TOWN OF SOUTH WINDSOR
INLAND WETLANDS/CONSERVATION COMMISSION
Action Minutes - 1 - July 18, 2012
MEMBERS PRESENT: Elizabeth Warren, Audrey Delnicki, Hugh Brower, Jack Phillips, Adam Reed, Richard Muller, Barbara Kelly, Carol Heffler
ALTERNATES PRESENT: Vicki Paliulis (arrived after 7:30 pm)
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
PUBLIC PARTICIPATION: none
PERMIT EXTENSIONS: none
CORRESPONDENCE AND REPORTS: none
BONDS: none
MINUTES: none
CONSERVATION COMMISSION:
WETLAND OFFICER’S REPORT:
ITEM: PUBLIC HEARING: 7:15
Commissioner Phillips proposed to have applicant make their presentation first, then have questions, then have intervener make his presentation, then have questions, then have the rebuttal. This proposal was acceptable to all participants and commissioners.
Appl. #12-28P – Nutmeg Village – 388 & 428 Pleasant Valley Road, 100 South Satellite Road – Inland Wetland/Conservation Commission application for the construction of a 155 unit multi-family development and associated improvements on property located northerly of Pleasant Valley Rd and southerly of South Satellite Rd. Multi-Family (MF) Zone, A-20 Residential Zone, Industrial Zone.
Representing the applicant: Attorney Ralph Alexander and Attorney Harold Cummings; Peter DeMallie, Andrew Krar and Ben Wheeler of Design Professionals; Fred Johnson and Kim Bradley from GEI. After presentation of data in support of the application, Commissioners and members of the public had questions and comments, which were addressed by the appropriate individuals.
As an Intervener, Jeremy Baver then had the opportunity to state his case alleging that the Nutmeg Village Development would, pursuant to Connecticut General Statutes, Section 22a-19, “involve conduct reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water, or other natural resource of the state”. Mr. Baver referred to a letter in his possession from Mr. Semanski, an engineer, as supporting documentation in his opposition to the Nutmeg Commons development project.
Motion to: close the public hearing on application #12-28P at 9:41pm
Was made by: Commissioner Heffler
Seconded by: Commissioner Brower
The motion carried and the vote was Warren, Phillips, Kelly, Blondin, Brower, Delnicki, Reed, Heffler: Yes; Muller: recused himself from this and all votes on appl. #12-28P
Commissioner Phillips proposed going on to the next application (#12-31W) due to the time. The Commissioners were in agreement.
ITEM: NEW BUSINESS
Appl. #12-31W – Michaelson Residence – Pierce Rd – Inland Wetland/Conservation Commission application for the creation of a single family house lot and site plan. Located westerly of Pierce Rd. Rural Residential (RR) Zone.
Andrew Krar, Design Professionals, and John Ianni, Highland Soil, began the presentation of the application.
At 9:59 pm -
Motion to: extend meeting for ½ hour in order to continue discussion and possibly act on appl.#12-31W; set a public hearing for appl. #12-36W; and to act upon appl. #12-28P
Was made by: Commissioner Phillips
Seconded by: Commissioner Blondin
Motion to: approve Appl. #12-31W, 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 July 18, 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. A bond shall be collected in the amount of $3,000 to ensure proper placement and maintenance of erosion and sediment controls.
5. All approvals required must be obtained and submitted prior to any activity on the site.
6. A contact person shall be identified on the plans.
7. A note to be recorded on the deed regarding the placement of the wetlands.
8. If there will be any activity in the wetlands, an application must be made to the Inland Wetlands Agency prior to any regulated, unregulated or permitted activity.
Was made by: Commissioner Heffler
Seconded by: Commissioner Phillips
The motion carried and the vote was unanimous
APPLICATIONS RECEIVED:
Appl. #12-36W – Town of South Windsor – Road Culvert Maintenance General Permit – IWA/Conservation Commission application for a general permit to repair or replace road culverts as needed within specific guidelines.
