Appl. #01-48P
Attorney Scott Consoli came before the Commission. He stated they would like to complete their presentation from the last meeting and then address the questions raised by Mr. Pudeler, the Engineer for the intervenor.
Commissioner Kelly stated that although she had missed the last public hearing, she has listened to the tapes.
Mr. Tim Coon from J.R. Russo came before the Commission to review the changes that have been made on this plan. He explained that the drainage has been divided into two systems. The main parking area will be on one system and a small area in front of the building and lawn area goes to the second system. The systems are equipped with a vortecnics stormwater treatment system prior to infiltration. The systems are also sized to accommodate the 100-year storm without any discharge. All discharge will be infiltrated into ground water and stormwater treatment will be provided.
Answering questions that were raised at the previous meeting, Mr. Coon explained that the site has been graded so that runoff is directed to low points within the parking area and therefore curbing is not necessary on this site.
Mr. Coon explained the process that was used to arrive at the perameter, which was used in the calculations of the infiltration system. He also explained that the infiltrator system being used has been resized in order to accommodate a 100-year storm, therefore there should not be any flooding problem.
Answering questions from the Commission, Mr. Stoeffer, Environmental Consultant for the applicant, explained that if any liquid hazardous material were dumped onto the tipping floor, there is a spill response kit that will be kept inside the building which would contain and absorb materials. Should the material get into the drain system which is connected to the sanitary sewer, there is an oil water separator device that would trap any floating or sinking material that would be deposited in that separator. DEP and Pollution Control Authority may require additional controls on this discharge.
Attorney Scott Consoli told Commission members that after the materials are separated they will be placed in containers and then moved to the building being used for storage or shipped off of the site. The containers have a cloth tarp on the top of them to keep them covered.
Mr. Coons responded to questioning by explaining that 80% of total suspended solids would be removed from the stormwater drainage system. The balance will bypass the vortex and enter into the infiltration system.
Jeff discussed the proposed plantings on the site. He agreed with the species selection, but questioned the availability of those plants to area wildlife because this will be a fairly busy operation. Perimeter plantings of similar species are important for wildlife habitat. Plantings on the slope and along the railroad right of way should also be done. Attorney Consoli suggested that when a list of plantings is decided upon, it can be given to staff for their review.
Jeff informed members that he investigated the ponded wetlands to the east of this site and adjacent to the condo complex. This area takes road runoff from Chapel Road and also has a lot of beaver activity, which has probably increased the ponding of this area. The area has probably 25+ acres of wetlands, which is 400-500 feet from the subject property. The area does have considerable wildlife benefits, but it is not felt there would be a significant impact and would not be any more disruptive to the wildlife area than any other activities that already occur on this area.
No one from the public spoke in favor of this application.
Public in opposition
Mr. Tim Starr of 178 Chapel Road came before the Commission and expressed his concerns regarding the Podunk River or any other watercourse getting contaminated because of the trucks carrying the containers may drop hazardous waste along the streets.
Mr. Karl Stoeffer said the trucks will be traveling a long distance and any liquids that may get into the container will have drained long before getting to this site. The liquid is not material that will leach any hazardous waste.
Solids that get into the stormwater management system will get trapped in the vortex unit and that system will be maintained on a periodic basis in order to keep it in good working condition. Any material that bypasses the vortechnic unit will get trapped in the infiltration system, so there are no concerns of these items getting into the Podunk River or the environment because they would be filtered out in the leaching system.
Mrs. Jack Lawton of 112 Chapel Road came to speak to the Commission. He explained that he has lived in this area all of his life and knows the amount of water that can accumulate in this area. He also stated that when a building is being demolished items seem to get left at the site that should not be there. His main concern is the Podunk and the wells in the surrounding area.
Mrs. Sue Belanger from 71 Chapel Road expressed that her concern is that materials are not checked thoroughly before coming onto this site. Attorney Scott Consoli explained that nothing can be guaranteed, but with all the safety measures that have been incorporated onto this site, there is the capability of handling them.
Mr. John Moreland from Chapel Hill Condominiums came to speak in opposition to this appeal. He questioned the Commission regarding the materials that had been plowed over the embankment. Mr. Moreland also expressed his concern regarding hazardous material becoming airborne.
