feel it necessary but it would not be a large expense and the applicant would be willing to agree to this.
Agent Poirot asked if there were any outstanding issues with the Town's engineer or other staff.
Mr. Angus stated that the Town's engineer provided a memo which stated no engineering concerns regarding the pipes.
The conditions of approval were reviewed and it was noted that conservation seed mix will be used instead of rip rap.
A motion was made by Agent Szewczak and seconded by Agent Storey to approve IW#422 with the 10 standard conditions in addition to the following:
11. An additional clay stop is to be added to the drainage pipe prior to the slope into the drainage ditch;
12. Disturbed wetland areas beyond the rip rap pads are to be re-seeded with a conservation/wildlife seed mix;
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 "Site Plan/Compilation Plan First Pioneer Farm Credit 174 South Road, Enfield, CT."; sheet 1-2, dated 7/13/04, revised 9/13/04; prepared by JR Russo and Associates, 1 Shoham Road, East Windsor, CT 06088. 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 6-0-0. Reason for approval was that The applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
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].
David DiPiero represented the applicant. He noted revisions made to the plans since the previous meeting. The revised plans are dated 9/14/04.
The project is for widening the existing driveway, adding a parking lot and dumpster pad and screening for the dumpster and house.
The disturbed lawn areas will be reseeded.
At the request of Staff at the ART meeting, the silt fence was tightened and the drain pipe from the catch basin was changed to 8", not the proposed 4" and was straightened as well.
Mr. Angus reviewed the proposed conditions of approval, including the planting of Red Maple trees along the property line.
Because of an engineering concern of the control of the outflow volumes, an additional condition should be added that the applicant's engineer should review and meet the Town engineer's requirements.
Mr. Angus also mentioned that the Town's engineer had no concerns regarding the snow stockpiling in the detention basin as there is an adequate shelf at the top for stockpiling of snow.
A motion was made by Agent Szewczak and seconded by Agent Poirot to approve IW #423 with the 10 standard conditions as well as the following:
11. 5 red maples (Acer Rubrum) are to be planted along the easterly property line at a 35' spacing to aid in wetland buffer re-establishment;
12. The detention basin is to be seeded with a conservation/wildlife seed mix. Grasses within the basin should not be cut more than once a year and not below 1 foot in height to maintain an adequate cover.;
13. Limits of disturbance must be maintained. Any excess excavated material is not to be placed within 100 feet of wetlands;
14. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plans entitled "Improvement Location Plan Prepared For 18 Shaker Road, Enfield, CT."; sheets 1 through 3, dated 7/28/04, revised through 9/3/04; prepared by William Palmberg & Son, LLC, 178 North Maple Street, Enfield, CT 06082. 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).
15. Engineering comments in the e-mail dated September 21, 2004 from John Cabibbo must be addressed prior to commencement of construction.
Vote was 6-0-0. Reason for approval was that the project, with mitigation, will not adversely affect wetlands and watercourses.
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 and Associates and George Logan, soil scientist, of REMA Ecological Services represented the owner.
Mr. Steele noted that the application addresses 2 issues.
One is the species concern of the D.E.P. and the second is the easement location of the Socony pipeline was found to be different in the field than what was noted on the plans.
Revised plans were presented by Mr. Steele. They clearly showed the proposed changes. Unit 2A is now reduced in size and Unit 29 has a slight encroachment to the north. The plans also show vernal pools, the wetlands, the 100' regulated area and the habitat area.
Mr. Steele then overlapped previously approved plans onto the new plans to show the difference in the plantings around the vernal pool area and changes to the buildings.
He noted that some of the sandy areas that were to be topped with topsoil and plantings, will no longer be touched because of it's status as habitat for the Ghost Dune Tiger Beetle.
For mitigation, some of the previously approved areas that were to be disturbed will no longer be disturbed.
While the D.E.P. had originally requested expansion of the dune to come closer to the vernal pool, the newly proposed expanded area is outside of the regulated area.
