TOWN OF SOUTH WINDSOR
INLAND WETLANDS/CONSERVATION COMMISSION
Minutes - 1 - October 20, 2010
MEMBERS PRESENT: Elizabeth Warren, Barbara Kelly, Carol Heffler, Audrey Delnicki, John Blondin
ALTERNATES PRESENT: Richard Muller
STAFF PRESENT: Jeff Folger, Environmental Planner
Donna Thompson, Recording Secretary
THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION – MADDEN ROOM
Chairperson Warren called the meeting to order at 7:00 pm
ITEM: PUBLIC PARTICIPATION: no
ITEM: PERMIT EXTENSIONS: no
ITEM: CORRESPONDENCE AND REPORTS: no
ITEM: BONDS: no
ITEM: MINUTES: 6/16/2010
Minutes from 6/16/2010 approved by consensus.
.
ITEM: WETLAND OFFICER’S REPORT
Folger – SW Technologies (Dave Caron), industrial subdivision on the end of Patria Rd. project, everything has lapsed on it, all the approvals of lapsed, he can’t get renewal – his 10 yrs is up for us as well. Town still holds some bonds and one of the things he is doing now because if you will recall there were 2 entrances, 1 on Schweir Rd and 1 on Patria Rd., both of those areas had some very narrow areas of wetlands that needed to be crossed to accommodate the access road. On top of that, they proposed a mitigation bank so that the direct wetland disturbance associated with the entry roads on that was about a ¼ acre. And then they proposed another almost 1 1/4 acres of additional mitigation in anticipation of incursions into the upland review area for the lots that were approved – we approved
many lots that had wetlands on the outside fringes. To accommodate buildings in there it would have been necessary to encroach within the upland review area. So they said we are going to anticipate that this is going to happen even though each lot is going to have to come in on a lot to lot basis but we will create a larger wetland area in an upland portion of the property to compensate for it up front. That one never got built but as of today he is building the created wetland that will compensate for the direct wetland impact associated with the entry roads which is about a ¼ acre. The bond we are holding is the incentive. The multiple lots have gone away – the subdivision approval has expired as well. It is now one huge parcel again with 2 entry roads that aren’t finished, stormwater isn’t finished and sewer isn’t finished. It is essentially raw land with a semi-approved dirt road going through and back out. He is marketing it to some larger firms to see if he can get a
big operator in there as opposed to a bunch of small ones. They will be excavating the area, making it suitable, bringing in organic top soil this fall and in the spring do large plantings that are required.
Commissioner Blondin asked about the status of the dam breech on Mike Jacques’ Smith Street property. Folger stated that Mr. Jacques took down the remaining portion of the breeched berm and is awaiting a response from DEP so he can proceed with removing the entire dam.
Chairperson Warren requested status on the Crispim (51 Foster Road) Cease and Restore Order which was addressed at a Show Cause Hearing on June 16, 2010. Jeff Folger stated that the Crispims have complied with everything on the Cease and Desist Order - removed all the material that was placed adjacent to the property line and within the wetland area over time; created a positive flow across their property so that accumulated water would flow from the north through their property to the south and then stabilized it with seed, etc.
Folger stated that we are looking at an application for early December on Sullivan Avenue, the large parcel that Charbonneau owns, just down from Kennedy Road – has a sign that says “No Wetlands” on it – it does have wetlands on it, about ½ acre on the east side of the open area, which has been incorporated into the cornfield – exercising their right as an agricultural use. Folger explained that they could do that and it takes the vegetation component out of the Army Corp of Engineers definition of a wetlands – they look at not only the soils, but also the wetland vegetation and at the evidence of the water table within the soil itself. If any of those 3 are not there, then Army Corp doesn’t have jurisdiction, but if they look at a air photo from 3 years ago and find there was a wet
meadow there, they will claim jurisdiction anyway. That is one of the things they are looking at now to determine whether or not there is any jurisdiction from Army Corp of Engineers – which is not our issue anyway. We probably will see something within the next month. They are doing soft borings right now. When questioned by Commissioner Kelly about possible disturbance to the vernal pools, Folger said he has not seen any preliminary information, but it is his understanding that they are not going any further than the tilled area with this project. This project may be very close to the wetland area, they may want to do something to that wetland area and use mitigation. Folger said the project is very big – Aldi size.
ITEM: PUBLIC HEARING: no
ITEM: NEW BUSINESS:
Discussion: Conservation Commission relocation: After review of the state statute and responsibilities of both the Conservation Commission and the Open Space Task Force, expression of points of view, questions and clarification, the Commissioners determined that the Conservation Commission should remain part of the IWA/CC not become part of the Open Space Task Force.
Due to concern expressed by residents, Chairperson Warren researched regulations regarding use of the Wildlife Sanctuary by dogs and horses. There are no regulations to prevent walking leashed dogs on any town property, but unleashed dogs should not be loose in the Sanctuary. Horses should not be ridden in the Sanctuary - the reg states horses can only be ridden on bridle trails – of which there are none in town.
Folger stated that there will be an ordinance created to protect the grasshopper sparrow on the Clark Street side of Wapping Park and signage will be placed stating that dogs are prohibited and why – this is a ground nesting bird management area. The ordinance will designate wildlife protection zones (i.e., Wapping Park, Donnelly, the Sanctuary, etc.)
