Town of South Windsor, CT Agendas & Minutes Archive

IWA/CC Minutes 7-25-2007

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

ALTERNATES PRESENT: Mario Marrero sat for Jack Phillips

Roy Szoka sat for Jim Kupchunos

STAFF PRESENT: Jeff Folger, Environmental Planner/Conservation Officer

Kathy Middleton, Recording Secretary

GUESTS Duncan Forsyth, Attorney representing the Town of South Windsor

Chairperson Elizabeth Warren called the meeting to order at 7:06 p.m.

ITEM: MINUTES

The Minutes from July 11, 2007 were approved by consensus of the Commission.

ITEM: CONSERVATION COMMISSION

Folger gave an update on the open space properties. Folger stated that he met with the Parks and Grounds Superintendents and Mike Gantick, Director of Public Works about getting access to Wapping Park. There are a number of Eagle Scouts that are willing to start carving trails. There aren’t any established areas set aside for public parking. There will be two crossings of the Podunk River. Folger stated that they are trying to determine a low impact way to make the crossings possibly by putting piers or footings on either side of the brook. Folger stated that the State Archeologist has located a Native American campsite that dates back to about 9000bc. It might be a good idea to recreate that site as a feature on one of the trails. Heffler asked if there was an aerial map that could be provided for open space. Folger stated that a contour would be more helpful and he could provide one to the Commission.

Folger stated that there is a person who wants to purchase a memorial bench for Donnelly. Folger stated that there are four more spots where memorial benches could go.

ITEM: WETLAND OFFICER’S REPORT

Folger stated that there was a minor silt fence failure at one of the construction sites off Abbe Road. It has been repaired. Folger stated that there was a washout on one of the town roads but it did not involve wetlands. Muller asked what the progress of Aldi project is. Folger stated that they haven’t started on the street yet and as of a few weeks ago they were finishing negotiations with DEP on what the DEP wanted as far as mitigation. Folger stated that Aldi did get their State Traffic Commission permit. Appleton asked about the status of the Mobile Station. Folger stated that they were supposed to remove the tanks on July 25^th, but they are still working on the excavation holes and then they would start the removal of contaminated soil. The pond is being tested twice a week for benzene. Muller asked if it had been determined how the leak happened. Folger stated that a valve that was hooked from the tank to the pump had an “O” ring failure.

ITEM: PUBLIC HEARING

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.

Karen Isherwood, Design Professionals came before the Commission and gave a brief overview of the past meeting and introduced Dick Boston, Director of Landscape Architecture for Design Professionals. Boston made the following comments concerning the wetland plant inventory.

Minimize any disturbance of existing wetlands
23,000 square feet of existing wetlands
Majority of wetlands are two types of sedges (Nut sedge or Tussock Sedge)
Concern in the area behind barn where there is brome, timothy, and wheat seeds
Primary area of concern is where there is thistle, tall grasses, milkweed
Portion of wetlands that is divided by a fence has a lot of bedding (want to remove fence)

Open wetlands with a Red Maple
North of existing wetland is more of a shrubby condition with primarily sedges as well as milkweeds, golden rod
Black Walnuts (will keep)
Existing trees are weeping willows (about 12 – 34”)

Two main concerns besides thistles is the pockets of multiflora rose
White pine will be removed (too close to the construction)
Existing lawn will be mowed and overseeded with a wet meadow seed mix, the soil will not be disturbed
Protect existing trees
Request to add additional shields to the back side of the light fixtures.

Karen Isherwood stated that there are changes on the plans that address other town staff comments.

Relocation of the sidewalk along the frontage has been pushed as far forward away from the sanitary sewer easement and is now one foot over the property line.
Parcel A detention basin has been raised 1.15 feet allowing to retain existing 18” RCP

Due to raising the detention basin the slopes have been changed on the easterly side of both basins to one slope to try to pull both basins away from Buckland Road

Another section of 5 foot sidewalk has been provided from Parcel A to the front.

Boston stated that there are invasives such as poison ivy, sumac and bittersweet that he would like to see removed. Boston also stated that during his walk of the site after the heavy rains he was surprised at how dry it was and stated that it is consistent with the ground water testing that was done.

Kelly asked about the possibility of making the building that is located close the wetland smaller. Isherwood stated that the building is modest in size. Isherwood said that one alternative was to move the building forward and have parking around the building. Isherwood stated that in considering access management they wanted to avoid wetlands on that property as well as the property to the north. Isherwood stated that the building was originally square and has now been angled to provide as much separation as possible from the existing wetlands. Parking behind the building has been eliminated.

