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IWA/CC 10-20-2004

MEMBERS PRESENT:        Chairperson Elizabeth Warren, Audrey Delnicki, William Grace, Barbara Kelly, Richard Muller and Jack Phillips

ALTERNATES PRESENT:     Donald Gates sitting for Carol Heffler

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

ITEM:  Correspondence and Reports

The 2005 meeting schedule has been submitted to the Commission, as well as the Town Hall 2005 holidays.

The Town of East Hartford has submitted to the Commission a report regarding repairs and resurfacing to Burnham Street.  Anyone who is interested can look at it.

The Commission has received in their package two lawsuits regarding L.A. Fitness from Attorney Wayne Gerlt and Pavilions at Buckland Hills.

ITEM:  Minutes

The minutes for the September 1, 2004 meeting was approved by general consensus of the Commission.

ITEM:  Conservation Commission

Major Michael Donnelly project

The trail at the Major Michael Donnelly Preserve should be complete on Friday, October 22, 2004.  The open house is schedule for Sunday, October 24, 2004 from 12:00 p.m. to 3:00 p.m. and will consist of four guided tours.  On Monday, October 18, 2004 there were 12 grass carp released into the pond.  On Saturday, October 23, 2004 there will be 100 large mouth bass released into the pond.

ITEM:  New Business

Appl. #04-58P Emerald Green Subdivision

Attorney Atherton Ryan came before the Commission to represent JMJ Construction.  This is the beginning process for an application for a three-lot subdivision.  The proposal will consist of two residential lots being accessed by a new road called Church Way.  The third lot is under design with the proposal for a Senior Resident Development, which will be requested at another time.  

Ms. Rebecca Myers, a Project Engineer with Design Professionals came before the Board to review the engineering aspects of this proposal.  She explained that both residential lots would be on public water and public sewer.  The site will drain as it currently does with the eastern half draining over land and eventually to the Mill Pond.  The western portion will drain to the Unity Church area.  Erosion and sedimentation control measures being provided are an anti-tracking apron to be used at the construction entrance, silt fencing down gradient of all disturbed areas, hay bales around the proposed storm structures, temporary sedimentation basins adjacent  to the catch basins during construction and a detention basin to the north of Church Way.  The basin for Unity Church has been designed to handle the existing flows to that area because this site currently flows to that basin.  The plantings being proposed in the basin consist of tall fesque and a seed mixture.  To avoid clogging of the infiltration capacity of the basin it is recommended to avoid adding soil amendments to the basin.

Answering questions from the Commission, Ms. Myers explained that the only wetlands on this site are in the rear of the property.  There will be no disturbance to the wetlands or the upland review area.

Jeff stated that based on the application before the Commission, the erosion controls are adequate and the basin is sized appropriately.  At a later time there will be an extension of the private road in order to access the third lot.

Public

Mr. Paul Otterway of 26 Pintail Circle came before the Commission to speak in opposition to this application.  Mr. Otterway is the President of the Lakewood Association.  He explained that the association has an easement with Unity Church for drainage of the water.  This easement excludes Unity Church from extending drainage rights to anyone else.  


The Commission stated that they felt this was a Planning & Zoning Commission issue.  Jeff responded saying that it is, but after discussing this issue with the Town Attorney, it was felt that a condition could be placed on this requiring that all proper approvals from neighboring entities for drainage would have to be acquired.  If for any reason they were not able to acquire the rights, they would have to come back to this Commission to submit another drainage plan.

Ms. Lauren Mutter also from the Lakewood Board explained that there was considerable amount of time spent working with the Unity Church on an easement, which was supposed to only benefit Unity Church.

Mr. Galen Semprebon from Design Professionals explained that the water is presenting running toward the Unity Church.  With the proposed project, it will not be necessary to divert any water.  There is drainage rights by any upstream party if you have drainage presently draining in a direction to maintain that drainage.  The peak flows will not be increased.  Design Professionals is presently working with a third party engineer to independently review the drainage design to alleviate Lakewood’s concerns.  Design Professionals is also working with Unity Church to obtain necessary easements through the church property.

