MEMBERS PRESENT: Betty Warren, Audrey Delnicki, Richard Muller, Barbara Kelly, Mario Marrero Jack Phillips, Carol Heffler, Tim Appleton, Jim Kupchunos
ALTERNATES PRESENT:
STAFF PRESENT: Jeff Folger, Environmental Planner/Conservation Officer
Maria Acevedo, Recording Secretary
Chairperson Warren called the meeting to order at 7:00 PM
ITEM: CORRESPONDENCE AND REPORTS
Warren stated that Folger handed out a copy of an article from a Legal Advisor for CACIWC. Folger stated that he found it gave a good explanation of use as a right and the thought process involved.
Warren stated that she has a letter from the Town Manager regarding the Leadership Roundtable and asked the Commission members if they received a copy.
ITEM: MINUTES
Corrections: Warren stated that a correction should be made on page three to reflect her question for public comments and concerns regarding the application for Sunrise Development (07-63P).
Minutes of December 19, 2007 were approved with corrections by consensus of the Commission.
ITEM: CONSERVATION COMMISSION
Folger stated that they are going to begin work at Wapping Park. Folger stated that they are looking at working in Wapping Park outing in a parking lot on Clark Street and then they will look at investigating some trails. Warren asked if the parking lot will go in during the winter. Folger stated that it will depend on the snow.
ITEM: WETLAND OFFICER'S REPORT
Folger stated that everything has been pretty stable. Folger stated that he has been working with Dawn who is the Town's GIS Technician and they will be looking at the Town and taking sub watersheds and applying the impervious coverage to each of the sub watersheds and then determining what percentage of impervious coverage occurs in each of the sub watersheds.
Folger stated that he would be talking to the representative from Exxon Mobile to see if they would come on the February 20, 2008. Folger stated that he would like to have a meeting during the late afternoon for first responders.
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 introduced the speakers for the application. Jacobs stated that they are in front of the Commission tonight to provide additional information that was requested by the Commissioners.
Wilson Alford Jr. of Alford Associates came before the Commission and gave a brief overview of the application that was presented on December 12, 2008. Alford made the following statements:
" Alford stated that the property is about 95 acres.
" The proposal is a single family open space subdivision.
" Wetlands on property are associated with a stream that run east of the wetlands
" There are three areas of impact, the north side, the south side and the road that is crossing over the wetlands that are adjacent to it.
" Four detention basins are on the property and are designed to take the stormwater and drain off the property.
" Erosion and sedimentation control will be done in phases
" Contaminates on the property have been determined that the highest concentrations are to the east of the property.
" Pond will be protected from pesticides and herbicides during construction.
Alford addressed the items requested by Town Staff and made following comments:
" Engineering Concern: Outlet structure to be constructed in south end of existing pond. A sketch has been outlined to show this. A short wall would be put in and there would be slots to put boards in so that the water in pond could be raised or lowered.
" Commissioners Concerns: Fertilizers and pesticides on the site. The detention basins are constructed with a foot to a foot and a half of water below the outlet of the pond so that the water will come in, fill up to 1 1/2ft. and then will go out of the pipe. This will hold the sediment and the water in the basin to allow the plants to have some uptake of water and allow the sediment to deposit out.
" A stone swale has been designed in the bottom to help reduce the level of the water after the storm. Engineers concern was if there wasn't a stone swale then the water would stay longer and the vegetation would have time to act on it and the sediment would deposit out more because it wouldn't be going out. The suggestion is to reduce it down to 1/3 of the length of the storm trenches which would hold the water three times as long allowing the pesticides and fertilizers to be absorbed by the plant and allow the sediments to drop down.
" To keep the houses from encroaching into the wetlands Norway spruce will be planted to make a visual buffer and a physical barrier.
Commissioner Kelly expressed concern as to whether or not the swale or rain garden would be disturbed by homeowners. Folger asked if a drainage easement could be put on the rear portion of the property. Alford stated that a drainage easement could be put on it.
There were questions regarding the pesticides on the property, Tomek Grajewski made the following comments:
" Historic pesticides are designed to stay at the upper crust.
" The soil was tested in October of 2006 and 2007.
" Current pesticides are designed to be soluble in the ground water; they should not go into the soil.
There was question about whether or not the homeowner would be aware of the remediation on the site. Len Jacobs stated that people purchase lots everywhere that are not tested and therefore the homeowner does not know what they are getting. In this case the soils will be tested and removed and the levels will be below the levels that the government is concerned with. Mr. Mannarino stated that the soils will be tested and if they meet the required levels, they will be sold. If the lots are contaminated they will not be sold until remediated.
There was question about the open space and whether it would be tested. Grajewski stated that the open space would be tested and if it is polluted with contaminates it will be brought up to standards. Commissioner Kupchunos asked if the Town could reject the open space. Len Jacobs stated that the open space can be rejected by the Town and if that is the case, the land can be donated to private parties.
