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Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, October 5, 2004
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, October 5, 2004 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice chairman Richard Szewczak called the meeting to order at 7:08 p.m.
MEMBERS PRESENT: Richard Szewczak, Vice Chairman
Joseph Jedynak
Frank Poirot
Louis V. Tallarita
MEMBERS ABSENT: Gretchen Pfeifer-Hall, Chairperson
David J. Wawer, Alternate
Patrick Storey
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 Vice Chairman Richard Szewczak at 7:08 p.m.
2. Pledge Allegiance to the Flag
3. Roll Call:
Present were: Vice Chairman Richard Szewczak and Agents Poirot, Jedynak and Tallarita. Also present were Wetlands Agent Neil Angus and Recording Secretary Susan Berube.
4. Hearings:
Continuation of 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].
Because the applicant had not yet arrived, a motion was made by Agent Tallarita and seconded by Agent Jedynak to continue the public hearing until later in the meeting.
No one was present in the audience to speak for, against, or neutrally on the application. Vote was 4-0-0. The public hearing was closed at 7:11 p.m.
A motion was made by Agent Jedynak and seconded by Agent Tallarita to close the public hearing portion of the meeting at 7:11 p.m. to be re-opened later in the evening. Vote was 4-0-0.
REGULAR MEETING
1. Call to Order:
The meeting was called to order by Vice Chairman Richard Szewczak at 7:12 p.m.
2. Roll Call:
Present were: Vice Chairman Richard Szewczak and Agents Poirot, Jedynak 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:
" a letter dated 9/22/2004 from Mr. Angus to Lori Longhi regarding new house construction building permit at 67 Kalish Ave. The letter noted that all grading must direct drainage towards the road, not to the rear of the property;
" letter from Mr. Angus to Mark & Joan Duggan dated 9/22/2004 regarding building permit for a 26'x32' garage and 10'x15' porch at 9 Dorothy Street. It was noted that the slope areas in the rear & side of the property are classed as escarpment soils and owners were reminded not to dispose of yard waste in that area;
" Freshwater Pond Sediment Forebay Operation and Maintenance Plan, conforming to the original conditions of approval for Freshwater Pond project;
" warning letter dated 9/30/2004 from Mr. Angus to John Daddario regarding failure to comply with approved Erosion & Sediment Control Plan at 4 Rebecca Lane;
" letter dated October 5, 2004 from Mr. Angus to Dr. Steven Damon regarding lawn refuse in wetlands along rear of building at 64 Palomba Drive. Mr. Angus noted that the area had been cleaned up very well and without use of heavy equipment.
6. Commissioner's Correspondence:
Mr. Angus reminded members of the upcoming CACIWC annual meeting. Members wishing to attend should let Mr. Angus know as soon as possible.
7. Approval of Minutes -- September 21, 2004 Meeting:
A motion was made by Agent Poirot and seconded by Agent Tallarita to approve the minutes of the meeting of September 21, 2004 with the following amendments: 3rd page, 13th paragraph, end of sentence, add "below grade"; 14th page, 13th paragraph, after "4'" add: "in depth into", remove "of". Vote was 3-0-1 (Jedynak).
A motion was made by Agent Tallarita and seconded by Agent Poirot to re-open the Public Hearing portion of the meeting at 7:28 p.m. Vote was 4-0-0.
Continuation of 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]
Kiran Majmudar, Engineer and Michael Gragnolatti, Soil Scientist, represented the applicant.
The revised site plan was reviewed.
A 4'x4'x9' culvert will be installed under the driveway. The sanitary sewer will also be located under the driveway.
The house will be moved forward an additional 5' and plans now call for a 15'x15 deck at the rear of the house.
In response to a question by Agent Szewzcak, Mr. Majmudar stated that the culvert will be approximately 22' long because the width of the driveway and shoulders is approximately 20' long.
In answer to another question by Agent Szewczak, Mr. Majmudar stated that he was not certain when the deck would be built but was under the impression that it would be after the construction of the house.
Agent Szewczak asked if later construction of the deck would create a problem for removal of fill and installation of the piers.
Mr. Angus stated that it would be covered in the building permit and conditions of approval. The Conditions of Approval are valid for 5 years. If construction takes place after that time, the applicant would need to return to the IWWA. He added that there will be quite a bit of fill brought in for the house construction. Removal of fill for the deck should not be an issue.
