MEMBERS PRESENT: Chairperson Elizabeth Warren, Timothy Appleton, Richard Muller, Audrey Delnicki, Jack Phillips, Barbara Kelly
ALTERNATES PRESENT: Mario Marrero sat for Jim Kupchunos
Roy Szoka sat for Carol Heffler
STAFF PRESENT: Jeff Folger, Environmental Planner/Conservation Officer
Kathy Middleton, Recording Secretary
GUESTS Duncan Forsyth, Attorney representing the Town of South Windsor
Hal Cummings, Attorney on behalf of Tuscan Hills
Chairperson Elizabeth Warren called the meeting to order at 7:05 p.m.
ITEM: BONDS
ECHN requested a bond reduction. Folger stated that there is currently a $20,000 E & S bond, a $20,000 for stormwater structure and $100,000 for mitigation. Folger recommended releasing the $20,000 for E & S bond, the $20,000 bond for stormwater structure and reducing the mitigation bond from $100,000 to $20,000.
Motion to: reduce ECHN’s $100,000 bond to 20,000 for mitigation and release the $20,000 E & S bond and the $20,000 bond or storm water structure
Was made by Commissioner Kelly
Was seconded by Commissioner Delnicki
The motion: carried
The vote was as follows: unanimous
ITEM: MINUTES
The minutes from June 20, 2007 were approved by consensus of the Commission.
CONSERVATION COMMISSION
Folger stated that there are two scouts that want to do wildlife viewing blinds at the Donnelly Preserve. That will be the final structural additions at Donnelly. Folger stated that future efforts will be on Wapping Park.
ITEM: WETLAND OFFICER’S REPORT
Folger stated that there was not too much to report on. There haven’t been many storms and the various construction sites are in good shape. Warren referenced the article in the newspaper about the Mobile Station and stated that the article implied that it would be a while before the station was open for business. Folger stated that they would be changing the tanks and it would probably take about two weeks and that the monitoring and removal would continue until there are acceptable levels from all of the recovery wells.
ITEM: NEW BUSINESS
Warren stated that Duncan Forsythe is representing South Windsor during the public hearing regarding to appl. 07-27P-Tuscan Hills in which there is an intervener.
Appl. #07-27P – Tuscan Hills – 206 Buckland Road – Inland Wetland/Conservation Commission application for a commercial plaza on 2.7 acres, stormwater structures, parking and associated improvements on property located easterly of Buckland Road. Buckland Gateway Development Zone (GD) Zone.
Attorney Harold Cummings of 1610 Ellington Road came before the Commission on behalf of Tuscan Hills. Cummings asked if the Commission had heard from the intervener since the last hearing on June 20, 2007. Warren stated that she had not heard from them and Folger also stated that he had not heard from them but they were expected to be at the hearing. Cummings stated that he would ask the intervener for an offer of proof and ask him to disclose his experts and what he is claiming. Cummings stated that because the intervener is not present he is requesting that the Commission move forward.
Warren stated that the petition for intervention has not been officially accepted. Warren consulted Mr. Forsythe and he stated that the next step would be to accept the petition of intervention. Forsythe stated that he reviewed the petition and it may be accepted by the Commission. Once the petition is accepted it would then be incumbent upon the intervener to present evidence to the Commission regarding its belief that the proposed activity would have an adverse effect on the natural resources. Mr. Forsythe suggested that the Commission wait a few minutes before beginning the hearing because the interveners are not present. Forsythe asked if the interveners were informed that the petition would be active during tonight’s meeting. Folger stated that he had spoke to Attorney Bananno’s office and
told them that the petition would be received and asked them if they had any information that they wanted to submit prior to the meeting to allow Commission members time to review it.
Motion to: accept Petition for Intervention submitted by Attorney Bannano on behalf of Evon Muschinski.
Was made by Commissioner Phillips
Seconded by Commissioner Szoka
The motion carried
The vote was as follows: unanimous
Motion to: table Appl. 07-27P to later in the meeting to allow interveners an opportunity to be present.
Was made by Commissioner Kelly
Seconded by Commissioner Phillips
The motion carried
The vote was as follows: unanimous
Appl. #07-34P – M&S Paving and Sealing – 97, 105, 111 Commerce Way – Conservation Commission application for an industrial building, stormwater structures, parking and associated improvements on property located northerly of Commerce Way. Industrial (I) Zone.