Folger gave a report about the condition of the open space. Folger stated that discussions have taken place with the applicant and staff and stated that the condition of the open space is currently a Christmas tree farm and the land was tilled in a way that the water sheds off the property quickly. The trees are planted on a raised bed and there are troths next to it to facilitate drainage. This has also caused erosion. There are impacts to wetlands because of this practice. The environmental report that was done by REMA confirmed that the flood plain adjacent to the Podunk River has suffered from sediment impacts caused by runoff from the properties. The flood plain has over a foot of accumulated sediment in some areas. The Town is concerned that if they take a piece of property they would want it
to be in a safe and stable condition. One of the discussions between staff and developer is what steps to take to stabilize the property.
Commissioner Appleton asked about Town Staff raising and lowering the pond and asked if that would be during the course of a rain event. Folger stated that if the pond is going to be deeded to the Town as open space, they want to make sure that the water level is conducive to the recreational activity planned (fishing) and if they are going to be dealing with pond vegetation, a way to control that would be to dry down the pond in the winter time and let the vegetation freeze down to the roots to help to control it.
Commissioner Phillips asked Folger if he's satisfied with the detention basin details. Folger stated that he is satisfied and it has been looked at closely and stated that the farmer is going to continue to use the property as the phase's progress. Warren asked if the changes that were suggested by Alford were satisfactory. Folger stated that it is satisfactory.
Commissioner Phillips asked if there were any consideration regarding the neighbor's concern about the runoff from the property. Warren asked if the applicant was aware of the letter. Jacobs stated that the applicant needs time to respond to the letter. They are aware and will be prepared to respond to it at the next meeting.
Warren asked for comments from the public.
Commissioner Heffler read a letter into the record that was mailed to the abutters.
Mark Waxemberg of 3 Karen Way came before the Commission and asked about the housing density of the project and its impact to the wetlands. Warren stated that the application can only be addressed as it appears and believes that the application does represent the maximum number of houses that are proposed and the measures that the applicant has taken addresses the number of houses that appear.
Mary Waxemberg of 3 Karen Way came before the Commission and asked if the pesticides that have been spayed in the past five years are an improvement from the prior years. Waxemberg asked how far the pesticides that were sprayed in previous years have gone down below the twelve inches. Waxemberg stated that her dog contracted an eye infection and an autoimmune disease that can be directly caused from crop spraying and feels the ponds are polluted and should be tested. Warren stated that the ponds have been tested. Folger reiterated that one pond has been tested. George Logan, REMA Ecological Services stated that the larger southeastern pond was tested because that was the one that the Town was interested in more as being a potential fishing spot. Limited testing was done on the southwestern pond but not to
as great of an extent as on the southeastern pond. Logan stated that the pesticides that used to be used are the ones that adhere to the soil particles and those are the ones that have been banned. Those pesticides are still in the soil and need to be remediated to below the government standards. The pesticides and herbicides that have been used in recent years are the ones that are more soluble and have a shorter half life. Currently applied pesticide levels will drop as less land is farmed.
Gary Alexander of 41 Karen Way came before the Commission and expressed concern about the runoff from the higher parts and the wetlands that drain into the pond. Alexander stated that the trees on the hill that helped with erosion and since they have been cut down the run off has got worse. Warren stated that the standard policy is that the peak rates off runoff cannot increase. Alford stated that the water will come down into the detention basin and the stone trench will drop the water down after the storm and will then enter the pond.
Ralph Pelletier of 120 Maskel Road came before the Commission and expressed concern about the diversion of the water and whether it will affect his well. Folger requested that the applicant determine what the effect would be on ground water if the applicant were to divert the water. Mannarino stated that the report was submitted to the Town and there should not be any significant affect on the ground water on the wells.
Folger stated that the meeting will be continued until February 6, 2008. Some concerns of the Commissioners were the culverts under the road and would wildlife be able to pass through safely if needed. Is there a retention area that will act as another holding area and how will the pesticides keep from spreading? Folger stated that it is one of the reasons for the relocation of the mitigation area.
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 February 6, 2008.
Was Made by: Commissioner Phillips
Seconded by: Commissioner Appleton
The motion carried
The vote was unanimous
ITEM: NEW BUSINESS
Appl #07-67P - Redland Brick - 1440 John Fitch Blvd. - 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.
Barry Miller of Redland Brick came before the Commission and gave an overview of the Redland Brick Company. One concern expressed by Mr. Miller is a pond on the site that has begun to fail and has started to drain on the property and in the event of a major storm the side would collapse and the whole pond would drain out. Miller stated that they contacted Folger and discussed options of what should or should not be done.