The applicant will also install fencing to protect the dune and vernal pool areas.
There will be a total reduction of 10,413 square feet of landscaping area around the vernal pool however there will be less development near the vernal pool.
Mr. Logan noted that although 4 willows and pin oaks had been eliminated from the dune habitat, they could likely be moved elsewhere, in areas that do not currently have shrubs and trees. He feels there will be a net benefit to the vernal pool.
He added that encroachment of the wetlands for the relocation of the one unit will not harm the wetlands. He feels that is not a very sensitive wetland and it had pervious disturbance from the sewer easement.
He also added that the residents of this type of development tend not to be interested in expanding lawns, etc…. and he feels that the intent of the original permit is not violated.
In response to a question by Agent Szewczak, Mr. Steele reviewed the landscape plan and tree and shrub heights.
Agent Szewczak noted that the proposed plantings will provide fairly dense cover for the pool.
Mr. Logan stated that no vegetation will be removed, except for invasive species.
In response to a question by Chairperson Pfeifer-Hall, Mr. Steele stated that no units were originally placed where Unit 2A is going is that it was thought that there was a pipeline easement in that area, but it was field verified to be elsewhere. Also, 2 originally proposed units would have encroached on the 100' buffer. He stated that he realizes that this is a compromise.
During further discussion on the dunes, Mr. Logan stated that the D.E.P. is aware of these revised plans and it was their intent that dune #1 be undisturbed completely. The current plans are based on aerial surveys and the sand areas are not necessarily dune areas. There are areas north of Dune #1 that have topsoil and vegetation.
Mr. Logan added that a conservation management plan will need to be approved by the D.E.P. and it will include monitoring, maintenance and protection as well as a conservation easement over the area. Foot traffic will be eliminated. The dune could expand but with the tree cover, it is unlikely to go far.
Mr. Harrilchek of Somerset Development stated that the conservation easement will be incorporated into the homeowner association's documents in favor of the association. The area will be fenced and signed.
Mr. Logan added that the area will be monitored by the D.E.P. for several seasons, at least.
Mr. Angus reviewed the proposed conditions of approval including that a canopy of trees be added to completely surround the vernal pool.
Mr. Harrilchek stated that the invasive species will be removed before new trees are planted.
Mr. Logan added that autumn is the best time for removal.
Mr. Angus also stated that the Town Engineer's concerns will be addressed in a new proposed condition of approval, number 44.
A motion was made by Agent Storey and seconded by Agent Poirot to approve IW #362.04 with the original 41 conditions in addition to the following:
42. Black Willow and Pin Oak that were eliminated shall be relocated around the dune to provide additional buffer and habitat surrounding the vernal pool;
43. Site Plan entitled "Proposed Mitigation Plan, Autumn Fields Senior Residential Development, Elm Street, Enfield, CT Prepared For Somerset Development, 535 Halladay Ave., Suffield, CT 06078"; sheet 1 of 1, dated 1/30/04, revised through 9/13/04; prepared by JR Russo and Associates, 1 Shoham Road, East Windsor, CT 06088, is to replace the 5/23/01 proposed mitigation plan in the original approval (sheet 7 of 11). Any changes 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).
44. Engineering comments in the e-mail dated September 21, 2004 from John Cabibbo must be addressed prior to commencement of construction.
Vote was 6-0-0. Reason for approval was that the project, with mitigation, will not adversely affect wetlands and watercourses.
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].
Ms. Rosalie Fateaux of Baystate Environmental represented the applicant. She provided revised document SK1 which was updated to reflect that compacted gravel would be used instead of rip rap.
