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IWA/CC MInutes 4-18-2007
MEMBERS PRESENT:        Chairperson Elizabeth Warren, Timothy Appleton, James Kupchunos, John Phillips, Richard Muller and Barbara Kelly

ALTERNATES PRESENT:     Mario Marrero sat for Carol Heffler
        Roy Szoka sat for Audrey Delnicki

STAFF PRESENT:  Jeffrey H. Folger, Environmental
Planner/Conservation Officer
Elizabeth Locicero – Recording Secretary
        Kathy Middleton- Recording Secretary

Chairperson Warren called the meeting to order at 7:04 pm.

ITEM:  Conservation Commission
Folger stated that they had a good planting day at Wapping Park and Barber Hill Road. Three cub scouts, two parents and Chairperson Warren planted five hundred Witch hazel plants and five hundred and fifty buffer seedlings.

ITEM:  Wetland Officer’s Report
Folger noted that there wasn’t much to report on. We had a lot of colored water but no real blow outs and no failures in erosion control during this storm, probably because it was such a long duration there wasn’t a lot of stress on structures.

ITEM:  New Business
1.      Appl 07-11P, Webster Commons – 1678 and 1700 Ellington Road, IWA/CC application for the construction of a commercial plaza, including parking lot, grading, storm water management, utilities, and associated improvements for property located on the northerly side of Ellington Road, Restricted Commercial Zone (RC)

Ben Wheeler of Design Professionals came before the Commission and stated that as of two weeks ago when the project was presented significant changes have been made. The applicant had the following comments:

o       Configuration of building H has been revised from an L-shape with a portion coming back to the rear of the property. That portion has been taken off the building and added on to the adjacent building (bdlg. G), making the building U-shaped. Building H which was 10ft. from wetlands is now 20ft and building G is approx. 18.5ft. from wetlands. Change has almost doubled the distance from the wetlands. Commissioner Kelly asked if there was any structural overhang toward the wetlands. Mr. Wheeler stated that the architecturals have not been finalized yet. Commissioner Appleton asked if it could extend two feet more, Mr. Wheeler stated that it could, but the architectural haven’t been finalized for the buildings yet.
o       Mr. Wheeler stated that another major change to the plan was the concern for potential breech of the berm during heavy rain events. The plans will now include an underground 4x4 galley system, which will allow for more natural grades in that area. The natural grade will also allow for more buffer planting and will alleviate the concern for the berm failure.
o       Areas around building G & H where the buildings are closest to the wetlands, they have added a note to the sediment and erosion control plan that the site contractor shall provide a temporary chain link fencing adjacent to the wetlands to help delineate the boundary of the wetlands and to restrict people and equipment from entering the wetlands in those areas closest to the wetlands.
o       Modifications have been made to the rain garden details such as providing a deeper soil profile. Instead of a 6” minimum cover at the bottom of the rain gardens, it has increased to an 18” minimum and 30” where it can be provided to help ensure that there is better water quality treatment.
o       Notes were added that require more frequent inspections of the rain gardens after every major rain event and at least every year and every other year when the mulch layer is replaces they are to be inspected to ensure that they are functioning properly.

Commissioner Appleton asked if the site could be moved south five feet.  Wheeler stated that there are limitations on the south side with the front yard setback and that they have obtained some variances for bldg. C but would have to go through the Zoning Board of Appeals in order to change from a 25’ front yard to a 20’.

Addressing concerns from the Commission, Wheeler explained several other changes that have been made the plans.

Regarding sedimentation and silt affecting the function of the rain gardens
ü       the use of sand during winter maintenance of the property restricted
Concern about the flow of water to gallery system under parking lot area
ü       revised plans to show and provide hard pipe connections between all the galleries and the catch basins.
Folger recommended that flock logs be used in the temporary sediment basins
ü       added notes and provided for those during construction
ü       sequence of construction has been modified for sedimentation control
ü       added notes to the plan which delineate the type of fill that can be brought in to be clean and free draining fill and meet DOT specifications for free draining material
ü       not including wetlands, the impervious coverage is 57% of the whole site, w/out the wetlands the impervious coverage is 59.9%

