Town of South Windsor, CT Agendas & Minutes Archive

WPCA Special Meeting 7-22-03

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 1

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

Members present: Joseph Carino, Chairman; Richard Aries; Timothy Moriarty; Carol Fletterick; Robert Dickinson; Clifford Slicer, Ed Havens, Jr.

Members absent: Michael Gauthier (alternate)

Staff present: Fred Shaw, Superintendent of Pollution Control

Barry Guliano, Town Attorney

CALL TO ORDER

Chairman Carino called the meeting to order at 7:30.

Chairman Carino established the proper procedure for the meeting due to the number of applications to be considered and the number of people present. When each application is presented Fred Shaw will be asked to make an introductory statement about the application, then the meeting will be turned over to the applicant for their presentation. After this has been done anyone else in the audience who wishes to participate will be given the opportunity to do so.

ACCCEPTANCE OF MINUTES OF PREVIOUS MEETING

June 3, 2003

Chairman Carino stated Ed Havens, Jr. was incorrectly named an alternate in the minutes of June 3, 2003. Also, on page 6 in the second paragraph Chairman Carino asked for clarification of the following statement, “there was additional aquatic toxicity testing required, we found we were generating ozone gas – it is necessary to find the cause of this and some additional testing was required.” Mr. Shaw explained this was two separate things – aquatic toxicity testing is really focusing on certain elements of our waste discharge, our final effluent discharge to the Connecticut River. The ozone gas problem related to an entirely different process at the plant, this was the odor control project that we were attempting to get to work properly. The units were generating what was discovered to be ozone, and we were trying to resolve that problem. There was additional testing done by an outside industrial hygienist. These are two separate tests done to accomplish two different things. Chairman Carino also stated that an outside consultant was hired to do some special testing and it was felt that the problem was caused by a manufacturer who did the work, and he wanted to know if we are recovering any cost from the manufacturer. Mr. Shaw stated we have just received the manufacturers recommendations as to how to set up the equipment, apparently there was a difference of opinion between the design engineer and the manufacturer, so we are allowing the manufacturer to advise us how the equipment should be set up and operated. During the next four weeks the modifications to the system will be done in preparation for additional testing according to the manufacturers suggested method. On Page 7 at the top of page – third line down, “the tip fees for sludge disposal have increased by 4.3% and also the volume of sludge has increased by 10%. Capital Improvements (Account 430) it was necessary to install a lateral at the property located at 565 Foster St. Mr. Shaw went on to explain the tip fees for MDC waste disposal increased by 4.3%.

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 2

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

The total quantity of sludge increased by 10% also, these were reasons for additional costs to be budgeted. The Capital Improvements account 430 should read additional expenditures were made to install a lateral at 565 Foster Street.

Motion to approve the minutes of June 3, 2003, as amended

Motion was made by Mr. Aries

Seconded by Ms. Fletterick

The motion carried unanimously

NEW BUSINESS

GATEWAY TRUNK SEWER REVISIONS – Approval to Connect

Mr. Shaw explained this is a review of a design the Authority had previously seen and given approval for. This is the Town’s application for construction of a trunk sewer to serve the Buckland Road Wasteshed, with connection to the Clark Street Pump Station. This project was reviewed and approved in December 2002. The engineer has made a modification to the design to avoid a small wetland area. Michelle Carlson from Fuss and O’Neill was present to review and explain this change. The developer is proposing to run just over 4,000 linear feet of 12” sewer pipe that will be connected to the existing sewer on Clark Street. The prior application had a connection that went across a portion of the wetlands, the change involves going around the wetland area instead of through it. This change was done for two reasons it was done in conjunction with the DEP and to accomodate the placement of the storm-water management retention basin. Chairman Carino asked if this would change the slope of the line. Ms. Carlson explained it would not change the slope, but would add approximately 50 feet to the line. Mr. Moriarty asked how may additional manholes and clean-outs would be needed with this change. Ms. Carlson explained there would be 2 additional manholes and no clean-outs. Mr. Shaw said there is still the application pending for Inlands/Wetlands on this project, it was to be taken up on July 30, 2003. Ms. Carlson also informed the Authority that plans were submitted to Brian Murphy of the CTDEP Inland Fisheries Division for the crossing of Plum Gulley Brook. A letter from Mr. Murphy is attached (Attachment A) it states there is a time period restriction for crossing Plum Gulley, but other than that he is satisfied with the plan.