After brief review of the proposed conditions of approval, a motion was made by Agent Szewczak and seconded by Agent Tallarita to approve IW #384.03 with the original 16 conditions and the following:
17. An additional note shall be added to the maintenance plan to address periodic removal of trapped debris from the uprights, to the satisfaction of the Wetlands Agent;
18. The following drawings by Baystate Environmental Consultants, Inc., are to be added to the original approved plans:
a. SK-1 - Intake Structure Details, dated August 2003, revised 9/8/04;
b. SK3 - F.E.S. Repair Detail, dated October 2003;
c. SK4 - Stormdrain Extension Plan, dated October 16, 2003;
d. SK-5 - Stormdrain Extension Profile, dated October 16, 2003;
e. SK-8 - Additional Rip-Rap Sketch, dated November 19, 2003;
f. Restoration Plan, Freshwater Pond Restoration Project, Enfield, CT; prepared by Baystate Environmental Consultants, Inc., 296 North Main Street, East Longmeadow, MA 01028 Sheet 5 of 22, dated February 2003;
g. North Shore Improvement Plan, Freshwater Pond Restoration Project, Enfield, CT; prepared by Baystate Environmental Consultants, Inc., 296 North Main Street, East Longmeadow, MA 01028 Sheet 16 of 22, dated February 2003;
h. North Shore Landscape Plan, Freshwater Pond Restoration Project, Enfield, CT; prepared by Baystate Environmental Consultants, Inc., 296 North Main Street, East Longmeadow, MA 01028 Sheet 17 of 22, dated February 2003;
19. With the exception of the additional items stated in these conditions, this modification is approved in accordance with Site Plans entitled "Freshwater Pond Boardwalk Plan, Freshwater Pond, Enfield, CT"; figures 1 through 7, dated 5/12/04 through 5/20/04; prepared by Baystate Environmental Consultants, Inc., 296 North Main Street, East Longmeadow, MA 01028. 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 6-0-0. Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
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; MPHCD October 26, 2004].
A motion was made by Agent Tallarita and seconded by Agent Storey to table further discussion on this item until the meeting of October 5, 2004. Vote was 6-0-0.
IW#425 of Margaret Pappas for a three lot subdivision (River Overlook) involving construction, drainage improvements and grading within 100 ft. of wetlands. Property located on the west side of Riverview Street (Map 19 Lot 10). 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 and Soil Scientist Mike Gragnolati represented the applicant.
Mr. Coon briefly reviewed the site plan. He stated that the property is located west of Riverview Street and the applicant is proposing 3 lots totaling 3.56 acres be developed.
This site was approved for a 25 lot subdivision by the IWWA in 2002.
Mr. Coon stated that he participated in an ART meeting since the last IWWA meeting. This resulted in a revision of the plans. A strip of land along Riverview Street will be transferred to an abutting owner and the entire roadway into the new road will be milled and resurfaced.
The Town's engineer expressed concerns over access to the basin and in response, a row of arborvitae trees have been added to the plans.
There will also be a notation on the deeds that the adjacent property is agricultural land and that the lots either have wetlands or abut wetlands.
A conservation seed mix for the basin has also been added.
Mr. Coon suggested that a buffer of staggered white pines be used to re-establish the buffer.
Mr. Angus had requested alternatives but Mr. Coon is unsure what the purpose of the buffer is. He was under the impression that it was to keep residents out of the wetlands.
Chairperson Pfeifer-Hall agreed that white pines were not appropriate as they grow too large and are messy.
Mr. Coon stated that if the arborvitae and white pines are maintained, they will not grow too large.
The Town's engineer had felt that the arborvitae would be easier to maintain than a fence.
Mr. Angus noted that the trees serve no value for the basin which is designed to be a dry-bottom. He suggested a mix of lower and upper story trees instead of the white pines to create the buffer near wetlands.
Chairperson Pfeifer-Hall was not sure that having a barrier to the pond was a good idea. It might be better, from a safety standpoint, to have a clear view to see what is going on in the basin.
Mr. Coon agreed that there is no need for the barrier. The slope is 3:1 and the basin will be approximately 10' deep.
Mr. Gragnolati asked what the desired depth of the buffer should be and that it should be kept in mind that shrub/scrubs eventually turn into trees.
