TOWN OF SOUTH WINDSOR
INLAND WETLANDS/CONSERVATION COMMISSION
Minutes - 1 - October 2, 2013
MEMBERS PRESENT: Barbara Kelly, John Phillips, John Blondin, Adam Reed, Audrey Delnicki, Hugh Brower, Carol Heffler,
ALTERNATES PRESENT: Art Jennings
STAFF PRESENT: Donna Thompson, Recording Secretary
THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION – MADDEN ROOM
Vice Chairperson Kelly called the meeting to order at 7:00 pm
PUBLIC PARTICIPATION: none
PERMIT EXTENSIONS: none
CORRESPONDENCE AND REPORTS: The September 23, 2013 CACIWC letter regarding the Annual Meeting and Environmental Conference being held November 16, 2013 was distributed to the Commissioners for their response to the requested survey and registration for the annual meeting/ conference should they wish to attend.
BONDS: none
MINUTES: none
CONSERVATION COMMISSION: none
WETLAND OFFICER’S REPORT: none
PUBLIC HEARING: 7:15 pm
Appl.# 13-34W – LaCava Construction – 421 Quarry Brook Drive – Inland Wetland/Conservation Commission application for the construction of a residential house, yard area and associated improvements on property located westerly of Quarry Brook Dr., A-20 Residential Zone. Continued from 9/18/2013.
Attorney Meghan Alter had provided a draft of the proposed Rain Garden and Habitat Planting Maintenance Agreement, Warranty Deed and Private Conservation Easement Agreement for the Commissioners’ review prior to the meeting. Attorney Alter stated that these documents will be recorded on the land records and enforceable by the Town. Attorney Alter distributed a map to the Commissioners showing the two lots proposed for open space abutting current Town-owned open space. These lots will be offered to the Town, or the abutting neighbors, or remain the property of the LaCava’s. In any case the proposed Conservation Easements will be in effect regarding the two lots. Attorney Alter stated that the plan as presented for 421 Quarry Brook Drive has the least impact to the area, and no long term impact –
just during construction.
Resident, Ken Mamak, 411 Quarry Brook Drive, provided a letter signed by three neighbors opposing this project. Mr. Mamak had concerns about the small size of the house compared to others in the neighborhood and possible pollution to the wetlands in the area. Attorney Alter stated that the Conservation Easements would prevent any future development on the lots, the rain garden would be placed near the driveway to create a barrier from the driveway to the wetlands, grading will direct contaminants into the rain garden and no trees within the wetlands would be cut down.
The Commissioners requested clarification that the conservation easement would be adjusted to include the wetlands at the rear of the property. Both Kevin Johnson from Close, Jensen & Miller (Consulting Engineers, Land Planners & Surveyors) and Attorney Alter affirmed that this adjustment could be made.
Attorney Alter read into the record Mr. LaCava’s notes from1986 stating that it was always his intention to, and understanding that he would be able to, build on the three lots - #11, 12 and 28.
Motion to: close the public hearing for appl. #13-34W - LaCava Construction – 421 Quarry Brook Drive – Inland Wetland/Conservation Commission application for the construction of a residential house, yard area and associated improvements on property located westerly of Quarry Brook Dr., A-20 Residential Zone.
Was made by: Commissioner Phillips
Seconded by: Commissioner Brower
The motion carried and the vote was unanimous.
NEW BUSINESS:
Appl.# 13-34W – LaCava Construction – 421 Quarry Brook Drive – Inland Wetland/Conservation Commission application for the construction of a residential house, yard area and associated improvements on property located westerly of Quarry Brook Dr., A-20 Residential Zone.
Motion to: move a finding based upon the record as a whole there is not a prudent and feasible alternative consistent with reasonable requirements of public health, safety and welfare.
Was made by: Commissioner Phillips
Seconded by: Commissioner Heffler
The motion carried and the vote was unanimous.
Motion to: approve Appl.# 13-34W – LaCava Construction – 421 Quarry Brook Drive – Inland Wetland/Conservation Commission application for the construction of a residential house, yard area and associated improvements on property located westerly of Quarry Brook Dr., A-20 Residential Zone, with the following conditions:
- 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.
- The application shall indemnify and hold harmless the Town of South Windsor against any liability, which might result from the proposed operation or use.
- The permit is valid for five years and shall expire on October 2, 2018. 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.
- A bond shall be collected in the amount of $10,000 to ensure adequate erosion and sediment controls are constructed and maintained through the construction process. A bond shall be collected in the amount of $5,000 to ensure proper establishment of the rain garden and the other habitat plantings.
- All approvals required must be obtained and submitted prior to any activity on the site.
- A contact person shall be identified on the plans.
- The Conservation Easement boundary shall be modified to more closely match the current knowledge of the wetland boundaries at the rear of the property.
- The Rain Garden and Habitat Plantings Maintenance Agreement, Warranty Deed and protection of Lots 11 and 12 shall be in accordance with the offer in the letter from Alter & Pearson, LLC dated September 26, 2013.
Was made by: Commissioner Phillips
Seconded by: Commissioner Blondin
Commissioner Phillips stated that though the Commission in 1987 stated that these three lots were not approved then, there have been changes in the law and other conditions since that time. His decision now must be based upon the application presented now and how that fits in regard to the law and the regulations currently in effect. Phillips stated that, personally, he would like to see all three lots remain as open space, but as a Commissioner having reviewed the record as presented, believes the application as presented meets the law and regulations. Commission Heffler and Commissioner Blondin concurred with Commissioner Phillips.
Commissioner Kelly stated that the conservation easement which is actually not only to the edge of the wetlands but beyond that, providing some buffer area, will actually provide more protection than on the adjoining lots where the lawns go right down to the stream bank.
The motion carried and the vote was unanimous
OLD BUSINESS: none
OTHER BUSINESS: none
APPLICATIONS RECEIVED:
Appl.# 13-39P – Aero-Med Ltd – 571 Nutmeg Rd – Inland Wetland/Conservation Commission application for the construction of a building addition, additional parking areas, stormwater management, and associated improvements on property located westerly of Nutmeg Road, Industrial (I) Zone. Received 09-18-13. To be heard at meeting on 10/16/2013.
Appl.# 13-40P – Caron – 570 Sullivan Ave. – Inland Wetland/Conservation Commission application for the construction of a building addition, additional parking areas, stormwater management, and associated improvements on property located northerly of Sullivan Ave. Industrial (I) Zone.
ADJOURNMENT:
Motion to adjourn at 7:50 pm
Was made by: Commissioner Heffler
Seconded by: Commissioner Phillips
The motion carried and the vote was unanimous.
Respectfully submitted,
Donna Thompson
Recording Secretary Approved: October 16, 2013
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