Motion was made to approve the revision of the Gateway Trunkline Sewer, as presented

Motion was made by Mr. Slicer

Seconded by Mr. Havens

Before a vote was taken Attorney Guliano asked the commission to look at a sample motion to be used when an intervenor is involved. Intervention was previously granted on this application and Attorney Guliano suggested the intervenor be given the opportunity to address the Authority. At this point Attorney Guliano handed out an informational sheet pertaining to the wording of a motion when an intervenor is involved. This motion should be made prior to the motion granting approval for the revision of the Gateway Trunkline Sewer. Attorney Guliano went on to explain that there are two separate issues to be considered when making the Motion the second issue is not considered unless

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 3

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

a finding is made with the first situation, that is if you find that the conduct being proposed here is not reasonably likely to cause unreasonable pollution then you would have a motion to that effect. It is only if you make a finding that the conduct of the applicant would be reasonably likely to cause unreasonable pollution, you would move on to the second motion and that sates is there any reasonable and feasible alternative to the activity that the applicant is proposing.

At this time Chairman Carino asked if the intervenor wished to comment. The intervenor stated they did wish to comment and introduced their consultant, Dan Titus, from HRP Associates. The comments made by Mr. Titus have to do with all the applications for Evergreen Walk that are being presented at this time. Mr. Titus is a Project Manager and Hydro-geologist for HRP Associates, a copy of the report he reviewed was handed out (Attachment C). The comments made by Mr. Titus have to do with the potential for creating incidental degradation or damage in association with the construction process of the installation of the trunk sewer line. The firm was retained by the intervenor to look at the environmental issues related to the proposed construction. Mr. Titus’s comments and presentation to the WPCA follow. Mr. Titus showed a map from the Connecticut Department of Health – EDB Pesticide Map. In the early 1980’s the Department of Health and the DEP looked at and tested some areas central Connecticut for EDB, which has been found in public water supply wells. This test was done to see what areas have been impacted by this pesticide. The area designated South Windsor, Area 2, is in the Buckland Street, Deming Street, Clark Street and Smith Street area. The trunkline sewer which is proposed exists in the middle of this EDB mapped area. The Department of Health and DEP tested in this area and found along Smith Street and Clark Street EDB. At this point HRP Associates searched the DEP files for properties in the area which had done work and encountered pesticides; they found at the Terry Office Park, on the north side of Deming Street, the engineer (Fuss & O’Neill) did an investigation pursuant to something called the Transfer Act. The Transfer Act is not relevant to the WPCA or the Evergreen Walk Project. The Transfer Act is a regulatory program that requires an affirmative investigation pursuant to the DEP regulations. This investigation was done and heptachlor expoxide, dieldrin and DDT were found in environmental media at the Terry Office Park. Mr. Titus did not feel that what was found at the Terry Office Park would result in contamination with respect to the trunkline proposal, but it was just to demonstrate that in three sides of this development area there was detection of pesticides. Mr. Titus felt it was reasonable to assume with contamination along Deming Street, Smith Street and Clark Street and the presence of tobacco barns in the middle of the proposed development area it would seem apparent that if there is contamination along the three named streets it is reasonable to assume that it is possible the development area has been impacted by pesticides. Included in the packet is a report by Fuss & O’Neill. The last page of the packet contains the General Guidance on Development of Former Agricultural Properties, dated March 1999. This was issued by the DEP and DPH jointly. These guidelines lay out the expectations of DEP and DPH with respect to pesticides in proposed developments it gives an idea of what the departments expect in terms of investigation, compliance, etc. This is only a guidance document, there are no specific regulations that

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 4

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

require investigation be done. In the opinion of Mr. Titus the last line of the first paragraph, “We expect municipal officials and site developers to consider our input together with other factors in deciding how best to handle site redevelopment projects,” DEP and DPH feel this is an important issue. The first point, bullet point item, states the DEP and DPH want the sites to be evaluated and samples of surface soil taken in areas where pesticides were applied and stored. The second bullet point item goes along and articulates exactly what it is the DEP and DPH would like developers to do, that is comply with the Connecticut DEP Remedial Standard Regulations. In this particular area with the contamination on the above named streets and the tobacco barns located in the area, it is reasonably foreseeable that these properties have been impacted by pesticides. Coupled with the general guidance document from the DEP it would appear that there is an affirmative obligation here that in terms of due diligence and good standard of care an investigation should be done to determine if pesticides have been used and whether or not they exceed the RSR standards. With respect to the trunk sewer, the development is in a small area that bridges the potentially impacted pesticide area. There are several issues to consider, the first is any excavation spoils that are generated as a result of the installation of this sewer cannot go back in the hole, if this material is impacted management requirements go beyond general construction practices. These practice state the contractor cannot spread this soil on the ground or place it somewhere else on the site. The DEP RSR’s have specific requirements for the reuse of impacted soil. Certain criteria must be met pursuant to that regulation before that soil can be reused. The second issue is when excavauion takes place there is de-watering. De-watering fluids are unlike ground water, often times the suspended sediments in the de-watering fluids contain contaminants. In this particular situation the potential for pesticides to be in the de-watering fluids is there in the absence of any testing data. Therefore, any de-watering that is done as a function of the installation of the pipe may require management practices, or even treatment that goes beyond the general construction practices. If de-watering fluids are discharged directly to the waterway or wetlands or the Town sewer system there is a potential to create a discharge that contains pesticides such as DDT, heptachlor epoxide, dieldrin and EDB. It appears that there is an affirmative obligation from a best management, good practice stand point to conduct an investigation to evaluate whether or not pesticides have been used, and if so whether or not they exceed the State’s standards. If they have exceeded the State standards there is an obligation for material management beyond general construction practices. Mr. Aries asked if the DEP had been apprised of the concerns of the consultant regarding the pesticides. Mr. Titus stated no they have not been notified directly. The firm of HRP Associates, Inc. has only recently beceome involved with this project. Mr. Moriarty asked if the location of the trunk sewer line could be shown on the DHP map. The trunk sewer line is located within the polygon that is defined as South Windsor Area 2 on the map. Chairman Carino asked if the concern was what would happen if the soil is disturbed. Mr. Titus stated yes, it is a well accepted principle in the practice of environmental investigation and remediation that soil disturbances mobilize contaminants in the water tables. Chairman Carino went on to ask, “Do you feel if the area remained in farming and the plows and cultivating equipment

