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NOTICE OF ACTION
Meeting of the
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, MAY 2, 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 Pfeifer-Hall at 7:05 p.m.
2. Pledge Allegiance to the Flag: The Pledge of Allegiance to the Flag was recited.
3. Roll Call: Present were: Chairperson Gretchen Pfeifer-Hall and Agents Arnone, LeMay, Poirot, Staples, Szewczak, Tallarita and Wawer. Also present were Neil Angus, Wetlands Agent and Susan Berube, Recording Secretary.
4. Hearings:
Continuation of IW#461 - Precision Camera - Proposed parking lot expansion involving excavation, filling regrading within 100 feet of wetlands and watercourses. Property located at 4 Anngina Drive (Map 82 Lot 60) Zoned I-1 [Submitted March 29, 2006; Received April 4, 2006; PPE April 18, 2006; MPHCD May 23, 2006] Agent Staples excused himself from this public hearing due to a potential conflict of interest. Agent LeMay was empowered as a full voting member for the public hearing portion of the meeting. Mr. Mark Friend of Megson & Heagle and Mr. John Malinoski of Precision Camera represented the applicant. Mr. Friend went over issues outstanding from the meeting of April 18, 2006 and those by staff. He stated that the island located in the middle of the parking lot is used as a bio-filter and a swale. At the Agency’s request, calculations for a 100 year storm event were done. The 15” pipe to the existing basin is more than adequate to convey storm water from the parking lot during a large event. There would be no ponding in the parking lot. He noted that the existing detention basin was cleared of trees just prior to the last meeting, possibly that day. He read into the record his letter to the Agency dated 4/27/06 regarding the recent cutting. The letter stated that no removal of root material or disturbance to the topsoil was done. Because of this, Mr. Friend recommends taking no action within the basin as the vegetation will likely sprout from the existing root systems. No erosion is expected. Mr. Friend also provided photos of the site, taken prior to the clearing. Mr. Friend went on to say that the issues noted in Mr. Cabibbo’s memo from the Engineering Department have been incorporated into Mr. Angus’ suggested conditions of approval. Agent Szewczak asked if parking space 31 will be eliminated. Mr. Friend stated that it would be and that by skewing the parking lot, an additional space could not be made because of plantings located where Agent Szewczak had suggested. Mr. Angus added for the record, the following items to the list of exhibits: 100 year flood event drainage calculations; engineering comments; letter dated 4/27/06 from Mr. Friend to the Agency; Public Hearing continuation notice; 2 photographs of the detention basins. Mr. Angus also briefly reviewed the issues in the staff report which form the basis of the suggested conditions of approval. At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against this application. In response to a question by Agent Szewczak, Mr. Angus stated that the applicant has seen and agreed with the suggested conditions of approval. A motion was made by Agent Wawer and seconded by Agent Arnone to close the public hearing on application IW#461 at 7:20 p.m. Vote was 7-0-0.
5. Close public hearing portion of meeting: A motion was made by Agent Arnone and seconded by Agent Poirot to close the public hearing portion of the meeting at 7:20 p.m. Vote was 7-0-0.
REGULAR MEETING
1. Call to Order: The regular meeting was called to order at 7:21 p.m.
2. Roll Call: Present were: Chairperson Gretchen Pfeifer-Hall and Agents Arnone, LeMay, Poirot, Staples, Szewczak, Tallarita and Wawer. Also present were Neil Angus, Wetlands Agent and Susan Berube, Recording Secretary. Agent LeMay was not empowered to vote at this time.
At this time, a motion was made by Agent Szewczak and seconded by Agent Wawer to move agenda item #3 to be taken up after agenda item #6. Vote was 7-0-0.
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: excerpt from “What’s Legally Required”, page 102 regarding Environmental Intervention; email notice of River Processes Workshop to be held May 9, 17, and 21 at the Connecticut River Museum in Essex; mitigation report from Michael Gragnolati regarding for IW#454, Paganelli Construction, Weymouth Road. Additional monthly reports will be provided by the soil scientist for the next 6 months. Members held discussion regarding intervener status. Chairperson Pfeifer-Hall asked if the intervener had the same obligations as the applicant, in regards to providing enough copies of documents for all members of the Agency. Mr. Angus stated that at least 11 copies should be provided of any documents that are substantial in size. Single pages can be copied by staff, if necessary.
