January 7, 2008
7:00 PM -Chairman Chris Pratt called the meeting to order. Seated were Albert DeLoreto, Mike Krawiec, Mehmet Mizanoglu, Richard Solek and David Stansbury. Dennis Clark was also seated.
Review of Mail
• 2007 Lake Treatment Report Aquatic Control Technology
• Northampton, New Haven Canal Meeting
• 12-19-07 Letter RE: 192 Berkshire Ave. Mort Vining & Berkshire Ave.
• Board of Health 10-Day Emergency Beaver Permits for Sheep Pasture Rd., Great Brook (north of Town Wells), Canal Brook
• From Planning to Ferrin Heights (RE: Tree Removal)
• Minutes - Selectmen, Health, Historical, Planning
Request for Reimbursement
• J Cass for supplies purchased At Ocean State. $10.96 M Krawiec made a motion to reimburse. 2nd= D Stansbury All in Favor Motion Carried The Commissioners signed the form.
• J Stadnicki for quarterly payment for Survey Monkey $59.,85. R Solek made a motion to reimburse. 2nd= M Mizanoglu All in Favor Motion Carried The Commissioners signed the form.
D Clark Report:
192 Berkshire Ave. - Mr. Clark reported that our attorney and Mr. Shield's attorney were to meet by a specific date. That did not happen. Attorney Murphy will be contacted again. Mr. Murphy has replied on behalf of his client that confusion exists. It appears that the Town wants one thing and the DEP another. We have met with the DEP and made sure that we are both asking for the same thing. Mr. Solek inquired as to the definition of the area. He believes it to be a sensitive wetland area but the correspondence refers to an excavated area. The restoration area is what is questioned. The common belief is that the plants will grow back if the area is left alone.
Request for Certificate of Compliance requested by Saloomey Construction. Mr. Clark stated this particular lot does not have any wetland issues so the SCC can issue a partial release of Compliance. Mr. Solek made a motion to issue the partial compliance for lot 40 Book of Plans 324, Page 120 (31 Ranch Club Road) 2nd= D Stansbury All in Favor The Commissioners signed the Release.
Shaker Farm D oA - Mr. Clark advised the SCC the Shaker Farm folks were advised that they need to have both the wetland delineation and the limit of work on the same plan. They have brought another plan to the office which is not quite what the SCC asked for. They also submitted a copy to the DEP. The DEP has responded they did not feel the information was adequate but the SCC
Has the option to approve. C Pratt reviewed the plans and pointed out irregularities and inconsistencies. Mr. Clark stated he would notify them by mail. The plan needs to be signed by the person who drew it. The high water line for the brook needs to be determined.
Review of Minutes - The Minutes for December 3, 2007 were reviewed. Al DeLoreto made a motion to approve as recorded. 2nd= D Stansbury All in Favor Motion Carried
Minutes of December 17, 2007 - It was noted there was not a sufficient number of members tonight to sign the 12-17-07 Minutes.
7:15 PM NOI Hilllside Development Corp. for Hickory Lane (Map B Parcels 49, 49F, 49A & Part of 46) The proposed work is to develop a 40-lot subdivision road and building lots. The proposed road is the extension of Hickory Lane and will cross an intermittent stream and narrow wetlands to connect to Meadow Lane. Work will occur within Bordering Vegetated Wetlands and associated buffer zones. The Hearing Notice was read by the Chair. C M Maronn of D L Bean appeared before the SCC to present the plan for the applicant Hillside Development. Mr. Maronn began by stating the SCC had already approved the wetland boundaries. Mr. Maronn stated the parcel is about 146 acres and over one half is going to be set aside for "Open Space". He had advised the Commission about the reports submitted with
the plan and the information in front of them. Mr. Pratt inquired if the studies were done during the drought period. Mr. Maronn said "No". The whole project will have 3137 square feet of disturbance below the 5000 foot threshold. Mr. Maronn addressed the DEP Concerns. Written copies of his response was presented to the Commission. Locations of Detention basins were designated. Stormwater flow was addressed. They are looking into the § 401Water Quality Certification. The proposed area for the wetland replication was shown The project monitor issue was Mentioned. The general Performance Standards request from DEP was read from the Notification of Wetlands Protection Act File Number by C M Maronn. . ( 7:45 pm Mr. Clark left the room to attend the Selectmen's meeting RE: 192 Berkshire Rd) #4 regarding characterizing of the Isolated Wetlands at this site was read. A U S Army
Corps of Engineers application is to be filed. #5 Was read by the wetland representative. Mr. Maronn stated he did not see any evidence of a Vernal Pool when he was on the site.( Mr. Clark returned.) Soil types, depth to bedrock, and depth to water table should be determined before designing any detention basin. Mr Maronn responded that when you are doing a detention basin it does not matter what the soil is. #7 Standard #3 of the Stormwater Management Standards requires 80% TSS removal. Street sweeping is discretionary by the Commission. #8 the Operations and management plan Standard #9 is inadequate. At a minimum the O&M plan must identify the owner, the party responsible for operations and maintenance of the storm water structures and a schedule for inspection and required routine maintenance. Mr. Clark asked if the applicant was trying to take credit for street sweeping? Mr. Maronn responded "Yes". The applicant said he would provide the Commission with a copy of the OMP anyway. #9 Abutter notification is to be provided to the SCC.