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 5

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

disturb the soil, would that be any different than installing a sewer line in this area? Mr. Titus responded – it probably would not be any different. The DEP and DPH have developed the guidelines to reflect the fact that the land use is changing from agricultural to another use. This is usually the way the DEP works with properties, they normally get involved when the use of the land changes. Mr. Shaw stated DEP has reviewed the plans and has not expressed any concern with the sight. Mr. Aries asked if the plans for construction include any monitoring at this time. Mr. Shaw commented that the plans for construction activity have not been finalized at this time. Mr. Aries asked if a condition for approval could be added to cover the testing and compliance with the DEP guidelines. Attorney Guliano stated he would caution the Authority about adding this condition, and reminded the members they can only act within the limits of their own jurisdiction. Attorney Guliano went on to make the point pertaining to the guidelines was one of the reasons the DEP set forth these guidelines was because it does not get involved in agricultural land. This is a unique situation with the trunk sewer line, the DEP is already looking at these issues, and that is within their jurisdiction, due to the involvement of the ACOE. Inlands/Wetlands is also looking into this matter and it would be within their jurisdiction to require soil testing in terms of determining whether or not construction activity may affect an aquifer or affect the wetlands area. The Authority must decide if this matter is part of their jurisdiction and must understand where the guidelines come from. Chairman Carino again brought up his original opinion stating he does not believe that the installation of sewers in this area would cause any unreasonable contamination, anymore than leaving the land the way it is with the agricultural conditions disturbing the land. Chairman Carino stated he still had trouble believing the sewer line to be installed will disturb the property to the point that it will cause unreasonable pollution of the air, water and natural resources of the State. The intervenor had several comments regarding Chairman Carino’s statement. The intervenor did not feel it matters what the purpose was for the DEP to develop this policy, the fact is it was developed and their motivation for doing so irrelevant. The question before the WPCA should be is there a reasonable likelihood of unreasonable pollution, as a result of digging through these pesticide fields. The intervenor stated he thinks there clearly is, a chance for unreasonable pollution, and he also feels the standard is not to compare what is being proposed versus what is already going on.. The standard strictly is - is there a reasonable likely hood of unreasonable pollution. Chairman Carino asked the intervenor why he thinks it is unreasonable to prepare what the developer would propose to do versus if the property were left alone for farming, why do you say that we shouldn’t make that comparison? The intervenor responded, because the standard is – this activity is likely to cause unreasonable pollution. Chairman Carino responded, I am asking the question more or less regarding the present use of the land. The intervenor felt that was not the standard, the issue here would be is there another way to do this so you are not causing any pollution, the intervenor feels there is. The developer would test the site and if the site were contaminated it would be managed properly during the construction phase and dealt with in the proper manner, just to ignore it and allow the contamination remain is wrong. Chairman Carino stated he did not want to ignore it, but as a general statement of what the developer proposes to do it will not be anymore detrimental than leaving it the way it is and having the farmers disturb it. The intervenor replied, “I don’t

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 6

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

know if we can say it is going to be any worse or better, we don’t know exactly how it is going to be managed and dealt with going forward.”

Mr. Aries again stated the point that the report from DEP and DPH are guidelines and the focus is the expectation that municipal officials and site developers will consider this input along with other factors in deciding how to handle site redevelopment projects, as opposed to the other factor that this land would be plowed and therefore disturbed otherwise. Mr. Aries asked if the intervenor recommended the WPCA not approve this application now, because the guidelines indicate it can be approved but should be monitored. The intervenor recommend this project not be approved until the Authority knows what is there in terms of contamination. He further stated you manage a project in different ways depending on the levels of pollution. Mr. Dickinson felt this should be left up to the Inland/Wetlands commission, as this fall within their jurisdiction. Attorney Guliano stated that is the reason he raised the issue of jurisdiction, and the group should be aware that this is something Inland/Wetlands is looking at. This is also the same argument the intervenor presented to the Inland/Wetlands commission.

