MEMBERS PRESENT: Chairperson Elizabeth Warren, Audrey Delnicki, Philip Forzley, William Grace, Carol Heffler, Barbara Kelly, Richard Muller, Jack Phillips and Audrey Wasik
ALTERNATES PRESENT: Donald Gates
STAFF PRESENT: Jeffrey H. Folger, Environmental
Planner/Conservation Officer
Debbie Reid, Recording Secretary
Mr. Steve Bennett from UTC Fuel Cell came before the Commission to give a presentation and slide show of the constructed swale at 195 Governors Highway.
ITEM: Correspondence
There will be four DEP workshops held in October and November. These sessions will be regarding invasive species. Jeff will e-mail everyone on the Commission the exact dates and times.
ITEM: Conservation Commission
Jeff displayed the markers that will be placed on the face of catch basins in the areas of Farnham Estates, Benedict Drive and Quarry Brook Drive. He also stated that brochures will be distributed.
ITEM: New Business
Appl. #03-28P – The Shops at Evergreen Walk
Motion to: move that this Agency find that, based upon the record before us as a whole, the developers conduct, as proposed in this application, 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.
Was made by Commissioner Phillips
Seconded by Commissioner Wasik
Commissioner Phillips stated that the intervenor did bring up some good point to improve the project. The various discussions between all the experts that were involved have lead to an improvement of the project over what was initially
proposed, but Commissioner Phillips felt that this project did not meet the standard of being reasonably likely to cause unreasonable harm
Commissioner Wasik stated that she felt the intervenor has expressed more concerns then presenting anything that would show this application is likely to cause harm.
The motion: carried
The vote was as follows: unanimous
Motion to: approve with conditions appl. #03-28P – The Shops at Evergreen Walk – Buckland Road – Inland Wetland/Conservation Commission application to construct a multi-building retail complex, parking lots, stormwater structures, and associated improvements on property located westerly of Buckland Road, and northerly of Smith Street, GD, Gateway Development zone.
Was made by Commissioner Forzley
Seconded by Commissioner Wasik
Said approval being based upon:
Compliance with the regulations of the South Windsor Inland Wetlands Agency/Conservation Commission;
A consideration of the statutory factors contained in C.G.S. Section 22a-41; and
A finding that no prudent and feasible alternatives exist to the proposed application.
Commission members discussed in length the monitoring period for the wetlands. It was felt that a five-year monitoring period would be more beneficial then the usual three-year monitoring period.
Motion to: amend the conditions to include monitoring the quality of wetlands for a minimum of five years.
Was made by Commissioner Phillips
There was a discussion on the appropriateness of adding this as an approval condition. Attorney Guliano added that any evaluation be based on objective standards that can document existing conditions and future conditions.
Commission Heffler said that the Commission members should vote against approval of this application if anyone feels the testimony heard does not meet what they feel is expected.
The motion: failed (no second)
Commissioner Wasik stated that she feels the applicant has done their best to protect the wetlands. They have showed willingness to work with the Commission and have made their plan better throughout the process.
Commission members decided that Jeff should monitor the effects of wetlands.
Commissioner Kelly felt a condition should be included in the approval regarding the soils and potential contaminates.
Commissioner Muller stated he felt the applicant made good compensation for disturbances by including the riparian buffer.
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 September 17, 2008. 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.
A contact person shall be identified on the plans.
The rain gardens shall be constructed with the supervision and installation approved by Dr. Clausen.
We recommend a bond in the amount of $60,000 be submitted to the Planning & Zoning Commission to ensure compliance with the Erosion and Sedimentation Control Plan.
We recommend a bond in the amount of $50,000 to ensure the installation and the establishment of the stormwater structures, to be held for five growing seasons to assure adequate establishment of the vegetation.
We recommend a bond in the amount of $5,000 to ensure the establishment of wetlands creation, to be held for five growing seasons to assure adequate establishment of the vegetation.
Maintained landscape area adjacent to Deming Street within the 330 foot buffer can be used for aesthetics or passive recreation and shall be placed on the plans.
Phasing of the grading activities through the site in relation to the interior erosion control measures, should be consistent with the proposed plan. If there are substantial changes in that phasing, based on contractor input, an alternative erosion and sedimentation control plan must be developed and approved by this Commission.
The establishment of the riparian buffer, 330’ from the center of the stream channel must be in place prior to:
a) Any other applications on the site coming before the Commission
b) The approval of any building permits associated with the project and
c) Within 6 months of a Planning & Zoning Commissions approval on the site
Any onsite topsoil that is to be used for landscaping, stormwater structures or for the mitigation area must be tested for contaminants consistent with the historical agricultural use.
Management of any soils contaminated with pesticides will be managed in accordance to the State regulations.
15. Documentation for the riparian buffer will be prepared and executed in a format acceptable to the Town Attorney’s Office.
