|
NOTICE OF ACTION
Meeting of the
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, MARCH 21, 2006
PUBLIC HEARING - 7:00 P.M. (if applicable)
REGULAR MEETING -- IMMEDIATELY FOLLOWING
*****COUNCIL CHAMBERS*****
*********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 7:10 p.m.
2. Pledge Allegiance to the Flag: The Pledge of Allegiance to the Flag was recited.
3. Roll Call: Present were: Chairperson Pfeifer-Hall and Agents Arnone, Szewczak, and Tallarita. Also present were Neil Angus, Wetlands Agent and Susan Berube, Recording Secretary.
4. Show Cause Hearing - Violation 2006-02-07 - of David and Lori Longhi - un-permitted earthwork in and within 100 feet of wetlands and watercourses. Property located at 1427-1429 Enfield Street (Map 18 Lot 271); Zoned HR-33. Cease and Desist order issued on March 17, 2006. Agent Tallarita excused himself from discussion on this hearing due to a potential conflict of interest. Chairperson Pfeifer-Hall announced that Agent Tallarita’s recusal resulted in a lack of quorum, leaving the Agency unable to hold the hearing. Mr. Angus stated that the remaining members could conduct very limited business, such as setting a date for a special meeting or postponing the hearing to the next regularly scheduled meeting. Chairperson Pfeifer-Hall noted that the Agency is required to hold a hearing within 10 days. Mr. Angus reported that he spoke with the Assistant Town Attorney on this matter and she stated that there is case law showing that the 10 day rule is not strictly upheld. At this point, Chairperson Pfeifer-Hall asked when there would be enough members available to hold a special meeting. Mr. Angus was not sure. Two members are currently out of state and another is ill. He added that if the members present schedule a special meeting, he would inform those members not present of the special meeting date in the hope that more than enough members to constitute a quorum would be available. After an informal poll of the present members’ availability for a special meeting, Agent Szewczak made a motion to postpone the hearing to a special meeting on Monday, March 27, 2006 at 7:30 p.m. in the Enfield Room. Seconded by Agent Arnone. In response to an inquiry by Chairperson Pfeifer-Hall, Mr. Wyzik, the Longhi’s attorney, stated that he would not be available until March 29, 2006. Agent Arnone noted that the Agency is willing to hold the hearing within the 10 day time frame but the Agency also wants to give the resident the opportunity to be represented. Chairperson Pfeifer-Hall stated her hope that more than the minimum number of members for a quorum would be available at the next regular meeting, scheduled for Tuesday, April 4, 2006. Attorney Wyzik conferred with his client. He stated that Ms. Longhi is disappointed that the matter could not be resolved tonight but feels she would be at a disadvantage if she had to bring in a new representative if a meeting were held prior to March 29, 2006. Chairperson Pfeifer-Hall stated that it is not necessary to have legal council but the Agency is trying to work with her. Attorney Wyzik conferred with his client and then stated that he appreciated the Agency working with them and that April 4, 2006 would be acceptable to his client. Agent Szewczak withdrew his original motion; Agent Arnone withdrew his second to the motion. Agent Szewczak then made a new motion that the Show Cause Hearing be postponed to the next regular Agency meeting, scheduled for April 4, 2006 at 7:00 p.m. in the Council Chambers. Seconded by Agent Arnone and approved by consensus.
REGULAR MEETING
Agent Tallarita returned the meeting at this time.
1. Call to Order: The regular meeting continued immediately after the consensus of the Agency members to postpone the Show Cause Hearing.
2. Roll Call: Roll call was not taken.
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: The following items of correspondence were received: March 17, 2006 Cease & Desist Order by Mr. Angus to David & Lori Longhi for property at 1427-1429 Enfield Street; March 16, 2006 Authorized Agent Approval by Mr. Angus to John & Martha O’Brien for placement of a concrete dumpster pad at 4 Anngina Drive; March 16, 2006 Authorized Agent Approval by Mr. Angus to Dominic Lee for 8’x21’ & 6’x14’ deck at 54 West Shore Drive; March 16, 2006 letter from Mr. Angus to Specialized Technology Resources regarding slope erosion at 504 Hazard Avenue. Mr. Angus included general information on Terrace Escarpment soils; copy of article in 1/16/06 issue of Waste News regarding rain gardens in Chicago, IL.
6. Commissioner’s Correspondence: Chairperson Pfeifer-Hall noted receipt of a letter from the Town Attorney to Attorney Wyzik. Mr. Angus will make copies of the letter for members of the Agency.
