PUBLIC HEARING MINUTES
APRIL 4, 2005
6:30 P.M.
SOUTH WINDSOR COUNCIL CHAMBERS
PURPOSE: TO RECEIVE CITIZEN INPUT ON A REQUEST FOR A DRAINAGE EASEMENT INTO EXISTING TOWN OPEN SPACE ADJACENT TO “MILL POND.”
The Public Hearing was called to order at 6:30 p.m. by Mayor Edward Havens. Mayor Edward Havens immediately excused himself because of a conflict of interest and stated that Deputy Mayor John P. Pelkey would take care of the proceedings. The Clerk of the Council read the Call of the Meeting (a copy of which is attached). The following Town Council members were present: Deputy Mayor John P. Pelkey, and Councillors Delnicki, Fine, Paquin, Pendleton, Prague, Streeter, and Williams. Town Manager Matthew B. Galligan and Town Attorney Barry D. Guliano were also present.
Town Manager Galligan stated that the Town Manager’s Report does highlight some if his concerns about maintenance and he would like that to go on the official record of the Public Hearing (Exhibit A). He said that rather than getting into the details, he stated that Mr. Peter DeMallie from Design Professionals was there that evening. Town Manager Galligan felt that Mr. DeMallie should make a presentation to the Council and put the mapping out.
Deputy Mayor Pelkey asked if the residents nearby were given notice. Town Manager Galligan stated that all residents were notified and the Planning Department also asked Mr. DeMallie to notify all of the surrounding neighbors under the Public Hearing.
Mr. DeMallie, Principal and President of Design Professionals Inc. introduced himself and also stated that with him is Ms. Karen Isherwood, Project Manager for this project, is also a South Windsor town resident. He explained that they are requesting that the Town Council approve a drainage easement for a detention basin to discharge into town owned land easterly of a site known as Teaberry Estates, the applicant is JMJ Construction Company.
Mr. DeMallie stated that they are proposing to discharge into an existing drainage channel, which is on Town property. It was originally designed to have the pipe work stopped on their property, but at the request of Town Staff, the design was revised to extend into the Town property.
Mr. DeMallie explained that they will be correcting an existing erosion control problem. They will be discharging less water than what currently runs off of the site into the Town property. They are adhering to the Town Policy of zero run off increase. Approximately half of the site discharges towards Town land and the other half discharges towards Route 30.
There is too high of a point in the property so Mr. DeMallie explained that their only way to discharge other than to the Town Property.
There is some debris in the area that their client is going to clean up. Teaberry Estates Association will be responsible for maintaining all of the storm drainage facilities within their development including the detention basin but also this discharge from the detention basin out into the Town owned property by virtue of an Easement if the Council were to grant it.
Deputy Mayor Pelkey asked if anyone from the audience would like to come forward.
Mr. Michael Gantick, Director of Public Works, recommended that should the Council consider giving an Easement, that the option be open to extend that Easement and the associated drainage to the toe of the slope as the regulatory agencies, i.e., Wetlands Agency and Planning and Zoning may require.
Mr. Gantick also said, that a long-term maintenance agreement be established with the Association so that it is well understood by the Association what their responsibilities will be for this type of drainage structure.
Ms. Virginia Schobinger, of 89 Quarry Brook Drive, was interested in knowing how close to the wetlands this easement would be and what effect it would have on the residents of Quarry Brook Drive. Ms. Isherwood said that due to the location of the drainage outfall it is in the wetlands and is classified as the wetlands because it is an eroding channel with the majority of it due to ground water breakthrough. Ms. Isherwood said that there should be no disturbance to the Quarry Brook area. Mr. Gantick confirmed that there should not be an impact on Quarry Brook neighborhood at this point. Mr. DeMallie added that the distance from the back of the closest house lot to the point of discharge is about 600 ft. to where they are discharging.
Deputy Mayor Pelkey asked what the elevation of the property is that is closest to where the water is going to be discharged. Mr. DeMallie stated that they are down at least 20 ft. from their property elevation.
Town Attorney Barry Guliano asked if there is in fact going to be an impact on Wetlands if there will be an application to Inland Wetlands. He was told that there is one pending.
Town Attorney Guliano said that since this does involve a drainage easement that is being sought from the Town, the Town did have an appraisal done to find the value of that drainage easement, which was done by the Town’s appraiser, T. W. Henry at the expense of the applicant, not the Town. The Town did receive the appraisal back, which shows that the value of the drainage easement that is being sought is $2,500.00. For the record, under the Town’s Charter, that will allow the Council to grant that easement by resolution. The Council does not have to go to referendum unless the value is over $15,000.00.
Ms. Donna Coro, of 46 Goose Nest, said that she knows that the easement is 2 to 3 acres of land that is supposed to be cleared for this water to run towards Lake Wood and the back of public land. She is concerned that not only water is going to be running back there, but also chemicals. She is also concerned with the amount of animals that have already been displaced. This land is public land that has walking trails that people use everyday. It is already so wet that boots are needed and one man wants to take this land and, for his profit margin, run water to the back, which will ruin the land and displace the animals even more. The land is mosquito infested and there will be standing water. Homes in Lake Wood that have never had water in their basements, now do. This water is
going to run directly towards Lake Wood and the back of public land. Ms. Coro thinks that public land is for the public not one man.
Mr. Bruce Miller, of 119 Quarry Brook Drive, he asked if after all of the rain, if the applicant had done a recent survey of the property to see exactly what the condition is in this type of “high-tide” level to see if anything is different.
There being no further discussion, Deputy Mayor Pelkey called for a Straw Vote of the audience, the results of which were as follows:
Those in favor of the Request for a Drainage Easement into Existing Town Open Space Adjacent to “Mill Pond.” – 2
Those opposed to the Request for a Drainage Easement into Existing Town Open Space Adjacent to “Mill Pond.” – 3
Due to Ms. Isherwood wanting to address the questions from the residents, Deputy Mayor Pelkey reopened the Public Hearing.
Relating to Ms. Coro’s comment about the clearing of the 2 or 3 acres of land, Ms. Isherwood stated that the only disturbance would be for the grading of the detention basin, which is required for the increase in runoff that is associated with any development. The detention basin is going to serve many features.
Ms. Isherwood also said that they don’t plan on making any significant improvements to the Town’s open space or any demolition on the site. They are seeking to fill in an existing eroding channel and stabilize the slope so that it doesn’t continue to erode from the ground water breakthrough which it is experiencing today.
Relating to Mr. Miller’s question regarding being at the site after the rain that day, Ms. Isherwood said that she has not, but she had been their many times previously.
Mr. Alan Michelson, of 18 Pintail Circle, asked that the Council please consider going out there in the morning to see the standing water that is in the basin.
There being no further discussion, Deputy Mayor Pelkey called for another Straw Vote of the audience, the results of which were as follows:
Those in favor of the Request for a Drainage Easement into Existing Town Open Space Adjacent to “Mill Pond.” – 2
Those opposed to the Request for a Drainage Easement into Existing Town Open Space Adjacent to “Mill Pond.” – 3
Respectfully submitted,
________________________________
Vanessa Perry
Assistant to the Clerk of the Council
Attachment (Exhibit A)
| 