Motion to: hold a public hearing on Appl. #12-36W due to potential impact on wetlands & watercourses, and to the potential for public interest
Was made by: Commissioner Phillips
Seconded by: Commissioner Kelly
The motion carried and the vote was unanimous
Motion to: set a special meeting on August 1, 2012 at 7:00 pm for a public hearing on appl. #12-36W and possibly acting on appl. #12-36W
Was made by: Commissioner Phillips
Seconded by: Commissioner Brower
The motion carried and the vote was unanimous
ITEM: NEW BUSINESS (Con't)
Appl. #12-28P – Nutmeg Village – 388 & 428 Pleasant Valley Road, 100 South Satellite Road – Inland Wetland/Conservation Commission application for the construction of a 155 unit multi-family development and associated improvements on property located northerly of Pleasant Valley Rd and southerly of South Satellite Rd. Multi-Family (MF) Zone, A-20 Residential Zone, Industrial Zone.
Commissioners made their deliberations.
Motion to: move a finding on the intervener’s allegation that as a whole presented the developer's conduct is not likely to cause unreasonable harm.
Was made by: Commissioner Phillips
Seconded by: Commissioner Blondin
The motion carried and the vote was Warren, Phillips, Kelly, Blondin, Brower, Delnicki, Reed, Heffler: Yes; Muller: recused himself
Motion to: move a finding that there was no prudent and feasible alternative consistent with the requirement for public health, safety and welfare.
Was made by: Commissioner Phillips
Seconded by: Commissioner Heffler
The motion carried and the vote was Warren, Phillips, Kelly, Blondin, Brower, Delnicki, Reed, Heffler: Yes; Muller: recused himself
At 10:29 pm -
Motion to: extend meeting for 5 minutes in order to continue discussion and possibly act on appl. #12-28P
Was made by: Commissioner Delnicki
Seconded by: Commissioner Reed
The motion carried and the vote was Warren, Phillips, Kelly, Blondin, Brower, Delnicki, Reed, Heffler: Yes; Muller: recused himself
Discussion continued.
Motion to: extend meeting to 10:55 pm in order to continue discussion and possibly act on appl. #12-28P
Was made by: Commissioner Delnicki
Seconded by: Commissioner Phillips
The motion carried and the vote was Warren, Phillips, Kelly, Blondin, Delnicki, Reed, Heffler: Yes; Brower - No; Muller: recused himself
Discussion continued.
Motion to: approve appl. #12-28P, 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 July 18, 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. Bonds shall be collected in the amount of $20,000 to ensure proper placement and maintenance of erosion and sediment controls; $25,000 for mitigation; and $50,000 for construction of stormwater structures.
5. All approvals required must be obtained and submitted prior to any activity on the site.
6. A contact person shall be identified on the plans.
7. A detailed dredging plan for the existing pond must be submitted to Town Staff for approval prior to staring work.
8. Wetlands established for mitigation must be monitored for three years.
9. Hydrology of wetlands immediate to detention basin must be monitored for two years after the establishment of the basin.
10. A 5 year maintenance plan to be submitted for the raingardens and created wetlands to suppress invasive plant colonization.
11. Regarding the management of the area adjacent to the Barrett sedge, the overstory is to be removed to let in more light.
12. The street lighting to be placed on the east side of Pleasant Valley road to impact the wetlands less.
Was made by: Commissioner Phillips
Seconded by: Commissioner Heffler
The motion carried and the vote was Warren, Phillips, Kelly, Blondin, Delnicki, Reed, Heffler: Yes; Brower - No; Muller: recused himself
ITEM: ADJOURNMENT:
Motion to: adjourn the meeting at 10:50 pm
Was made by: Commissioner Heffler
Seconded by: Commissioner Delnicki
The motion carried and the vote was unanimous.
Respectfully submitted,
Donna Thompson
Recording Secretary
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