Commissioner Muller had questioned the flag placement and felt that the flags on the property should have been placed in further and was concerned that too much is trying to be put on the property. John Ianni, Soil Scientist addressed the issues from the commission regarding proximity.  Proximity of activity to wetland isn’t necessarily an impact.  Commissioner Muller felt there should have been more of a design thought process and feels that this is a corridor and the design could have been more environmentally sensitive due to being built so close to the wetland.  Ianni disagrees that the wetland is a corridor. Ianni reviewed each individual function and value and looked at how each on site well was functioning, where the water was coming from and where the wetland comes from and where the wetland goes.  Commissioner Appleton asked Folger his view on whether or not it is a wetland.  Folger explained that it is a wetland and as a wetland it is a regulated area by statute and therefore the commission has the authority to determine what impacts are going to be acceptable and agrees with what Ianni said as far as some functions where proximity can have little impact on different functions.  One important thing about this wetland is it is an export wetland and there isn’t a lot of capacity for this wetland to assimilate pollutants/sediments and is concerned with how the water quality during and post construction is going to be affected by this.
Chairperson Warren, addressed concerns about Jeff Doolittle’s memo to Karen Isherwood, Engineer Design Professionals and representing the applicant had the following comments:
ü       Doesn’t see any problem, can address and comply with any concerns and put them on the plans.
ü       Water gardens changed to rain gardens
ü       Catch basins will be inspected twice a year
ü       Maintenance to keep sediment out
ü       Significant changes have been made to the plan regarding the building configurations
·       Replacing the two deep detention basins with retaining wall to the rear providing 188 linear feet double side by side 4x4 concrete galleries to the rear
·       Submitted a drainage report that the engineer has reviewed, 3 different layers of underground detention
·       Side by side catch basin structure ,double wide wall to meter out water
·       Provide a topsoil berm
·       Temporary chain link fence where the wetlands do come close to the buildings
·       No basements in the buildings instead 8 foot foundation walls

Commissioner Kelly had a concern about the tree line and what trees would be taken down during construction.  Ianni’s sheet number 7 shows the proposed tree line along the wetlands.  Appleton asked if they were other manners with which soil scientists can develop the value of a wetland or is this the only way or just one way.  Folger responded saying that it was probably the best way.  The bottom line is a wetland is a wetland and what needs to be determined is if the commission feels the activities that are being proposed are going to cause unreasonable harm to the wetlands and render a decision based on that.

Chairperson Warren asked for additional comments from Folger.  He responded by saying that he feels that the structures that are there are going to contain sediments within the system.  Separator is not needed.  It is vitally important that the maintenance of the system be done because there is no potential for cleaning out the galleries if they start becoming impacted by sediments. Overall the water quality and quantity aspect is going to be very good.

Warren questioned Design Professionals asking if there was a commitment on the plan to long term maintenance of the galleries and rain gardens.  Mr. Wheeler said there is a commitment on the plan. After every major rain event the rain gardens will be inspected and each year the mulch will be replaced.  Four foot pumps to be placed in the catch basins.  Commissioner Phillips asked Folger what could be done to ensure that the maintenance plan is followed. Folger stated that because if it is on the site plan it becomes enforceable through the zoning regulations.  Warren stated that we ask for periodic inspections of the storm water system by the applicant on a yearly basis.

Karen Isherwood commented on the trees and the slopes.  She stated that any large trees would be removed off the property embankment.  New trees and shrubs will be planted to provide the buffer.  Isherwood also stated that all measures have been put in place to address the concerns of the town staff.  

Commissioner Phillips stated that if the commission, staff and others can show that the layout of plans would have an adverse impact that would be remedied by reducing or removing building H, then there would be grounds to do so.  Commissioner Kelly directed a question to Folger regarding his review of storm water and the good marks he gave, whether or not he feels that those good marks are enough to offset an intense level of impervious coverage. Folger stated that he does think the design would adequately address post construction water quality concerns.  

Warren asked for public comments on the application. There were no public comments.  Warren also asked if any further information was required and if the plans are complete.   Folger said the plans are complete.

There was discussion among Commission members about obtaining their own expert as a second judgment.  Folger stated that this is a matter of degree and comfort level among individual commissioners. He also stated that it would be impossible during construction to ensure that 100% fine materials generated from the site will be confined.  Appleton asked Folger if based the documents from Jeff Doolittle, if the storm drainage system was feasible.  Folger stated that it is feasible.  

Motion to:      approve with conditions - Appl. 07-11P Webster Commons1678 and 1700 Ellington Road - Inland Wetland Commission/Conservation Commission application for the construction of a commercial plaza, including parking lot, grading, storm water management, utilities, and associated improvements for property located on the northerly side of Ellington Road, Restricted Commercial zone (RC).  

Was made by Commissioner Phillips
Seconded by Commissioner Szoka
The motion carries 6-2
The vote was as follows:  Betty Warren, Roy Szoka, John Phillips, Richard Muller, Jim Kupchunos-Aye
Tim Appleton, Barbara Kelly-NAY

Appl. # 07-14 postponed until May 2, 2007-McGrath Re-subdivision – 80 Windsorville Road – Inland Wetland/Conservation Commission application to approve a 4 lot residential subdivision, and associated improvements on property located westerly Windsorville Road, and northerly of Griffin Road. Rural Residential (RR) zone- brief discussion regarding postponing until next scheduled meeting.

Motion to:      hold a public hearing on May 2, 2007-Appl. # 07-19P ECHN2 Office West side of Buckland Road – Inland Wetland/Conservation Commission application to construct two medical office buildings, parking lots, storm water structures, and associated improvements on property located approximately 270 feet westerly of Buckland Road, and approximately 310 feet southerly of Deming Street, on portions of the “sixth” and “fourth” pieces of land owned by Evergreen Walk LLC-based on public interest and potential for significant wetland impact.

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

ITEM:  Adjournment

Motion to: adjourn the meeting at 9:05  p.m.

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

Respectfully submitted,


                                        
Katherine Middleton
Recording Secretary