Chairperson Warren – New Firehouse Property, 765 Sullivan Avenue – when it was an application here, understanding was that some of it would be open space and some of it commercial. Now understanding is that it is going to be marketed as one large piece of property. Nothing is designated and the Town Manager is going to offer it on the open market in the hope that (Heffler: that is totally contrary to what we were told) it will sell better as one big open piece and then, not to worry, the developer will give it back. This is not something to be counted on. The impression when the firehouse went in was that there would be some open space out of this. Believed open space money used to purchase some of it. Heffler/Folger – no, it was not. Folger: They used open space money to
purchase 625 Ellington Road (the Sedge property) - $496,000 came out of open space funds, it will be replaced when the property is sold. Warren: Why didn’t they use referendum money to buy that? Folger: Unknown. The 625 Ellington Road property could not accommodate the new firehouse, but another development could go in there because there is at least an acre of buildable area that would not disturb any wetlands or sedges on the site. Heffler: Along with everyone else, thought new firehouse was going to be on Sullivan Avenue, but now we have this. Blondin: They moved the facility back to leave a more marketable piece of property. Folger: At the time the application went before all the land use commissions, the plan showed firehouse here, it showed this area here which is the remainder of the dry portion of the property as commercial and then from here basically over to this eastern corner it showed it as open space. I think the intent at that time was that this was the
way the Town envisioned the property being sold over time. Approximately 1½ months ago, Planning Dept. was asked to determine property lines for the firehouse portion because they were going to survey this portion as part of the “as built” and close out the whole bond issue. We said if the surveyor is going to be out there, why not have him survey the lot and talk about what we are going to do to subdivide this property to cut the commercial portion out from the open space portion. Initially we were told to go ahead. Approximately a month ago, we were told to just survey the portion for the firehouse. The reason being to market the entire remaining portion as one parcel, knowing there is a large portion that is not buildable. Reason being that if someone was to purchase all 19+ acres, they could use the entire parcel to determine the impervious coverage. Kelly: So they can cover more of the remaining land.
Heffler: Exactly, and they can give it back to us as mitigation or whatever, though it is what we are entitled to begin with. Commissioners were very upset by “underhanded” dealing of this issue. Folger presented two options for the Commissioners to consider: 1. Town Land Use Commissions approach the Town Council with the opinion that Town should determine property line not a developer on what is being purchased; 2. As suggested by Commissioner Kelly, request that a conservation easement be placed on this portion now and then market the property, which would ensure that whoever owned the property, that area would remain untouched. Heffler: The Town owns the entire parcel now, why hasn’t the Town carved out that portion, this is Town-owned property, it’s open space for the Town, it has nothing to do with development. You don’t need an easement. You don’t need anything – it’s Town-owned land - we already own it. Commissioners: Because it will sell better. Heffler: We’re
talking about getting easements on it, but it is Town-owned land now and it should stay Town-owned land. It should not even be considered as part of any of this. Folger: That is an opinion that could be made to the Town Council by the Conservation Commission. Kelly: What is the guarantee that there is still going to be access to Donnelly? Folger: That would have to be written into a contract saying that if you’re the developer, once you get the appropriate amount of impervious coverage approved, the rest of the property has to go back to the Town. Heffler: This does not make any sense. If it’s not developable land it should not be considered to be given to any developer to be marketed or sold. It’s Town-owned land right now, it should be left Town-owned land. We own it as citizens of South Windsor, we paid for the land. Kelly: We are telling this other developer interested
in the property with the sign “no wetlands”, that there really is wetlands and you have to consider that in the impervious coverage, and then we’re doing it differently here. Here they are letting someone build a bigger building because they can get more money for it. They should go to Planning and Zoning and get a variance on that site to allow building over the 60%, instead of being devious about it. Warren: The Town Manager feels that it would be more marketable and sell more easily and what you’re saying to the potential buyer is that there’re no restrictions on it right now and you got this huge piece and we can work it out. Heffler: Who said they’re going to work it out? Warren: Exactly, that’s what I’m saying, that would be my argument - that doesn’t mean they have to agree. Heffler: We were promised it by the Town, we were told that it would be part of Donnelly. Kelly: We even asked if they were going to put that easement on it at the time, and were told no, it
would be better, we can trust the Town, they’ll do it later. Folger: You can certainly make your concerns known and advise a course of action. Kelly: I know this was a sensitive issue because this came in and we were already burned once on the whole Town Center thing near the post office, that pond and then Stop & Shop and everything else, where land that was designated open space, making one piece of development palatable, was double counted. Heffler: This is how it will work – “Here this is yours, wait a minute, let’s give it all to them, it’ll come back to you, it’s yours - after we get to do what we want to do to make our figures look good. Kelly: I understand maximizing the dollar return, but the honest way to do it is to give the lot an exemption to let somebody build a bigger building on it. Heffler: There are ways to do it without giving up the open space we were promised and
we already own.
Motion to: direct the Chair to write a letter to the Town Council, with a copy to the Town Manager, stating the Inland Wetlands Agency/Conservation Commission’s objections and concerns to the proposed sale of property located at 765 Sullivan Avenue and to advise a course of action that would be consistent with the information that was provided when the building was approved on the site.
Was made by: Commissioner Heffler
Seconded by: Commissioner Blondin
The motion carried and the vote was unanimous.
Family Day at Wapping Park: The date is November 7, 2010. There will be guided tours of trails and Open Space Task Force will be answering questions and distributing information.
ITEM: OLD BUSINESS: no
ITEM: OTHER BUSINESS: no
ITEM: ADJOURNMENT
Motion to: adjourn the meeting at 8:26 pm
Was made by: Commissioner Heffler
Seconded by: Commissioner Kelly
The motion carried and the vote was unanimous
Respectfully submitted,
Donna Thompson
Recording Secretary
Approved: December 15, 2010
| 