Attorney Scott Consoli told Commission members that no burning will be done on this site.
Commissioner Phillips stated for the record that he had planned on asking the intervenor more questions in order to get more clarifications regarding the toxic house syndrome articles.
Attorney Consoli said that DEP has a set list of criteria that the owner/operator is required to comply with. The building will have a full negative pressure airhandling system that will filter particulates prior to the discharge from the handling system.
Brianne Lawton of 104 Chapel Hill Road asked what would happen when items get stockpiled? Attorney Consoli explained that under the DEP permit, we are to have only a certain amount of material on site at any one time.
Mrs. Jan Lawton of 104 Chapel Hill Road came before the Commission to speak in opposition to this appeal.
Mr. Mark Franklin of 120 Chapel Hill Road felt a lot of things would have to go perfectly for this not to impact the wetlands and stated he felt that is a good reason to reject this application.
There are similar facilities located in East Windsor and Suffield, but neither facility is enclosed. The operation closest to this application is in Suffield. It has been recently approved, but not constructed yet. There are outdoor facilities throughout the State that operate somewhat similarly, but not with the type of equipment or all indoor operation.
Motion to: close the public hearing on appl. #01-48P
Was made by Commissioner Heffler
Seconded by Commissioner Phillips
The motion: carried
The vote was as follows: unanimous
Appl. #01-47P Technologies Center
Mr. Peter DeMallie from Design Professionals came before the Commission to represent this application. He explained the changes that have occurred on this application as follows:
Surveyed wetland flags and located them on the map.
Submitted schedule with how much upland review and wetlands there are on each lot.
Overall watershed issue has been address.
Discharge from basins to brook has been discussed with Jeff.
Reviewed entrances/exits with public safety people. They all feel two exits/entrances are necessary for emergency purposes.
Mr. DeMallie also stated that they are proposing 1.23 acres of created wetlands as mitigation for the disturbances of the two roads. Also to be considered for mitigation is an area of 1.22 acres, which would be created wetlands.
Commissioner Warren stated that there are a couple of lots Commission members feel should be reconfigured because of the amount of potential disturbance on them. Mr. DeMallie told Commission members that there are certain lots that existing businesses are looking to add onto their lots in order to possibly expand in the future. Also there are conservation easement created on certain lots.
Jeff asked the applicant if there would be any benefit putting check dams along the ditch, or altering the drainage ditch? Mr. Ed Pawlak felt earthen berms would be adequate instead of check dams.
Answering questions from the Commission, Mr. DeMallie thought the creation of the detention basin would accomplish a corridor for wildlife, but suggested that he could work with Town Staff to be able to create what Town staff and the Commission would like.
Mr. Semprebon stated that they could work with Town staff on solutions in order to improve stream banks.
Commission members discussed at length the necessity to eliminate lots or to join certain lots together. Mr. DeMallie stated that individuals who purchase the lots would most likely do that.
Chairperson Warren felt the public hearing should stay open because some of the proposed lots cannot stand-alone.
Commissioner Heffler said each lot would have to come to us with proposal to build.
Commissioner Nicholas stated that the Commission is approving the layout of the subdivision. When buildings are to be proposed for construction, this Commission will need to see these certain lots for approval
Motion to: close the public hearing on appl. #01-47P
Was made by Commissioner Heffler
Seconded by Commission Phillips
The motion: carried
The vote was as follows: unanimous
ITEM: New Business
Appl. #02-07P
Mr. Peter DeMallie came before the Commission to represent this application. He explained that they would be extending the existing pond three acres. There will be 1.1 acres of wetland creation. There will be .0004 acres of wetlands disturbance and 1.18 acres of regulated area disturbance. The property will be on public water and public sewers.
Mr. Pawlak came before the Commission. He reviewed the condition of each wetland on the property. His opinion is that some of the previously flagged wetlands on the site should not be considered wet. Jeff concurred. He also informed members that there will be 1400 plants within the swale with a seed mix in order to create diversity.
Ms. Rosemary Aldrich a Landscape Architect came before the Commission to show members where the proposed plants are to be placed.
