TOWN OF SOUTH WINDSOR
INLAND WETLANDS/CONSERVATION COMMISSION
Minutes - 1 - March 21, 2012
MEMBERS PRESENT: Elizabeth Warren, Barbara Kelly, John Blondin, Carol Heffler, Audrey Delnicki, Adam Reed, Jack Phillips
ALTERNATES PRESENT: none
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:
Chairperson Warren stated that she talked to the Mayor about the request from IWA/CC for an equal number of commissioners from each party and was told that the Town Attorney is being consulted due to the State’s involvement with the commission’s regulations, etc. and it is not clear if this change can be made without the State’s permission. Commissioner Phillips and Commissioner Kelly stated that the number of commissioners is determined by the IWA/CC by-laws and that commissioner members do not necessarily have to be appointed by a party. Warren stated that the Mayor is looking into it and will get back to the Commission.
Folger advised the commission that an application from Nutmeg Commons for a multi-family development on land south of South Satellite Road is expected at some point. The development would be on a large track of land accessed from Pleasant Valley Road. The parcel is currently very heavily vegetated with brush, but there are no leaves on the trees – now would be the time to walk the property. Folger provided the commissioners with a proposed layout of the project with accurate wetland boundaries and an aerial photo as well.
ITEM: BONDS: none
ITEM: MINUTES:
Motion to: accept the minutes from 2/15/2012
Was made by: Commissioner Blondin
Seconded by: Commissioner Delnicki
The motion carried and the vote was unanimous.
ITEM: CONSERVATION COMMISSION:
Folger reported that another section of boardwalk has been constructed at Wapping Park as an Eagle Scout project.
Folger also reported that beavers have built dams above and below the bridge at Donnelly where it crosses the Podunk, creating a lake there. A trapper has removed six from the culvert at Sullivan Avenue and will continuing trapping until the deadline of March 31. Beavers are not relocated as it would just transfer the problem somewhere else. The trapper said that there is a large population of beavers in South Windsor.
Folger also reported about the in-house mosquito control project being developed along with the Town’s Health Officer. Based on discussion with the DEEP representative, Folger learned that the most effective time to apply the initial application of the larvicide they would be using is in the spring. The spring time will have the highest population density and treating the high concentration areas will have an effect for the entire year. It is not feasible to do everywhere, so to supplement, spraying for adult mosquitoes can be done for special events. In addition to the larvicide treatments, Folger said there is a plan to raise top feeding minnows that are native to Connecticut to help control the mosquito larva in ponds.
ITEM: WETLAND OFFICER’S REPORT:
Folger updated the commission on the status of the Neary violation issue on property located at 1576 Main Street. An interior lot was approved for the property prior to Mr. Neary’s ownership. Mr. Neary has had all the trees cut down, including those in the wetland area at the rear of the property. At some time in the past a neighbor dug a ditch to drain water from his property. The Town and Mr. Neary have agreed to a restoration plan for the clear cutting issue, and the neighbor has filled in the ditch. The stumps of the trees cut down in the wetlands will remain for regeneration and Red Maples and Weeping Willows will be planted. There is a $5,000 bond and the plantings must be done before a building permit will be issued for construction of the house Mr. Neary is planning to build on the interior
lot.
ITEM: SHOW CAUSE HEARING – Shepard Violation, Pleasant Valley Road
Folger stated that there was clearing and dredging done to a watercourse that had been incorporated in a drainage area for agricultural fields. There were no erosion controls in place.
Photographs that had been provided by Tim Shepard, showing the area affected, were distributed to the Commissioners. Mr. Shepard had also provided a letter of explanation to the Commissioners prior to this meeting.
Since Folger had discussed the situation with the Shepards, the area has been stabilized with seed and mulch. Approximately 1,000 feet of the watercourse was cleared and dredged. It was an area that drainage was very, very questionable on. The property adjacent to the watercourse on the north side of Pleasant Valley Road has experienced quite a bit of flooding in the past. There was a lot of slit in the pipe within the stream channel. When Folger became aware of the issue, much of the work had already been done and there were stockpiles of the dredged material along the banks of the stream. No appreciable erosion controls were in place. Folger had the equipment operator remove the stockpiles and grade down the area. Folger also met with Tim and Kip Shepard at the site to discuss this issue. Folger explained to the Shepards that the process is to come before the commission which will make the determination whether or not it is a use as of right matter, and to present a
methodology that would minimize any transport of sediment into natural areas offsite. Folger said this watercourse feeds a marsh where the Podunk comes under the road and heads down to Chapel Road. It is one of the feeder steams into the Podunk.
Chairperson Warren invited the Shepards to speak.