Mr. Paul Otterway responded saying that Lakewood is not disputing the engineering aspects behind this.  Lakewood is questioning the legalities of the easement.  The Unity Church does not have the right to grant additional water to be put into the system.

Motion to:      approve with conditions appl. #04-58P – Emerald Green Subdivision – Ellington Road – Inland Wetland/Conservation Commission application for approval of a three-lot residential subdivision, and stormwater structures and associated site improvements on property located easterly of Ellington Road, and northerly of Quarry Brook Drive.

Was made by Forzley

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 October 20, 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.

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 establishment of the stormwater basin.

Approvals from the neighbors or their representatives for the drainage discharge be obtained.  Any revisions to the drainage system discharged off this site must be resubmitted to the Town staff for their review.

Seconded by Commissioner Kelly

Mr. George Menu who is the Co-chair of the Expansion Team for the Unity Church came before the Commission.  He explained that this would not create a problem for Lakewood and hopes this can be worked out.

The motion:  carried
The vote was as follows:  unanimous

Appl. #04-61P – MASSCONN Distributors

Mr. Wilson Alford, Jr. with Alford Associates came before the Commission.  He explained that the property is approximately 3.1 acres and is located on the corner of Commerce Way and Sullivan Avenue.  This building will be used as a


preparation facility for Dunkin Donuts.  There is a detention basin further down stream, so there is no need for detention on this site.  The roof water is being
piped into the storm drainage system.  The other pipes will pick up the parking lot area.  There is a small basin with an infiltrator system which is in the bottom of the basin and runoff will then overflow into the existing storm drain line and go to the west.  Silt fencing is proposed on the lower side of the site and along the street.  A construction entrance pad will be installed during construction.  

Jeff stated that the catch basins with have 4-foot sumps and trap hoods included with the stormwater system.  Jeff asked the applicant if they would consider relocating the infiltrator and have it just address roof runoff?  This would prevent the potential for a slope failure.  Mr. Alford stated that he felt this could be accomplished.

Answering questions from the Commission, Mr. Alford explained that the dash lines on the map are for reserved parking.  These spaces will not be paved, but are calculated into the impervious surface, which is in compliance to the regulations.  Mr. Alford then explained what the landscaping for the site would entail.  There is one corner of pavement that will be within the 80 feet regulated area.

Motion to:      approve with conditions qppl. #04-61P – MASS CONN Distributors – 12 Commerce Way – Inland Wetland/Conservation Commission application for regulated activities in connection with the construction of a 30,000 sq. ft. industrial building, parking, stormwater system, and associated improvements on property located northerly of Sullivan Avenue and easterly of Commerce Way.

Was made by Commissioner Grace

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 October 20, 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.

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 $3,000 be submitted to the Planning & Zoning Commission to ensure establishment of the detention basin and infiltrator.

The infiltrator will be relocated and approved by Town staff.

Commissioner Phillips abstained for this application because although he was present for the decision on this application, he was not present for a majority of the discussion on this application.

The motion:  carried
The vote was as follows:        7 to 1 with Commissioners Delnicki, Forzley, Gates, Grace, Kelly, Muller and Warren all voting in favor of approval and Commissioner Phillips abstaining.

Appl. #04-62P – Wentworth Park

Mr. Jeff Sawyer from Generation 2, Inc., came before the Commission.  He explained that he has done this type of development previously in Minnesota.

Mr. Peter DeMallie from Design Professionals, Inc. came before the Commission.  He explained that at this site the material would need to be removed and replaced with suitable soils.  The site is 3.29 acres in size.  There is proposed to have an office condominium consisting of four two-story buildings.  Each unit will roughly have 3,000 sq. ft. of space.

