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IWA/CC 9-15-2004

MEMBERS PRESENT:        Chairperson Elizabeth Warren, Audrey Delnicki, Philip Forzley, William Grace, Carol Heffler, Barbara Kelly, Richard Muller and Audrey Wasik

ALTERNATES PRESENT:     Donald Gates sitting for John Phillips

STAFF PRESENT:  Jeffrey H. Folger, Environmental Planner/Conservation Officer
Debbie Reid, Recording Secretary

ITEM:  Correspondence and Reports

CACIWIC

A newsletter was sent to Chairperson Warren.  IWA/CC dues are to be paid, but every Commissioner should receive a copy of the newsletter.

Chairperson Warren informed Commission members that DEP would have workshops regarding River Restoration and Fisheries Habitat Enhancements.  The dates for this segment are October 16, 20, 23 and 29.

The Commission received an invitation to the Chambers Annual Meeting and Business Person of the Year Award.  It will be held on September 30, 2004 at the Mill on the River.

ITEM:  Minutes

The minutes for June 16, 2004 (with corrections), July 7, 2004 and July 21, 2004 were all approved by general consensus of the Commission.

ITEM:  Conservation Commission

Chairperson Warren told the Commission that at the Wildlife Sanctuary, all-terrain vehicles have been invading the area, especially on the sledding hill.  Commissioner Heffler will report on what was discussed at the Open Space Task Force meeting.  Commissioner Heffler explained that the Police are aware of the activities and will be patrolling the area.  A gate will be erected to try to keep trespassers out.  There was also a suggestion that the agency that stay overnight and catch the people that are out there be notified.  The riding is causing an erosion problem.

Chairperson Warren stated that the other complaint at the Sanctuary is there are people still walking their dogs there.  Jeff stated he would find out where this issue stands.

ITEM:  Wetland Officers Report

86 Riverview Drive

Jeff told Commission members that he has received correspondence from Mrs. Bowles.  The area that she had disturbed will be restored; a plan is in the works.

Major Michael Donnelly Property

A scout that was present at the last meeting has completed the portion of the trail with the boardwalks going from the pond to where the bridge crossing is going to be.

ITEM:  Public Hearing

Motion to:      change the agenda order to hear appl. #04-56W first.

Was made by Commissioner Kelly
Seconded by Commissioner Delnicki
The motion:  carried
The vote was as follows:  unanimous

Appl. #04-56W Town of South Windsor, 155 Lake Street

Mr. Jeff Doolittle, Town Engineer came before the Commission.  He explained that on Town property at Lake Street and adjacent to it, there are a number of ponds.  The first pond in this series is a man made pond, which was dug in the 1960’s.  This pond has filled in with silt from the storm drainage system, which flows into it.  The Town would like to discuss the maintenance of this area, which would include cleaning the silt out and restoring the pond to a functional condition.

Mr. Tracy LaPiene a Project Engineer for the Town explained that the Town would like to put up silt fence along the north side of the pond, strip off and stockpile the topsoil in the area to the north of the pond, and then go in there with a crane with a drag line bucket to scoop out silts into stockpiles and allowing it to dry out.  After the piles dry, we will level some of the areas where


it is necessary.  This process should take approximately 300 cubic yards.  The remaining 185 to 200 cubic yards of material will be hauled to Windsor Landfill.  The topsoil will then be loamed and seeded.  Measures will be taken to ensure this will not happen again.

Jeff told Commission members that the areas being disturbed have been disturbed in the past.  The wetland boundaries are located along the banks of the ponds.  The erosion and sedimentation measures being proposed are appropriate for the site.  The overseeding of the work area after it is done should allow machinery to get back in there and maintain it.  The wetland plants planted on the western side will provide biofiltration prior to water going into the other ponds on the site.

Answering questions from the Commission, Mr. LaPiene explained that the Town will be looking to flatten out the slope in order to make it more uniform out there.  The Town has a temporary easement down a resident’s driveway to be able to get access to the forebay for cleaning.  The Town will be seeking a permanent easement along the northerly side.

Motion to:      approve with conditions appl. #04-56W – Town of South Windsor – 155 Lake Street – Inland Wetland/Conservation Commission application for regulated activities in connection with dredging the existing pond to remove accumulated road sediments, and improvements to the Town storm drain system, property located southerly of Lake Street.

