Inland Wetlands and Watercourses Meeting
MINUTES OF A REGULAR MEETING
TUESDAY, April 15, 2008
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, April 15, 2008 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairperson Gretchen Pfeifer-Hall called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Gretchen Pfeifer-Hall, Chairperson
Ryan Bartosz, Alternate,
Karen Camidge
Michael Littlejohn, Alternate,
Robert Lemay
Douglas Maxellon
MEMBERS ABSENT:
Thomas Arnone
Michael Mosschetti, Alternate
Robie Staples
David Wawer
ALSO PRESENT: Steven Sadlowski, Wetlands Agent
Susan Berube, Recording Secretary
PUBLIC HEARING(S)
(No Public Hearings Scheduled)
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 Pfeifer-Hall and Agents Bartosz
(alternate), Camidge, Lemay, Littlejohn (alternate), and Maxellon. Also present were: Steven Sadlowski, Wetlands Agent and Susan Berube, Recording Secretary.
Agents Bartosz and Littlejohn were empowered by Chairperson Pfeifer-Hall as full voting members for the meeting.
4. Executive Session
Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements.
There were no items for discussion in executive session.
5. Public Participation - Issues of concern not on the agenda:
No one in the audience came forward to speak.
6. Correspondence :
Eleven items of correspondence were received:
· Letter dated 4/08 from “1,000 Friends” requesting a contribution
· Copy of email and response from Mr. Sadlowski to Mr. Alsbaugh, dated 04/02/08 regarding raised bill 362;
· Copy of letter dated 04/03/08 from Mr. Sadlowski to Mr. Tim Fortune regarding conditions of approval not in compliance at the site on Steele Road;
· Letter dated 04/03/08 from Mr. Sadlowski to Kathleen Pelligrinelli regarding organic wasted dumped at 10 Pilgrim Circle
· Letter dated 04/03/08 from Mr. Sadlowski to Michael and Leeann Littlejohn regarding organic waste dumped at 12 Pilgrim Circle;
· Letter dated 04/08/08 from Mr. Sadlowski to Steven and Dawn Boucher regarding organic waste dumped at 4 Pilgrim Circle;
· Memo dated 04/07/08 from Mr. Sadlowski to IWWA regarding drainage improvement funding in the coming budget years;
· Letter dated 04/09/08 from Mr. Boucher, 4 Pilgrim Circle and response from Mr. Sadlowski dated 04/15/08 regarding organic waste at the Steele Road construction site, as well as 4 Pilgrim Circle;
· Letter dated 04/03/08 from Mr. Sadlowski to Barry and Debra Berger regarding organic wasted dumped at 6 Pilgrim Circle;
· Letter dated 04/03/08 Mr. Sadlowski to Kevin and Shannon Maloney regarding organic waste dumped at 8 Pilgrim Circle;
· Vo. XX #1 issue of “The Habitat”
Chairperson Pfeifer-Hall asked if the IWWA or Mr. Sadlowski is or has been a member of “1,000 Friends”. She also noted that the organization may be more appropriate for the Conservation Commission.
Mr. Sadlowski replied that he is not a member, but will check to see if the Town has contributed in the past and have an answer for the Agency at the next meeting, May 6, 2008.
7. Commissioner’s Correspondence:
Agents Camidge and Maxellon reported that they attended a class on IWWA.
Both found the program very interesting, and Agent Camidge especially appreciated the explanation of wetlands, and the review on mapping and guidelines for upland review areas and stream crossings.
8. Approval of Minutes – April 1, 2008:
A motion was made by Agent Maxellon and seconded by Agent Lemay to table vote on the minutes of the meeting of April 1, 2008 until the meeting of May 6, 2008.
9. Wetlands Agent Report –April 1, 2008 to April 15:
Several outstanding issues were discussed.
Mr. Sadlowski noted that the transfer station drainage project is likely to be made a priority for the upcoming CIP funds due to a potential loss of federal funds if the project is not started soon.
He will try to ensure that the boat launch is also a priority for CIP funding.