Tim Wentzell of CT Property Engineering and Suzanne Choate, Professional Engineer came before the commission. Wentzell stated that the current location is not suitable and is visible from the Berry Patch development. The three lots in the industrial zone have been purchased in order to relocate the business to a more suitable location. Wentzell had the following comments:
- The proposed area is a flat site.
- There are some slopes on the site and the plans have been designed to stay away from the slopes.
- There are no affected wetlands in the area of the application
- Drainage from the parking lots will be to the street system
- Roof runoff will be to the back of the building
Wentzell stated that he received comments from Jeff Folger and all comments have been addressed. Wentzell made the following comments.
- Building is approx. 9,000 square feet
- Metal building.
- Front has an office area
- Landscaping has been included in front of the building and in the island of the traffic area
- Minimal amount of topsoil removal
- Silt fencing around all areas of disturbance
Susan Choate, Professional Engineer stated that Vortecnics stormwater structure has been incorporated for erosion control and maintenance schedule. Four foot sumps and traps will be used.
Warren asked if Folger had any additional concerns. Folger stated that the plan that has been presented meets the 2002 E & S Guidelines for the State of Connecticut. The stormwater measures that have been proposed are in compliance with the 2004 State of Connecticut Stormwater Guidelines. Warren asked for comments from the Commission.
Commissioner Szoka asked about the white PVC pipes that are on the site. Wentzell stated that they are markers for the sewer line. Wentzell stated that they will be using sewers for the office building and some bathrooms within the building.
Folger stated that there are several stock piles of asphalt on the property that would need to be removed. Wentzell stated that the asphalt would be removed. Warren asked if it is stated on the plans. Wentzell said that it was not on the plans but it could be an approval condition. Marrero asked Folger if Burning Bush is banned by the DEP. Folger stated that two years ago it passed legislation that a fine would be issued to nurseries that grow or distribute plants that are on the invasive species list for the State of Connecticut.
There was no public participation.
Motion to: Approve with conditions Appl. #07-34P – M&S Paving and Sealing – 97, 105, 111 Commerce Way – Conservation Commission application for an industrial building, stormwater structures, parking and associated improvements on property located northerly of Commerce Way. Industrial (I) Zone.
Folger recommended a bond of $5000.00 for erosion and sediment measures also to include installation of stormwater structures. Asphalt will be removed as a condition of approval.
Was made by Commissioner Phillips
Seconded by Commissioner Muller
The motion carried
The vote was as follows: unanimous
Appl. #07-37P – Town of South Windsor – Felt Road - Inland Wetland/Conservation Commission application to replace an existing road culvert and associated improvements on property located northerly of Oakland Road and southerly Farm Brook Lane. Rural Residential (RR) Zone
Folger stated that an application was submitted by the Public Works department to replace and upgrade the culvert underneath Felt Road. Phillips stated that in the past, public hearings have been held for town applications based on the potential for public interest and for potential impact to the watercourse.
Motion to: Hold a public hearing on July 25, 2007 for Appl. #07-37W – Town of South Windsor – Felt Road - Inland Wetland/Conservation Commission application to replace an existing road culvert and associated improvements on property located northerly of Oakland Road and southerly Farm Brook Lane. Rural Residential (RR) Zone due to the potential for public interest and the potential for impact to the watercourse.
Was made by Commissioner Phillips
Seconded by Commissioner Kelly
The motion carried
The vote was as follows: unanimous
Motion to: remove from the table Appl. #07-27P – Tuscan Hills – 206 Buckland Road – Inland Wetland/Conservation Commission application for a commercial plaza on 2.7 acres, stormwater structures, parking and associated improvements on property located easterly of Buckland Road. Buckland Gateway Development Zone (GD) Zone.
Was made by Commissioner Phillips
Seconded by Commissioner Appleton
The motion carried
The vote was as follows: unanimous
Phillips stated that although he was not at the June 20, 2007 meeting, he did review the plans with Folger and obtained a copy of the taped meeting and reviewed it. Kelly stated that she was absent as well and also reviewed the plans and took them home.
