MEMBERS PRESENT: Betty Warren, Audrey Delnicki, Richard Muller, Barbara Kelly, Mario Marrero Jack Phillips, Carol Heffler, Tim Appleton
ALTERNATES PRESENT: Roy Szoka sat for Jim Kupchunos
STAFF PRESENT: Jeff Folger, Environmental Planner/Conservation Officer
Kathy Middleton, Recording Secretary
Chairperson Warren called the meeting to order at 7:07 PM
ITEM: MINUTES
Approval of minutes will be acted on at the next meeting due to copier error.
ITEM: CONSERVATION COMMISSION
Folger stated that two wildlife blinds have been completed at Donnelly. One wildlife blind was completed in the pasture by West Road and one in the woods. Warren asked Folger if he was aware of any reason for activity near the Scantic River. Folger stated that it will be talked about in the wetland officer's report.
ITEM: WETLAND OFFICER'S REPORT
Folger stated that there is a fuel pipe line that goes from Hartford to East Windsor/Enfield area and crosses the Scantic River in one spot. The company that owns it was cleaning out the right of way. The undergrowth was cleared and the bigger trees were cut down and the area was mulched with wood chips. Folger stated that the company told him that it is DEP property and permission was granted to them by DEP and DOT which is the reason the Town was not notified. Folger stated that the Town is now on their notification list.
Folger stated that he made copies of the email conversation between him and the former land owner of the Killkenny Subdivision. Folger stated that one of the lots had a small wetland on it and part of the approval condition was to put a conservation easement around the perimeter of the wetland area. Folger stated that the land owner disagrees. Folger stated that it has been forwarded to the Town Attorney.
Kelly asked for an update on the cutting at the sanctuary at the base of the sledding hill. Folger stated that it is bonded and Karl Reichle took care of the situation.
Warren stated that it looked as if Aldi might be through with the pipe under the road. Folger stated that they have been through for about a month. Phillips asked if there was a good plan for stabilizing it so that it doesn't wash away with the rain. Folger stated that they are going to hay mulch and cleat the hay mulch into the slope and then seed it in the spring. Phillips asked if the cleated hay mulch will be enough to keep it from eroding. Folger stated that it should.
ITEM: PUBLIC HEARING
Heffler read the legal notice into the record as it was published in the Journal Inquirer on Saturday, December 1, 2007 and Saturday, December 8, 2007.
Appl. #07-53P - Mannarino Builders - Dzen Tree Farm Subdivision - 12 Barber Hill Road, Abbe Road, Maskel Road - Inland Wetland/Conservation Commission application for a sixty-four lot residential subdivision and associated improvements on property located westerly of Barber Hill Road and easterly of Maskel Road. Rural Residential (RR) Zone.
Attorney Len Jacobs of 146 Main Street, Manchester, CT came before the Commission and gave the following report.
Jacobs stated that the application concerns the Dzen Tree Farm subdivision. Jacobs stated that it is located on the westerly side of Barber Hill Road. The site contains close to 96 acres. Jacobs stated that the proposal is for 64 lots and of the 96 acres there is 53 acres of open space. Jacobs stated that there are farming operations around the property. Those farming operations have an impact on the areas of the property. There will be no impacts on the farming operations other than eliminating it in the areas where the subdivision will go.
Skip Alford, Professional Engineer for Alford Associates came before the Commission and gave the following report.
Alford clarified that the property is open. The only vegetation on the site is Christmas trees. The topography on the east end and south are flat and rises to the north portion. There is a water course that starts to the north and runs down to the south through the property into a farm pond. There is a limited amount of wetlands associated with the pond and stream. Alford stated that the Podunk comes in from the southwest, and then goes off the property and then back on. There are more wetlands that are associated with the stream on the western portion of the site.
Alford stated that the wetlands are delineated in the field by George Logan's office. Alford stated that they are proposing an open space subdivision. The open space will be the area that is the Farm Pond and stream. Total of open space is 53.6 acres and there is more than the 50% of open space required.