Dan Delaney, Senior Project Engineer for Fuss & O'Neil came before the Commission and gave the following report:
" There are two existing ponds to the back of the property.
" There is a drainage swale that intercepts ground water and runoff. It drains the water to keep the area dry.
" The site has sandy soil which covers the wet clay deposits. Below the sandy soil is a huge clay deposit. Clay goes down about one hundred feet.
" The site flows from east to west.
" The pit itself is dewatered constantly to keep it dry.
Dan Delaney made the following statements regarding the proposals for the site:
" Increase the size of the pumping station
" As part of the overall plan, full excavation of the clay quarry
" The gravel access road will be extended
" One third of the pond will remain untouched as open water.
" 1.2 acres of migration and created marsh.
" Increase the size of the pumping settling basin, three basin series with spillage in between
" A swale on the north side of the access road is prone to erosion. They are proposing to rebuild that swale and reinforce the sides with surplus brick.
" Stabilize the areas where work is being done by using some type of seedling mix.
" Discussed the options of working around the pond and not touching it and it came down to health and safety issues. There are stability issues along the edge because if the native material there. There is also a limited ecological function with the pond. It has very steep side slopes. This could be improved by creating a permanent wetland.
Rich Snarski, Wetland Scientist came before the Commission and gave the following report:
" Existing plan has very steep banks
" 90% of the pond is dominated by phragmites
" Phragmites will have to be removed
" All the wetlands are man made.
" Pond will remain an open water pond
" Uplands create .84 acre shallow and deep water marsh.
Snarski reported the types of plants that would be used such as Wool Sedge, Bureed, Canada Rush, Cattail, Phragmites, Soft Rush, Golden Rod and Willow. Commissioner Muller asked if the pond was ground water fed. Snarski stated that it was ground water fed. Muller asked if the ground water would be healthy for amphibians. Snarski stated that the pond has very murky water and the clarity will be better than it is now. The pond will be drained down, the gravel Road will be built and then topsoil will be brought in.
Commissioner Appleton asked what would happen to the turtles when the pond is drained. Snarski stated that they will be caught and then put back into the pond when the work is done and eventually they will find their way back to the pond. Commissioner Appleton also expressed concerns about the future of the site dependent upon the Plant Manager. Miller stated that in the past permits were not needed; however, in the future the applicant will need a permit for anything that is done. Folger stated that the applicant would need to go forward before Planning and Zoning.
Bob Benson of West Road came before the Commission and asked for clarification of his home in proximity to the proposed development. Miller stated that Mr. Benson's property is over a mile away from the proposed development. Mr. Benson expressed his concern regarding the hole on the site that continues to get bigger and asked what will happen to the wells if there is no movement of groundwater. Delaney stated that non-movement of ground water will not have an adverse effect on the wells. Phillips stated that there is currently a ground water interception swale going around the pit.
Phillips stated for the record that he has taken a tour of the site and is familiar with the layout of the project area. Commissioner Kelly stated that she has also visited the site.
Folger stated that the application very well defines the limits of the borrow area. It puts the Town in a better position to review the operations from Wetland and Planning & Zoning. Kelly asked if there was a restoration plan for the phases. Folger stated that each phase ends up being a very steep slope. The restoration will be at the very end.
Motion to: Close Public Hearing on Appl #07-67P - Redland Brick - 1440 John Fitch Blvd. - 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.
Was made by: Commissioner Phillips
Seconded by: Commissioner Heffler
The motion carried
The vote was unanimous
Motion to find no prudent or feasible alternatives on Appl #07-67P - Redland Brick - 1440 John Fitch Blvd. - 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.
Was made by: Commissioner Phillips
Seconded by: Commissioner Heffler
The motion carried
The vote was unanimous
Motion to: Approve Appl #07-67P - Redland Brick - 1440 John Fitch Blvd. - 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.
This approval is subject to the following conditions:
1. The final approved copy of the entire set of plans and this letter reproduced thereon must be submitted to the Planning Department. 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 January 16, 2013. 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 wetland creation bond in the amount of $30,000 be submitted to the Planning & Zoning Commission.
7. The sediment control system from the haul road outflow drainage shall be put in place with the details of the system reviewed and approved by staff.
Phillips stated that Redland Brick has done a good job of protecting the surrounding areas and improving the wetland functions of the pond and surrounding areas that are directly affected. Heffler stated that this is a well defined plan and has had a positive impact on this site.
Motion was made by: Commissioner Heffler
Seconded by: Commissioner Phillips
The motion carried
The vote was unanimous
ITEM: OTHER BUSINESS
ITEM: ADJOURNMENT
Motion to: adjourn the meeting at 10:00 PM
Was made by Commissioner Heffler
Seconded by Commissioner Phillips
The motion carried
The vote was as follows: unanimous
Respectfully Submitted,
Katherine J. Middleton
Recording Secretary
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