7. Approval of Minutes -- March 7, 2006 Meeting: A motion was made by Agent Arnone, seconded by Agent Tallarita to approve the minutes of the meeting of March 7, 2006 as presented. Vote was 4-0-0.
8. Wetlands Agent Report – March 2, 2006 through March 15, 2006: Mr. Angus reported that he recently met with the Boy Scouts regarding a beaver protection project, slated to begin this weekend along Freshwater Brook.
9. Old Business
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. Joseph Voboril, Jr. represented the applicant. He stated that no changes have been made to the plans since the last meeting. He briefly reviewed the plans for the 40+/- acre parcel. Crossings C6 & C7 have been eliminated and a landing was added on North Maple Street. Skid trails were significantly reduced because of this change. Crossing C5 will have limited use. There would be 1 trip in for matting, one load of lumber removed and one final trip to remove the matting. Bridging will be used across C1, C2, C8 and C9. Poles will be used across C3 & C4 and will also have limited use. Timber will be removed in the dry season only, after the leaves are on, sometime between June 15 and December 31. This will be a progressive plan; the entire site will not be worked on all at once. The project should take a total of about 6 weeks but it could be longer if there is an extended wet period. Mr. Voboril stated that he would work with Staff on this. Agent Arnone stated that he is in favor of the bridges instead of poles and asked if any damage would be repaired when the matting is removed. Mr. Voboril stated that the matting would be down for only a few thousand feet. Agent Arnone again asked if vegetation would be replaced to bring the matted area back to its’ natural state. Mr. Voboril stated that there shouldn’t be any damage. In answer to another question by Agent Arnone, Mr. Voboril stated that the site would have only 1 forwarder, since it is a small job. The tree cutters would go in first. Agent Arnone asked how much damage there would be from the felling of the trees and would they be leaving the branches and brush. Mr. Voboril stated that the residual materials would be left on site; there are already such materials there from trees that fell naturally. The ground cover is now mostly ferns, which shade out other growth. Agent Arnone asked if anything else would be affected. Mr. Voboril stated that the removal of the trees should be an improvement since it will allow more light onto the forest floor. Agent Szewczak expressed concern that the Agency will be criticized by residents who see the cuttings left in piles. He asked if there is any way to disperse the cuttings left behind so that it breaks down faster and minimizes visual impact to neighbors. Mr. Voboril stated that most of the cutting will be far into the property – 100’ or more. The pieces are usually 3 to 4 feet long. There will not be much visibility of the project. Agent Arnone asked if the firewood concern has been resolved. Mr. Angus stated that the processing and sale of firewood on site is a separate permit process. Mr. Voboril stated that no firewood will be processed on site. Agent Arnone expressed concern that the pieces that are left behind by the loggers will be saleable and that trucks would possibly be entering the wetlands to get out the wood. Mr. Voboril stated that this is not the intent of the owner. There will be pieces suitable for firewood. Arrangements could be made to have the forwarder remove suitable pieces from the inner area. Agent Arnone noted that there could be a considerable amount of wood left by the harvester. Mr. Voboril stated that the forwarder could move it to the landing area. Agent Arnone suggested that it could be a possible condition of approval, without allowing the sale of firewood. Mr. Voboril added that the owner of the property would not want anyone entering the site and getting hurt. Mr. Angus stated that in past forestry projects, the landowner has utilized some of the wood left behind for personal use. But the sale of firewood from the property would be a commercial activity and may require additional permits from Planning and Zoning and Wetlands. Mr. Voboril went on to say that the tops of the trees are loose. There will not be tight piles or stock piles. There will be plenty of room for seedlings to come up. He repeated that there will be no processing of firewood on site. Any woody material not logged should be removed from the site for processing. In response to a question by the Chair, Mr. Angus reviewed the C-5 Crossing. He stated that it is the longest of the proposed crossings. It is a dead end, not really a crossing. The forester has prepared a plan to minimize disturbance but it is up to the Agency regarding their level of comfort with the crossing. He added, in response to a