Mr. Angus added that it would eventually re-generate by itself except that the area has been stripped of its' natural vegetation.
Chairperson Pfeifer-Hall noted that the area is currently a grassland/wet meadow and should be kept more in keeping with that type of habitat instead of tall trees.
Mr. Angus suggested a buffer depth of 25' and that the plantings be in keeping with grassland or wet meadow.
Mr. Gragnolati agreed to come up with a list of plants/shrubs that are appropriate, as part of a condition of approval.
Agent Szewczak noted that lot 3 had fill of 4' in depth into the regulated area and asked if it would be possible to limit the backyard area.
Mr. Coon feels the fill is necessary so that steps to the backyard are not necessary. These are conceptual plans only and any extensions would require returning to the Agency. The house is being built up higher than the road so water from the street won't run into it.
Agent Szewczak noted that the back lawn would have 30' before entering the regulated area.
Mr. Coon repeated that the plans are speculative and Agent Szewczak noted that if that is the case, less back yard could be shown. Planting plans will be based on individual plot plans. If the new owners wish expansion, they would have to come before the IWWA.
Agent Szewczak expressed his concerns over future fertilizer use, pool installations, etc….He asked that the lawn be as far from the regulated area as possible.
In response to a question by Chairperson Pfeifer-Hall, Mr. Angus stated that the barrier for the detention basin is a suggestion by the Engineering Department, as a safety concern.
An easement would be granted to the Town and the owners would not be able to remove whatever is planted there.
He also noted that unless the Agency requests a notation be put on the plans, the entire area to the 25' buffer could be mowed.
He asked how the Agency would want to enforce this. A notation could be put on the deeds or the developer could offer a conservation easement. He referred to the Abbe and Post Road developments where there is a "no mow" or non disturbance area and a conservation easement respectively. Conservation easements are more easily enforced and are on the plans and deeds and are posted on-site.
Mr. Coon stated that at 25' conservation easement on the back of lots 1 & 3 along the brook would be acceptable to the owners of the site.
Agency members discussed the proposed conditions of approval. It was the consensus that the conservation easement would be incorporated into condition #11.
Mr. Angus stated that all engineering comments regarding the wetlands have been addressed.
A motion was made by Agent Storey and seconded by Agent Mosschetti to approve IW #425 with the 10 standard conditions in addition to the following:
11. A 25' wetland buffer planting plan must be prepared and submitted that addresses the re-establishment of the grassland/meadow upland area between the lots, detention basin and wetland areas to the satisfaction of the Agent or Agency. This plan must be prepared in consultation with the appropriate environmental professional. Once the plan is approved and the plantings are installed, a conservation easement shall be placed on the portions of lots 1 and 3 that are adjacent to/contain wetlands, as agreed to by the property owners. Easement markers, to be supplied by the Town, must be installed to identify the easement boundaries in the field. The markers must be in place prior to the Wetlands Agent signing off on any Certificate of Compliance;
12. Prior to the issuance of any building permits, a note shall be placed on the plans and each individual deed notifying property owners of wetlands and regulated areas. The note shall read "Portions of this lot contain and/or abut wetlands. Any proposed activity (land clearing, excavation, filling, regrading and/or placement of structures) in or within 100 feet will require authorization from the Enfield Inland Wetlands and Watercourses Agency prior to commencement. Failure to obtain the necessary approvals may result in enforcement action in accordance with Section 13 of the Enfield Inland wetlands and Watercourses Regulations";
13. Limits of disturbance are to be clearly marked in the field in accordance with the approved plan. Construction fencing shall be used to identify the limits of disturbance adjacent to regulated areas. The Wetlands Agent is required to inspect the installation of all erosion and sediment controls and construction fencing prior to the issuance of any building permits;
14. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plans entitled "Site Plan/Compilation Plan First Pioneer Farm Credit 174 South Road, Enfield, CT."; sheet 1-2, dated 7/13/04, revised 9/13/04; prepared by JR Russo and Associates, 1 Shoham Road, East Windsor, CT 06088. 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 6-0-0. Reason for approval was that the project, with mitigation, will not adversely affect wetlands and watercourses.