Isherwood stated that comments have been addressed from the wetland officer as well their own environmental specialist.

Muller asked if the basin had the same capacity now that it is smaller. Isherwood stated that the basin is not as deep as it was and the actual volume is the same. Appleton asked if the design of the northerly building is the same as it was. Isherwood stated that the building has been refined a number of times. Isherwood stated that they are allowed 65% impervious coverage with the combination of the two lots. The 2.7 acre combined parcel is 47.9% impervious coverage. When the wetlands are taken out, the impervious coverage is 58.7%.

Szoka asked if the plantings would be maintained by the property owner. Boston stated that they would be maintained by the property owner. Szoka asked if there should be an approval condition to state what type of pesticides would be used so not to affect the wetlands. Boston stated that they would be open to that. However, most practices for pest control management is that they will not spray anything unless there is a serious outbreak. Szoka asked if it had to be sprayed and what kind of impact would it have on the wetlands? Boston stated that it would depend on the situation and the type of pesticide used.

Warren asked what type of plantings would be used. Boston stated that the majority is red dogwood, holly, sparkle berry, and northern arrow-wood.

Folger stated that the application met all of the town staff concerns and comments and according to the recommendation from the environmental consultant and landscape architect about minimizing disturbance within the wetland areas that are starting to come back, it is appropriate for the restoration efforts to be put in place.

Muller asked if the intervener was notified of the meeting. Warren stated that she did not believe it was our duty to notify the intervener. Folger stated that he personally delivered the revision to the intervener.

Forsythe stated that the intervener has not presented any evidence to suggest that the proposed activity would be a detriment to the natural resources of the state

Motion to: Close public hearing for appl. # 07-27P at 7:55pm.

Was made by Commissioner Heffler

Seconded by Commissioner Kelly

The motion carried

The vote was as follows: unanimous

Kelly stated that there is no where in the record that shows any thing that would constitute unreasonable pollution impairment.

Motion to: find that application 07-27P will not cause unreasonable pollution, impairment or destruction of the air, water or other natural resources of the State related the Verified Petition for Intervention under CT General Statute 22a-19 presented by Evon Muschinsky and based on the fact that no evidence has been presented by the Intervener to the Commission that there is a finding that this application would cause unreasonable pollution, impairment or destruction of the air, water or other natural resources of the State.

Was made by Commissioner Heffler

Seconded by Commissioner Kelly

The motion carried

The vote was as follows: unanimous

ITEM: NEW BUSINESS

Motion to: Approve with Conditions - 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

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 May 16, 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. Pesticide applications occurring on the Eastern portion of the site must be done upon consultation of Town Staff.

7. We recommend a bond in the amount of $7,500 be submitted to the Planning & Zoning Commission to ensure compliance with the erosion and sediment control measures and a 15,000 bond to ensure establishment of stormwater structures and mitigation.

Was made by Commissioner Heffler

Seconded by Commissioner Delnicki

The motion carried

The vote was as follows: unanimous

Appl. #07-40P – KAZ Equipment LLC – 187 South Satellite Road – Inland Wetland/Conservation Commission application for an expansion of an existing industrial building, stormwater structures, parking and associated improvements on property located northerly of South Satellite Road. Industrial (I) Zone.

Joe Kazmer, partner of KAZ Equipment owner came before the Commission and stated that his engineer was not available to make the meeting. Folger stated that he would give an overview of what was to be presented.

Folger stated that this application is to expand an existing parking and equipment storage area behind the industrial building and made the following comments

There is about 8,000 square feet of activity occurring within the upland review area.
Adjacent wetland to the north of the property
Property is wooded (a portion of the wooded area would be removed to accommodate the storage area)
Standard perimeter erosion controls are proposed for the site
Soils on site are sandy and topography is very flat therefore perimeter controls are appropriate
Stormwater is being handled by sheet flow off of the site to a grass swale and then to a grass bio-filter along the rear of the property which will perform water quality renovation as well as providing a physical buffer from activities on the site and the wetland area.
Mechanical activities are associated with tree stump removal and land grading
Engineering on the site is to maintain level grade and positive drainage to the grass swale

Folger stated that he would recommend that the grass seed and mix be added to the plan. Folger stated that the impacts to the wetlands will be minimal or non-existent. The most impact is the indirect sunlight being made available within the canopy of the wetland area because of the tree clearing.

Kelly asked if the amount of clearing is in line with the paving on the adjoining lot in proximity to the wetlands. Folger stated that the wetland itself showed no evidence of surface water ponding on the site any time. Removing some of the canopy to the south will help to stimulate understory shrub growth in the wetland area. Folger stated that it would increase the wildlife value within the wetland. Folger stated that he doesn’t expect to maintain any kind of hydrology within the bio-filter other than just a grass mix and does not expect wetland plants to develop because the soils are sandy and deep.