Alford stated that there are three areas of disturbance to the wetlands. The first is associated with the road crossing over the wetlands that are adjacent to it. The area is 157 sq. ft. The second is on the south side and is about 770 sq. ft. Alford stated that both are necessary to be able to connect the road from Maskel to Barber Hill Road. There is an area of about 3,000 sq. ft. of disturbance. There is an agricultural ditch and if it were left in place in would be a nuisance to the adjacent lot #41. The total wetland disturbance on the property is about 4,000 sq. ft. or about 1/10 of an acre.
Alford stated that stormwater from the entire pavement is collected into one of four detention basins. Basins are designed to so that there will be a decrease in the rate of flow off the property. Alford also stated that for water quality during construction of the adjacent roads each of the detention basins will be fitted with a special outlet so they will act as sedimentation basins during construction.
Alford stated that for long-term water quality each of the basins will be fitted with a stone filter at the bottom of the basins. They allow the initial flow from a storm to be detained and then filtered through the stone which provides more time for sediment and filtration of the water.
Alford stated that for erosion control on the site they are proposing to construct the development in phases. It will start on Maskel Road. A series of erosion and sediment control plans have been developed. There is an extensive amount of silt fence. There are also construction entrance pads and stone checks. Utilities for the site will have city sewer and city water.
George Logan of REMA Environmental Services came before the Commission and gave the following report.
Logan stated that he began looking at the site in January of 2006. The wetlands were delineated. Logan stated that the property has been in agriculture of some kind with some exceptions for many decades. There is an area in the western portion of the site which is the riparian corridor for the Podunk River. There are 2.63 acres of wetlands that is mostly open water. The wetlands are connected into the Podunk River. Wetland 6 is the only wetland not tied into the Podunk. Overall the Podunk River has good to very good water quality. There is some indication that there is slight nutrient impairment and is not unusual because there is impoundment within the Podunk River.
Logan stated that the sediment, toxicant, and nutrient retention functions are high because the impoundments are protecting off-site wetlands. The wetlands on the site are functioning low to moderate, with the exception of the Podunk River. Wetland 6 is a remnant ditch and has low function.
Logan stated that the plan for the erosion and sedimentation control is a good plan. There are some moderately eroded soils.
Logan made the following statements regarding the long-term impacts to the wetlands:
" Buffer distances are substantial; which help reduce impacts.
" There are two detention basins lower on the landscapes that are wet. Specific plantings and notes were added in portions to ensure they are still wetlands. There is an under drain and it has been ensured that there were several areas within the two basins which are depressional and lower than the actual under drain. This will allow them to have more wetland characteristics.
Logan stated that there are fifty-four acres or 57% of open space. It will be given over to the Town as the phase's progress.
Logan stated that the mitigation plan has a future condition of the pond in mind. The pond has the potential to be a fishing pond. We want to ensure that this pond is protected in the future. There is another farm that is contributing to the pond sediment. We would like to increase the capacity of the pond to the north and include a wetland of 5,000 sq ft. It will be a marsh meadow with a shrubby fringe. There will be a red maple island in the middle of the marsh meadow. Logan stated that the mitigation will be .12 acres which will offset the wetland that is being eliminated. The functions will be enhanced. The area between the two ponds will have an additional .36 acres of functional wetland. Flood control potential will increase. Logan stated that both direct and indirect
impacts are of minimal intensity. The functions and values are protected and wetlands will be enhanced from the open spaces.
Len Jacobs came before the Commission and stated that the staff requested the impacts of the current farming offsite and onsite be brought to the Commission. Jacobs stated that the recreational area will be a catch and release pond and stated that the impacts of the pond and the impacts in the area around the pond will be discussed.
Alford came before the commission and gave the following report regarding the area in and around the pond.
