MINUTES
REGULAR MEETING
Thursday, November 15, 2012 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street
I. CALL TO ORDER
Chairman, Paul Smith, called the regular meeting to order at 7:30 p.m.
II. ROLL CALL
Members Present
Paul Smith, Chairman
Charles Wehrly
Kimberley Gallagher
Janis Esty
Judy Preston
Janice Holland
Members Absent
William Pollock
Charles Sohl
Brendan McKeown
Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Kathleen Noyes, Administrative Clerk
III. OLD BUSINESS
None
IV. NEW BUSINESS
#12-001 “Tractor Supply Company” Regulated Activity for Commercial Construction
401 Middlesex Turnpike (Map 52 / Lot 96)
Applicant: New England Retail Properties; Agent: James Cassidy, PE
James Cassidy, PE with Hallisey, Pearson & Cassidy of Rocky Hill, CT, represented the applicant. He explained that the applicant is looking to demolish the current facility, New England Overhead Doors, and build a new facility, Tractor Supply Company. Tractor Supply Company is a retail operation that caters to the small “gentleman” farmer who needs products to maintain a small farm such as log splitters, equestrian supplies, apparel, hardware, chainsaws, lawn mowers, PVC piping, etc. There will be no tractors on this site, but they can be ordered from this site.
P. Smith asked J. Cassidy to define “tractor.” J. Cassidy said Tractor Supply Company sells riding lawn mowers and push mowers. They are not selling commercial farming tractors. He has included a prototypical store layout with the plan. Most items are contained within the building. There will be a 15,000 square foot concrete pad of outside storage for items too big too fit into the store such as non pressure treated fencing and horse corrals.
There will be a sidewalk display area in the front of the store where items such as lawn mowers and small landscaping trailers will be stored. The products will stay out at night under a locked security system.
P. Smith pointed out that on page 3 of 4 of the APA application, the only item checked is item #2 under “not yet permitted but proposed to be an activity”, “Oil or petroleum dispensing for the purpose of retail, wholesale or fleet use.” There are attachments to the application that provide information about Hazmat protection activities. P. Smith asked about the attachment dated 1/16/2008 by Brian Spears, Safety Manager/Risk Management regarding the Tractor Supply Company’s Hazardous Materials Policy. P. Smith asked J. Cassidy to clarify if the proposal is to construct a building with all of the listed hazardous materials contained therein.
J. Cassidy said he has provided to the Commission the information he has provided to other towns where they have built Tractor Supply Companies in aquifer protection areas. He stated that all of the items such as gas, solvents, etc. would be sold in cans not in open containers as would occur at a gas station, however, cans of oil and gas would be opened and put into the tractors and mowers to demonstrate to consumers that the machines do work. There will be no repair of products on this site.
S. Prisloe said that under the APA regulations, the terminology defines the hazardous material for wholesale not retail. By the definitions established by the state, the only activity that is proposed of concern to the APA is the selling and dispensing of oil and petroleum products. The entire site is within the aquifer protection area. Soil information has been included in the IWWC application.
J. Cassidy emphasized that each manager is trained to handle hazardous materials. There is a spill prevention plan in place. If there is a spill, the managers are directed to calls Infotrac, and the hazardous chemical experts will answer questions immediately.
P. Smith asked about the need for an underground hazardous waste containment tank. J. Cassidy said there is nothing that suggests an underground containment system is necessary. If there is a release of a toxin, there is nothing to suck it up, nothing on the property to contain a spill. The quantities being sold are very small such as quart size oil it would be difficult to get them into an underground storage tank.
J. Preston discussed her concerns about the soils which are excessively well drained. Commissioners agreed that the threat of a hazardous chemical seeping into the soil is no more than the existing threat that the trucks pose in the parking lot now for the Overhead Door Company.
J. Esty asked if customers would be able to return and recycle oil. J. Cassidy said he would have to check on that.
P. Smith said the adjoining water company has to be notified via certified mail. Also, DEEP and the department of public health had to be notified a couple of weeks ago. S. Prisloe said the applicant has sent those notifications and no comments have been received thus far.
P. Smith asked S. Prisloe how much latitude the APA has in terms of permitting a new regulated activity in the APA area. S. Prisloe said the APA has to determine whether or not the activity is a regulated activity as per the APA regulations. Existing businesses that conduct regulated activities have been grand fathered. New activities of that type are not allowed in areas with no registered regulated existing activity. Commissioners need to discuss and define the definition of a regulated activity. If they decide the activity is a regulated activity, it will be disallowed. Section 4 of the regulations discusses prohibited activities, but there are exceptions in which these can be considered non-regulated activities.
P. Smith recommended that this matter be continued, that the application be accepted, and that Commissioners review this in more detail before the next APA meeting which will be Thursday, December 20, 2012 at 7:30 P.M. at the Town Hall, 1st Floor Conference Room. P. Smith suggested that Commissioners might need guidance of legal counsel for the site application
S. Prisloe said the APA needs to determine whether or not the application constitutes a regulated activity. If it constitutes a regulated activity, it will be disallowed.
MOTION to accept Application #12-001 “Tractor Supply Company” Regulated Activity for Commercial Construction; 401 Middlesex Turnpike (Map 52/ Lot 96) Applicant: New England Retail Properties, Inc.; Agent: James Cassidy, PE with further deliberation at the next regularly scheduled meeting of the Aquifer Protection Agency which will be held on Thursday, December 20, 2012, 7:30 P.M., Old Saybrook Town Hall, 302 Main Street, 1st Floor Conference Room.; MADE by K. Gallagher; SECONDED by J. Preston; VOTED IN FAVOR: J. Esty, C. Wehrly, P. Smith, K. Gallagher, J. Holland, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
Commissioners discussed whether or not it would be appropriate for the applicant to pay legal fees when the APA needs to gain a deeper understanding of its regulations. They decided that they would seek legal counsel for information specific to this application.
MOTION to impose Ordinance 71 fees for legal counsel for Application #12-001 “Tractor Supply Company” Regulated Activity for Commercial Construction; 401 Middlesex Turnpike (Map 52/ Lot 96) Applicant: New England Retail Properties, Inc.; Agent: James Cassidy, PE.; MADE by C. Wehrly; SECONDED by J. Preston; VOTED IN FAVOR: J. Esty, C. Wehrly, P. Smith, K. Gallagher, J. Holland, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
V. REGULAR BUSINESS
A. Minutes – February 16, 2012
MOTION to approve the minutes of February 16, 2012 as presented.; MADE by J. Preston; SECONDED by J. Holland; VOTED IN FAVOR: J. Esty, C. Wehrly, K. Gallagher, J. Holland, J. Preston; OPPOSED: none; ABSTAINED: P. Smith; APPROVED: 5-0-1.
B. 2013 Meeting Schedule
MOTION to approve the 2013 Aquifer Protection Meeting Schedule as presented.; MADE by K. Gallagher; SECONDED by J. Preston; VOTED IN FAVOR: J. Esty, C. Wehrly, K. Gallagher, J. Holland, P. Smith, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
C. Correspondence
D. Committee, Representative & Staff Reports
VI. ADJOURNMENT
MOTION to adjourn the meeting at 11:00 p.m. until the next Regularly Scheduled Meeting of the Aquifer Protection Agency which will be on Thursday, December 20, 2012 at 7:30 P.M. in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by K. Gallagher; SECONDED by J. Holland; VOTED IN FAVOR: P. Smith, C. Wehrly, J. Esty, J. Preston, J. Holland, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
Respectfully submitted,
Kathleen Noyes
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