MEMBERS PRESENT: William Grace, Carol Heffler, Barbara Kelly and Richard Muller
ALTERNATES PRESENT: Donald Gates sitting for Elizabeth Warren
STAFF PRESENT: Jeffrey H. Folger, Environmental Planner/Conservation Officer
Debbie Reid, Recording Secretary
ITEM: Conservation Commission
Major Michael Donnelly Property
Jeff explained that the rest of the trail (eastern edge of pond) would be getting cleared on July 22, 2004.
ITEM: Wetland Officer’s Report
There have not been any major problems due to the rainfall.
Barbara Hill Road
The road should be getting repaired so it drains runoff adequately to the catch basins. In the last rainstorm, there were not any problems. Mr. Kochanski will be installing erosion controls.
ITEM: Public Hearing
Appl. #04-37P Visions Salon & Spa
Attorney Guliano explained that he has reviewed the petition to intervene by The Pavilions at Buckland Hills, LLC. He does have two recommendations. The first is to determine whether the applicant has any objections to the petition; and the second is to have the name of the consulting firm that provided information that resulted in the petition being filed.
Attorney King stated that although he does not feel that information is necessary; the intervenor will provide the requested information.
Mr. Peter DeMallie from Design Professionals, Inc. who is representing the applicant stated that they had no objection of having The Pavilions at Buckland Hills, LLC intervene on this application.
Motion to: accept the petition with conditions from Pavilions at Buckland Hills, LLC to intervene on appl. #04-37P – Visions Salon & Spa, 207 Buckland Road.
Was made by Commissioner Kelly
Seconded by Commissioner Grace
The motion: carried
The vote was as follows: unanimous
Mr. Peter DeMallie explained that the plans have been revised and there has been communication received from the intervenor. Ms. Karen Isherwood will review engineering aspects of this plan.
Ms. Karen Isherwood, a Project Engineer with Design Professionals, Inc. came before the Commission. She explained that many issues were taken care of by providing additional contours, additional spot grades of the parking area, and specifying in more detail how the catch basins will be installed at the corner for the contractor to allow sheet flow to occur and enter the infiltration basin. There was more infiltration promoted in the small basin area by relocating the under drain closer to the parking area and also setting the elevation much deeper to allow soils to infiltrate more readily. The basin is small, only one foot in depth. Any overflow from the larger storm events will come to the catch basins and enter the pipe storm drainage system that bring it to Evergreen Walk. A foundation drain has been added
to the plans. Other contour and grading issues on the site have been also addressed. The Environmental Planner has been added to the plans. Ms. Isherwood stated she has been in contact with Michelle Carlson who had handled much of the drainage on Evergreen Walk. Ms. Carlson explained that although the drainage calculations for Evergreen Walk did not include the .92 acres when designing the system, it is sized appropriately to handle the drainage on the Visions site with no negligible increase.
Mr. Jeff Folger stated that this site has 4’ sumps incorporated into the catch basin for additional storage of sediment. Three trap hoods are on the catch basins that are closest to the exit. This site drains to detention basin #4, which has the long grass swale with a water quality basin in it. Mr. Folger felt that the stormwater off of this site is being managed appropriately and will exceed requirements of the State of Connecticut of 80% removal of total suspended solids.
Intervenor
Attorney John King came before the Commission to address Mr. David Nymans concerns:
#3 – The Visions site will be graded in such a manner that the eastern parking lot will be below the existing wetland. The effect of this grading on the wetland hydrology has not been addressed.
#8 – Infiltration basin – This will only serve a portion of the parking area. How will treatment be provided for the remainder of the parking area.
#9 – Infiltration basin – would it be more feasible to design for greater infiltration stormwater or provide for another means more effective.
#10 – Soil borings conducted at this building location indicate ground water levels approximately five feet below existing ground. If these conditions prevail at the location of the infiltration bed, then the facility may serve as a groundwater drain rather than as an infiltration device. This issue should be addressed.
#11 – Does Evergreen Walk have the capacity to manage the stormwater runoffs from the Visions site?
Ms. Karen Isherwood responded to the Intervenors concerns:
#3 – Mr. Ed Powlak represented that in his professional opinion that the drainage swale located to the north exists because of the stormwater drainage system easterly in the roadway, that was the primary runoff. The creation of that wetland and its function and values exist due to storm events.
#8 – Infiltration basin – The overflow will enter the pipe storm drainage system, enter a sedimentation chamber at the last catch basin structure into a swale, and enter detention basin #4 for an elongated period of time. These measures will take care of treatment for the Evergreen Walk development and Visions Salon & Spa. Michelle Carlson assured her that this basin has the capability to handle the volume of runoff and the ability to treat it.
#9 – Infiltration basin – this was designed to be a landscape feature and will provide the infiltration functions that were requested by Town Staff.