Jeff stated that specimen beech trees should be preserved in the area west of the swale.
ITEM: New Business
Motion to: continue the meeting past 10:30 p.m. in order to finish agenda items
Was made by Commissioner Phillips
Seconded by Commissioner Forzley
The motion: carried
The vote was as follows: unanimous
Motion to: approve with conditions appl. #02-07P
Was made by Commissioner Forzley
Seconded by Commissioner Phillips
The motion: carried
The vote was as follows: unanimous
Conditions:
1. One blueprint copy of the entire set of plans and this letter reproduced thereon, must be submitted to this Commission. This must be completed within 65 days of approval prior to any construction activity on the site. Plans submitted to Planning & Zoning Commission shall be considered having met this requirement.
2. The application shall indemnify and hold harmless the Town of South Windsor against any liability, which might result from the proposed operation or use.
3. The permit is valid for five years and shall expire on March 6, 2007. It is the landowner(s)/applicant(s) responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration.
4. All approvals required must be obtained and submitted prior to any activity on the site.
5. A contact person shall be identified on the plans.
Beech trees to be located and mapped on the plans.
Installation of plantings in the swale to be supervised by the consulting Environmental Scientist and should not be planted until weather permitting
East of the existing detention basin should be mowed only once every two years.
We recommend a bond in the amount of $5,000 be submitted to the Planning & Zoning Commission to ensure compliance with the Erosion and Sedimentation Control Measures.
We recommend a bond in the amount of $10,000 be submitted to the Planning & Zoning Commission to ensure establishment of the swale and plantings.
ITEM: Old Business
Commissioner Phillips felt based on the lack of conflicting expert testimony, the intervenor did not meet their burden of proof in demonstrating an unreasonable pollution, impairment, or destruction of wetlands or wetland resources under the Commission
Commissioner Heffler stated that she agreed that based on the evidence presented by the intervenor, there was no support to the claims of unreasonable pollution, impairment, or destruction to the wetlands or other resources under the Commissions jurisdiction pursuant CGS Section 22a-19. She further stated the proposed site plan would not have a significant negative impact on the wetlands. She will be voting in favor of this application.
Motion to: approve with conditions appl. #01-48P
Was made by Commissioner Heffler
Seconded by Commissioner Phillips
The motion: carried
The vote was as follows: 7 to 2 with Commissioners Heffler, Phillips, Warren, Gates, Forzley Delnicki and Kelly voting in favor of this application and Commissioners Muller and Nicholson voting against approval of this application
Conditions
1. One blueprint copy of the entire set of plans and this letter reproduced thereon, must be submitted to this Commission. This must be completed within 65 days of approval prior to any construction activity on the site. Plans submitted to Planning & Zoning Commission shall be considered having met this requirement.
2. The application shall indemnify and hold harmless the Town of South Windsor against any liability, which might result from the proposed operation or use.
3. The permit is valid for five years and shall expire on March 6, 2007. It is the landowner(s)/applicant(s) responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration.
4. All approvals required must be obtained and submitted prior to any activity on the site.
5. A contact person shall be identified on the plans.
6. Additional perimeter plantings to be placed on the plans that will enhance wildlife food habitat values to be approved by Town staff.
We recommend a bond in the amount of $5,000 be submitted to the Planning & Zoning Commission to ensure compliance with the Erosion and Sedimentation Control Measures.
The permeability of the soils where the infiltration will be placed is to be verified in the field or in a laboratory and subject to approval by the Town Engineer.
Appl. #01-47P Technologies Center LLC
Commission members had a lengthy discussion regarding this application. It was decided that the Town Attorney
If the subdivision is approved as submitted, is there an implicit understanding that something can be built on any of the approved lots?
If repeated applications to develop one of these lots was denied by the Commission, could a finding of a taking be determined on an appeal?
ITEM: Adjournment
Motion to adjourn the meeting at 11:30 p.m.
Was made by Commissioner Phillips
Seconded by Commissioner Forzley
The motion: carried
The vote was as follows: unanimous
Respectfully submitted
___________________________ ________________________
Deborah W. Reid, Recording Secretary Date Approved