question by Chairperson Pfeifer-Hall, that the crossing starts at the drainage ditch and goes through a low lying wetland area for approximately 100 feet. Chairperson Pfeifer-Hall asked if the crossing could stop at the ditch, since there will be no cutting in the wetlands. Mr. Voboril stated that the harvester has purchased some of the wood in that area. Agent Szewczak reviewed the plan and noted that the wood would be cut by humans; heavy equipment would be brought in only to remove the wood, using sequential placement of mats to get to the cut wood. If the load is properly distributed, there should only be a small period of time in there with the heavy equipment and it is hoped that there is a conscious effort to minimize damage. If it all goes according to plan, there should be no long term impact to wetlands. Mr. Voboril agreed, stating that once the trees are cut, the forwarder will reach out and grab the trees and back out. Mr. Angus reviewed the proposed conditions of approval. Members held further discussion of proposed condition #15. Agent Arnone expressed concern because of the potential of people doing damage by trying to get to the leftover wood. He was unsure which would have more impact – leaving the larger pieces where they land or having them removed to the landing area. Mr. Voboril stated that entry would need to be from Bacon Street because North Maple Street becomes a “moat” once the entry way is reclaimed. It would be left on the ground and not visible from the road. Agent Arnone felt comfortable with the language in proposed condition #15 to address this issue. Mr. Angus suggested that the crossing types could be spelled out in condition #16 and moving #16 to #17. Agent Szewczak suggested that Condition #13 be revised to drop the word “Clear” from the 2nd sentence. After further brief discussion, a motion was made by Agent Arnone and seconded by Agent Tallarita to approve IW#458 with the 10 standard conditions, in addition to the following #11 through #17:
11. The Forester is to contact the Wetlands Agent a minimum of two days prior to the proposed commencement of the harvesting operation. The Forester and Agent must agree on the timing of the activities and will assess the site conditions at that time and employ the necessary Best Management practices to minimize on and off-site erosion and sedimentation. Additional controls will be installed by the Forester at the discretion of the Wetlands Agent. Once the operation is complete, the Forester must contact the Wetlands Agent for a follow-up inspection of the site. Any outstanding land stabilization issues before, during and after the operation must be resolved to the satisfaction of the Wetlands Agent. Failure to comply with these requirements will constitute a violation of this permit approval and be subject to enforcement action.
12. Entrance areas are temporary in nature and must be reclaimed to original conditions. Entrance areas are to be constructed in a manner that does not impede existing drainage patterns. In order to ensure all existing drainage patterns are maintained, no temporary filling of existing ditches is permitted as part of this application;
13. No machinery or skidding trails are permitted in wetland areas (with the exception of the permitted crossings and access). Clear-cutting in and within 100 feet of these areas is strictly prohibited, wit the exception of the two approved landings;
14. All permitted crossings must have proper stabilization methods in place to avoid rutting and bank disturbance. When crossings are removed, the area must be reclaimed to its original condition and grade. To avoid permanent disturbance, no excavation is permitted in relation to these crossings. Exposed wetland areas are to be seeded with a wetland seed mixture. Disturbed upland soils are to be seeded with a conservation seed mixture and hayed.
15. No slash piles or tops are permitted to be stockpiled in any wetland areas. This permit is for the clearing associated with the landings and temporary wetland and watercourse crossings as identified on the approved plan. Any other uses or activity on the site (such as firewood processing and sales) may require additional local permitting;
16. Temporary pre-fabricated bridges are to be used for crossings C-1, C-2, C-8 and C-9. Pole crossings can be used for crossings C-3 and C-4. Track matting is to be used for crossing C-5;
17. With the exception of the additional items stated in these conditions, this application is approved in accordance with the plans entitled "Crossing Drainage and Wetland Areas, Revised Plan for Wetland Crossing, March 7, 2006, IW#458 Enfield, CT." Pages 1 through 4; Prepared by Joseph Voboril Jr., Forester (CT license #F63). 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 Determination of Permit Need (Jurisdictional Ruling).