Mr. Sadlowski also reviewed the photos of Mr. Fortune’s project on Steele Road.
He reported that some of the conservation area has been cleared. It consisted mostly of brush. He suggests that the Agency require that the area be re-planted per soil scientist Michael Gragnolati’s recommendations. He asked if the Agency preferred to have Mr. Fortune return to the IWWA or to have the soil scientist create a planting plan.
Agent Littlejohn stated that he is familiar with this area. The Town had planted trees there several years ago, which were removed by Mr. Fortune.
He also noted that the residents on the other side of the watercourse have had water problems since the trees were removed.
He added that Mr. Fortune clear cut trees, not just brush.
Agency members reviewed the aerial photo, taken prior to the cutting.
Chairperson Pfeifer-Hall asked if the area had been flagged.
Mr. Sadlowski replied that it should have been, but he was not sure how deep into the property the applicant had gone.
He added that he had met with Mr. Fortune last fall, before the first house was started, but had not met with him again until this spring. He also stated that he has driven by the site numerous times and from last fall until just a few weeks ago, no work had been done on the property.
Agent Littlejohn noted that the applicant has been very aggressive with cutting and wonders why the applicant had sent the surveyor back out to the site recently. He asked what will be done, to correct the damage.
Mr. Sadlowski replied that the area needs to be brought back to the condition that it was prior to the clearing.
Agent Littlejohn again stated that more than brush was cut; there were trees there, as well.
Chairperson Pfeifer-Hall asked about the erosion/sediment fence shown in the photo.
Mr. Sadlowski replied that the fencing was installed after the clearing took place.
Agent Littlejohn asked how far the fencing should go; it is only installed around 1/4th of the perimeter.
Mr. Sadlowski replied that it needs to surround the perimeter but added that Mr. Fortune is not working in some of the rear areas yet.
Chairperson Pfeifer-Hall noted that the applicant needs to follow the permit conditions. If the conditions state that the entire perimeter needs to be silt fenced, then it should all be silt fenced.
She added that she feels that Mr. Sadlowski needs to write a stronger letter, conveying that Mr. Fortune is in violation of his permit and needs to create a plan for re-planting the conservation easement area and come before the Agency.
Agent Maxellon noted that he has been a member for only approximately 5 meetings and this is the 2nd time that there has been an issue with conditions of approval not being followed.
He feels that there seems to be procedures missing, where a check list needs to be followed, much like that for the building permit process.
Mr. Sadlowski agreed but noted that the applicant appeared to be following the plans up until very recently.
He added that, generically speaking, there may be 10 or 15 projects going on at any one time. It is impossible for him to go all over town to inspect these projects while keeping up with paperwork and other requirements in the office.
Chairperson Pfeifer-Hall stated that this was a difficult application, from the start. The public hearing had to be extended because the applicant did not have the information that the Agency had requested.
She added that some cases require extra attention.
She also noted, in conjunction with Agent Maxellon’s comments regarding procedures, that there are some procedures in place. These include the ART meetings and the site inspection conducted by the Agent prior to construction.
Agent Maxellon stated that it would seem that the flagging should be done first and verified by staff. There should be a town official that oversees these items.
Agent Littlejohn stated that the neighbors of the site are not happy with the letters that they received from Mr. Sadlowski. He also asked if the one house on the Steele Road site has received a Certificate of Occupancy.
Mr. Sadlowski replied that it has.
Agent Littlejohn stated that the homes located behind the new house have a great deal of flooding. There are piles of brush and car parts at the end of this new house lot and he asked if this should be cleared by Mr. Fortune.
Mr. Sadlowski stated that it should already have been cleared. He will inspect the site again.
Agent Littlejohn stated that Mr. Sadlowski has permission to pass through his property to get to the site. Debris is causing water to back up and is not able to drain.
Mr. Sadlowski reiterated that he had checked the area last fall but will check it again.
Chairperson Pfeifer-Hall stated that she would like to review the conditions of approval.
Agent Camidge asked if Agency members have permission to enter the property, or is it limited to Mr. Sadlowski.