In response to a question by Agent Poirot, Mr. Gragnolati stated that the larger size culvert will allow more "critters" to pass through the culvert. The bottom portion of the culvert will be buried, creating an area similar to what currently exists.
Mr. Gragnolati and Mr. Majmudar, in response to a question by Agent Szewczak, stated that the 2 ½' depth excavation is necessary to go below the frost line. The wetland soils will be returned as soon as possible.
Mr. Gragnolati added that the soil would not be removed for more than one week's time because after that, the makeup of the soil changes and dries out.
Agent Poirot asked if the driveway would be finished prior to construction of the house.
Mr. Majmudar stated that the sub base will be in place, but the driveway would not be complete. He is recommending that the culvert be installed at the end of the process so that the soils are not allowed to dry out.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak.
A motion was made by Agent Jedynak and seconded by Agent Tallarita to close the public hearing for IW#424 at 7:39 p.m. Vote was 4-0-0.
A motion was made by Agent Tallarita and seconded by Agent Poirot to close the public hearing portion of the meeting at 7:39 p.m. Vote was 4-0-0.
The Regular meeting was re-opened at this time with Agents Szewczak, Poirot, Jedynak, and Tallarita present. Also present were Neil Angus, Wetlands Agent, and Susan Berube, Recording Secretary.
8. Wetlands Agent Report - September 16, 2004 through October 1, 2004:
Mr. Angus noted that most items in his Report were part of the evening's agenda.
He did note that he met with representatives from CL&P on September 16, 2004 regarding vegetation management along power lines. Based on concerns of town Staff, the company has agreed not to use an herbicide known as Arsenal.
Mr. Angus also attended a pre-construction meeting on September 22, 2004 with representatives from the Trioano Professional Center. There are several outstanding items needing to be done prior to construction as noted in the Agent's Report.
Mr. Angus also reported that he has spoken with the Town's engineering department regarding Agency members' concerns of erosion at Shaker Heights on Taylor Road. He will continue to follow up.
9. Old Business
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].
Members reviewed the proposed project.
Mr. Angus explained that proposed condition of approval #11 is to address the long term protection of the wetlands by adding that a note be placed on the deed.
He also reviewed proposed condition #13, alerting members to the possibility that invasive seeds and/or plants can be brought in through fill material.
During discussion, an additional condition, #15 was added, restricting construction of the wetlands crossing to low flow periods.
Mr. Angus explained that that the mitigative plantings and the increased capacity of the culvert allows for greater connectivity hydraulically and environmentally and would be better for the passage of wildlife.
A motion was made by Agent Poirot and seconded by Agent Tallarita to approve IW# #424 with the ten standard conditions, in addition to the following:
11. Prior to the issuance of any building permits, a note shall be placed on the plans and the 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. Improper disposal of yard wastes in or adjacent to wetlands will also constitute a violation of the Enfield Inland Wetlands and Watercourses Regulations";
12. Wetland construction activities associated with the approved crossing 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;
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 permit;
14. Any fill material brought into the site must be inspected by a qualified individual to ensure it is relatively free of invasive seeds and/or plants;
15. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plan entitled "Site Plan Prepared for Charlie Mastroberti, Weymouth Road, Enfield, CT"; sheets 1 and 2; dated 4/27/04, revised 9/21/04, Engineer Stamp signed 9/29/04; prepared by L.P. Consultants, LLC and Gary LeClair, LLC. 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 4-0-0. Reason for approval was that the project, with mitigation, will not adversely affect wetlands or watercourses.
IW#368.04 of Olde Post Road Acres, LLC - Request for Modification to enlarge and relocate 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.
Mr. Frederick briefly reviewed the reason for his request. He explained that the original IWWA approval was given during a time of transition when the sidewalk ordinance was being changed from 4' to 5'.
This request for modification is to meet the new 5' ordinance without sacrificing mature street trees.
This will, however, require some minor filling of wetlands.
Mr. Angus noted that there is actually less fill needed because a lower grade can be used. There is currently 2' of fill adjacent to the road so that the sidewalk will not need to be filled above the existing grade.
Agent Szewczak noted that some concrete debris had been deposited between lots #4 & #5.
Mr. Frederick stated that he has been and will continue to work with Mr. Angus. Any debris will be removed.
Mr. Angus noted that the conditions of approval require that the limits of disturbance of work be shown. He also noted that this request for modification is a compromise - preserving a mature set of trees or add additional fill to a marginal quality wetland.