Karen Isherwood came before the commission and stated that comments and concerns from the last hearing had been addressed. Isherwood stated that she would be submitting revised plans to address Doolittle’s comments for the Planning & Zoning meeting.
Phillips stated that there was mention of putting shutters on the street lights for shading to the wetlands and asked if it was on the plans. Isherwood stated that it will be on the plans and that it was agreed upon at the last meeting and was recommended by John Ianni to further protect the wetlands. Isherwood stated that it would be incorporated in the plans.
Folger stated that all of the review items on his memo were met. Folger stated that there are no additional concerns.
There was a question about mitigation because there are only a few bushes on the plans. Isherwood gave a brief overview of the presentation that John Ianni gave at the previous meeting. Kelly asked if there could be a more complete planting arrangement because allowing the area to naturalize can be an invitation to invasives. Isherwood stated that if there were a significant amount of invasive, it would be proposed to remove them but doesn’t recall there being any. Isherwood stated that she would be agreeable to further enhancing the wetlands and adding some additional seed mixes per request.
There was a lengthy discussion about the undesirable plant species.
Folger stated that Ianni mentioned that several of the wetland areas were managed as turf grass lawn. On the Southern portion it was incorporated as part of a corral. The majority of the plant species were more domestic grasses as opposed to what is considered wet meadow plants that would be seen in an undisturbed area. The applicant stressed that the primary mechanism for reestablishing that type of plant would be to leave it to naturalize as opposed to physically removing undesirable plants. There could be more of an active restoration of what is considered an altered wetland.
Discussion continued on the merits of reestablishing native wetland plants into this area. The applicant agreed to provide a restoration plan to reestablish wet meadow plants in the disturbed areas.
Cummings requested that the intervention be denied for lack of evidence. Forsythe stated that he disagrees with Cummings as far as how to deal with the petition and recommended that the intervention petition be dealt with at the close of the public hearing.
Warren asked if it is the general agreement to hold the hearing open. Commission members stated that they agree. Szoka stated that the intervention does not factor in the decision to hold the hearing open.
Motion to: continue Appl. #07-27P – Tuscan Hills –206 Buckland Road – Inland Wetland/Conservation Commission application for a commercial plaza on 2.7 acres, storm water structures, parking and associated improvements on property located easterly of Buckland Road. Buckland Gateway Development Zone (GD) continued to allow a mitigation plan to be submitted for review by the commission at the next meeting on July 25, 2007.
Was made by Commissioner Phillips
Seconded by Commissioner Delnicki
The motion carried
The vote was as follows: unanimous
ITEM: OLD BUSINESS
Appl. #07-19P – ECHN 2 Office South – Inland Wetland/Conservation Commission application to construct two medical office buildings, parking lots, stormwater 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. request to relocate approved detention basin.
Folger came before the Commission to explain the events leading up to the relocation of the detention basin. Folger stated that the applicant was directed by Army Corp. and DEP to take the basin out of the no-build zone that DEP imposed and also the 100 meter buffer zone. Detention basin one, which is on the Southern most portion of the property and adjacent to the small water course was created as a stormwater detention area and as a bio-filter. The original intention was to move that detention basin to the far western portion of the property to accommodate Evergreen Walk and enlarge the basin to accommodate any new development. Folger that the basin has developed into an active ecosystem and is buffering development from the existing watercourse. Folger stated that it is now in the purview of the Commission
because it is considered a water course. Folger stated that the only direct wetland impact of a relocated ECHN basin is that the outlet to the basin was going to be located in an existing eroded ditch.
Commission members discussed in length whether to request a modification or apply with a new application and a new hearing. Folger stated that the applicant can not be prevented from re-applying. Warren stated that the Commission would be hard pressed to deny an application that has already been approved once. Kelly stated that because it has wetlands impact, it cannot be delegated and would have to come before the Commission.
Motion to: have Castle Corp submit a modification to the existing approved plan to relocate the approved detention basin.
Was made by Commissioner Phillips
Seconded by Commissioner Delnicki
The motion carried
The vote was as follows: unanimous
ITEM: ADJOURNMENT
Motion to: adjourn the meeting at 8:55 p.m.
Was made by Commissioner Delnicki
Seconded by Commissioner Phillips
The motion carried
The vote was as follows: unanimous
Respectfully Submitted,
Kathy Middleton
Recording Secretary
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