Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
May 10, 2010
Meeting Minutes
Members Present:
Ken Metzler – Co-Chairman
Dave Schreiber – Co-Chairman
Tess Gutowski
Evan Brand
Mark Drobney
Greg Blessing - Alternate
Members Absent:
Also present:
Susan Yorgensen
Public Hearing
K. Metzler called the meeting to order at 7:32.
W2010-11 Application for construction of travel stop, including store, food service, fueling station and associated construction at 3 Polster Road (Owner: Frank & Joseph Malack etal Applicant: Loves Travel Stop and Country Store Inc. (Received April 12, 2010 Public Hearing May 10, 2010 Decision within 35 days after close of P.H.)
Attorney Leonard Jacobs, Rich Pettinelli, and Josh Wilson, both of fuss & O’Neil were all present for the applicant. Attorney Jacobs said Loves is privately owned and operates throughout the United States. The proposed facility is on a 40 acre site at Polster & Lohse Rd.
Rich Pettinelli presented the plans. He said the proposed facility is an 8900 square foot structure with a convenience store and food service. He said there will be 12 auto fueling stations and 7 truck bays for fuel. He said the site will be linear along the edge. He said the alternatives would cause greater impact to the wetlands with minimum gain.
Mr. Pettinelli said the topography of the site made for a tremendous amount of cutting to put a swale in with more of an impact to the wetlands so they have now gone to piping. Mr. Pettinelli explained the drainage including the catch basins and detention ponds. He also showed the septic plan which will be in the northern part of the site. They have completed the monitoring of test holes during the last rain storm and have also completed the 10 week monitoring.
Mr. Pettinelli explained the storm water path showing the catch basins, oil water separator and detention basins on the plans. K. Metzler asked about the south east corner by the car fueling stations and how it would contain a 7,000 gallon spill. Mr. Pettinelli said there is a catch basin in that area. K. Metzler asked if an operator would have to monitor the area and the spill and would then have to bring the mats out. Mr. Pettinelli said yes and a discussion was held. G. Blessing asked if a one year storm event happened at that time, how much water would pool in that area. Mr. Pettinelli said maybe 1 ½ inch over 1 ½ acre.
K. Metzler asked if the applicant had a narrative that discussed alternatives. Mr. Pettinelli said they have a brief discussion of alternatives.
G. Blessing asked about the swirl concentrator and if it was a vortex system. Mr. Pettinelli said yes but it has not been sized yet. A discussion was held.
Josh Wilson, a professional wetland and soil scientist submitted Exhibit #1, Vernal Pool Assessment, to the commission. He said there are 8 wetland areas flagged on site and explained, in detail, each of the wetland areas. This is also included in the Vernal Pool Document submitted. He said he originally looked at the site in June of 09 and re-visited the site 2 times in March of 2010. Mr. Wilson explained the wildlife of each wetland area and said area D was the most distinguished as a Vernal Pool. He said, based on the Wetland Appendix A Rating System, they came up with 3 Vernal Pool areas which are listed in Exhibit #1. Mr. Wilson said they want to maintain the hydrology to the best of their ability and protect the wetlands. He said the design they worked out was to stay away from the wetland
areas flagged as F & G. Mr. Wilson said a narrative of his presentation has been submitted with the application.
A discussion was held on catastrophic spills and the capacity of the basins to the South. Mr. Pettinelli said they could put a baffle in. G. Blessing asked if they were dry basins and Mr. Pettinelli said yes. He said the basins discharge to a level spreader and said the discharge flow direction would depend on the weather showing this on the plans.
T. Gutowski asked about the ridge and the paths to the wetlands. Mr. Pettinelli showed the retaining walls and paths on the plans.
Rick Sheffield, the Director of Real Estate and Development, for Loves Travel Stop was present. He said, from their stand point as a company, there are two really important things; design and containment and the human operation part of it. He said this site has the most wetlands he has ever dealt with and it is crucial to make sure all precautions are in place.
Mr. Sheffield said they operate their own tankers through a subsidiary company they own called Gemini Motor Transport and submitted Gemini Professional Code of Conduct as Exhibit #2. He went over the bullet points including the drivers doing a veeder root reading before and after the fuel drop. He said their tanks are set up so that alarms go off at 90 % full and explained the precautions and the alarm system. Mr. Sheffield explained the company’s policies, supervisor’s role and safety meetings. He said the store is opened 24 hours a day and explained the management procedures as well as the spill response system. He also explained the containment procedures, back up procedures, personnel training/testing and the surveillance cameras which feed to Kansas City.