6. Commissioner’s Correspondence: There were no items of correspondence brought up for discussion by Agency members.
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. At 7:32 p.m., a motion was made by Agent Wawer and seconded by Agent Poirot to enter into executive session to discuss pending litigation. Mr. Angus and Assistant Town Attorney Maria Stavropoulos joined the Agency members. A motion was made by Agent Wawer and seconded by Agent Arnone to leave executive session at 8:15 p.m. Vote was 7-0-0. Chairperson Pfeifer-Hall stated that during executive session, no votes were taken.
7. Approval of Minutes -- April 18, 2006 Meeting: motion was made by Agent Szewczak and seconded by Agent Arnone to approve the minutes of the meeting of April 18, 2006 with the following corrections: page 8, 4th paragraph from bottom of page, delete “t” from “sot”; page 10, 3rd paragraph from bottom of page, delete “not” and “for the area it is to be planted in” from last sentence. Vote was 6-0-1(Wawer).
8. Wetlands Agent Report – April 13, 2006 through April 26, 2006: Mr. Angus explained that he has not had a chance to complete his inspection log. He stated that he inspected 155 Hazard Avenue as requested by the Agency at the last meeting. There is a considerable amount of brush and debris. The owner has been contacted and requested to remove the material. Mr. Angus will continue to follow up on this. Mr. Angus also inspected the Shaker Road property of Mr. Hinckley, also at the request of the Agency members. There were two small piles of woodchips located along the top of bank near Freshwater Brook that were spilling over the bank beyond the limits of disturbance previously approved. Mr. Angus has spoken with the owner and will follow-up on his request to the owner to move the materials away from the slope. Mr. Angus also inspected the report of oil leaking from the utility room at 2 Anngina Drive at the Agency's request. This leak is close to the wetlands. The owner of the building was contacted. The hoses from the air conditioning units or fans were leaking an oily substance. The owner has been requested to remove and dispose of the liquids properly. Mr. Angus will continue to follow up on this item as well.
9. Old Business
IW#460 - Stonegate Associates - Proposed 76-Unit Senior Residential Development involving excavation, filling regrading and placement of structures in and within 100 feet of wetlands and watercourses. Property located off of Mayfield Drive, West View Drive, Pine Hill Road and West Shore Drive (Map 79 Lots 11, 12, 13 and Map 96 Lot 11) Zoned R-44 [Submitted March 29, 2006; Received April 4, 2006; PPE April 18, 2006; MPHCD May 23, 2006]: A motion was made by Agent Szewczak and seconded by Agent Tallarita to table discussion on IW#460 until the meeting of May 16, 2006 at 7:00 p.m. in the Council Chambers. Vote was 7-0-0.
IW#461 - Precision Camera - Proposed parking lot expansion involving excavation, filling regrading within 100 feet of wetlands and watercourses. Property located at 4 Anngina Drive (Map 82 Lot 60) Zoned I-1 [Submitted March 29, 2006; Received April 4, 2006; PPE April 18, 2006; MPHCD May 23, 2006]: Agent Staples excused himself from discussion on this application due to a potential conflict of interest. Agent LeMay was empowered as a full voting member for this application only. Chairperson Pfeifer-Hall reviewed the memo dated 4/27/06 from Mr. Cabibbo regarding this application. Most items have been addressed. Remaining items are addressed in the proposed conditions of approval. Agent Poirot stated his appreciation for the changes that were made at the suggestion of Agency members and staff. He feels there is no reasonable feasible or prudent alternative, given the limitations of the site. Agent Tallarita agreed. Agent Szewczak agreed and stated that all of his concerns have been addressed. Agent Szewczak made a motion, seconded by Agent Tallarita to approve IW#461 with the 10 standard conditions in addition to the following:
11. All vegetation in the existing detention basin is to be left to regenerate in it's natural state. Future maintenance activities shall not involve removal of any vegetation from the body of this basin. Clearing of all vegetation from this basin is a regulated activity and requires a permit from the Enfield Inland Wetlands and Watercourses Agency prior to undertaking;
12. Norway Maples are to be eliminated from the landscaping plan (Sheet 8) and replaced with a suitable native tree species. Refer to "Potentially Invasive" on the Non-Native and Potentially Invasive Vascular Plants in Connecticut list published by the Center for Conservation and Biodiversity, University of Connecticut, Storrs (CTDEP and USDA).