#10 – Soil borings conducted at the building location show groundwater levels approximately five feet below existing ground. These borings were done in late spring, so this is an indication of what the highest seasonal groundwater will be. The development should not impact any of the groundwater any more than the existing foundation and its foundation drainage.
#11 – The proposed storm drainage system was greatly oversized and has the capacity for the runoff on this site. Jeff Doolittle, the Town Engineer, will review and approve these numbers.
Answering questions from the Commission, Jeff explained that the Visions Salon & Spa is a .92 acre site, which is separate from Evergreen Walk. The site pre-exists the zoning.
Motion to: close the public hearing on appl. #04-37P – Visions Salon & Spa – 207 Buckland Road, GD – Gateway Development zone.
Was made by Commissioner Kelly
Seconded by Commissioner Grace
The motion: carried
The vote was as follows: unanimous
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 resource of the State.
Was made by Commissioner Kelly
Seconded by Commissioner Grace
The motion: carried
The vote was as follows: unanimous
Motion to: approve with conditions appl. #04-37P – Visions Salon & Spa – 207 Buckland Road – Inland Wetland/Conservation Commission application for the construction of a 9,000 square foot commercial building, parking lots, stormwater structures and associated improvements on property located westerly of Buckland road. GD – Gateway Development zone.
Was made by Commissioner Kelly
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 July 21, 2009. 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.
Formal verification regarding the adequacy of basin #4 on the Evergreen Walk site to receive storm water from this site be reviewed and approved by the Town Engineer.
We recommend a bond in the amount of $5,000 be submitted to the Planning & Zoning Commission to ensure compliance with the erosion and sediment control measures.
We recommend a bond in the amount of $5,000 be submitted to the Planning & Zoning Commission to ensure the establishment of the stormwater structures.
The Environmental Planner, Town of South Windsor should be noted on the appropriate places on the plan.
Seconded by Commissioner Muller
Commissioner Kelly stated that the changes that have been made address all outstanding issues on this application.
Commissioner Muller felt that because of the intervenors expertise, a better plan was developed. There is no significant impact to the wetlands or watercourse by this project.
Commissioner Heffler stated that there is no negligible impact on the overall site and stormwater has been managed appropriately based on the information presented.
The motion: carried
The vote was as follows: unanimous
Appl. #04-38P – LA Fitness – 151 Buckland Road
Acting Chairperson Heffler stated that the first order of business is to make a decision on the intervenor petition. She asked if the intervenor is agreeable in providing the name of the consulting firm that provided information which lead to the petition being filed.
Attorney King said that the intervenor would provide that information but felt it is not legally required.
Commissioner Heffler then asked the applicant if they had any objections to the petition to intervene?
Attorney Charles Ray from McCarter & English stated that the applicant feels strongly that the intervenor is using section 22A-19 to delay completion of the project, cost the developers extra money and to entice tenants to come to or remain at Buckland Hills Mall. The section of 22A-19 was not intended to be used for these purposes so that applicant feels intervention should be denied. Attorney Ray spoke of the various comments that were discovered through e-mails that were produced within Pavilions and General Growth Management.
Attorney King responded by explaining there have been 1300 documents dealing with issues having to do with the environment. Twenty-four pages have been produced that have nothing to do with environmental or commercial motivation in connection with Evergreen Walk. These individuals that have been quoted are not decision-makers and were not involved in any aspects of this case. Attorney King stated that the intervenor disagrees with Attorney Ray’s position and has case law which supports that motivation is irrelevant in a land use dispute.
Town Attorney Barry Guliano recommended to the Commission to accept the petition to intervene.
Motion to: accept the petition, with conditions, from Pavilions at Buckland Hills, LLC to intervene on appl. #04-38P – LA Fitness – 151 Buckland Road.
Was made by Commissioner Kelly
Seconded by Commissioner Heffler
The motion: carried
The vote was as follows: unanimous
Mr. Alan Lamson, President of FLB Architecture and Planning came before the Commission to represent this application. He explained that the parcel is approximately five acres and is located on the West Side of Buckland Road. The building is proposed to be 45,000 square feet with 42,000 on the ground floor and 3,000 square feet for the aerobic area. Three hundred and ten parking spaces have been provided. Stormwater drainage is generally from this site to the southwest. Sanitary sewer will be provided through the connector into the existing sanitary sewer system at The Shops at Evergreen Walk. Water and gas will be provided to this site from Buckland Road. Revised plans have been submitted which address all comments received.