Michelle Carlson had several comments to make, and they are as follows: The first being from Clark Street across Plum Gulley basically to the Evergreen Walk parcel property line is all woods, and wetlands there has been no agricultural use in this area. The Evergreen Walk property itself was the agricultural field. In the Terryville Office Park there were no pesticides found in the ground water. There were some pesticides found in the upper limits of the soil. What they have agreed to do with ECHN and inland/wetlands is any topsoil that may contain pesticides will not be kept on site or put it in a mitigation area for later use it will be tested and treated properly. Any of the soil that is dug up for the trunk sewer line will be replaced back over the trunk sewer line, anything that is deeper and would not have pesticides contained in it could be used at other places on site, but samples will be taken and checked. Ms. Carlson also made the point this is private property and they are not required to do anything, but have offered to Inland/Wetlands to test the soil that is being moved around and see that it is handled appropriately.

Mr. Aries felt the WPCA, as well as Inland/Wetlands had a responsibility to make sure pesticides do not get into potable water. He felt the Authority had an independent responsibility to be concerned about this issue, and it is essential that it is made clear to all parties involved that the Authority is committed to a site that is managed properly. Attorney Guliano wanted to make sure that the Authority understood they are only dealing with the modification to the trunk sewer line, the law is very clear that the application is taken in the manner in which it is filed. Secondly there are two things the Authority must find – the first being the issue of being reasonably likely to cause unreasonable pollution, the standard is not that it might or is possible to cause pollution, the decision must be based on the fact that it is reasonably likely to pollute – if this determination is made it is a different issue entirely.

Mr. Moriarty requested additional information be added to the original motion presented earlier by Mr. Slicer. He felt the motion should also tie in with the approval from Inland/Wetlands and approval from the DEP in regards to any and all considerations they

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 7

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

have with the Connecticut Remediation Standard. Before the previous motion could be amended, the motion regarding the likelihood to cause unreasonable pollution must be made.

Mr. Aries stated he had an issue with the procedure, he felt the previous motion should have a condition that the guidance provided by the DEP memo dated March, 1999 be considered by the developer and utilized as necessary to maintain safe and effective management of any soil affected by any pesticides.

Mr. Slicer commented he felt the sample motion provided by Attorney Guliano speaks to the issue and what the Authority knows about the developer’s conduct and what they propose to with, the safeguards being put into place to make sure any contaminants that might be there are not going to permeate the entire area. The developer has told us as far as Mr. Slicer is concerned that they are trying to act responsibly and are addressing these issues. Mr. Slicer went on to say the only area the WPCA should be concerned with is in the area involved with the trunk sewer line. Other agencies may have other comments, but it does not sound as though the developer is avoiding their responsibility, to the contrary they have stepped up to their responsibility.

Attorney Guliano reminded the Authority that the Town is the applicant for this application and he felt this provided an extra level of protection, if this is approved a private developer is not going to go on his way, the responsibility for control of this project is with the Town and it’s residents.

Motion was made that this Agency has found that, based upon the record before us as a whole, the Town’s conduct, as proposed in this application and in addition as indicated by the testimony today as to the safe practices that will be utilized to ensure a site that is managed properly for the prevention of pollution. We find that this conduct is not reasonably likely to cause the unreasonable pollution, impairment, or destruction of the public trust in the air, water or other natural resources of the State.

Motion was made by Mr. Aries

Seconded by Mr. Dickinson

The motion carried unanimously

At this time the Authority returned to the original motion regarding the approval of the change of location in the trunk sewer line. After a discussion pertaining to the modification of the motion the said motion was amended as follows:

Amendment to the motion states approval is upon the condition that safe practices and safe soil management procedures taking into account the General Guidance on Development of Former Agricultural Properties, dated March 1999 as presented by the intervenor and any other guidelines would apply in this case.

Amendment to the motion was made by Mr. Aries

Seconded by Ms. Fletterick

This amendment was carried unanimously

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 8

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

A vote on the amended motion followed:

Motion was made to approve the Gateway Trunk Sewer revisions presented tonight, as shown in Drawing No. 3, Entitled “Sanitary Sewer Trunkline, Sta. 35+50 to Sta. 48+43.05 – Town of South Windsor Gateway Trunk Sewer”, prepared by Fuss & O’Neill, Inc., Manchester, Ct., Job No. 200491.A10 Dated 8-01-02, with revisions dated 10-31-02, 11-07-02, 11-12-02, 1-30-03, 3-21-03 with the condition that safe practices and procedures will be instituted to ensure the protection against pollution, including the consideration of the “General Guidelines on Development of Former Agricultural Properties”, dated March, 1999, as presented by the intervenor this evening and any other guidelines that would apply to this development and subject to the Town of South Windsor Engineering Department.