Chairperson Pfeifer-Hall stated that as long as a permit remains open, the Agency members have permission to enter the property but should inform Mr. Sadlowski prior to doing so.
10. Old Business
a. IW-507 – Phillip G. Seidel – Construction of a new home within the Upland Review Area. 318 North Maple Street (Map 80, Lot 36) Zoned R33. Received March 25, 2008, Accepted April 1, 2008, PPE April 15, 2008, MAD June 4, 2008:
Mr. David Palmberg, land surveyor, represented the applicant.
Mr. Palmberg briefly reviewed the proposed plan for a single family home located on a parcel at 318 North Maple Street. The site is just under 3 acres, on the east side of North Maple Street.
The proposed home will be for the applicant’s mother. It will be served by private well and public sewer.
Wetlands delineations were made by soil scientist Michael Gragnolati. Wetlands located at the southeast and east edge of the property are associated with Cranberry Pond.
No work will be done within the wetlands, however, most of this rear lot is located within the regulated area.
There will be a gravel driveway extending from the existing driveway to the proposed house. There will be clearing only for the associated grading.
Erosion and sediment controls will be placed at the limits of construction.
The house will be located at the top of a knob. The land grades downward to the south and east to wetlands.
The site is currently forested in oak and pine.
The owner has walking paths and bat houses and the property is a registered national wildlife habitat and he has demonstrated that he is looking to disturb as little as possible.
The area surrounding the house will have natural vegetation and walking paths, but no “typical” landscaping or lawn area.
Minimal grading will be done for the driveway only.
Drainage flow will be overland. The gravel driveway is a permeable surface, allowing water to flow over and into it, and into the wetlands.
The house will have a deck located on the south side and will be 36’ from wetlands there, and 25’ from wetlands in the driveway area.
Chairperson Pfeifer-Hall asked if the gravel driveway will be adequate for the required emergency vehicle turn-around.
Mr. Palmberg replied that it meets the width requirement and the applicant will need to prove that the gravel driveway will hold the heavy emergency vehicles. The driveway will have 18” processed stone over the sub-grade. There will be a 12’ travel-way with a total corridor of 18’. The driveway will be located as far to the north as possible.
Chairperson Pfeifer-Hall asked why the footing drain will have such a long route to discharge, instead of a more direct route.
Mr. Palmberg explained that this is to maintain a gravity feed so that a pump system will not be necessary.
The foundation will be 6’ into the grade. The footing drain may be waived based on soil conditions. The foundation should be well above the high water table.
Chairperson Pfeifer-Hall noted that Agent Arnone had requested that rip rap be placed at the outlet of the footing drain but the plans do not reflect this.
Mr. Palmberg agreed to this as a condition of approval.
Chairperson Pfeifer-Hall stated that she had visited the proposed home site today. It is a very well kept property with a nice wooded area. She had wondered if the house could be moved forward somewhat.
Mr. Palmberg stated that it could, however, it would create a larger footprint because of the grading that would be required.
Mr. Sadlowski stated that he had also visited the property and agreed that it is a beautiful area. The pond acts as a vernal pool. He heard peepers on his visit.
He added that his only concern is to keep the house as far from the pond as possible. It looks as though it will be at least 100’ from the proposed house to the pond.
He also noted that the pond is owned by 3 different groups – the Town, the adjoining condominium association, and the landowner.
He added that the application has not yet gone before the ART and will also require a public hearing through the Planning and Zoning Commission because of the rear lot status.
Mr. Sadlowski reviewed the proposed conditions of approval with the Agency members.
Chairperson Pfeifer-Hall requested that the last sentence of number 11 (If a tree or brush needs to be removed for safety or other reasons, it shall be first be approved by the Wetlands Agent of the Town of Enfield.) be removed. She also noted a spelling error for “resources” in the previous sentence of #11.
She stated that if the owner wishes to remove a tree or brush, he should approach the Wetlands Agent who can discuss it with the chair of the IWWA at that time.
She also noted a spelling error in proposed condition #14 – “Agencies” should be changed to “Agency’s”.
