NOTICE OF ACTION
MEETING OF THE
ENFIELD INLAND WETLANDS AND WATERCOURSES AGENCY
TUESDAY, DECEMBER 19, 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 7:01 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 and Szewczak. Also present were Steven Sadlowski, Wetlands Agent, and Susan Berube, Recording Secretary.
4. Hearing(s):
IW#453 – Town of Enfield – Modification of Existing Permit – Proposed stream channel maintenance and restoration involving channel dredging and clearing, excavation and grading within 100 feet of a watercourse. Activity located on properties North of Yale Drive and East of Hillyer Drive and between Yale Drive and Broad Leaf Lanes. Map 19, Lots 153-156, 199-201, and 210-211: A motion was made by Agent Arnone and seconded by Agent Staples to continue IW#453 to the meeting of January 16, 2007 at 7:30 p.m. in the Enfield Room. Vote was 4-0-0.
A motion was made by Agent Szewczak and seconded by Agent Arnone to close the public hearing portion of the meeting at 8:02 p.m. Vote was 4-0-0.
REGULAR MEETING
1. Call to Order: The regular meeting was called to order by Chairperson Pfeifer-Hall at 8:02 p.m.
2. Roll Call: Present were: Chairperson Gretchen Pfeifer-Hall and Agents Arnone, Staples and Szewczak. 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.
- Public Participation - Issues of concern not on the agenda: No one in the audience came forward to speak.
5. Correspondence
6. Commissioner’s Correspondence.
7. Approval of Minutes –December 5, 2006: A motion was made by Agent Arnone and seconded by Agent Szewczak to approve the minutes of the meeting of December 5, 2006 with the following amendments: page 5, 3rd paragraph from the bottom, after “alternatives” add: “submitted for his review”; page 18, 4th paragraph from top, correct “se” to “see”. Vote was 4-0-0.
8. Wetlands Agent Report – October December 5 through December 18
9. Old Business
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; MAD January 9, 2007: A motion was made by Agent Szewczak to approve IW#473 with the ten standard conditions, in addition to the following numbered 11 through 18:
11. Erosion and sediment controls must be installed prior to the Wetlands Agent signing off on the building permit for the project;
12. The Wetlands Agent will not sign off on the certificate of occupancy for any building until all disturbed areas, including roof drain outlets, are temporarily and/or permanently stabilized for each lot;
13. A note shall be placed on the development plan and deed before the wetland agent shall sign off on the building permit indicating, “This lot contains 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, lawn refuse, or rubbish in or near the wetlands and no grading, filling or other modification shall be made to the portion of this lot that contains wetlands or the area within XX feet of wetlands" . Furthermore, it is the responsibility of the owner to inform all tenants or people working on the property of these conditions. All responsibility for adhering to these conditions shall fall on the applicant.
14. The permitee shall submit a best management plan including schedules of parking lot cleaning and periodic removal of any rubbish or other items from the property, maintenance of lawns and buffer plantings in the vicinity of the wetlands including fertilization and insecticide application schedules, and persons in charge of the above to contact should the need arise. This plan must be approved by the Agency and filed with the application before the Mylar’s are signed.
15. Signs marking the location of the wetlands and a warning against disturbance, as approved by the wetland’s agent, shall be installed at 50 foot increments on trees, by a licensed surveyor, at the permitee’s expense. Where no trees are present greater than 6" dbh, easement markers shall be placed on 4"x4" wooden posts to demarcate the wetlands.
16. Common Reed (a.k.a. phragmites) shall be removed from the detention pond. The permittee shall remove the Common Reed only using methods approved / recommended by the Department of Environmental Protection and / or the Connecticut Agricultural Experimental Station. The procedure involves cutting the stalks in late August, early September and applying herbicide directly into the open end of the stalk. An individual licensed in such application shall apply the herbicide. In order to successfully eliminate this vegetation the process may need to be repeated in sequential years.
17. All Engineering concerns must be addressed prior to the Wetlands Agent signing off on the building permit.
With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans entitled _________“", dated _________ Sheets 1 through 4; revised through 11/20/06; Prepared by Gary B. LeClaire, LLC. 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). Agent Szewczak then requested that additional conditions of approval be added. After consideration by the Agency members of the additional conditions, Agent Szewczak amended his motion, seconded by Agent Arnone to approve IW#473 with the standard 10 conditions in addition to the following:
11. Erosion and sediment controls must be installed prior to the Wetlands Agent signing off on the building permit for the project;
12. The Wetlands Agent will not sign off on the certificate of occupancy for any building until all disturbed areas, including roof drain outlets, are temporarily and/or permanently stabilized for each lot;
13. A note shall be placed on the development plan and deed before the wetland agent shall sign off on the building permit indicating, “This lot contains 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, lawn refuse, or rubbish in or near the wetlands and no grading, filling or other modification shall be made to the portion of this lot that contains wetlands or the area within XX feet of wetlands" . Furthermore, it is the responsibility of the owner to inform all tenants or people working on the property of these conditions. All responsibility for adhering to these conditions shall fall on the applicant.
14. The permitee shall submit a best management plan including schedules of parking lot cleaning and periodic removal of any rubbish or other items from the property, maintenance of lawns and buffer plantings in the vicinity of the wetlands including fertilization and insecticide application schedules, and persons in charge of the above to contact should the need arise. This plan must be approved by the Agency and filed with the application before the Mylar’s are signed.