Motion was made by Mr. Aries

Seconded by Ms. Fletterick

The motion carried unanimously

Mr. Shaw notified the Authority that a petition (Attachment C) has been presented requesting intervenor status be granted on the three applications being presented tonight. Those applications are for approval to connect to the sewerage system for the Shops at Evergreen Walk, EXPO Design Center and Eastern Connecticut Healthcare Network.

Attorney Guliano stated he has received and reviewed the verified petitions for intervenor status and it is his recommendation that intervenor status be granted on the above named applications.

Motion was made to grant intervenor status on the applications submitted this evening for connection to the sewerage system.

Motion was made by Mr. Dickinson

Seconded by Ms. Fletterick

The motion carried unanimously

Chairman Carino stated the presentation given regarding the pesticides and earth removal will apply to all the applications that are being presented tonight for the Evergreen Walk project. The presentation and discussion pertaining to the contamination and pesticides will become a part of the record of each application. Reference will be made in the discussion portion of the minutes of each application directing parties reviewing these minutes to the discussion of the Revision of the Gateway Trunk Sewer with regards to the pesticide and contamination issue. If the intervenor has new information to present to the group they will be given the opportunity to do so. Chairman Carino asked if anyone had any objections to handling the remaining applications in this matter.

Charles Ray, who was present representing the applicants of the Shops at Evergreen Walk, the EXPO Design Center, and Eastern Connecticut Healthcare Network stated the applicant consents to the procedures outlined by the Chairman and he also mentioned that the council for the intervenor was present and did not voice any objection to them.

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 9

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

SHOPS AT EVERGREEN WALK – Approval to Connect

Mr. Shaw explained to the Authority this project involves the connection of a commercial development within the Evergreen Walk area which represents roughly 297,000 square feet. There are pending applications with Planning & Zoning and the Inland/Wetlands Commission. The Town staff has looked at this project and are satisfied with the design as proposed. They are also satisfied that the Gateway Trunk Sewer has adequate capacity to handle this development.

Michelle Carlson, from Fuss & O’Neill was present on behalf of the applicant for the Shops at Evergreen Walk. There is 3,200 linear feet of mainline sewer with future connection points that will go through this development. The line will come out in three key spots, one for future development and connections to the north, another to Buckland Road which will allow for future connections for any development on the east side of Buckland Road and in addition a connection will lead to the EXPO Design Center and continue from there to Buckland Road that will also serve the areas of the Buckland Gateway Zone. This sewer line has been designed to handle both the north and south side of the development as well as the east side of Buckland Road. When completed the Gateway Trunk Sewer line will be turned over to the Town, the line within the Evergreen Walk area will remain a private line and the easements will be granted in favor of the Town. This approval will also be for the connections of all the stores involved in this project, unless there are modifications to be made to the plans in the future. Mr. Aries felt that all the language used in the first motion pertaining to consideration taken by the developer to ensure proper procedures to protect against pollution be included in this motion. Chairman Carino asked Attorney Guliano if he felt the motion to approve this connection should include all the previous approval regarding contamination. Attorney Guliano stated to reference the first motion or state the same conditions as in the first motion would be acceptable.

Chairman Carino asked if there were any comments from the audience, stating again that the previous discussion for the Gateway Trunkline Sewer regarding the pesticides and contaminants would also pertain to the discussion of the application for the Shops at Evergreen Walk. The intervenor stated he had no new comments to make on this matter.

Attorney Guliano told the Authority it was necessary to make the motion regarding the likelihood of the developer to be reasonably likely or not likely to cause unreasonable pollution before the motion to approve the connection to the Shops at Evergreen Walk can be made.

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 10

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

Motion was made that this Agency has found that, based upon the record before us as a whole, the Developer’s conduct, as proposed in this application and in addition as indicated by the testimony today as to the safe practices that will be utilized to ensure a site that is managed properly for the prevention of pollution. We find that this conduct is not reasonably likely to cause the unreasonable pollution, impairment, or destruction of the public trust in the air, water or other natural resources of the State.

Motion was made by Mr. Aries

Seconded by Mr. Havens

The motion carried unanimously

Motion was made to approve the application for the Shops at Evergreen Walk for connection to the Town’s sewerage system of commercial buildings, as shown in Drawing No. CU.1.1, Entitled “Utility Plan – the Shops at Evergreen Walk”, prepared by Fuss & O’Neill, Inc., Manchester, Ct., Job No. 2000481P10, Dated 5-08-03, with revisions dated 6-12-03, 6-26-03 with the condition that safe practices and procedures will be instituted to ensure the protection against pollution, including the consideration of the “General Guidelines on Development of Former Agricultural Properties”, dated March, 1999, as presented by the intervenor this evening and any other guidelines that would apply to this development and subject to the technical approval of the Town of South Windsor Engineering Department.

