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NOTICE OF ACTION
Meeting of the
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, FEBRUARY 21, 2006
PUBLIC HEARING - 7:30 P.M. (if applicable)
REGULAR MEETING -- IMMEDIATELY FOLLOWING
*****ENFIELD ROOM*****
************LOWER LEVEL***********
*********ENFIELD TOWN HALL *********
*** 820 ENFIELD STREET,***
** ENFIELD, CT 06082 **
PUBLIC HEARING(S)
1. Call to Order: The meeting was called to order by Chairperson Gretchen Pfeifer-Hall at 7:45 p.m.
2. Pledge Allegiance to the Flag: There was not an American Flag in the room. The Pledge of Allegiance was not recited.
3. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Arnone, LeMay, and Poirot. Also present were Wetlands Agent Neil Angus and Recording Secretary Susan Berube. Agent LeMay was empowered by Chairperson Pfeifer-Hall as a full voting member for the Public Hearing portion of the meeting.
4. Hearings:
Continuation of IW#453 - Town of Enfield - Proposed stream channel maintenance and restoration involving channel dredging and clearing, excavation and grading within 100 feet of a watercourse (enforcement file). Activity located between properties between Meadowlark Road, Yale Drive and Broadleaf Lane (Map 11 Lots 99-101 and 111-114; Map 18 Lots 71-75, 131-133, 135, 136) [Submitted November 22, 2005; Received November 29, 2005; PPE December 13, 2005; MPHCD February 21, 2006; MPHAD 35 days from the closing date of the hearing.]: Agent Arnone excused himself from discussion on this application due to a potential personal conflict of interest. Chairperson Pfeifer-Hall announced that no action could be taken on IW#453, including acceptance of new information because of a lack of quorum for this public hearing. Mr. Bord, representing the applicant, presented a written request for an extension. Mr. Angus will confer with the Town’s attorney on how to proceed on this public hearing matter, since the Agency could not officially receive or vote to accept the request for extension that was submitted.
Agent Arnone returned to the meeting at this time.
Continuation of IW#456 - Carl Nelson - Proposed 4-lot subdivision involving excavation and placement of structures within 100 feet of Wetlands and Watercourses. Property located at 205 State Street (Map 35 Lot 240); Zoned R-33 [Submitted January 10, 2006; Received January 17, 2006; PPE January 31, 2006; MPHCD March 14, 2006; MPHAD 35 days from the closing date of the hearing.] Mr. Carl Nelson of 449 Washington Road, Mr. Brian Nelson and Mr. Chris Nelson represented the applicant. Mr. Carl Nelson presented a letter from Soil Scientist Michael Gragnolati and an engineer regarding test pits dug on the site to determine the composition of the fill material. The pits were dug on lots one and two and consisted of compact fill material. Mr. Carl Nelson had spoken with the previous owner of the property who told him that the fill was from the construction of Route 91, during the late 1950’s and early 1960’s. To the best of his knowledge, there has been no change in topography since that time. Agent Arnone asked if the new houses will have sump pumps. Mr. Carl Nelson replied that the basement floors are to be above the high groundwater table so pumps should not be necessary. He may install a pit, though and would direct drainage toward a dry well, not toward the wetlands. The need for a pump and location of a dry well would be determined by an engineer, based on the type of house built. The outlet would be at the bottom of the footing, approximately half way down the slope. He added that he does not feel a footing drain will be necessary, but if it becomes so, would be pumped up and into a drywell so as not to disturb the slope. He expects either colonial or cape style houses with full basements to be built. Members reviewed Mr. Gragnolati’s letter. It stated that the materials found in the test pits was mostly clay and sand with a few pieces of tar. Water was seen at about 5 ½’ down in 2 of the three pits. The elevation map was reviewed by Agency members with Mr. Nelson. Agent Arnone noted that he visited the site again. He was surprised at finding water in the pits and feels strongly that footing drains and pits be installed to avoid having future homeowners acting on their own and possibly creating problems on the slope. He also would like to see restrictions placed on the deed, prohibiting dumping in the wetlands and down the slopes. He feels this is very important. Mr. Carl Nelson offered a conservation easement 20’ deep along the rear of the lots. Agent Arnone also suggested signage as a reminder of no dumping. Mr. Angus explained that a Conservation Easement, once filed, would notify any future property owners of restrictions. A conservation easement usually includes medallions to be installed. Since this will not be public property, the typical "no dumping " signs would probably not be necessary. Chairperson Pfeifer-Hall also noted that, unfortunately, homeowners often don’t observe easement restrictions. Agent Arnone brought up the point that