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NOTICE OF ACTION
MEETING OF THE
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, DECEMBER 5, 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 7:00 p.m.
2. Pledge Of Allegiance: The Pledge of Allegiance was recited.
3. Roll Call: Present were: Chairperson Gretchen Pfeifer-Hall and Agents Arnone, Staples, Szewczak and Tallarita. Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary.
4. Hearing(s):
IW#473 – Karios Properties, LLC – Regulated activities consisting of 2 new commercial buildings of 11,400 s.f and 12,500 s.f., and associated parking areas, drive aisles and drainage located at the rear of 155 Hazard Ave (Map 75, Lot 120), Zoned BL [Submitted October 11, 2006, Received October 17, 2006, PPE October 31, 2006; MPHCD December 13, 2006]: A motion was made by Agent Szewczak and seconded by Agent Staples at 8:45 to close the public hearing on IW#473. Vote was 5-0-0.
A motion was made by Agent Arnone and seconded by Agent Staples to close the public hearing portion of the meeting at 8:46 p.m. Vote was 5-0-0.
A motion was made by Agent Arnone and seconded by Agent Tallarita at 8:46 to briefly recess. Vote was 5-0-0.
REGULAR MEETING
1. Call to Order: The regular meeting was called to order by Chairperson Gretchen Pfeifer-Hall at 8:53 p.m.
2. Roll Call: Present were: Chairperson Gretchen Pfeifer-Hall and Agents Arnone, Staples, Szewczak and Tallarita. Also present were Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary.
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.
A motion was made by Agent Arnone and seconded by Agent Tallarita to change the order of the agenda by moving items #5 through #8 to be heard after “Old Business”. Vote was 5-0-0.
5. Correspondence:
6. Commissioner’s Correspondence.
7. Approval of Minutes –Oct. 17, 2006, Nov. 8, 2006 & Nov. 21 Meetings
8. Wetlands Agent Report – October Nov. 21 through December 4
9. Old Business
11. IW#468 – Brad Collins - Proposed 2-lot subdivision and new house construction involving grading and placement of structures within 100 feet of wetlands and watercourses. Property located at 20 Bacon Road (Map 95 Lot 2) Zoned R-44 [Submitted July 27, 2006; Received September 5, 2006; PPE September 19, 2006; MPHCD October 24, 2006; EMPHCD November 8, 2006; MPHAD December 14, 2006] A motion was made by Agent Szewczak and seconded by Agent Arnone to approve IW#468 with the 10 standard conditions, in addition to the following as modified during discussion:
11. All Engineering concerns must be addressed prior to the Wetlands Agent signing off on the building permit. Any footing drains that discharge to the surface shall be located furthest away from wetlands as possible (no direct discharge into wetlands) with outlet protection; (if needed);
12. Erosion and sediment controls must be properly installed prior to the Wetlands Agent signing off on the building permit for each lot;
13. The Wetlands Agent will not sign off on the certificate of occupancy for any lots until all disturbed areas, including roof drain outlets, are temporarily and/or permanently stabilized for each lot;
14. Those portions of the total site indicated to be a conservation easement (as amended) shall be first offered to the town as an easement or restrictive covenant. Conservation easement markers shall be installed in accordance with Town requirements, by a licensed surveyor, at the applicant's expense. Easement markers will be provided by the Planning Department. Where no trees are present greater than 6" dbh, easement markers shall be placed on 4"x4" wooden posts to demarcate the easement boundary. Should the Town Council decline the acceptance of the easement or restrictive covenant, a notification 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;
15. A note shall be placed on the subdivision plan, individual plot plans and deeds before the wetland agent shall sign off on the building permit for each lot stating: “Portions of these lots contain wetlands and watercourses and are therefore subject to the Enfield Inland Wetlands and Watercourses Regulations as amended. No removal of vegetation, disposing of leaves, grass clippings, brush or other lawn refuse, grading, filling or other modification shall be made to the portion of this lot that contains wetlands or the area within the conservation easement.