Motion was made by Mr. Aries

Seconded by Mr. Havens

The motion carried unanimously

EXPO DESIGN CENTER – Approval to Connect

Mr. Shaw explained this is another application of the Evergreen Walk development area located in the southern portion of the property. It will be a 90,250 square foot building. This project has been approved by Planning and Zoning and also the Inland/Wetlands Commission. Mr. Shaw stated the trunk sewer has adequate capacity to handle this connection.

Michelle Carlson, Fuss & O’Neill was present representing the Expo Design Center seeking approval for this connection. A portion of the Expo Design Center will be installed to Buckland Road, that will allow for future expansion on Buckland Road and will be able to service the properties in the Gateway Development Zone. Mr. Shaw’s understanding was this would be a private sewer going from the Expo Design Center. Ms. Carlson explained the intent of the installation of this line was to cross Buckland Road and provide future service to the Gateway Development Zone. Attorney Guliano suggested an easement be granted in favor of the Town.

Mr. Moriarty asked if there was still a possibility of boring under Buckland Road as opposed to digging up the road. Jay Giles of Fuss & O’Neill explained that this option was considered when it was thought a force main would be installed, but it has been decided to

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 11

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

install a gravity line in this area. The work on Buckland Road will include widening of the road and, the installation of storm drains and it would be more prudent and cost effective to install the sewer line at that time. All the Buckland Road improvements will be done at one time. The developer will turn over ownership of the sewer line to the Town and easements will be granted over the various private properties for the sewer line.

Ms. Fletterick asked if it was necessary to go back to Item C2 to modify it to cover the easement issue. Mr. Shaw explained the plan that was looked at for the Shops at Evergreen Walk did not designate the line going up Buckland Road therefore the need for an easement was not brought up at that time. In looking at the Expo Design Center, the sewer line to go across Buckland Road, it appears the applicant is saying they would like to consider the entire line as a Town sewer and this should be indicated on the plans.

Chairman Carino asked if any one in the audience had any additional comments regarding the Expo Design Center, taking into account the previous comments made in Item C1 – Gateway Trunk Sewer regarding the possibility of contamination and pollutants. The intervenor expressed the same concerns apply as previously mentioned in the application for the Trunkline sewer.

Motion was made by Mr. Aries

Seconded by Mr. Slicer

The motion carried unanimously

Motion was made to approve the application for the Expo Design Center for design, layout and connection to the Town’s sewerage system of commercial buildings, as shown in Drawing No. CG.1.2, Entitled “Topographic Map-Expo Design Center”, prepared by Fuss & O’Neill, Inc., Manchester, Ct., Job No. 00-481-X10, Dated 10-07-02, with revisions dated 10-11-02, 11-01-02, 11-13-02, 11-20-02, 11-27-02, 12-12-02, 12-31-02 with the condition that safe practices and procedures will be instituted to ensure the protection against pollution, including the consideration of the “General Guidelines on Development of Former Agricultural Properties”, dated March, 1999, as presented by the intervenor this evening and any other guidelines that would apply to this development with the following conditions: properties be properly designated, along with the ownership of the sewer line by the Town; proper easements in favor of the Town must be obtained, reviewed and approved by the Town Attorney and subject to the technical approval of the Town of South Windsor Engineering Department.

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 12

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

Motion was made by Mr. Aries

Seconded by Mr. Slicer

The motion carried unanimously

Motion was made to return to Item C2 – Shops at Evergreen Walk to amend and more properly define the ownership of the sewer line and any required easements.

Motion was made by Mr. Aries

Seconded by Mr. Moriarty

The motion carried unanimously

Mr. Aries moved to amend the previous motion of Item C2 – Shops at Evergreen Walk to add the Town will be the owner of the sewer line in Evergreen Way, Hemlock Avenue and a portion from the trunkline sewer in an unnamed street that is going through a parking lot and another portion going through an unnamed access road. The lines will belong to the Town in those road described by the stations to be named at a subsequent time. Attorney Guliano’s suggestion was to state all the main sewer lines except for the laterals will belong to the Town and appropriate easements will be provided. The following is the amended motion to Item C2 – Shops at Evergreen Walk.