Tim Shepard referred to the above referenced letter indicating that it provides the explanation and reasoning for this work. Mr. Shepard stated that in addition to the work that has been done, they would like to finish clearing the last 50 foot section of brush and would like to replace a culvert that previously existed between two fields. The culvert collects runoff from RT 5, the South Windsor Arena and whole east side of the field. Water is running over the field because the culvert in the ditch is so filled in. Once the project started it escalated – each step led to another. They dug a siltation pond at the end of the drain – anything that comes down will end up being collected in the siltation pond and can be taken dug out later. Mr. Shepard acknowledged that he should have talked to the
Town first, but the thought just never crossed his mind - it was something that had to be done and which became a $20,000 project. In regard to the water running over the land and the silt being deposited due to the blocked pipe, he feels that if he had approached the Town first, he would have been told that something did have to be done. The ditch had not had anything done to it in at least 50 years. The Shepard’s lease the land out for farming and to be productive it has to be maintained. Mr. Shepard felt that the environment is better off for what they did – there are some fish and wood ducks already. They’d like to finish up and have it right. They have the stone, will do rip rap, and would like to dig the siltation pond a bit more due to the immediate wildlife interest. Mr. Shepard stated that they would like to replace an old culvert that had been removed during the recent work done on the property. The
replacement of the culvert will permit ease of travel between the fields, instead of going out onto the road. The proposed 4 ft by 16 ft culvert would be a dirt roadway used by farm equipment. It would be larger than the original one, could be placed wherever best suited and can be done at any time (not necessarily now). Mr. Shepard stated that area has been stabilized with mulch and seeded. The switch grass recommended by Folger has been ordered.
Commissioners concerns were address as follows: it will be used for farm equipment, so it is a permitted use under an agricultural exemption; the larger culvert is better for the watercourse; it will be put in the best place for use; the Shepards will consult with Town staff going forward with this project.
Chairperson Warren stated that her concern for the activity being done without Town involvement was that if there had been any heavy rain, erosion and sediment issues would have been a big problem and could have caused a lot of damage. Warren emphasized that a landowner come to the Town first, to find out what you need to know or have to do, before starting the project.
Commissioner Kelly stated that our regulations say there’s permitted uses as of right and we have a responsibility to ascertain whether or not certain activities fit within that exemption – not looking to stop that activity necessarily but somebody has to make the call because the wetlands regulations specifically say not all things related to farming are exempt. We have to determine whether such activity’s permitted in kind or in amount.
Motion to: find the proposed activity, as described to replace the culvert that had fallen into disrepair and was removed, to be a permitted use as of right under the statute both for reasons of the extent and scope of the culvert, and for its nature as strictly related to the farming operation, section 4.1A of our regulations.
Was made by: Commissioner Kelly
Seconded by: Commissioner Blondin
The motion carried and the vote was unanimous
Mr. Shepard will confer with Folger to determine best plan going forward. Mr. Shepard felt it might be prudent to send a letter other farmers, just as a suggestion to check with the Town first before doing anything to their property – not as a requirement, but merely a suggestion. Possibly SWALPAC should be involved in the mailing.
By consensus, Commissioners agreed that Jeff Folger will oversee the issues addressed in the cease and restore letter and all associated work related to completion of this project.
ITEM: NEW BUSINESS
Appl. #12-11P – Carla’s Pasta – 50 Talbot Lane – IWA/Conservation Commission application to construct an addition to an industrial building, and associated improvements. The site is located southerly of Talbot Lane, and easterly of Nutmeg Road South. Industrial (I) Zone
Carlos Bastos, professional engineer with The Dennis Group, represented Carla’s Pasta. The addition will be on the back of the existing building, which will put it close to the 80 foot upland review area. During the construction phase a temporary sediment trap will drain to the drainage swale running behind the property. Erosion and sediment control measures only will take place in the upland review area. Under the current parking lot, which was built in the 80 ft upland review area as part of a previous approval, are rain water leeching galleries. As part of this expansion, they would like to expand these galleries to accept the additional runoff, which will entail cutting through the pavement of the parking lot. There will be a couple smaller additions to the front of the building, but the majority
of the work will be at the rear of the site. There will be about ¾ acre of disturbance.
Folger stated that there is a grass swale directly north of the existing wetland boundary and that the temporary basin will actually be in this grass swale not in the upland review area. There will be no significant disturbance in the upland review area and any disturbance will be restored.
Commissioner Heffler asked if this activity was actually minimal impact. Folger responded that it would be if it was not an Industrial Zone.
Motion to: approve Appl. #12-11P – Carla’s Pasta – 50 Talbot Lane – IWA/Conservation Commission application to construct an addition to an industrial building, and associated improvements. The site is located southerly of Talbot Lane, and easterly of Nutmeg Road South. Industrial (I) Zone, with 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 March 21, 2017. 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.
Was made by: Commissioner Heffler
Seconded by: Commissioner Kelly
The motion carried and the vote was unanimous
ITEM: APPLICATIONS RECEIVED
ITEM: ADJOURNMENT:
Motion to: adjourn the meeting at 8:33 pm
Was made by: Commissioner Heffler
Seconded by: Commissioner Reed
The motion carried and the vote was unanimous.
Respectfully submitted,
Donna Thompson
Recording Secretary
Approved: 4/18/2012
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