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IWA/CC Minutes 6-6-2007

MEMBERS PRESENT:        Chairperson Elizabeth Warren, Barbara Kelly, Richard Muller, John Phillips, James Kupchunos, Timothy Appleton, Carol Heffler, Audrey Delnicki

ALTERNATES PRESENT:
        
STAFF PRESENT:               Jeff Folger, Environmental Planner/Conservation Officer
    Kathy Middleton, Recording Secretary
                                

Chairperson Warren called the meeting to order at 7:02 p.m.

ITEM: CORRESPONDENCE

Folger passed out an email from Barry Miller of KF Brick regarding offering the commission members a tour of the quarry in order to explain the mining operation.  Mr. Miller set aside June 12-13, 2007 and July 11-12, 2007.

ITEM:  BOND

None

ITEM: MINUTES

Approval of minutes for March 7 & 21, 2007 - April 4 & 18, 2007 - May 2 & 16, 2007 by general consensus of the commission.

ITEM: CONSERVATION COMMISSION

Folger stated that there aren’t any projects in the works for the time being.

WETLAND OFFICER’S REPORT

Folger stated that he was at the Mobile station on Oakland Road due to a major gasoline leak.  An emergency response team is onsite to contain the movement of material and they are setting up monitoring and removal wells.  Product, in this case gasoline has been detected in the watercourse.  The material appears to be leaking out of the soil at the stream bank.  Containment and collection materials have been placed in the stream and water samples are being collected from surface water and area private wells.  The removal operations will continue 24/7.  the Town is being fully involved in the process as information is collected.

Folger stated that most of the sites have held up well to the rain.  There is an anti-tracking pad on Mascal Rd. but not on Abbe yet for the Kilkenny subdivision.  

Phillips stated that there were two places that he noticed needed some help with silt fences.  The SRD behind Unity Church has a couple of the silt fences are starting to get over run.  Aldi’s Construction Company on Rye Street has run the berm on Rye Street beyond the end of the silt fences on the North end.  Folger stated that the permanent fencing is around the entire site and in most of the areas, they have dropped it 15 inches below and about 80% of the area the silt fence is above grade.  He will notify the responsible people to effect repairs.

ITEM:  PUBLIC HEARING

Appl. #07-14P – McGrath Re-subdivision – 80 Windsorville Road – Inland Wetland/Conservation Commission application to approve a 3 lot residential subdivision, and associated improvements on property located westerly Windsorville Road, and northerly of Griffin Road. Rural Residential (RR) Zone.
Ben Wheeler, Project Manager for Design Professionals came before the commission and presented the application for 80 Windsorville Road - McGrath Re-subdivision.  Mr. Wheeler had the following comments:
  • Site is 7.28 acres
  • There are single family houses on all three sides of the property and across the street
  • 2.1 acres where delineated as wetlands by John Ianni of Highland Soils (28.8% of the site)
  • Site is almost entirely wooded with the exception of the area around the existing house
  • The proposal for the property is to keep the existing residential house and add two additional lots
Lots proposed for lot 1 is 1.46 acres
  • Lot 2 is 2.8 acres
  • Lot 3 is 3.01 acres
Existing house has on-site septic and the proposed lots will have the same
Lots will utilize public water
Lot/building cover age for the lots are as follows:
  • Lot 1- 2.0%
  • Lot 2- 1.5%
  • Lot 3- 1.1%
  • Impervious coverage which includes the driveway
  • Lot 1- 8.0%
  • Lot 2- 2.7%
  • Lot 3- 3.3%
  • Total lots impervious coverage for the whole parcel is 4.0% or 5.6% minus 2.1 acres of wetlands on the side
Wheeler stated that the original application listed 24,620 square feet of disturbance within the 80 foot regulated area.  The application also stated zero wetlands disturbance and zero stream disturbances.  Since the original application, the plan has been revised so the disturbance is now 14,071 square feet.  Prior application dated March 6, 2007 contained four lots.  The lot with a house closest to the wetlands has been removed and now there are only three lots proposed.  


Wheeler stated that plans as shown, show standard erosion control measures including silt fence surrounding the proposed disturbance and anti-tracking aprons at the driveway locations for the two new lots that will be created.  