13. The parking space that encroaches into the existing tree line and slope adjacent to the wetlands is to be removed to eliminate slope disturbance and reduce the need for additional slope re-stabilization;
14. Curb stops are required on all spaces where the curbing has been eliminated. The applicant's design for sheet flow into a grass lined swale is a plan modification that will promote additional storm water treatment and local groundwater recharge on-site and help reduce piping and concentration of storm water flows on-site. Snow stockpiling should be limited in this area to ensure proper functioning of the swale;
15. All engineering comments and concerns must be addressed by the applicant prior to the commencement of construction activities;
16. A note shall be added to the long range storm water maintenance program to indicate the party responsible for maintenance and a contact number, in addition to a note ensuring records of regular maintenance are kept by the owner and made available for inspection, to ensure compliance;
17. References to fertilizer application rates under temporary and permanent vegetative cover on Sheet 6 shall be eliminated to reduce the potential for nutrient overloading in adjacent wetlands. The long term maintenance plan shall be modified to eliminate the use of fertilizers and pesticides or provide alternative treatments (Integrated Pest Management Plan and/or no fertilizer or slow-release and low/no phosphorus fertilizers);
18. All disturbed areas adjacent to the detention basin and easterly side of the proposed parking area shall be seeded with a conservation seed mixture to aid in buffer reestablishment and long-term erosion control. Maintenance in these areas shall be minimized (mowing once a year) to provide additional buffer protection, stabilization and drainage (longer root systems stabilizing and absorbing more run-off). These items are to be added to the long term maintenance plan;
19. A notification or restrictive covenant shall be placed on the land records that indicates the extent of steep slopes and wetland resources on-site and the regulations governing those resources, including the prohibition of disposal of refuse and/or yard waste on or near the slopes and wetland and watercourse areas.
20. A note shall be placed on the site plans before the commencement of construction stating: “Portions of this lot contain steep slopes, wetlands and watercourses and are therefore subject to the Enfield Inland Wetlands and Watercourses Regulations as amended. No disposing of leaves, grass clippings, brush or other lawn refuse, grading, filling or other modification shall be made to the easterly portion of this lot".
21. With the exception of the additional items stated in these conditions, this application is approved in accordance with the site plans entitled "Parking Lot Expansion Lot 7 Anngina Drive, Prepared for Precision Camera, Enfield, Conn."; dated 3-10-06; Revised 4-6-06; 9 sheets; prepared by Menson and Heagle Civil Engineers and Land Surveyors, LLC, 81 Rankin Road, Glastonbury, CT 06033. 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) or request for modification.
Chairperson Pfeifer-Hall added that she also feels all concerns were addressed. The site has a need for parking space; the existing situation is unsafe. Also, having the cars parked in the parking lot will allow any liquids to be passed through the storm water quality controls. She agreed that this was the most feasible and prudent alternative, given the limitations of the lot. Vote was 7-0-0. Reason for approval was that the project, with mitigation, will not adversely affect wetlands and watercourses.
Agent Staples returned to the meeting at this time and was seated. Agent LeMay was no longer empowered to vote for the remainder of the meeting.