at one time, Mr. Nelson was willing to erect a fence along the slope, as a deterrent. The slope is a sensitive area, especially at the most westerly lot. He added that he appreciates the applicant’s efforts to move the houses. Chairperson Pfeifer-Hall asked if the reduced size and moving the house on the lot would allow for a garage. Mr. Carl Nelson stated that it would depend on the style of house chosen, but would likely allow for one. In response to another question, Mr. Carl Nelson stated that the house will now be at least 40’ to 50’ from the top of the slope. Chairperson Pfeifer-Hall asked if the applicant had considered creating only 3 lots instead of the proposed four? Mr. Carl Nelson responded that in order to make the project economically feasible, the four lots are needed. He is responsible for extending the sewer line by 600’ to reach the furthest house. Chairperson Pfeifer-Hall expressed again her concern over the fourth lot. She feels that future owners will want pools, sheds, etc. Mr. Carl Nelson stated that the owner would need to come before the IWWA as the property is already within the regulated area. He feels he has protected the area as much as possible. Agent Poirot asked if any water was seeping from the slope when the test pits were dug. Mr. Carl Nelson stated that Mr. Gragnolati looked but did not see any. After further review of the topographic map, it was discovered that the pit numbers were labeled incorrectly on the map. Mr. Angus noted that verification will be needed from the Engineering and Building Departments that the footing drains could be pumped up to the same area as the roof leaders. He also noted that the plans don’t show any excavation beyond the limits of clearing so any changes to the drainage plans that involve activity beyond the limits of clearing would require modification of any permit. He added that the Agency members need to determine if it is necessary to keep the hearing open or close it and discuss conditions of approval. Mr. Angus has not prepared possible conditions of approval as he only received the updated plans today. Outstanding issues are the fence, easement, and footing/sump pump provisions. Members briefly reviewed Mr. Cabibbo’s memo. Agent Arnone stated that he would like the engineering issues addressed prior to closure of the public hearing. At this time, the public hearing was opened to the public for comment. No one in the audience came forward to speak for, against, or neutrally on this application. A motion was made by Agent Arnone and seconded by Agent LeMay to continue IW#456 until the meeting of March 7, 2006 at 7:00 p.m. in the Council Chambers. Vote was 4-0-0.
5. Close Public Hearing portion of meeting: A motion was made by Agent Poirot and seconded by Agent Arnone to close the public hearing portion of the meeting at 8:27 p.m. Vote was 4-0-0.
REGULAR MEETING
1. Call to Order: The meeting was called to order by Chairperson Pfeifer-Hall at 8:28 p.m.
2. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Arnone, LeMay, and Poirot. Also present were Wetlands Agent Neil Angus and Recording Secretary Susan Berube. Agent LeMay was empowered by Chairperson Pfeifer-Hall as a full voting member for the remaining portion of the meeting.
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: Mr. Angus reported that there was one piece of correspondence. A Notice of Violation was issued to David & Lori Longhi for excavation and stockpiling within 100’ of wetlands and watercourses at 1427-1429 Enfield Street. Mr. Angus explained that after the warning letter, he returned, but was not allowed access to the property. With the permission of an abutting owner, he was able to see that no work had been done as requested in the 1st letter. After the Notice of Violation was sent out, he returned to the neighboring property on February 21, 2006 and found that a series of silt fence and hay bales have been installed but he was uncertain if this had been done properly since he did not go onto the property to inspect directly. He noted that the work being done on the property and the silt and erosion occurring, affects the subject property as well as those downstream. He added that the owner of 1427-1429 Enfield Street wrote a letter of complaint to the Acting Town Manager regarding Mr. Angus’ inspection practices. Mr. Angus continued, stating that he did not think a Cease and Desist Order was warranted at this time because some effort is being made by the property owner, however the issue is still a serious concern.
6. Commissioner’s Correspondence: Agent Arnone reported that the DVD provided by the State was defective. He was able to obtain a replacement and when he is finished, will pass it on to other Agency members. He added that he has found it to be very informative.
7. Approval of Minutes -- February 7, 2006 Meeting: A motion was made by Agent Arnone and seconded by Agent LeMay to approve the minutes of February 7, 2006 with the following correction: page 7, 11th paragraph, 2nd sentence: change “cold” to “could”. Vote was 4-0-0.