Mr. Sheffield said they keep all supplies for minor spills on location. He said the General Managers are required to be on location once a month and monitor fuel which is also reconciled every 24 hours. K. Metzler asked what they consider a small spill and Mr. Sheffield said 1 gallon or so. K. Metzler said they get spill logs and it is not uncommon for a spill to be up to 20 gallons. Mr. Sheffield said he would find that pretty rare. If they have a malfunction, there are multiple shut-offs. He said each bay is designed with a slope and catch basin. Mr. Sheffield explained the oil/water separator and said they chose the size because it is easier to clean but they are certainly open to the size the board wants to see.
T. Gutowski asked what experience Mr. Sheffield had with unfortunate incidents and he said they have not had any substantial issues. He said he would be happy to provide a log from the other locations.
T. Gutowski asked if the facility is for 60 trucks and if they would have a gate keeper. Mr. Sheffield said it is and they will not have a gate keeper. He said TA is probably 3 times the size of their facility. He also said the tire operation will repair 5 to 10 tires a day and the tire staff’s remaining time will be applied to maintaining and monitoring the facility. T. Gutowski asked if the camera will face the back where the trucks are parked and Mr. Sheffield said no, but they could certainly work with the board.
A discussion was held on the flow of the trucks, the fuel drop and the amount of time it takes. T. Gutowski asked if the daily walk was handwritten and Mr. Sheffield said yes. She also asked about water quality testing in the retention pond and Mr. Sheffield said they do not have that.
G. Blessing asked about hands on training. Mr. Sheffield said the largest part is done when the store opens and once a year they will do re-enforcement for any employee change outs. G. Blessing asked about the training for the Gemini drivers. Mr. Sheffield said they do computer training, hands on training and they hire experience drivers. They do a screening and then put the new hire with an experienced driver for 2 week training. He said they also have a lot of electronic capabilities to monitor the driver as well.
K. Metzler asked about a Spill Prevention Maintenance Plan and a discussion was held. G. Blessing asked if the driver reports near misses and Mr. Sheffield said no, unless there is a malfunction. G. Blessing asked if the daily walk around was a check list and Mr. Sheffield said yes. T. Gutowski asked if the manager reports the spill to the DEP. Mr. Sheffield said they will comply with all rules and regulations of the State of Connecticut.
K. Metzler asked if the applicant has completed the plan for the septic and Mr. Pettinelli said no, it will be forth coming. K. Metzler asked if the piping will go thru the wetlands and Mr. Pettinelli said no. K. Metzler asked if all DEP permits would be contingent on the plans and Mr. Pettinelli said yes. A discussion was held on the applicant coming back before the commission when the septic plans are finalized and to provide the Storm Water Discharge Plan.
T. Gutowski asked about dumpsters. Mr. Sheffield said they will have dumpsters and trash cans in the parking lot which will be dumped in the dumpster. He said they are aware they have to find an outside service for the dumpsters.
K. Metzler marked the Review, Comments and Recommendations report from Joseph Polulech of JEP Engineering as Exhibit #3.
G. Blessing asked about the missing detail on CS 101 and Mr. Pettinelli said he would provide that to the commission.
Scott Wayne, of 68 Lohse Rd, was present and expressed his concern about the noise from the pumps or septic system. He also noted the map does not show the private homes and the facility is very close to the homes. Mr. Pettinelli said they are not proposing a grinder in the septic system; they will have ejector pumps as well as pre-treatment within the stores. A discussion was held on grease and what it could do to a system. Mr. Wayne expressed his concern about the pristine brook on site and the trout. He said he would think the town would want to keep businesses on the opposite side of the highway. He said Polster Rd does not have turning room for trucks and is concerned about the diesel fuel the homeowners will smell. He said his vote is to put the facility on the opposite side of the road.
James Poole and Dave Charette of the Economic Development Commission were present and said they have worked with Loves Travel Center for 2 years. He said they believe the travel stop meets the established goals of the POCD and it creates jobs and needed revenue for the town. He said it will not bring additional students to the school system. Mr. Poole said they are in support of the applicant providing they meet all IWWC requirements.
Ralph Tulis described wetland D and briefly explained the direction he believes it will drain.