Was made by Commissioner Heffler
Seconded by Commissioner Wasik
The motion:  carried
The vote was as follows:  unanimous

Appl. #04-38P – LA Fitness

Commission members discussed whether they should accept a deposition transcript regarding pesticides into the record by the intervenor.  Tow Attorney Guliano stated that the Commission may want to accept the materials, but that doesn’t necessarily make it relevant for consideration.

Mr. Dennis Lowry from ENSR came before the Commission to make comments on behalf of the intervenor, (Attachment A).


Mr. Charles Ray came before the Commission to object to portion of the presentation that Mr. Titus would be presenting.  Materials submitted by the intervenor have to do with stockpiling and testing that has not been conducted on this site.

Chairperson Warren stated that the Commission would appreciate comments that relate to the LA Fitness site only.

Mr. Dan Titus came before the Commission.  He suggested to the Commission that they encourage the applicant to comply specifically with the guidance criteria and also require the applicant to do a sufficient amount of testing to be able to demonstrate whether or not they comply with the guidance criteria.

Answering questions from the Commission, Mr. Titus explained that the RSR is the guidance criteria used for determining the critical concentrations for human health and environment.  The soils on this site should be managed in a meaningful and professional way.  There should be some sort of plan and specifications in place in order to direct this effort.  Mr. Titus stated to the Commission that if you know the topsoil is impacted with pesticides, it is prudent not to manage this material.

Ms. Rosemary Aldrich, a Landscape Architect with Insite in Collinsville came before the Commission.  She explained that along the connector drive that comes into the western part of the site, the applicant is proposing a swale to bring stormwater down.  There has also been plant materials added along the edge and slopes of the swale.  There has been a 10-foot shelf of lawn added around the edge of the road, which will accommodate sheet drainage.  On the western side of the swale there will be a berm. The bottom of the swale will be new lawn, so the direction flow is from north to south.

Ms. Michelle Carlson, a Professional Engineer with Fuss & O’Neill came before the Commission.  She explained that Jeff, Jane Warren and herself had met with DEP to discuss stormwater management and stream bank stabilization.  The areas for stream bank stabilization have been identified.  Habitat that is providing shading or stabilization already will remain.  It is the intent of the applicant to enhance vegetation in that area.  There is approximately 54 acres in total that drains into the intermittent watercourse.  Ms. Carlson explained to the Commission the different capacities that the channel could handle from a  10-year storm to a 100-year storm.  Even during a 100-year storm event, this intermittent watercourse has more than enough capacity to handle stormwater from across the street and from this site.  Modeling has been used throughout development of this area.  Rain gardens are an added benefit to this development and will not

be used to handle stormwater.  The rain gardens are also not being used to achieve total suspended solids removal.  Detention basins are not necessary from this development.

Answering questions from the Commission, Ms. Carlson explained that the eight-acre parcel between the channel and LA Fitness has been included in the drainage calculations.

Mr. Bob Potterton, a Senior Vice President with Fuss & O’Neill came before the Commission.  He explained that the RSR’s were specifically designed to deal with releases primarily from industrial sites or from point sources such as underground storage tanks, pump storage areas, etc.  Agricultural areas are usually a different situation.  There is a low concentration over a large area, hence the RSR’s are very difficult to apply to these sites.  The guidance document is strictly used for guidance, it is not a regulation.  There is no impact associated with the groundwater.  As part of these plans, it is recommended that the soils be managed on site so that the materials are not going off in any open areas where you do not want them.

Answering questions from the Commission, Mr. Botterton felt that the risk of exposure on Commercial sites like this, is not a factor.

Motion to:      close the public hearing on appl. #04-38P – LA Fitness – 151 Buckland Road – Inland Wetland/Conservation Commission application for regulated activities in connection with the construction of an approximately 45,000 sq. ft. commercial building including parking lots, stormwater structures and associated site improvements on property located westerly of Buckland Road, southerly of Deming Street and northerly of Smith Street.

Was made by Commissioner Heffler
Seconded by Commissioner Kelly
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 resources of the State.