. Mr. Pratt inquired if there was an existing plan for the Open Space and its maintenance? Who is going to be the owner of the "open Space". Reply: The "open space" will be assigned to the land owner. They will be disturbing 29,000 sq. ft of the Town of Southwick 50 foot non-encroachment area. Mr. Solek asked how much space. Mr. Maronn responded the whole parcel(s) is 154 acres. About 50% is going to be given up. Mr. Solek asked what percentage of that number is wetland? There was no answer. Mr. Solek stated DL Bean is changing the definition of wetlands when you start calling it "open Space" correct? Al DeLoreto asked Mr. Maronn of the property that you are not planning to build on what percentage of that is wetlands? Mr.
Maronn said he did not have that calculation. M Mizanoglu stated there is a conflict of terminology here. You can call it a "Natural area", Natural Space" but you can't call it Open Space. A non-usable area can not be called Open Space. Mr. Solek stated that when you see "Open Space" on a plan it automatically means a recreation area. Mr. Maronn stated they would change the name. Chairman Pratt stated "it depends what you do with it now; that is why I am asking you the question." Mr. Solek inquired why the plan does not show topo lines on the plan for the areas to be designated as "open space". Mr Solek further asked where is the opening to that open space for this project? Everyone spoke at once. Mr. Maronn stated that the plan also shows 3 lots with development as close as 25 feet to the wetlands but they can push it to 50 feet if they have to. M Mizanoglu mentioned the
Riverbank area. Mr. Solek stated there is a stream he does not know which parcel it is on but it has a 100-foot buffer to it and that needs to be addressed. Mr. Maronn stated he does not have the right to go on other people's property. Mr. Maronn stated he checked the aerial photos and could not find it. Abutters Fred Filios of 23 Meadow Lane Town and Jeff Parentela of One Stagecoach Rd. Town were invited to approach the meeting table to view the plan. Mr. Filios asked it there has been any study done on the impact of 40 wells and 40 SAS. Mr. Maronn stated not precisely; wells are generally below the grounnd water line. Al DeLoreto commented on the effect multiple wells would have drawing water to central points.
Mr. Filios and Mr. Parentela advised C M Maronn they are welcome to come on their properties to identify connected wetlands.
Mr. Filios asked the Commission for copies of documentation regarding where this parcel connects to the prior developed parcel. Mr. Pratt stated he is sure Mr. Filios could obtain copies and to contact the SCC Coordinator for assistance. Al DeLoretto advised C M Maronn that his definition of "Open Space" differs from his personal interpretation. Rick Solek advised all present that the wetland delineation is way off.
David Hall requested permission to approach the Commission. He presented copies of an 8 page letter to Commission members addressing his concerns withf the proposed plan. Mr. Hall stated the biggest concern right now is that the wetlands are not 100% represented on the plan. David Hall granted permission to C M Maronn of D L Bean, Inc. to enter his property at any time for the purpose of delineating connecting wetlands between the two parcel.s They feel (if built as proposed design) it puts the public and the town at risk of personal future liability law suits. The proposed development property has other options for egress which need to be explored. There are numerous inconsistencies to the zoning and code regulations of the town of Southwick. He continued to read identifying more than a dozen
inconsistencies.
At the conclusion of Mr. Hall's observations regarding this plan the Commission returned to the Open Space issue. Mr. DeLoretto stated that he feels they are looking at this plan the wrong way. Open Space in a flexible development has a certain definition. This is not Open Space. Mr Maronn stated this is a Conventional development. Mr. Pratt stated it doesn't meet the criteria for either due to the slopes and the wet issues. Mr Pratt stated we know, we have been out there. Mr. Solek commented that he had a hard time understanding where that swale is on the golf course. He stated he knows that swale sits right on the edge of the golf course holes. Now if the property line with all those houses in there goes to the property line______________. Interruption by Mr. Maronn. Mr.
Solek said he is referring to Lots 9,8 and 7. You've got Kellogg Brook there. I know that somewhere in there is a drainage ditch. There is a ditch right off Mouse Hill Rd. Mr. Pratt repeated to Mr. Maronn that David Hall has just granted permission for DL Bean employees to enter his property. Dennis Clark stated he noted that none of the lots show the existing or future grading nor do they show where the building envelopes are located. Are you going to ask the Planning Board for a waiver so that you don't have to do that? Mr. Maronn replied I don't know. So if you don't get the waiver than you will have to put that on the plans and the Conservation Commission would have a better idea of the impact. Mr. Clark asked Mr. Maronn why is all that stuff out there marked open space when it is not "Open Space"? M. Mizanoglu stated that we have had problems with other sub-divisions where
property has been labeled open space and then they show up at the Open Space Committee and want the town's assistance. Mr. Mizanoglu stated wetland is WETLAND. The space labeled open space will never have another use down the line for a park or something like that. Mr. Mizanoglu inquired about the provisions being made for wild life corridors. Mr. Clark asked if the stormwater calculations have been addressed yet. Mr Solek stated he would like to see it be reviewed by someone other than the Planning Board selection for "peer review". Mr. Clark explained that originally the SCC sent a letter to the Planning Board regarding a second opinion and offering to share in the review from both perspectives. However, the Planning Board is letting the applicant pick the firm for peer review. Mr. Solek stated he feels the Commission should obtain someone not selected by DL Bean, Inc. All speaking over Mr. Krawiec. The
applicant siigned a Continuation Request until February 4, 2008.
8:40 pm M Krawiec made a motion to adjourn until the next regularly scheduled meeting. 2nd= M Mizanaglu All in Favor Mootion Carried.
Submitted by Jean Cass
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