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 Arventely represented the applicant. He briefly reviewed the application.
He stated that the site is located north of 1 Meetinghouse Lane near the 2 acre pond. The ruts that were filled are on the west side of the pond.
Mr. Gragnolati submitted his report. It was his opinion that the ruts were adequately and permanently repaired. He provided photos as well. He stated that erosion likely came from the east. The seed mix used was 29.86 Kentucky Bluegrass and perennial rye grass, consistent with what is at the site. It is mostly a mowed area and the repaired area looks like it is becoming permanently stabilized.
Mr. Arventely stated that the total affected area is less than 100 square feet.
In response to questions as to how the erosion had originally occurred, Mr. Gragnolati stated that he had been on the property before and never noticed previous erosion. He feels it was due to a "catastrophic event" of the earthen berm blowing out from the Headstart property, although he cannot say for certain.
At the time of the "blowout", the pond was frozen and restricted flow so that the pond overflowed. He really isn't sure.
Agent Storey stated that the reason is, at this point, irrelevant and asked why a permit was not sought for at the time the gravel was removed.
Mr. Angus stated that the owners were instructed to either remove the gravel or apply for a permit in order to make sure the material used was appropriate and the site stabilized.
Agent Storey asked if this type of event and need for stabilization could be considered an emergency.
Mr. Angus stated that yes, under normal circumstances. However, it could not be declared an emergency without knowing when it occurred and how.
Mr. Arventely noted that the erosion happened twice, once in November, 2002 and once in March, 2003.
Chairperson Pfeifer-Hall stated that the point that the Agency is trying to make is to be sure that the erosion is properly fixed and that it doesn't happen again.
Mr. Angus stated that he had toured the site and noted exposed PVC pipe and one of the erosion rills had followed the pipe and stated that the erosion could possibly have occurred from under drains coming from the Pappas's property.
Chairperson Pfeifer-Hall noted that the area has been stabilized but there is still un-germinated seed and asked if it would be helpful if the area was not mowed right up to the pond.
Mr. Gragnolati responded that the species planted need to be mowed or thinned out and it is consistent with what is around it. He added that the light fixtures around the pond are solar. There are no electric wires. They are there only to point out the damaged area.
A motion was made by Agent Szewczak and seconded by Agent Poirot that no permit is needed as the work is completed and the area appears to be stabilized.
Agent Storey added that he would have thought that with past experiences, the applicant would have known that a permit for this type of work is necessary.
Vote was 6-0-0.
10. New Business
IW#368.04 of Olde Post Road Acres, LLC - Request for Modification to enlarge and relocated sidewalks in and within 100 feet of wetlands. Property located along 61-67 Post Road (Map 54 Lots 311, 310, 309, 308, 307, 306, 312 ) Zoned R-44, [Submitted September 14, 2004; Received September 21, 2004; PPE October 5, 2004; MAD November 25, 2004].
Mr. Dave Frederick represented the applicant. He explained that a sidewalk is proposed heading east/west for 1,500' on Post Road. The IWWA approved 4' wide sidewalks in March, 2002.
In April, 2004, it was the request of town Staff that the mature trees be preserved. The developer offered to move the sidewalks further south, within the 20' right of way.
Somehow the IWWA approved changes during the time when the Town did not have a wetlands agent.
At a meeting at the site in July, 2004, it was noted that there were differences in the plans approved by IWWA and Planning & Zoning.
Mr. Angus noted that the sidewalk rules changed between the time of approval by IWWA and Planning & Zoning.
The issue is at lots #4 & #5 where the sidewalks encroach an additional 10' beyond the previously approved area resulting in a loss of 375 square feet of wetlands. This would require an extension of drainage pipe as well.