Was made by Commissioner Heffler
Seconded by Commissioner Kelly
The motion:  carried
The vote was as follows:  unanimous

Motion to:      approve with conditions appl. #04-38P – LA Fitness – 151 Buckland Road – Inland Wetland/Conservation Commission application for regulated activities in connection with the construction of an approximately 45,000 sq. ft. commercial building including parking lots, stormwater structures and associated site improvements on property located westerly of Buckland Road, southerly of Deming Street and northerly of Smith Street.

Was made by Commissioner Heffler
Seconded by Commissioner Kelly
The motion:  carried
The vote was as follows:  unanimous

Conditions

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.

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 30, 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.


Post construction evaluation period and stabilization of the channel be done for a three- year period to ensure the success and provide any modification necessary.

We recommend a bond in the amount of $12,500 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 $50,000 be submitted to the Planning & Zoning Commission to ensure the establishment of the stream channel stabilization and stormwater structures.

Where vegetation adjacent to the stream channel is to be disturbed as a result of the stabilization activities, a vegetative planting plan should be done in those areas or in areas where there is sufficient sunlight to support the plants.

An energy dissipater should be installed at the end of construction of the watercourse channel.

The Consulting Engineer to supervise the stabilization work within the watercourse channel.

Water quality testing should be done in the watercourse before and after construction.  Plan to be submitted to Town staff.

Rain gardens on site to be monitored.

Appl. #04-52P – Church of the Living God

Ms. Karen Isherwood from Design Professionals came before the Commission.  She explained that the building was originally constructed in the early 1990’s.  It consists of a sanctuary, which seats 550 at capacity and has 199 parking spaces.  The parcel has increased from 6 ¼ acres to 4.5 acres.  There are 4.5 acres in Manchester and 5.9 acres in South Windsor.  The addition to this building will consist of 27,000 square feet, with an additional 303 parking spaces.  Disturbance to the upland review area will be 3.7 acres.  Erosion and sedimentation control measures consist of an anti-tracking pad for the entrance at Avery Street; and anti-tracking pad for the existing parking lot; silt fencing down gradient of all disturbed areas; and hay bales to protect all catch basins.  All comments made by Town staff will be included on the final plans.

Mr. John Ianni from Highland Soils came before the Commission.  He stated that he had mapped the wetlands on this site.  The intermittent watercourse meets the statutory definition, it is not a wetland area that is draining.

Answering questions from the Commission, Ms. Isherwood explained that runoff from the roof leaders will go into the piped storm system.  All pavement will be piped directly into the catch basin which will discharge into the detention basin.  The impervious coverage in South Windsor is 64%.  There are two morning worships on Sunday morning, one on Saturday evening and one on Wednesday evening.  There is consideration of a third worship being held on Sunday morning and this is why the proposed expansion is critical.

Jeff stated that he concurs with John Ianni’s opinion that there is not any kind of ecosystem associated with this watercourse.  Jeff explained that his biggest concern is going to be containing sediments during construction.  There are measures that will be taken in order to keep this site under control unit it is stabilized.

Motion to:      approve with conditions appl. #04-52P – Church of the Living God – 199 Deming Street – Inland Wetland/Conservation Commission application for regulated activities in connection with the construction of a building addition, including parking lots, stormwater structures and associated site improvements on property located northerly of Deming Street and westerly of Avery Street.

Was made by Commissioner Heffler
Seconded by Commissioner Delnicki
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 September 30, 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.

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 removal of material from the site should proceed from north to south.  This
will serve to protect the detention basin from runoff during construction.

The location and size of stockpiles, topsoil and subsoil should be better represented on the plan.

Silt fencing should be installed along the top edge of the finished detention basin to intercept sediments.

The planting plan submitted should be approved by Town staff.

We recommend a bond in the amount of $15,000 be submitted to the Planning & Zoning Commission to ensure compliance with the erosion and sediment control measures.

ITEM:  Adjournment

Motion to       adjourn the meeting at 9:55 p.m.

Was made by Commissioner Heffler
Seconded by Commissioner Delnicki
The motion: carried
The vote was as follows: unanimous

Respectfully submitted

_________________________________
Debbie Reid, Recording Secretary