Motion was made to approve the application for the Shops at Evergreen Walk for connection to the Town’s sewerage system of commercial buildings, as shown in Drawing No. CU.1.1, Entitled “Utility Plan – the Shops at Evergreen Walk”, prepared by Fuss & O’Neill, Inc., Manchester, Ct., Job No. 2000481P10, Dated 5-08-03, with revisions dated 6-12-03, 6-26-03; with the Town to be the owner of the main sewer lines in those roads described by the stations of the as yet unnamed streets, except for the laterals to each building, and appropriate easements will be provided for review and approval by the Town Attorney; and with the condition that safe practices and procedures will be instituted to ensure the protection against pollution, including the consideration of the “General Guidelines on Development of Former Agricultural Properties”, dated March, 1999, as presented by the intervenor this evening and any other guidelines that would apply to this development and subject to the technical approval of the Town of South Windsor Engineering Department.

Amended motion was made by Mr. Aries

Seconded by Mr. Dickinson

The motion carried unanimously

EASTERN CONNECTICUT HEALTHCARE NETWORK – Approval to Connect

Mr. Shaw explained this is a smaller building to be located in the northern area of the development on Deming Street. This project has received Inland/Wetlands approval and Planning and Zoning is reviewing the project tonight. The project will not connect to the Gateway Trunk Sewer line but will connect to Deming Street. Ms. Carlson explained that Deming St., Buckland St. and the ECHN building will connect to a mainline sewer that will then extend to and connect to the main sewer in Deming Street. The line that goes out to the street is adequate for any additions to the property. A jacking and receiving pit will be dug

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 13

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

and a pipe will be tunneled under Plum Gulley. Chairman Carino asked if there were any anticipated connections to that line on the property. There is a small area to the south that could potentially connect to the Deming Street line. This will remain a private line, if additional property is connected to that line an easement would be drawn up between the property owners. The Town Engineer and Mr. Shaw have reviewed this plan and are satisfied with it. This will be a straightforward gravity flow line. There will be 750 feet of sewer main on Deming Street. Jay Giles from Fuss & O’Neill commented there is one additional property on the south side that could possibly be served and he stated they would be happy to include a lateral to that property so the road would not have to be dug up for future expansion.

Chairman Carino asked if anyone from the audience had any additional comments. The intervenor stated the same concerns apply to this project as did the Gateway Trunk Sewer line project with respect to the issue of contamination and pollution.

Motion was made by Mr. Aries

Seconded by Mr. Slicer

The motion carried unanimously

Motion was made to approve the application for Eastern Connecticut Healthcare Network for connection, of approximately 750 feet, to the Town’s sewerage system of commercial buildings, as shown in Drawing No. CG.1.2 Entitled “Topographic Plan-Phase 1 – Eastern Connecticut Healthcare Network”, prepared by Fuss & O’Neill, Inc., Manchester, Ct., Job No. 00-481C10, Dated 4-04-03, with revisions dated 4-18-03, 4-24-03, 5-15-03, 5-22-03, 5-29-03, 6-03-03, 6-11-03; with the condition that safe practices and procedures will be instituted to ensure the protection against pollution, including the consideration of the “General Guidelines on Development of Former Agricultural Properties”, dated March, 1999, as presented by the intervenor this evening and any other guidelines that would apply to this development; and the installation of a lateral at Station 400, as designated on the map, and subject to the technical approval of the Town of South Windsor Engineering Department.

Motion was made by Mr. Aries

Seconded by Ms. Fletterick

The motion carried unanimously

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 14

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

CHAPEL ROAD SUBDIVISION – Approval to Connect

Mr. Shaw explained this is a 3-lot residential subdivision located on the south side of Chapel Road across from Rugby Lane. Galen Semprebon from Design Professionals was present to describe the proposed project. There is an existing town sewer within Chapel Road and it is proposed to install laterals for the 3 properties and tie into the existing sewer line. One lateral will go directly into the manhole the other two will be lateral connections into the pipe. This is a straightforward 3-lot subdivision with a gravity feed line.

Motion was made to approve the application of Terra Technologies Group, LLC & Chapel Road Group, LLC for connection to the Town’s sewerage system of a 3-lot residential subdivision to be located on Chapel Road, South Windsor, CT in accordance with Drawing No. 3, entitled “Topographic Plan – Terra Technologies Group, LLC & Chapel Road Group, LLC” prepared by Design Professionals, Inc., South Windsor, CT, Job No. 1701, dated 5-20-03, with revision dated 6-20-03 and subject to the technical approval of the Town of South Windsor Engineering Department.

Motion was made by Mr. Havens

Seconded by Mr. Dickinson

The motion carried unanimously

Motion was made to add South Windsor Technologies Center as Item C6, New Business to the agenda.