The motion: carried
The vote was as follows: unanimous
Appl. #03-35W – Town of South Windsor
Attorney Guliano stated that Attorney Fahey would be sitting on this application and would be representing the Town.
Motion to: move that this Agency find that, based upon the record before us as a whole, the developers conduct, as proposed in this application, 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.
Was made by Commissioner Phillips
Seconded by Commissioner Wasik
Commissioner Phillips felt that all discussions lead to approval conditions that will be put on the main motion. He also stated that he felt the application did not meet necessary standards that would find that this application is likely to cause unreasonable harm.
Commissioner Wasik felt that the Town made a good argument in regards to their reasons of wanting to use a gravity line. All impacts will be temporary.
The motion: carried
The vote was as follows: unanimous
Motion to: approve with conditions appl. #03-35W – Town of South Windsor – Clark Street – Inland Wetland/Conservation Commission application to construct a cross-country sanitary sewer line from the Clark Street pump station east, GD, Gateway Development Zone.
Was made by Commissioner Heffler
Seconded by Commissioner Kelly
Said approval being based upon:
Compliance with the regulations of the South Windsor Inland Wetlands Agency/Conservation Commission;
A consideration of the statutory factors contained in C.G.S. Section 22a-41; and
A finding that no prudent and feasible alternatives exist to the proposed application.
Commissioner Phillips stated that all other plans considered would cross wetlands and watercourses.
Commissioner Muller felt the gravity system is the simplest and would have no long-term effects while the pump station would.
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 September 17, 2008. 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.
A contact person shall be identified on the plans.
Swamp mats to be installed at wetlands #1 and 2 to be used during construction.
Clay stops to be installed on the pipe at wetland boundaries.
Long-term maintenance regime be implemented every 2-3 years in order to eliminate woody materials and saplings from the corridor.
Riparian plantings of shrubs will be added to the restoration plan adjacent to the stream channel for a width of 50 feet.
Coir logs and matting as appropriate will be installed along the stream bank after construction to assist in stabilization of stream banks. To be monitored and approved by the Environmental Planner.
Omit the gravel road base on the wetland crossing #5 and install a manhole structure at each end of the crossing for appropriate access to the sewer line.
An evaluation be done each spring, for three growing seasons, to determine the effectiveness of the established plants. Supplemental plantings should be added if necessary.
The motion: carried
The vote was as follows: unanimous
Appl. #03-59P – Mannarino
Mr. Jay Ursery of J.R. Russo and Associates came before the Commission to represent this application. Mr. Ursery explained that the request is for a two-lot resubdivision consisting of a total of 4 acres. A single driveway will access both lots. Sanitary sewer would service both lots. Wetlands disturbance would amount to 1,050 sq. ft. An 18’ wide driveway is necessary to accommodate emergency vehicles, although if using a 12’ wide driveway there would be no impact to the wetlands.
Mr. George Logan a Soil Scientist with REMA came before the Commission. He explained to Commission members the types of wetlands found on this site, the disturbances being suggested and the type of mitigation that would take place.
Chairperson Warren asked the applicant if any type of conservation easement has been discussed to compensate for disturbances being suggested. The house and yard is very close to wetlands.
Answering questions from the Commission, Mr. Ursery explained that this site was approved in 1994 for a one-lot subdivision. The house was located in the same area as proposed for the house closest to the road in this application. That plan had no disturbance to the wetlands, and also used a smaller footprint for the proposed house. In the present application, the rear lot has a right of way and requires a certain area for the buildable square.
There was a lengthy discussion regarding the closeness of the house to the wetlands. Mr. George Logan suggested that mitigation to enhance the existing vegetation and a conservation easement be implemented.
Mr. Jay Ursery also suggested that the applicant change the footprint of the house. He stated that one large house on this parcel would not be advisable because I-291 is located to the rear and would be very noisy.
Jeff felt an 18’ wide driveway is not necessary, a 12’ wide driveway should be adequate. Mr. Ursery said he has done this type of subdivision and 12’ wide driveways were not enough according to the Fire Marshall.
Mr. Jay Ursery told Commission members that he would revisit the driveway width issue with the Town Engineer and Fire Marshall and also look at different footprints for the proposed house. Mr. Logan will look at buffer plantings.
Public
Mr. William Loehr of 707 Chapel Road came before the Commission to discuss this application. He stated that the front wetland changes year to year. Having the house that close to wetlands could create problems.
The public hearing was continued until October 1, 2003 meeting.
ITEM: Adjournment
Motion to: adjourn the meeting at 10:15 p.m.
Was made by Commissioner Phillips
Seconded by Commissioner Gates
The motion: carried
The vote was as follows: unanimous
Respectfully submitted
_________________________________ ___________________
Deborah W. Reid Date Approved
Recording Secretary
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