Alford stated that there were concerns about the farming practice and the application of pesticides and herbicides on the property. Alford stated that there are some residuals but it should be pointed out that all of the products that were used were standard farming practices at the time. Since then those practices have changed and have become stricter as to what can be applied. Samples have been taken on the property over the past year and it has been determined that the levels that are set by the DEP for contaminates in the soil are under or slightly exceeding those levels. The levels that were exceeded by the DEP are on the eastern portion of the site and this is where more of the home farming operations have taken place and therefore it is likely that any spillage happened in that location.
Alford stated that the products that were permitted on the site in the past are not used today. The products were insoluble and entered the soil and remained in the top 2-3" of the soil. The contamination that was found is in the top several inches of the ground and the lower down into the ground the levels are acceptable. Alford stated that the newer products that are used are more soluble and have a half life of about three to four months.
Alford addressed the issue of what will happen to the pond from the agricultural practices and stated that generally the approach for the reduction of the contaminates on the property is to mix the good soil with the bad soil so that it reaches a level acceptable to the DEP. The last resort would be to remove the soil from the site. The contaminates are attached to the soil particles. Alford stated that the only way for it to affect the wetlands would be if there was erosion to take place during construction. In the easterly portion there are some contaminates that would enter the detention basin if they were disturbed during construction. The detention basin is designed to retain the silt and would also retain the contaminates that are in the soil.
Alford stated another concern was if the farming were to continue, what would be the effects on the pond. Alford stated that the only way contaminates would get to the pond is if erosion were to take place. Alford stated that there are gentle slopes that go to the pond therefore the potential for erosion is fairly low. Logan stated that if the contaminates that are attached to the soil did go the pond they would precipitate to the bottom and would not effect the water quality. Alford stated that the area will need to be treated because it is higher than required. Alford stated that to treat the area the lower edge will have a silt fence and a mulch berm to keep anything from flowing toward the pond. Plowing would be done with the contours which would reduce the potential for erosion. The treatment
should be done during a seeding period which would probably be done in the fall.
Alford stated that the farming activity has the highest potential for contamination to the wetlands. Alford stated that by granting the permit will begin the procedure to stop the farming operation and reduce the potential for impact to the wetlands.
George Logan came before the Commission and stated that they researched the current functions of the pond that is attributed to the historic pesticide and herbicide use and whether there are any impacts today that are related to current use of pesticides and herbicides. The water was tested and it was discovered that the amphibian activity is low or non-existent. Logan stated that there is sediment in the bottom and it was checked to see if there was going to be a long-term release of contaminates from the sediment itself. Logan stated that they took three samples. A sample was taken at the upper portion of the pond which is about 4' in depth. The other samples were done in the middle and one toward the eastern end. The samples were analyzed for pesticides and heavy metals. Logan stated that no heavy
metals were found. Alford stated that an SPLP (Synthetic Precipitation Leaching Procedure) was done. Alford stated that nothing leached out therefore whatever is in the organic sediment is stable and not going anywhere.
Sigrun Gadwa came before the Commission and stated that the concentrations were all below the human risk threshold for chlordane and arsenic. They are slightly elevated. Gadwa stated that for toxicity of sediment criteria, only copper exceeded in the sediment; however, the copper did not leach out.
Alford stated the as the year goes on, the current pesticides and herbicides will dissipate.
Gadwa stated that the herbicide that is being used that is mobile and soluble and is not toxic to fish or animals. It is highly toxic to algae.
Tomak Grajewski came before the Commission to discuss the soil conditions around the pond. He reported that the majority of the site showed negative for arsenic, herbicides, and lead, and other agricultural type properties. Herbicides and lead were not issues in any of the samples; the only issue was some arsenic and pesticides. Another round of sampling was done with the majority of the samples taken north and east of the pond. Some of the samples taken were above DEP acceptable levels. All samples within 100 feet of the pond tested negative. Areas that did test positive should be able to be remediated using the DEP Guidance Document dealing with residential and agricultural uses. He explained that the levels found while above DEP acceptable levels are very low concentrations. The majority of
the samples contained material only within the top 2-3" of the soil profile. The recommended remediation measure in a situation like this is to mix the affected soil with soil that is "clean" thereby diluting the concentrations to within acceptable means. On this site this can be done by plowing the earth much the same as is done in an agricultural operation. No soil disturbance is expected or recommended within 100 feet of the pond. The method of mixing soil in this case should be sufficient to ensure that either surface water or ground water quality is protected. Two of the sampling sites did contain material at depths of 12-14". These sites may require removal of soil in this area to achieve acceptable concentrations of material in the soil.