16. Furthermore, the Inland Wetlands and Watercourses Agency strongly requests that only organic fertilizer be used, as per manufacturers recommended rate and frequency, on the yard areas due to the close proximity to very valuable and sensitive wetland areas";
17. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans entitled “Site Development Plan Prepared For Brad Collins", dated June 16, 2006, Sheet 2/2; revised through November 1, 2006 ; Prepared by Sanderson & Washburn. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement of area of disturbance or reorientation of building footprints, from the plans shall require the permitee to come before the Enfield Inland Wetlands and Watercourses Agency for a Determination of Permit Need (Jurisdictional Ruling). Vote was 5-0-0. Reason for approval was that the Applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
IW#471 – Tim Fortune - Proposed 4-lot re-subdivision involving excavation, filling, grading and placement of structures within 100 feet of wetlands and watercourses. Property located at 48 Steele Road (Map 52, Lot 55 and Map 53 Lot 1) Zoned R-33 [Submitted September 13, 2006; Received September 19, 2006; PPE October 3, 2006; MPHCD November 7, 2006; EMPHCD November 21, 2006 – 14/65 days used];MPHAD December 27,2006: A motion was made by Agent Arnone and seconded by Agent Staples to approve IW#471 with the 10 standard conditions, in addition to the following, as amended during discussion:
11. All Engineering concerns must be addressed prior to the Wetlands Agent signing off on the wetland permit. Any footing drains that discharge to the surface shall be located furthest away from wetlands as possible (no direct discharge into wetlands) with outlet protection.
12. Erosion and sediment controls must be installed prior to the Wetlands Agent signing off on the building permit for each lot;
13. The Wetlands Agent will not sign off on the certificate of occupancy for any lots until all disturbed areas, including roof drain outlets, are temporarily and/or permanently stabilized for each lot;
14. Those portions of the total site indicated to be a conservation easement (as amended) shall be first offered to the town as an easement or restrictive covenant. Conservation easement markers shall be installed in accordance with Town requirements, by a licensed surveyor, at the applicant's expense. Easement markers will be provided by the Planning Department. Where no trees are present greater than 6" dbh, easement markers shall be placed on 4"x4" wooden posts to demarcate the easement boundary. Should the Town Council decline the acceptance of the easement or restrictive covenant, a notification 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.
15. A note shall be placed on the subdivision plan, individual plot plans and deed before the wetland agent shall sign off on the building permit for each lot stating: “Portions of these lots contain wetlands and watercourses and are therefore subject to the Enfield Inland Wetlands and Watercourses Regulations as amended. No removal of vegetation, disposing of leaves, grass clippings, brush or other lawn refuse, grading, filling or other modification shall be made to the portion of this lot that contains wetlands or within 25 feet of wetlands or within the conservation easement".
16. In the vicinity of the Littlejohn property, the applicant shall hire a professional to remove any invasive plants, specifically the Japanese Knot weed. Applicant to provide the plan for the removal, in the form of a written statement, to the Wetlands Official for review before any action is taken. This requirement is to prevent them from spreading to the disturbed areas related to this project.
17. Applicant to indicate the presence of Town open space on the final plan in the area of the channel crossing under Pioneer Drive. Also, the applicant to indicate in the Channel Work Notes, on the final plans, that the time frame for the work in the channel shall occur in a time of low flow, in the dry season (between July 1st and September 30th).
18. Applicant to remove all solid waste by hand, such as tires or other non-organic refuse, from the entire property before the Wetland Official will sign off on any building permit.
19. Applicant to remove lot 2 from the plans as a separate building lot and combine this land with lot 1.
20. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans entitled Re-subdivision Plan Lot 55 – Steele Road“", dated July 31, 2006 Sheets 1-3; revised through November 20, 2006; Prepared by Aeschliman Land Surveying, PC. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement of area of disturbance or reorientation of building footprints, from the plans shall require the permitee to come before the Enfield Inland Wetlands and Watercourses Agency for a Determination of Permit Need (Jurisdictional Ruling). Vote was 5-0-0. Reason for approval was that the Project, with mitigation, will not adversely affect wetlands and watercourses.