Motion to: Approve with Conditions Appl. #07-40P – KAZ Equipment LLC – 187 South Satellite Road – Inland Wetland/Conservation Commission application for an expansion of an existing industrial building, stormwater structures, parking and associated improvements on property located northerly of South Satellite Road. Industrial (I) Zone.

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.

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. Grass seed mix must be added to the plans.

7. 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 as well as establishment of stormwater structures and mitigation.

Was made by Commissioner Heffler

Seconded by Commissioner Kelly

The motion carried

The vote was as follows: unanimous

ITEM: OLD BUSINESS

Appl. #07-19P – ECHN 2 Office – Modification of existing permit - 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. Relocate the approved detention basin.

Frank Hubeny, professional engineer came before the Commission to request a site plan modification. Hubeny stated that previously the Wetland Commission and Planning & Zoning Commission approved the construction of two medical office buildings that will be constructed in two phases.

Hubeny stated that the reason they are back in front of the Commission is due to restrictions placed on Evergreen Walk by the DEP. The Army Corp and DEP agreed that it would be appropriate to relocate the detention basin into the riparian buffer.

Michele Carlson came before the Commission and stated that the riparian buffer was established three or four years ago. The basin was approved in its original location but after the overall Army Corp and DEP 401 Permit any development on the site had to be sent through the DEP for their approval. The DEP decided that the basin could not be located where it was. Carlson stated that they came up with a development envelope. Diane Ray at the Army Corp has a letter drafted to amend their permit in the development envelope to put the basin back into the riparian buffer.

Carlson stated that the only difference in the original approval and this site plan change is that the grading is pulled back a little because the basin is slightly smaller than the original one.

Warren commented that there was a very thorough presentation the first time and after much consideration it was approved and feels that that should be done again.

Muller asked if the watercourse is more at risk or at less risk than the one that was previously approved. Muller stated that he sees it as more of a risk because if there are any problems with it down the road, it will be more remote than the original one being proposed. Carlson referred to the intense rainfalls two years ago and stated that the amount of rainfall was close to a 100 year storm event in that short period of time. Carlson stated that none of the basins failed. The basins are all designed with the same criteria. Carlson stated that she doesn’t see that there is much of a risk.

Heffler asked for clarification that this site plan change is going back to the original approved plan. Carlson stated that it was.

Hubeny stated that the first site plan was approved in 2006 and was for one building. The impervious coverage was approximately the same. The basin was located in the riparian buffer. Then Evergreen Walk entered agreement with Castle Corp to do two buildings and remove the basin.

Motion to: Approve Appl. #07-19P – ECHN 2 Office – Modification of existing permit - 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. Relocate the approved detention basin.

Was made by Commissioner Heffler

Seconded by Commissioner Delnicki

The motion carried

The vote was as follows: unanimous

ITEM: OTHER BUSINESS

Denfield Pond Dredging

Warren stated that there was a question as to whether an application was needed or if it is more of a use of right or agricultural. Folger stated that he was approached by the Denfields because the two ponds behind their house are eutrophying and becoming more and more shallower. Folger stated that part of the plan that was submitted showed the pond’s dredge material was being deposited in their yard. The Denfield’s are proposing to take the spoils and place them behind the house in the existing back yard area. Folger told them that they needed to provide a wetland delineation report to determine whether or not the spoils are going to impact the wetlands. Folger stated that the Denfield’s submitted the addendum two weeks ago and the wetland delineation showed that the area where the Denfield’s want to put the material is not wetlands. Folger stated that one of the agricultural uses as of right that is available to farmers is the maintenance of farm ponds up to an acre. However, the Denfield’s are not strictly agricultural producers.

Heffler asked how deep the pond would be dredged. Folger stated that it would be dredged to 4 feet. The plan also has erosion control measures. Delnicki asked if a permit was required. Folger stated that if it is a use of right then a permit is not required. Kelly read the use as permitted as a right from the regulations.

Motion to: find the activity proposed should be considered a use that will be permitted as a non-regulated use in the wetlands and the watercourses under section 4.2a of the Inland Wetland/Watercourse and Conservation Commission

Was made by Commissioner Kelly

Seconded by Commissioner Appleton

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 Heffler

Seconded by Commissioner Appleton

The motion carried

The vote was as follows: unanimous

Katherine J. Middleton

Recording Secretary

Date Approved