Marrero asked what extent of development would occur on the property to the north. Alford stated that the power lines are about 150 feet wide or so and the ground comes up and then becomes steep. Therefore the limit of anything to be developed would be a couple of homes. They would probably end up with their own sedimentation basin and discharge the water into the stream.
There was a question from Phillips regarding the length of the cul-de-sac. Alford stated that it is about 500 to 600 feet. Mannarino stated that when they went through Planning it was considered to be a temporary cul-de-sac. Phillips asked if they were to build further up into it, would there have to be a separate entrance. Mannarino stated that there would have to be a separate entrance.
Szoka asked if there were plans to remove the existing culvert. Alford stated that they are proposing to remove the existing culvert and put in two 18" pipes so that they could withstand additional traffic. Logan stated that the plan is not to have any erosion and sediment in post-construction that will affect any wetlands any further. There was discussion about what would happen if erosion starts to flow into the home owner's yards.
Szoka asked what the distance is from the Podunk River to the homes. Alford stated that it is about four to five hundred feet. Szoka stated that with people fertilizing their lawns there is potential for a lot of runoff flowing toward the river. Folger stated that the runoff from the yards will run to the east into the storm drain system. Folger reiterated the question about the upper slope and stated that the current practice to maintain a dry area around the Christmas tree stock was to create furrows or raised beds. Folger stated that most of the furrows are down slope. Folger stated that the recommendations from the town staff are to change the current conditions if the town were to accept the area as open space by plowing the slope along the contour.
Alford stated that below that there is a detention basin that collects some of the water and a couple of locations. During construction there are siltation basins. After construction there is a filter on the outlets that the water goes in but it must go through a stone filter before it leaves, which will hold the water back. So, it will go through six to eight inches of stone.
Appleton asked if the culvert would be replaced and asked if it would be constructed to assure that wildlife can travel back and forth. Alford stated that the culvert would be replaced and stated that there would be two eighteen inch pies and a 2-3 foot tall stone berm and it will filter the water as it goes through. The elevation will be brought down to what the pond is now. Alford stated that there is not much of a choice of where the pipes will go.
Appleton asked how a one year flood event would impact the remediation area. Alford stated that it would not go over the road.
Warren asked Folger if there were revised plans. Folger stated that there will be revised plans. Folger recommended continuing the hearing. Phillips asked if there were copies of the E & S plan. Folger stated that they were submitted on Thursday and are being reviewed. Phillips stated that he walked the site.
Muller stated that Folger had an issue with the soil and then the soil was tested and nothing was found at any level. Folger stated that much of the information about the testing was still being gathered and put into reports so there was a lot of time to review the physical processes of the subdivision itself such as the storm drain system, the location of the storm drain system and the location of the biofilter and detention basins. Right now it is being reviewed for health and safety risks for recreational activities as well as evaluating the proposals for mitigation.
Warren asked Folger if he had additional comments or concerns. Folger stated that one of his concerns is the elevation of the mitigation area in relation to the existing small pond and also there are invasives on the property. Folger stated that he would be reviewing the mitigation plan to see if the invasives that are on the property are addressed on the plans. He also asked what the value would be by removing the two small existing culverts from wetland 6. Logan asked Alford if there is plan to have them removed. Alford stated that he was unsure. Folger stated that the Town Engineer also had questions about the locations of some of the outfalls.
Kelly asked if the Town was going to review the data about the chemicals. Folger stated that because it is public domain, a third party will review the information. Reports have been sent to GEI Associates and they will conduct the review and it will take approximately one month. Folger stated that there is nothing based on the information provided and the testimony given that would indicate that it is something that can't be positively addressed. Folger recommended continuing the hearing until January 16, 2008.