IW#473 – Karios Properties, LLC – Regulated activities consisting of 2 new commercial buildings of 11,400 s.f and 12,500 s.f., and associated parking areas, drive aisles and drainage located at the rear of 155 Hazard Ave (Map 75, Lot 120), Zoned BL [Submitted October 11, 2006, Received October 17, 2006, PPE October 31, 2006; MPHCD December 13, 2006]: A motion was made by Agent Arnone and seconded by Agent Szewczak to table discussion on IW#473 to the meeting of December 19, 2006 at 7:00 p.m. in the Council Chambers. Vote was 5-0-0.
IW#474 – Ashmead Commons – Proposed maintenance of existing retention basin involving dredging of a watercourse. Property located at 327 Brainard Road (Map 77, Lot 58), [Submitted October 12, 2006, Received November 8, 2006, PPE November 22, 2006, MAD January 12, 2006]: A motion was made by Agent Arnone and seconded by Agent Tallarita to approve IW#474 with the 10 standard conditions, in addition to the following, as amended during discussion:
11. All Engineering concerns must be addressed prior to the Wetlands Agent signing off on the wetland permit.
12. Application to provide a plan for maintenance of the drainage facilities on the entire property.
13. Applicant to re-seed and hay any disturbed areas.
14. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans entitled "Grading and Utilities Plan North Ashmead Commons Phase II", dated March 31, 1988, Sheets 5 of 11; revised through July 21, 88 as received on November 13, 2006 by the Planning Office; Prepared by Fuss & O'Neill. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement of area of disturbance or reorientation of building footprints, from the plans shall require the permitee to come before the Enfield Inland Wetlands and Watercourses Agency for a Determination of Permit Need (Jurisdictional Ruling). Vote was 5-0-0. Reason for approval was that the Applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
IW#475 – Fine Realty/U.S. Glass Distributors – Proposed addition to building with related drives, parking and drainage improvements within 100 feet of wetlands and/or watercourses. Property located at 7 Niblick Road (Map 55, Lot 8), Zoned IP [Submitted November 1, 2006, Received November 8, 2006, PPE November 22, 2006, MAD January 12, 2006]: A motion was made by Agent Arnone and seconded by Agent Tallarita to continue IW#475 to the meeting of December 19, 2006 at 7:00 p.m. in the Council Chambers. Vote was 5-0-0.
A motion was made by Agent Arnone and seconded by Agent Szewczak to change the order of the agenda and move to “Other Business” and also add an item for discussion under “Other Business” – Schedule Special Meeting for Show Cause Hearing. Vote was 5-0-0.
10. New Business
11. Other Business
A/ Election of Secretary Position: Agent Tallarita nominated Agent Arnone for the position of Secretary. Seconded by Agent Staples. A motion was made by Agent Szewczak to close nominations. Vote to elect Agent Arnone as Secretary due to the resignation of Agent Poirot was 4-0-1 (Arnone).
B/ Appoint Steven Sadlowski as the Commission’s Authorized Wetlands Agent: A motion was made by Agent Arnone and seconded by Agent Tallarita to appoint Steven Sadlowski as the Authorized Wetlands Agent for the IWWA. Vote was 5-0-0.
C/ Special Meeting Date for Show Cause Hearing – Mastroberti: During discussion of potential meeting dates, a motion was made by Agent Szewczak and seconded by Agent Arnone to extend the meeting to 11:13 p.m. if necessary. Vote was 5-0-0. It was the consensus of the Agency members to hold a special meeting for the purpose of a Show Cause Hearing for Mastroberti on Wednesday, December 13, 2006 at 6:30 p.m.
• Next regular meeting is Tuesday, December 19, 2006 at 7:00PM in the Council Chambers
12. Adjourn: A motion was made by Agent Arnone and seconded by Agent Staples to adjourn the meeting at 11:08 p.m. Vote was 5-0-0.
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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