10. New Business
IW#462 - Anthony Spazzarini - Proposed New House Construction involving grading and placement of structures within 100 feet of wetlands and watercourses. Property located on the north side of Elm Avenue (Map 59 Lot 70) Zoned R-33 [Submitted April 26, 2006; Received May 2, 2006; PPE May 16, 2006]: Mr. Anthony Spazzarini represented the applicant. Mr. Spazzarini explained that the lot is 60’x100’, located on Elm Avenue. While there are no wetlands on the property, 60% of the lot is within the regulated area. He stated that the lot is very high and as little area as possible would be disturbed to construct the house. The driveway will drain to the front. There should be no impact to the wetlands. The site is served by public sewer. No basement drains are needed; the land has approximately 20’ deep sand. Agent Poirot asked if temporary silt fence and hay bales will be utilized for erosion control. Mr. Spazzarini stated that silt fence will be used. Agent Arnone asked the location of the house on the DiFranzo property in relation to the subject property. Mr. Spazzarini was not exactly sure but felt that the property in question is actually located in Longmeadow, MA. Agent Arnone wondered if slope drainage would impact the house built recently, next door and asked if roof leaders would be utilized. Agent Szewczak asked if the site is currently vegetated. Mr. Spazzarini responded that he anticipates using surface drainage for roof runoff. The site has vegetation. The builder next door clear cut approximately 20’ into this lot by mistake. Mr. Spazzarini plans to keep as many trees as possible, however some will have to be removed in order to construct the house and some others need to be removed because of damage done to them during the clear cutting. The trees to be left have not been marked. Agent Szewczak stated that he would like to see a limit of cutting shown on the map and hopes that a buffer of trees will be left in the rear of the property. Mr. Spazzarini stated that he does not plan to cut beyond 20’ in the rear of the property from the proposed house site, unless the trees present a danger. Agent Szewczak asked if a garage will be built. Mr. Spazzarini stated that a colonial style house will likely be built but there will not be room for a garage. He added that the Town owns a 40’ strip of land next door. He also noted that one of the neighbors has erected a playground, which is partially on his land. Chairperson Pfeifer-Hall asked if all of the trees in the front yard will be cut. Mr. Spazzarini stated that unfortunately, most of them would be removed, including a large one which will be in the way of the sanitary sewer line and corner of the foundation. In response to questions regarding a pathway going into the wetlands, Mr. Spazzarini stated that the path is not on his property. Chairperson Pfeifer-Hall stated that she shares Agent Szewczak’s concerns regarding leaving trees to protect the slope. Mr. Spazzarini stated that 3 or 4 large ones plus some smaller ones will remain. Mr. Angus explained that the house next door was the subject of IW#409. The pathway is actually an old “paper street” and was the limit of disturbance for IW#409. Mr. Spazzarini’s plans should show the limits of clearing. Any clear-cutting in the rear would be considered a regulated activity. Mr. Angus added that he will check with the Building Official regarding possible need of footing drains. Regulations have changed recently and the drains might now be required. If so, the issue will need to be addressed on the plans. Mr. Spazzarini was told by his engineer that they would not be necessary; if they are necessary, they would likely have to drain out back. Agent Szewczak asked if any re-grading would be done, besides construction of the driveway. Mr. Spazzarini answered that some cutting would be done to match the elevations of the land next door. Mr. Angus noted that the entire back yard is within the regulated area. As with past applications, the Agency could request the owner place a note on the plans informing current and future property owners of the regulations regarding wetlands. Future owners may want to clear the whole rear yard or erect accessory structures. Also, the plans need to show the temporary stockpile location and proper erosion control measures for it. Chairperson Pfeifer-Hall asked if the set back would be in line with the house next door. Mr. Spazzarini responded that he is not sure. The new regulations allow setbacks to be closer to the road. Chairperson Pfeifer-Hall noted that it would be better for the back yard and wetlands if the house could be moved forward. Mr. Spazzarini stated that he would prefer that option. He added that the topsoil will be removed from the site during construction and brought back when needed. This is due to the small size of the lot. A motion was made by Agent Wawer and seconded by Agent Staples to continue IW#462 to the meeting of May 16, 2006 at 7:00 p.m. in the Council Chambers. Vote was 7-0-0.
11. Other Business
None.
• Next regular meeting is Tuesday, May 16, 2006 at 7:00PM in the Council Chambers.
12. Adjourn: A motion was made by Agent Wawer and seconded by Agent Tallarita to adjourn the meeting at 8:57 p.m. Vote was 7-0-0.
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: 5/4/2006 11:49:41 AM
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