After further, brief discussion, a motion was made by Agent Poirot and seconded by Agent Tallarita to approve IW#368.04 with the original 14 conditions of approval in addition to the following:
14. Any foreign debris within wetland areas must be removed using non-invasive methods;
15. Limits of disturbance for the sidewalk installation in wetlands 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 permit;
16. Any fill material brought into the site must be inspected by a qualified individual to ensure it is relatively free of invasive seeds and/or plants;
17. Fill areas must be seeded with a New England Conservation seed mix to aid in wetland buffer re-establishment;
18. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plan entitled "Revision to Sidewalk Approved by Inland Wetlands and Watercourses Agency, Olde Post Road Estates, Post Road, Enfield, CT"; sheets 1 through 3; dated 9/1/04, prepared by Ed Lally and Associates, Inc., 111 Prospect Hill Road, Windsor, CT. 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 4-0-0.
Reason for approval was that the project, with mitigation, will not adversely affect wetlands or watercourses.
IW#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 R-33[Submitted September 15, 2004; Received September 21, 2004; PPE October 5, 2004; MAD November 25, 2004].
Mr. John Zdebski represented the applicant.
Mr. Zdebski explained that the plans have been revised, through 9/29/04. These plans address the discharge of water on the property.
In response to questions by Agents Poirot and Szewczak, Mr. Zdebski explained that the perimeter surrounding the house would have some sort of latticework or trim to allow water to pass through. The water that falls from the roof will dissipate over small boulders or stones that will be placed there. It is a sandy soil and absorbs moisture easily. He does not anticipate any problems from roof runoff.
Mr. Angus noted that due to the floodplain issues, the whole building will be on sonotubes, causing less excavation than conventional construction. He feels there is little concern over direct impact to the brook or Shaker Lake.
He did note that all fill will need to be removed from the site and suggested 2 additional conditions of approval to address this issue.
Sewer and water connections are addressed on the plans.
Mr. Zdebski referred to his FEMA book regarding construction in a flood zone. He also distributed information to Agency members regarding the insulation of the utility pipes and lines.
Mr. Angus stated that these will be reviewed by WPCA and the health department during the building permit process.
A motion was made by Agent Poirot and seconded by Agent Tallarita to approve IW#426 with the ten standard and following 2 conditions:
11. All excavated material must be removed from the site;
12. With the exception of the additional items stated in these conditions, this application is approved in accordance with Site Plan entitled "Improvement Location Survey, Owner/Applicant John and Virginia Zdebski, Cottage Road, Enfield, CT, Map 80 Lot 53 Zone R-33"; sheet 1 of 1; dated 3/6/04, revised through 9/29/04, prepared by L.P. Consultants, LLC, 252 Hazard Avenue, Enfield, CT and Gary LeClair, LLC, Licensed Land Surveyor, 55 Gaylord Road, Windsor Locks, CT. 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 4-0-0. Agent Poirot noted that this application poses no significant impact.
10. New Business
None.
11. Other Business
At the request of Agent Szewczak, a motion was made by Agent Poirot and seconded by Agent Jedynak to add the following to the agenda: Erosion Along Freshwater Brook/CT River Boat Launch. Vote was 4-0-0.
Agent Szewczak noted that during his participation at the recent river cleanup, he noted severe erosion along the North River Street boat launch. There appears to be a low spot on the roadway that diverts water, creating a large gully down the slope to the brook.
Mr. Angus added that he had visited the site today. Water seems to be missing the catch basin and going down the slope. He will notify Public Works. He feels it will be something easy to fix by cutting off the flow and filling and reseeding.
He also believes that this area is maintained by the Town through an agreement with the State. He is unsure at this point, though, if the work would require a permit. The catch basin may need to be lowered. The slope is very steep and could start to undermine the roadway.
Mr. Angus also noted that some clear-cutting may have been done further down the street and he is in the process of notifying owners there that there is not to be any ground disturbance.
o Next regular meeting will be Tuesday, October 19, 2004 at 7:00 PM in the Council Chambers.
12. Adjourn:
A motion was made by Agent Jedynak and seconded by Agent Tallarita to adjourn the meeting at 8:28 p.m. Vote was 4-0-0.
Respectfully Submitted,
______________________________
Frank Poirot, Secretary
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Last Modified: 1/21/2005 3:34:26 AM
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