Motion was made by Ms. Fletterick

Seconded by Mr. Aries

The motion carried unanimously

SOUTH WINDSOR TECHNOLOGIES – Approval to Connect

Mr. Shaw explained to the Authority this is a proposed development in a commercial/industrial zone. When this project was originally submitted the developer was looking to install a pump station at the south end of the development. Everything could drain to the pump station in the south end and it could be pumped to Sullivan Avenue. This was a pump station that was to be turned over to the Town. The Town staff felt this was an area that should be served by the existing Town pump station on Route 5. The engineer was asked to take a look at and determine what was required for connection to the Route 5 pump station and to estimate flows. The Town would look to see if the station needed to be upgraded. The engineer has put together some flow calculations taking into consideration the permitted use of the property for both commercial and industrial development. Mr. Shaw has looked at the calculations and in his opinion the pump station can handle the flow. The Town staff reviewed the plans and did have a number of concerns.

Galen Semprebon from Design Professionals was present to review this application with the Authority. This will be a 38 lot industrial subdivision with a total of 80 acres, 45 of which are developable land. A sanitary sewer has been proposed that will run within the center of the road, except for two locations at the ends of the development where the last manhole

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 15

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

would be off the edge of the road in order to allow service to the last lots. The developer is in the process of obtaining preliminary acceptance by the Full-Line Auto property owner to allow an easement along the north side of their property to connect into a sanitary manhole that will drain into Route 5. They have spoken to the railroad and have been give preliminary approval to put the sewer across the railroad line. A cross- country sewer will be installed out to the Route 5 pump station. A 12” sewer is proposed due to the flat grade at the end of the sewer, a larger diameter sewer will help keep up the velocity of the sewage.

Mr. Moriarty asked if the developer would need conditional approval in order to proceed with proper easements with property owners, utilities, etc. Mr. Semprebon stated the developer would need an approval, in order to go forward to obtain the necessary easements and financing needed for this project. Chairman Carino felt this project should not be held up for easements if the Authority feels this is a sound plan of development.

At this point Mr. Shaw expressed the concerns of the Town staff with regards to this project.

Easements – no easement is shown on Sheet 34A for that portion of the sewer line that extends across the railroad tracks. The cross-country sewer line must have an easement in favor of the Town.

No detail on the railroad crossing. The plans were missing a lot of pages. The original plan that was submitted may contain some of the details, but none is shown on the plans submitted at this time.

An easement that crosses the property of Full Line Auto is at the corner of the building this should not be, the line should be moved away from the building.

In comparing the abutting property owners to the list there was some confusion, they did not seem to match up.

There is a lot of clay in this area, the trench detail in the original plans showed the stone being placed on the line above the pipe itself, the Town staff feels it should extend to the limit of the clay layer, and then sand above that.

Mr. Moriarty asked if the Town would feel comfortable with an approval at this time, what appeared to be a few concerns has turned out to be a large number of concerns. Chairman Carino felt the most the Authority could offer at this time was a conceptual approval.

Motion to grant conceptual approval of the basic layout for the application of South Windsor Technologies Center, LLC for connection to the Town’s sewerage system for a commercial development to be located on Patria Road, South Windsor, CT, prepared by Design Professionals, Inc, South Windsor, CT, Job. Job. No. 1253, in accordance with Drawing No. 32, entitled, “Patria Road Profile – South Windsor Technologies Center, dated 11-2000, with revisions dated 1-08-02,02-12-02, 4-11-02, 7-15-02, 7-8-03; Drawing No. 33, entitled, “Schweir Road Profile – South Windsor Technologies Center, dated 11-2000, with revisions dated 1-08-02, 2-12-02, 4-11-02, 7-15-02, 7-8-03; Drawing No. 34, entitled, “Patria Road Profile”, dated 11-2000, with revisions dated 1-08-02, 2-12-02, 4-1-02, 7-15-02, 7-8-03; Drawing No. 34A, entitled, “Patria Road Profile”, dated 7-8-03, with no revisions; based upon compliance and further discussion with Town staff before final approval is given.

WATER POLLUTION CONTROL AUTHORITY

TOWN OF SOUTH WINDSOR

MINUTES PAGE 16

SPECIAL MEETING SPRENKEL ROOM JULY 22, 2003

New Business, Continued

Motion was made by Mr. Dickinson

Seconded by Mr. Slicer

The motion carried unanimously

COMMUNICATION AND REPORTS

Chairman Carino mentioned to the Authority the Inland/Wetlands Commission will be meeting on Wednesday, July 30, 2003 regarding the Gateway Trunk Sewer Line approval

by that commission. It is not mandatory for any of the members to attend unless they wish to.

PUBLIC PARTICIPATION (Items not on the agenda) – None

BILLS, CHANGE ORDER, DISBURSEMENTS – None

UNFINISHED BUSINESS – None

MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS – None

ADJOURNMENT

Motion to adjourn was made at 10:25 by Mr. Dickinson

Seconded by Mr. Aries

The motion carried unanimously

Respectfully submitted,

___________________________

Deborah Dumas

Recording Secretary

Date Approved:____________________________