Vote was 4-0-0. Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
DPN 2006-03-06 - Town of Enfield Water Pollution Control Authority - request for emergency authorization/Determination of Permit Need to temporarily deconstruct a portion of a beaver dam to lower the water level of St. Martha’s Pond to allow for sanitary sewer access and maintenance. Property located off of George Washington Road (Map 62 Lot 3) Submitted March 6, 2006; Received March 7, 2006; PPE March 21.] Mr. Marvin Serra, Superintendent of the WPCA and Jeff McAlmond, Deputy Director of the Public Works Department represented the applicant. Mr. Serra distributed information regarding the proposed project and pictures of the existing conditions. He explained that beavers have re-built the dam, raising the water level considerably. The project will raise the level of the manholes up by 2’. Two manholes are currently under water and leaking into the sanitary sewer system. The proposed plan is outlined in booklets provided to Agency members. Entry will be through the Town’s right-of-way. The two upper ponds will be sandbagged to hold the water at current levels and pumps will be used to lower the lower pond by 4’. The beaver dam will not be removed. Pumps will discharge the water into the stream. Two silt fences will be used to hold back silt. Silt fence will be used around the manholes during the re-construction. No digging will be done. A mat will be installed for a small excavator. Rings will be used to raise the manholes and material will be used to make the top impervious to future water coverage. The project should be complete in a one to two week time frame. Any disturbance will be re-graded and reseeded. A track vehicle – with wide tracks will be used. A pad will be placed over the brook to get to the pond. The right-of-way is actually a road, constructed during the reconstruction of Brainard Road, 10 years ago. Chairperson Pfeifer-Hall asked how many manholes will be raised. Mr. Serra stated that there are 2 in the pond. There will be no need to enter wetlands for manhole #1. The excavator will drive between 2 check dams. In response to questions by Chairperson Pfeifer-Hall, Mr. Serra stated that he did not know how deep the pond is but that he would like to start the first week of May at the latest. Mr. McAlmond added that the ponds used to be stocked with fish, but he does not think that they still are stocked, although there are fish in the ponds. He is looking to stop the leak into the manholes so as to stop effluent from leaking into the Connecticut River and eventually into Long Island Sound. He would like to get in prior to May. It will take at least 2 days to draw the water down. Part of the manhole bricks will be removed, and replaced with concrete rings. The plans show that the water level needs to be lowered by 4’, which was the level prior to the beavers. The excavator only needs to be within 20’ of the manholes. If it is found that less than 4’ needs to be lowered, only as much water as needed will be removed. Mr. Serra then stated that his dates were off. He would like to start no later than April 1, not May 1. Chairperson Pfeifer-Hall stated that she feels a permit is necessary, due to water being drawn down from the pond, and the crossing of a watercourse. Agent Arnone also noted potential public interest. Mr. Serra expressed concern over the upcoming spring rainy period. Waiting could create more damage with the excavator and allow more leakage into the system. Agent Arnone asked how long the manholes have been leaking. Mr. Serra was uncertain but became aware of it about 2 weeks ago. Immediate action needs to be taken. Agent Tallarita noted that this may be the “lesser of 2 evils”, instead of waiting for the permit process. Mr. Angus reported that he had met with WPCA on site and went over alternatives and temporary stabilization and containment issues that Mr. Serra has addressed in the submitted report. This is a timely issue that does need to be addressed and there is a Town Ordinance regarding water flows into the sanitary sewer system. Agent Szewczak noted that the project has to get done. He feels that the process has been well thought out. If it can be done in early April, instead of early May, under the watchful eye of the Wetlands Agent, it would be better to get started immediately before the spring rains come. Agent Arnone requested booms around the pumps to protect the pond and brook from vehicles entering the site. Mr. McAlmond stated that Mr. Angus’ participation and directions would be welcomed. The manhole tops will be bolted and sealed and will be of pre-cast concrete, all of the way down. Chairperson Pfeifer-Hall noted that the crossing is within a rip rap stream bed. Mr. McAlmond stated that he hopes to use an excavator with rubber tracks to minimize damage. Agent Szewczak made a motion, that under the guidance of Mr. Angus and results of discussion between the applicant and the Agency members, that no permit is needed. Seconded by Agent Arnone with the request that padding and a boom be in place and care be used in the crossing. Chairperson Pfeifer-Hall stated that she supports the motion because it is an emergency situation; otherwise she feels this application would need a permit. Because of the time of year and water leaking into the system, time is of the essence. She expects that the WPCA will work with Mr. Angus to minimize impacts. Mr. McAlmond offered to come back to the Agency when the project is complete, to discuss the results. Chairperson Pfeifer-Hall stated that the Agency would be agreeable, depending on its’ schedule. Mr. Angus stated that he will keep Agency members updated through his Agent’s Report. Vote was 4-0-0. Mr. Angus asked for clarification of the pad across the brook. Mr. Serra stated that it is matting made of canvas material and seems not to cause any damage. Mr. McAlmond requested Mr. Angus attend the pre-construction discussions. Mr. Angus agreed.
10. New Business
None.
11. Other Business
None.
• Next regular meeting is Tuesday, April 4, 2006 at 7:00PM in the Council Chambers.
12. Adjourn: A motion was made by Agent Tallarita, seconded by Agent Arnone to adjourn the meeting at 8:52 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
|
|
Last Modified: 3/24/2006 10:48:17 AM
|
|
|