Agency members discussed the importance of mature trees. Mr. Angus stated that the Wetland Scientist for the development showed the wetlands to be transitional with the center portion being the most valuable.
Mr. Angus is unsure of the amount of cubic yards of fill to be brought in. Erosion and sediment control measures will be erected during construction.
Agent Szewczak requested the grading plan and noted that he will try to drive by the site.
A motion was made by Agent Storey and seconded by Agent Mosschetti to table IW# 368.04 until the meeting of October 5, 2004. Vote was 6-0-0.
#426 of John Zdebski for the construction of a new home within 100 feet of a watercourse. Property located on Cottage Road (Map 80 Lot 53); Zoned [Submitted September 15, 2004; Received September 21, 2004; PPE October 5, 2004; MAD November 25, 2004].
Chairperson Pfeifer-Hall excused herself from discussion on this application due to a potential conflict of interest.
Agent Szewczak acted as Chair for this application. Mr. John Zdebski represented the applicant.
He explained his desire to construct a single family dwelling on this site. Most of it is in the flood plain.
Mr. Angus added that the entire building is within the 100' regulated area of both Shaker Pines Lake and Jawbuck Brook. It will be constructed completely on piers to reduce the ground disturbance. The Agency will need to decide if a public hearing is warranted.
Mr. Zdebski referred to books by FEMA regarding installation of utilities to protect them from floods. Mr. Angus added that the sewer pipes will be exposed and will need frost protection.
Agent Szewczak asked that a conceptual idea of the pipe protection be available at the Agency's next meeting.
Mr. Zdebski stated that he would work with the engineer regarding the concepts but not necessarily the location.
Agent Storey noted that the piers would require 3'x3' footings, creating some disturbance.
Mr. Angus responded that is was considerably less than a full basement would cause.
Mr. Zdebski stated that the house will be built on piers because the lot is not large enough to provide flood plain compensation. He added that the house is engineered so that center posts are not necessary.
A motion was made by Agent Poirot and seconded by Agent Storey to table further discussion until the meeting of October 5, 2004. Vote was 5-0-0.
A motion was made by Agent Storey and seconded by Agent Szewczak to hold a brief recess at 10:37 p.m. Vote was 5-0-0.
The meeting was called to order by Chairperson Pfeifer-Hall at 10:40 p.m.
Present were: Chairperson Gretchen Pfeifer-Hall and Agents Mosschetti, Poirot, Storey, Szewczak and Tallarita. Also present were Wetlands Agent Neil Angus and Recording Secretary Susan Berube.
11. Other Business
2005 Meeting dates:
The Planning & Zoning Commission changed their September, 2005 meetings to coincide with the IWWA meetings. In exchange, The IWWA will change their December, 2005 meeting dates to coincide with Planning & Zoning meetings.
Also, the November 1, 2005 meeting will be changed to November 2, 2005 due to election day.
After review and discussion, a motion was made by Agent Storey and seconded by Agent Poirot to approve the amended meeting date list for 2005. Vote was 6-0-0.
ORGANIZATIONAL MEETING
1. Review of By-laws:
After brief review of the bylaws, it was the consensus of the Agency members that no changes were necessary.
2. Nomination of Officers
3. Election of Officers:
Gretchen Pfeifer-Hall was nominated by Agent Szewczak to be re-elected as Chairperson for a 2 year term. Vote was 6-0-0.
Richard Szewczak was nominated by Agent Poirot to be re-elected as Vice Chairman for a 2-year term. Vote was 6-0-0.
Frank Poirot was nominated by Agent Szewczak to be re-elected as Secretary for a 2 year term. Vote was 6-0-0.
o Next regular meeting will be Tuesday, October 5, 2004 at 7:00 PM in the Council Chambers.
12. Adjourn:
A motion was made by Agent Poirot and seconded by Agent Mosschetti to adjourn the meeting at 10:54 p.m. Vote was 6-0-0.
Respectfully Submitted,
_______________________
Frank Poirot,
Secretary
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