8. Wetlands Agent Report – February 2, 2006 through February 15, 2006: Mr. Angus stated that most items were addressed as part of the Agenda. The Agent’s Report for the next meeting, March 7, 2006, will contain inspection and meeting reports.
9. Old Business
IW#453 - Town of Enfield - Proposed stream channel maintenance and restoration involving channel dredging and clearing, excavation and grading within 100 feet of a watercourse (enforcement file). Activity located between properties between Meadowlark Road, Yale Drive and Broadleaf Lane (Map 11 Lots 99-101 and 111-114; Map 18 Lots 71-75, 131-133, 135, 136) [Submitted November 22, 2005; Received November 29, 2005; PPE December 13, 2005; MPHCD February 21, 2006; MPHAD 35 days from the closing date of the hearing.] No action due to quorum issues.
IW#456 - Carl Nelson - Proposed 4-lot subdivision involving excavation and placement of structures within 100 feet of Wetlands and Watercourses. Property located at 205 State Street (Map 35 Lot 240); Zoned R-33 [Submitted January 10, 2006; Received January 17, 2006; PPE January 31, 2006; MPHCD March 14, 2006; MPHAD 35 days from the closing date of the hearing.] A motion was made by Agent Poirot and seconded by Agent Arnone to table discussion on this application until the meeting of March 7, 2006 at 7:00 p.m. in the Council Chambers. Vote was 4-0-0.
IW#458 - Joseph Voboril Jr. - Proposed temporary wetland crossings and clear cutting of a landing area associated with a selective timber harvest in and within 100 feet of wetlands and watercourses. Property located along the south side of Bacon Road and east side of North Maple Street (Map 95 Lot 1); Zoned I-1 [Submitted January 30, 2006; Received February 7, 2006; PPE February 21, 2006; MAD April 13, 2006.] Mr. Angus explained that he spoke to the applicant earlier today and he requested they table discussion until the Agency’s next meeting. Changes are being contemplated in response to issues brought up by Staff and the State Forester after a walk of the property after the previous meeting. Staff will be meeting with the forester on February 24, 2006 to discuss these issues. A motion was made by Agent Poirot and seconded by Agent Arnone to table discussion on this application until the meeting of March 7, 2006 at 7:00 p.m. in the Council Chambers. Vote was 4-0-0.
IW#459 - Mark and Edward Spazzarini - Proposed development of 2 single family homes with associated excavation and grading within 100 feet of an intermittent watercourse and 200 feet of the Connecticut River. Property located on the southwest end of Fairview Avenue (Map 20 Lots 344-347, 96, 88, 89); Zoned R-33 [Submitted January 30, 2006; Received February 7, 2006.] Agent Arnone excused himself from discussion on this application due to a potential personal conflict of interest. Mr. Ussery submitted revised plans to the Agency last week. A memo from the Town’s Engineering Office was also distributed, however, without a quorum, no business could be conducted. No action or discussion took place due to lack of quorum.
Agent Arnone returned to the meeting at this time.
10. New Business
None.
11. Other Business
• Next regular meeting is Tuesday, March 7, 2006 at 7:00PM in the Council Chambers.
12. Adjourn: A motion was made by Agent Poirot and seconded by Agent LeMay to adjourn the meeting at 8:47 p.m. Vote was 4-0-0.
Acronym Key for Dates:
Submitted = Day it was Logged in by the Appropriate Town Office.
Rec’ed = Received (Date of First Regular Meeting after the day of submission or 35 days, which ever is sooner)
PPE = Petition Period Ends (14 Days from Receipt)
MAD = Mandatory Action Date (65 Days from Receipt)
EMAD = Extended Mandatory Action Date (Any combination up to 65 days from original MAD)
MPHCD = Mandatory Public Hearing Closing Date (35 Days from opening of the public hearing)
EMPHCD = Extended Mandatory Public Hearing Closing Date (Any combination up to 65 Days from first MPHCD)
MPHAD = Mandatory Public Hearing Action Date (35 Days after close of the public hearing)
EMPHAD = Extended Mandatory Public Hearing Action Date (Any combination up to 65 Days from first MPHAD)
*Applicant can consent to extend the time frame for any of the steps but the total of all extensions together cannot exceed 65 days
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Last Modified: 3/10/2006 1:14:17 PM
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