A new condition was added, as number 15 to address the rip rap being placed at the outlet of the footing drain and the original #15 was changed to #16.
Chairperson Pfeifer-Hall verified with the applicant that there will be no lawn. There will be only mulch, bushes and ground cover surrounding the home.
A motion was made by Agent Maxellon and seconded by Agent Lemay to approve IW-507 with the standard 10 conditions, in addition to the following, numbered 11-16:
11. Proposed clearing limits to be adhered to by this and future owners of the property. A note shall be placed on the final subdivision plans indicating, “Tree or brush cutting beyond the approved clearing limits shall be prohibited on this lot due to its close proximity to very valuable wetland recourses;
12. Owner shall transplant appropriate vegetation from the house lot to the surrounding areas, especially on the pond side where the old path or other thin spots exist. Other native plantings may also be planted to further thicken the buffer between the house and the wetland resources;
13. Owner agrees to not install lawn, but to utilize a low-impact native landscaping around the property. Chemical Fertilizers are not to be used on the property (organic types only);
14. Driveway to remain pervious – that is made of gravel or stone. Bituminous or concrete paving is not to be used without the Wetland Agency’s prior approval;
15. Stone to be placed at the outlet of the footing drain;
16. With the exception of the addition of the items stated in these conditions, this application is approved in accordance with the plans entitled “Lot Split / Special Permit Plan Prepared For Phillip G. Seidel Enfield, CT", dated February 2, 2008, Sheets 1-3; Prepared by William R. Palmberg & Son LLC Land Surveyors, 178 North Maple Street Enfield, CT. Any changes that would potentially cause greater impact to wetlands or watercourses, such as enlargement of the 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 6-0-0.
Reason for approval is that the applicant has demonstrated that the project will not adversely affect wetlands and watercourses.
11. New Business (none)
12. New Applications to be accepted
As presented by the Agent to the Agency at the meeting, if applicable.
13. Other Business
a. Discuss raised bill 362, “An Act Concerning Riverfront Protection”.
Chairperson Pfeifer-Hall explained that the Conservation Commission did not have the actual raised bill in order to be able to adequately review and discuss it. Some discussion took place but the item was tabled until the Commission’s next meeting.
Agent Maxellon announced that the bill was sent back to Committee and is considered “dead”. He did not know of any particular reason for it being sent back.
Mr. Sadlowski noted that it will likely be re-introduced at next year’s session. The Town’s agencies and commissions should still comment on the bill.
Chairperson Pfeifer-Hall noted that the bill had failed previously and understands that this is a common occurrence for raised bills.
Agent Maxellon noted that he received an email from the D.O.T. regarding the Route 190 bridge work. He asked how federally funded work is monitored.
Mr. Sadlowski replied that it is overseen by the State.
Chairperson Pfeifer-Hall added that notices are sent to the Town and the Town is invited to comment. Mr. Angus had sent letters and checked on work and made comments on several projects during his tenure in town.
Agent Maxellon noted the fact that only the State is exempt from the IWWA permit process; even the federal government needs to come before the IWWA.
Chairperson Pfeifer-Hall asked Mr. Sadlowski to check to see if federal funds are being used on the Route 190 bridge project and also to check the project itself.
Mr. Sadlowski stated that he will do so. He is unsure of the details of the project since it has been in the planning stages for 5 years or more. He will confer with Mr. Alsbaugh and Mr. Giner for plans and details.
Agent Maxellon wondered about several members who do not regularly attend the IWWA meetings.
Chairperson Pfeifer-Hall stated that she has spoken about this problem to the Town Manager and members of the Town Council on numerous occasions.
• Next regular meeting is Tuesday, May 6, 2008 , 2008 at 7:00PM in the Council Chamber.
Chairperson Pfeifer-Hall stated that she will not be in attendance at the meeting of Tuesday, May 6, 2008.
14. Adjourn:
A motion was made by Agent Camidge and seconded by Agent Littlejohn to adjourn the meeting at 8:04 p.m. Vote was 6-0-0.
Respectfully Submitted,
__________________________________
Robert Lemay, Secretary