Mr. Galen Semprebon from Design Professionals, Inc. came before the Commission to review the engineering aspects of this project.  Farm Brook runs the perimeter of the site.  There is a flood plain associated with this site which follows the perimeter of Farm Brook.  Along with the twelve units being proposed, there will be 143 parking spaces.  There will be a request to the Planning & Zoning Commission to be able to eliminate 17 parking spaces.  The storm drainage system is comprised of three detention basins on site to provide mitigation for an increase in peak flows from this site.  They will also provide water quality functions, which will be augmented with two bay saver units to provide water quality treatment of runoff going off of this site.  As a part of mitigation, shading on the watercourse will be maintained.  There has been a 10’ border created along the edge of the wetlands, which will maintain the existing vegetation.   Vegetation with a series of plantings will be augmented in the area where clearing has taken place.  A construction fence will be erected along the 10’ no impact zone.  Public water and public sewer will service the site.  There has been a large box culvert designed on the Berry Patch property to take care of flood conditions during the 100 year storm.

Commission members discussed their concern of the proximity of the buildings to the wetlands and the stability of the slope during construction.  Mr. Sawyer stated that he has worked that close to wetlands previously and does not feel there will be any problems.  Chairperson Warren also voiced concern regarding a dug well on the property.  Mr. Semprebon informed the Commission that they would look to fill that because removing it from the upland review area would probably cause more of a disturbance.  The applicant will determine with Robert Deptula to see if the well needs to be abandoned in accordance with the health code.

Jeff commented that he feels the stormwater renovation system that has been developed should do a good job of managing pollutants coming off of the site.  The interior and perimeter controls will be effective to maintain the integrity of the site during construction.  There is a good diversity of habitat plantings proposed along the perimeter of the construction area adjacent to the riparian buffer.

The Commission voiced their concern regarding how close the buildings are to the wetlands.  The Commission would like to hear about the prudent and feasible alternatives and have Ed Powlak, Soil Scientist give his presentation.

The Commission discussed the functions of a riparian buffer and Jeff stated that he does not feel the functions that create a riparian buffer are well represented on this site in terms of vegetative diversity and quality.

Mr. Galen Semprebon explained that the regulations would allow the site to have 25% building coverage and 60% impervious coverage.  With this proposal there would be 12% building coverage  and 48% impervious coverage.  Half of the site is either wetlands or upland review.  Previously there was a development approved for this site which was not feasible and was not built.  The Commission asked for the applicant to come back with numbers to calculate the building area and impervious coverage.

Mr. Jeff Sawyer told the Commission that if he were asked to reduce the number of units, it would not be feasible to do this project.

This application was continued until the November 3, 2004 meeting.

Appl. #04-63P – G & R Marine

It was the consensus of the Commission that it would not be necessary to hold a public hearing for this application.

Mr. Jay Ursery from J.R. Russo & Associates came before the Commission to represent this application.  He explained that he would like to request to cross an intermittent watercourse and a drainage outfall.  The intermittent watercourse runs along the northerly side, leaves the site and then comes back onto the site along the easterly property line.  Eventually it makes its way to the Connecticut River.  This site is proposed to be the satellite facility for G & R Marine.  Mr. Mellen would like to create a connection between his facility on Rte. 5 and the satellite facility.  There would be a total of 2,000 square feet of actual disturbance of wetlands.  Mr. Ursery explained the storm drainage system that will be on this site.

Jeff told Commission members that there is no predominance of wetland vegetation on the sides or the bottom of the watercourse.  The piping and crossing of this watercourse should not have a significant impact to the watercourse or wetland system as a whole.  Answering questions from the Commission, Jeff explained that the use being proposed on this site should not have a high generation of pollutants associated with it.  

Motion to:      approve with conditions appl. #04-63P – G & R Marine – Lot #12 Kimberly Drive – Inland Wetland/Conservation Commission application for regulated activities in connection with the construction of a 9,600 sq. ft. Industrial building, parking, stormwater system, and associated improvements on property located northerly of Kimberly Drive.

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 October 20, 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.

5.              A contact person shall be identified on the plans.

6.      We recommend a bond in the amount of $10,000 be submitted to the Planning & Zoning Commission to ensure compliance with the erosion and sediment control measures.

Ensure that the proposed sediment chamber can be accessed for maintenance purposes.

A stormwater inspection and maintenance plan should be included on the plans.

Perimeter plantings should include low growing habitat shrubs.


Seconded by Commissioner Phillips
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Adjournment

Motion to       adjourn the meeting at 9:10 p.m.

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


Respectfully submitted


_________________________________
Deborah W. Reid
Recording Secretary