Warren asked if the there is a soil report.  Warren stated that if the soil report is not part of the record, the application cannot move forward and would need to be continued.  Warren asked what the distance is between the envelope of the house and the wetlands.  Wheeler stated that lot 2 is 95 feet and for lot 3, approximately 57 feet from the closest corner to the wetlands.  Answering questions from Warren, Wheeler stated that the edge of the septic is approximately 32 feet from the edge of the wetlands.  Wheeler stated that for lot # 3 the septic is about 80 feet at its closest point with the grading about 43 feet around the corner of the house.  Kelly asked if there was any reason why the septic can’t be moved to the side of the house.  Wheeler stated that one reason the septic is there is for basement flow.  Folger stated that the soils are well suited for septic in this area.

Kelly stated that there a lot of sediment and scour coming out off the 24 inch storm drainage pipe over by the road and asked what are the plans to address that.  Folger stated that there is a lot of sand but not a lot of structures in the road.  Folger stated that the soil is medium textured sand the system is a fairly dynamic system as far as sediment load.

Warren asked for questions from the public.  

Mrs. Betty MacDonald of 670 Rye Street came before the commission and stated that her concern is that the wetlands stay wetlands and that nobody will be able to fill in the wetlands in the future and asked if there are any provisions that protects the wetlands in that area.  Folger explained that the wetland regulations protect those areas and if they did fill it in it would be a violation   

Karen Fitzen of 660 Rye Street came before the commission and stated that her concern is privacy and the trees being cut down.. Folger showed her on the map the limit of clearing that is proposed and stated that the amount of clearing at this point is limited.  Fitzen also was concerned that the septic would be located close to the wetland and asked how it would affect the water.  Folger stated that the wetlands would act as a biological filter.  Wheeler stated that they would look into moving the septic to the side of the house.

Continue this until the soil report is received.


NEW BUISNESS:

Appl. #07-28P – Jay’s Landscaping – 473 Sullivan Avenue – Inland Wetland/Conservation Commission application for a site plan for an industrial building and office on 3.49 acres, storm water structures, parking and associated improvements on property located southerly of Sullivan Avenue. Industrial (I) Zone.

Ben Wheeler Project Manager for Design Professionals came before the commission and had the following comments:
  • Site is 3.48 acres
  • Proposing the construction of a 1600 square foot office and a 4800 square foot warehouse with future plans for an additional 3600 square foot warehouse within the paved area to the rear of the one currently shown on the plan
  • There are 36 parking spaces proposed for phase 1.
  • Office space would be in the front of  the building on the North side
  • The Warehouse to the rear on the South side
  • The larger area is proposed to be storage for vehicles and equipment
  • In the back there will be concrete bin placed on asphalt for storage of mulch and stone
  • At the Southwestern corner of the property there is an area to be proposed for landscape stocking (trees, shrubs, etc.)
  • Proposed bins are each 12 foot by 10 foot
  • Existing conditions of the site:
  • Flat site
  • Several pockets on the site including a wetland at the Southern end of the property
  • Small area on the Northwest of the site which drains into an existing yard drain along Sullivan Ave.
  • Small area on the Southeast portion of the site that currently drains off-site and enters a brook that become Bancroft Brook
  • Approx. 2.6 acres of the site drains southerly to the existing wetlands
  • Wetlands is approximately .05 acres or 1.5% of the site
  • The way the site is designed, approx. 3.2 acres will drain to the wetlands area
  • Runoff from the major development areas will enter catch basins or keep flow to the proposed detention basins or the wetlands
  • Approx. 1.2 acres will continue to drain towards the existing wetlands.
  • The proposed basin has been designed to connect into the existing wetlands pocket with a six inch PVC pipe that is at zero percent slope.
  • The storm water management report calculates close development peak rates of run-off that will be at or below existing peak rates of run-off for all storm events.
  • Water quality on the site:
  • Sumps within the catch basins as required by the Town’s  standard detail
Detention basin has been designed to act as a water quality basin per the 2004 Connecticut Stormwater Quality Manual
Requires a permanent volume of water within the basin to 20% minimum of the total water quality volume for the water shed.  40% is being provided within the basin
Remaining water quality occurs as extended within the basin
Water quality basin is proposed to be planted according to a landscape plan with wetland plantings.
Standard erosion control is proposed for the site including an anti-tracking entrance pad. (currently not shown on plans but will be added)
  • Silt fencing down gradient of disturbance areas and around any topsoil stockpiles that occur on site
  • Application proposed as zero disturbance to the wetlands
33,919 square feet of the upland review area to be disturbed or 0.78 acres.
Clean fill and/or excavation in the area of the water quality detention basin and the gravel storage area are what account for this disturbance in the upland review area

The comments from Folger were addressed.  One was to add anti-tracking apron along Sullivan Avenue as an entrance to the site.  The plans will be revised.  Another comment was to limit the disturbance clearing to not within 25 feet of the wetlands.  The limits can be staked in the field prior to any activity on the site and are willing to conform to that with the exception on the Western side of the creation of the detention area.  