Warren asked for public comments.
Motion to: continue public hearing for Appl. #07-53P - Mannarino Builders - Dzen Tree Farm Subdivision - 12 Barber Hill Road, Abbe Road, Maskel Road - Inland Wetland/Conservation Commission application for a sixty-four lot residential subdivision and associated improvements on property located westerly of Barber Hill Road and easterly of Maskel Road. Rural Residential (RR) Zone until January 16, 2008.
Was Made by: Commissioner Phillips
Seconded by: Commissioner Appleton
The motion carried
The vote was unanimous
ITEM: NEW BUSINESS
Appl. #07-59P - Caron Site Plan - 570 Sullivan Avenue - Conservation Commission application for an equipment storage site plan and associated improvements on property located northerly of Sullivan Avenue. Industrial (I) Zone.
Galen Semperbon came before the Commission and stated that presently on the site there is a 5,000 sq. ft. building and a small paved area adjacent to it. There was once a proposed subdivision on the site and construction on the subdivision roadway had begun. There is storm drainage installed and sanitary sewer. The permit expired and the subdivision is no longer in effect.
Semperbon stated that they are proposing a paved yard to conduct a number of operations including maintaining his construction equipment and storing materials and also the ability to sell construction equipment on the site. The building will be utilized as part of the maintenance operations.
Storm drainage, water quality basin and water quality structure will be installed in order to collect runoff from the storage yard portion and to treat prior to discharge. All of the activities are outside of the 80 foot upland review. The site as has been designed to support all the areas to be collected into a storm system and treated for water quality/detention basin and the water quality structure. The site will be fenced in. The total square footage is 103,570 and is proposing 31.8% impervious coverage on the site. There is about 24,000 square feet of wetlands on the site.
Heffler asked Folger if there was anything outstanding. Folger stated that there was nothing outstanding. Folger said that initially the site was proposed to have a gravel surface on the storage yard and we felt that it would be more prudent to have impervious coverage directed to treatment structures. Folger stated that he did not see any problems with this application.
Phillips asked if he was correct in saying that the wetlands to the back of the property are at a higher elevation. Folger commented that this site has been worked on and the subdivision that was approved was initiated and then the work ceased.
Motion to: approve application #07-59P - Caron Site Plan - 570 Sullivan Avenue - Conservation Commission application for an equipment storage site plan and associated improvements on property located northerly of Sullivan Avenue. Industrial (I) Zone standard terms and conditions.
Was made by: Commissioner Heffler
Seconded By: Commissioner Phillips
The motion carried
The vote was 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 December 12, 2012. 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 5,000 be submitted to the Planning & Zoning Commission to ensure compliance with the erosion and sediment control measures and a $5,000 bond for stormwater structures.
Appl #07-67P - Redland Brick - 1440 John Fitch Blvd. - Determination of Public Hearing - Inland Wetland/Conservation Commission application for regulated activities in connection with the expansion of an existing clay mining operation, stormwater system, and associated improvements on property located easterly of John Fitch Blvd. Industrial (I) Zone.
Motion to: hold a public hearing on January 16, 2008 due to the potential impact to wetlands and the potential for public interest.
Was made by: Commissioner Phillips
Seconded by: Commissioner Kelly
The motion carried
The vote was unanimous
ITEM: OTHER BUSINESS
Folger stated that Exxon Mobile will be attending the first meeting in February to address questions and concerns. He stated that they are finished and are expected to be open in about 18 months.
Warren discussed the Annual Holiday Party. Commissioner Heffler suggested that it be held mid-January as was done in the past. Warren asked Folger if January 9th was good for everyone. The Commission agreed upon Sawadee Restaurant.
ITEM: ADJOURNMENT
Motion to: adjourn the meeting at 9:50 PM
Was made by Commissioner Phillips
Seconded by Commissioner Appleton
The motion carried
The vote was as follows: unanimous
Respectfully Submitted,
Katherine J. Middleton
Recording Secretary
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