15. Signs marking the location of the wetlands and a warning against disturbance, as approved by the wetland’s agent, shall be installed at 50 foot increments on trees, by a licensed surveyor, at the permitee’s expense. Where no trees are present greater than 6" dbh, easement markers shall be placed on 4"x4" wooden posts to demarcate the wetlands.
16. Common Reed (a.k.a. phragmites) shall be removed from the detention pond. The permittee shall remove the Common Reed only using methods approved / recommended by the Department of Environmental Protection and / or the Connecticut Agricultural Experimental Station. The procedure involves cutting the stalks in late August, early September and applying herbicide directly into the open end of the stalk. An individual licensed in such application shall apply the herbicide. In order to successfully eliminate this vegetation the process may need to be repeated in sequential years.
17. All Engineering concerns must be addressed prior to the Wetlands Agent signing off on the building permit.
18. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans entitled _________“", dated _________ Sheets 1 through 4; revised through 11/30/06; Prepared by Gary B. LeClaire, LLC. 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).
19. signs will be posted along wetland boundaries, indicating that snow will not be stockpiled in those areas.
20. hydro-dynamic separator as approved by the engineering department will be installed at the last catch basin before wetlands crossing to the storm water system.
21. Debris on site to be removed by hand before permit is signed. Vote was 1(Staples)- 3-0. Denied. Reason for denial was:
It is the opinion of the Agency that Prudent and Feasible Alternatives to this project are possible which would reduce or eliminate the impacts to the wetlands. The following are examples that were discussed by the Agency on how this could be accomplished:
1) By reducing the building sizes, the parking lot size can be reduced in order to eliminate or minimize the filling of wetlands and to create a larger buffer area sufficient to protect the wetlands. This is possible by:
a. Eliminating either the addition or the new building
b. Making the new building smaller by both eliminating the second floor and reducing the footprint.
c. Making the addition smaller
2) The proposed building could be designed with parking underneath to reduce the parking area and impervious surface or its shape modified to better fit the property.
3) Underground detention basins could be considered to reduce disturbance to both the upland review area and the proposed wetland (pipe) crossing.
4) By reducing building sizes, parking could be reduced to eliminate filling of wetlands and creating a larger buffer sufficient to protect the wetlands.
5) Another alternative is to leave the land in its undeveloped condition, thereby preserving the wetlands which are serving to re-charge the ground water and collecting drainage from the surrounding properties.
6) The proposed mitigation, which included cleaning the existing detention basin, is inadequate. With a smaller proposal, the applicant could have proposed removing the fill from the wetlands and restoring them.
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 Staples to approve IW#475 with the 10 standard conditions in addition to the following, as amended during discussion:
- Erosion and sediment controls must be installed prior to the Wetlands Agent signing off on the building permit for the addition;
- The Wetlands Agent will not sign off on the certificate of occupancy for the building until all disturbed areas are temporarily and/or permanently stabilized;
13. Signs marking the location of the wetlands and a warning against disturbance, as approved by the wetland’s agent, shall be installed at 50 foot increments on trees, by a licensed surveyor, at the applicant's expense. Where no trees are present greater than 6" dbh, markers shall be placed on 4"x4" wooden posts to demarcate the wetlands boundary.
14. The permitee shall submit a best management plan including schedules of parking lot cleaning and periodic removal of any rubbish or other items from the property, maintenance of lawns and buffer plantings including fertilization and insecticide application schedules, and person(s) in charge of the above to contact should the need arise. This plan must be approved by the Wetlands Agent and filed with the application before the Certificate of Occupation is issued.
15. The permitee shall consult with a Professional Engineer or other professional, as approved by the Wetlands Agent, annually for the purpose of inspecting the storm water management system, including the basins, and recommending any maintenance. Owner shall follow such recommendations in a timely manor. Any maintenance on the basins, other than minor cleaning or repairs done by hand, shall be approved by the agent before the work is started.
16. Permitee shall utilize alternate means of managing ice on the driveways and minimize the use of sand. All snow shall be stockpiled in locations approved for that use by the Wetlands Agent. Signs prohibiting snow stockpiling behind the guard rails to the rear of the parking lots shall be posted.
17. All Engineering concerns must be addressed prior to the Wetlands Agent signing off on the building permit.
18. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans entitled “Proposed Addition for U.S. Glass Distributors", dated October 25, 2006 Sheets 1-6; revised through December 10, 2006; Prepared by Pacesetter construction Corporation. 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 4-0-0. Reason for approval was that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
IW#453 – Town of Enfield – Modification of Existing Permit – Proposed stream channel maintenance and restoration involving channel dredging and clearing, excavation and grading within 100 feet of a watercourse. Activity located on properties North of Yale Drive and East of Hillyer Drive and between Yale Drive and Broad Leaf Lanes. Map 19, Lots 153-156, 199-201, and 210-211: A motion was made by Agent Szewczak and seconded by Agent Arnone to table discussion on this application to the meeting of January 17, 2006 at 7:30 p.m. in the Enfield Room. Vote was 4-0-0.
10. New Business
11. Other Business: none.
• Next regular meeting is Tuesday, January 16, 2007 at 7:30PM IN THE ENFIELD ROOM.
12. Adjourn: A motion was made by Agent Staples and seconded by Agent Szewczak to adjourn the meeting at 10:06 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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