Comments from the engineering department were addressed.  After reviewing the comments Wheeler stated that they are willing to address all of those comments and provide additional information where needed.  

Warren had a question regarding the soil report.  Folger stated that it had been submitted to the planning department.  Folger read the soil report into the record.  (Attachment A)

Warren asked Folger if there was anything needed to continue this application or was he certain they will be addressed by another agency.  Folger stated that they have to go through Planning and Zoning.  Folger said that he anticipates that the detention basin will function as a bio-filter.  

Kelly had a question about the effect of clearing around the wetland pocket on the South side.  Folger stated that it would not have any effect.  It is a non-functional wetland.  The site has been fenced off and will continue to be for safety purposes.  They will be storing landscape material there.  The site will be restricted to small mammals, birds or reptiles.  Large mammals won’t have the opportunity to cross through.  Folger stated that he did not consider the area a wildlife corridor for larger mammals.  

Kelly stated that the current conditions plan dated in March doesn’t represent what the site is like right now.  Folger stated that was a request was made to try to evaluate the site and that there was a lot of trash and debris on the site.  Mr. Murtha requested to clear it.  Folger told Murtha it would be okay as long as he didn’t go within the upland review area with the clearing.  Kelly asked if it would be cleared up to the wetland to make room for the vegetative material storage area.  Wheeler stated that on the West side of the wetland they are willing to retain a 25 foot buffer around the wetlands boundary to not clear within 25 feet of the wetlands.  In the area of the landscaping stockpile; that area will be cleared.  Kelly asked if the non-disturbance area should be marked.  Folger stated it could be and it would be maintained as turf grass lawn.  Kelly asked if the line should be shown on the plan.  Warren asked if it should be marked in the field to be sure that during construction, a bobcat doesn’t enter the area.  Folger stated that the limited clearing is flagged as part of the construction operations.  

Phillips asked Folger if the current detention basin likely to provide amphibian habitat that the current one does not.  Folger stated that the bottom of the basin is going to be of the same elevation as the current wetland.  Folger stated that he suspects that the detention basin will not hold pond water for any significant amount of time.  Folger said that he feels that it will be a dry basin, moist at best, but doesn’t anticipate any ponded water.  The plant materials there reflect more of a wet meadow type than a shallow marsh.  

Warren asked for public comments.  There was no public participation.  

Warren asked the commission if they had any comments regarding proceeding with the application tonight.  Heffler stated that she would like to see the engineers report.  Warren stated that Folger reported that he thought that all the comments on the engineering report would be addressed.  Heffler asked Folger if he was comfortable with that.  Folger stated that he was.  


Motion to:      approve with standard terms and conditions Appl. #07-28P – Jay’s Landscaping – 473 Sullivan Avenue – Inland Wetland/Conservation Commission application for a site plan for an industrial building and office on 3.49 acres, stormwater structures, parking and associated improvements on property located southerly of Sullivan Avenue. Industrial (I) Zone.

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

Approval 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 June 06, 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.

7.      We recommend a bond of $2,000 to be submitted to the Planning and Zoning Commission to ensure compliance with the erosion and sediment control measures.

8.      We recommend a bond of $5,000 to be submitted to the Planning and Zoning
Commission to ensure establishment of the storm water quality basin.  

  • Town engineer’s review comments must be addressed to his satisfaction.
  • The 25 area around the north and west edge of the wetlands must be shown on the plans.  Activity within this area must be confined to debris removal and habitat planting
OLD BUSINESS
Folger added that he went to a workshop and discussed some of the recent court cases where there has been a reversal of decisions on wetland applications.  The records from wetland commissions that did not show specific impacts to wetlands were denied by wetland commissions and were appealed by the applicant and brought to court.  The court did not side with the town but remanded the application back to the commission.  Folger stated that it is very clear that the courts are looking for specific data and facts on what the impacts are to the wetlands.  The courts are looking for proof that there is harm to the wetlands as opposed to the applicant showing there will be no harm.  

Kupchunos requested to receive aerial maps for every application.  Other commission members agreed that they would like to receive them as well.  Folger stated that he would provide aerial maps.

ITEM:  Adjournment

Motion to: adjourn the meeting at 8:52 p.m.

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


Respectfully Submitted,




                                                
Katherine Middleton
Recording Secretary