K. Metzler asked for additional public comment and there was nothing at this time.
D. Schreiber motioned to continue the Public Hearing to June 14th, 2010. T. Gutowski seconded the motion. All in favor.
Regular Meeting
W2010-4 Wetland crossing at 268 River Road (Map 24 Lot 37-A Zone R 80)
Owner/Applicant: Denise Morrow (Received March 8, 2010 Public Hearing by May 10, 2010 Decision within 65 days after close of P.H.)
This application has been deferred to June 14, 2010. The applicant has asked for an extension to provide information to the commission that was observed on the site walk earlier in the day.
W2010-5 Application for Timber Harvest at 22 Willington Hill Road (Map 23 Lot 54/54A Zone R80) Owner/Applicant: Dave and Mary Krivanec (Received April 12, 2010 Public Hearing by June 14, 2010 Decision within 65 days after close of P.H
D. Schreiber motioned to remand this application to staff. T. Gutowski seconded the motion. All in favor.
W2010-9 Application for Wetlands Crossing and Garage within regulated area at 115 Mason Road ~(Map 11 Lot 27A-2D Zone R80) Owner/Applicant: Mark Hannegan (Received April 12, 2010 Public Hearing By June 14, 2010 Decision within 65 days after close of P.H.)
This application was deferred to the meeting of June 14th. The applicant would like to prepare information on the drainage and culvert size.
W2010-12 Application for water main extension between Senior Center Complex (60 Old Farms Road & Center School at 12 Old Farms Road (Map 17 Lot 1 & Map 22 Lot 53) Owner/Applicant: Town of Willington (Received April 12, 2010 Public Hearing by June 14, 2010 Decision within 65 days after close of P.H.)
Matt Brown of Anchor Engineering was present. He said the water main extension is 3300 linear feet and starts at the pump at the Senior Center Parcel. He explained the path and the detention basin and said the existing unpaved access road will be used to maintain the detention basin. He explained the excavation of the swale and said it will be reconstructed and restored to existing conditions.
K. Metzler asked why this route was chosen and Mr. Brown said the town selected it. He said he believes it was an economic decision. The cost of working in the paved area is significantly higher than working in the unpaved area. K. Metzler asked if the only work to be done was in the regulated area causing no impact on the wetlands and Mr. Brown said that was correct and explained the silt fence designed to protect the wetlands.
T. Gutowski asked if they had estimates on the alternatives and Mr. Brown said no, that is not what the town requested.
A discussion was held on the path, the man holes and flushing of the lines. Mr. Brown said the line will be 4 inch and G. Blessing said that would not give enough water suppression for the fire station. Mr. Brown said the pumps are not designed for fire suppression. G. Blessing asked why they would not put an 8 inch pipe in for the future. Mr. Brown said the existing pumps are not designed to flush out and the 4 inch pipe was the largest pipe they could have to flush out sediment. He said the pipe is designed for drinking water. A discussion was held.
K. Metzler said there are minimal impacts to the wetlands with this project.
D. Schreiber motioned to approve the application for water main extension between Senior Center Complex (60 Old Farms Road & Center School at 12 Old Farms Road. T. Gutowski seconded the motion. All in favor.
Old Business
W2003-49 Notice of violation: TravelCenters of America (the Lessee) and George Giguere of Royce Properties (the Owner) of property located at 327 Ruby Road.
The commission agreed to leave this on the agenda until DEP is finished.
Correspondence
1. Emergency Incident Report for a 5 gallon petroleum spill at 327 Ruby Road.
Minutes
T. Gutowski motioned to approve the minutes of April 12, 2010. D. Schreiber seconded the motion. All in favor.
Discussion
A discussion was held on the site walk held at 268 River Road. T. Gutowski said there was significant disturbance.
T. Gutowski said, in the future, she would like to see the agents come back to the commission with information and not default to an application instead of enforcement.
A discussion was held on a Notice of Violations, Orders and restoration. G. Blessing said there should be some compensation to the town that says you cannot do things out of sequence. S. Yorgensen said they cannot penalize them, only the court can. A discussion was held on fees and penalties. A discussion was held on restoration and permitting part or none of an application.
The commission asked staff to check with Attorney Branse regarding this issue.
Meeting Adjourned at 10:05.
Respectfully Submitted,
Michele Manas
Recording Clerk
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