Ms. Michelle Carlson from Fuss & O’Neill came before the Commission to discuss the stormwater system. She explained that all the stormwater from the parking area and roof will be collected via pipe and catch basins with four-foot sumps. Trap hoods will be placed on four of the catch basins along the main trunk line where stormwater will discharge into a sedimentation chamber prior to going through a swale, which is in excess of 450 feet long. There are five rain gardens provided on this site. A portion of an 18” pipe that runs through this site will be relocated as part of this application. It is being proposed to discharge the stormwater through a series of rip rap, grass swale, plunge pool, stone filtered berm, and the water will spread out over into the wetlands. There will be about an
acre of disturbance to the upland review area, which will be to accommodate the installation of the swale. There will be approximately 480 square feet of direct wetlands disturbance in order to install a 30-inch pipe (culvert) across a watercourse. The wetlands will need to be filled in order to facilitate the construction of an access road. The sedimentation and erosion control measures being proposed during construction are: 1) silt fence along the edge of the proposed swale preventing sedimentation from going into the drainage ditch; 2) silt fence on both sides of where the access road will be constructed; 3) a
temporary dewatering basin running north to south on the western edge of the property so
that if any storm runoff gets by, it will be collected into a basin and can leak off through a stone berm onto the remainder of the site; and 4) anti-tracking apron will be installed at the entrance to Cedar Avenue from Buckland Road. There will be weekly erosion control inspections done during the construction process. All Jeff Folger’s comments have been addressed except for number one. He would like travel time in the swale to be at 10 to 11 minutes. To achieve this the plunge pools will be constructed a little bit longer and deeper to allow the storm water to slow down.
Answering questions from the Commission, Ms. Carlson explained that trees along the upland review area will need to be cut down in order to install the swale. Stormwater analysis was done by monitoring at Clark Street and down the Podunk on Rte. 30. It was found that there is no increase that is measurable.
Ms. Penny Sharp, a Certified Wetlands Scientist came before the Commission to review the different species found at the site. After a lengthy presentation, she concluded that the activities proposed will allow the wetland to continue functioning as it currently does.
Answering questions from the Commission, Jeff Folger explained that the entire Town of South Windsor experiences some sort of soil contamination because the agricultural practices used in the past. It would be doubtful that anything that exists here would pose a public threat as a result of this application. Ms. Penny Sharp added that she felt that the new swale will be an improvement and will alleviate concerns. Runoff will not be coming from the field, it will be from the impervious surfaces on the development site, so pesticides will not be running down.
Ms. Rosemary Aldrich a Licensed Landscape Architect came before the Commission to explain the planting plan for this site.
Jeff requested that Rosemary come up with a planting scheme to add a vertical structure to the edge of the water quality swale as it heads east to west. Ms. Aldrich agreed to this and would have Jeff review after completion of the plan.
Commissioner Kelly requested that the rain gardens at this site be included in the Jack Clausen study. Mr. Alan Lamson stated that could be done.
Jeff spoke previously with the applicant regarding mitigation. One area that was identified was the poor quality of the existing watercourse. There is an opportunity to provide some stabilization in the areas where the sediment loading from the watercourse will continue. Ms. Carlson suggested that she, Jeff Doolittle, and Jeff Folger determine where this process could benefit in the field.
Mr. Dan Titus, a Project Manager with HRP Associates, Inc. came before the Commission with concerns regarding pesticides. He felt that due to past information there is a pesticide problem at this location. He stated that the Commission should be provided information from the applicant in order to review it.
Attorney King came before the Commission to review comments made by Dennis Lowry. Mr. Lowry’s main concern regarding this application is the stormwater runoff and discharge. There are other options that are available that would result in less disturbance to the upland review area. ENSR recommends a stormwater detention basin designed per the Connecticut DEP standards which could be located in the open field area adjacent to where it is being proposed. This would be a prudent and feasible alternative and would reduce impacts to wetland, watercourses and buffer areas.
Ms. Michelle Carlson responded to the intervenor by explaining that there originally was proposed a different method of handling stormwater, but after meeting with Town staff, they requested a swale.
Jeff stated that while there are merits to having a structure higher up and closer to the site, there is also a concern that water would be diverted from the northern portion of the site to the watercourse. With the proposed plan, there will be a disturbance within the forested area adjacent to the stream, but that will be temporary and once the swale is established you will get vegetation.
For the September 1, 2004 meeting, the Commission would like to see the following items addressed:
A mitigation plan should be provided to the Commission.
A soil sampling report should be submitted to the Commission.
A planting plan for the edge of the swale, adjacent to the woods should be submitted to the Commission.
The site boundary lines should be identified for this five-acre site.
Motion to: continue the public hearing on appl. #04-38P – LA Fitness – 151 Buckland Road until the September 1, 2004 meeting.
Was made by Commissioner Kelly
Seconded by Commissioner Grace
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to adjourn the meeting at 9:20 p.m.
Was made by Commissioner Kelly
Seconded by Commissioner Muller
The motion: carried
The vote was as follows: unanimous
Respectfully submitted
_________________________________
Deborah W. Reid
Recording Secretary
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