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Town of Simsbury Conservation Commission Inland Wetlands and
Watercourses Agency Minutes
These minutes are for information purposes only. For official
minutes please contact the Town Clerk's office.
CONSERVATION COMMISSION INLAND WETLANDS AND
WATERCOURSES AGENCY
JULY 6, 2000
SPECIAL MEETING/PUBLIC HEARING
I. CALL TO ORDER
Howard Beach, Jr., Chairman, called the Special Meeting of the Conservation
Commission/Inland Wetlands and Watercourses Agency to order at 7:40 P.M. in the
Main Meeting Room of the Simsbury Town Offices. The following members were
present: Pierce Clayberger, Richard Miller, William Nowak, Thomas Sharpless,
Margery Winters, and John Yocom. Also present were Laurie Whitten, Conservation
Officer, Lisa Arakelian, Commission Secretary, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Beach appointed Commissioner Winters to serve for Commissioner
Wade.
III. PUBLIC HEARING - DISCUSSION AND POSSIBLE
VOTE (continued from 6/21/00)
A. Application of River Bend Associates, Inc. and Griffin Land &
Nurseries, Inc. for a permit to conduct regulated activities in connection with
"Meadowood" planned residential development, County Road, Hoskins
Road, Holcomb Street, Firetown Road, and Barn Door Hills Road
Dr. Michael Klemens expressed his concerns regarding the concept of
ecological connectivity and the interdependence of the wetlands on the site. He
stated that he is particularly concerned about the carnivores, amphibians and
reptiles that will use the "corridors" established if the application
is approved. Dr. Klemens reiterated what he had said at a public hearing in the
spring, that it is his opinion that this site is part of a much larger ecosystem
in excess of 1,000 acres. He stated that he attended a site walk prior to this
meeting and dip netted in Wetland #2 and came up with spotted salamanders and
wood frogs. He then moved into the ditch at Wetland 5 and, again, found spotted
salamanders and wood frogs, in addition to fish and crayfish. Dr. Klemens
predicted that, with night-time traffic on the existing and proposed roads on
the sites, there will be significant mortality of animals as they move back and
forth between areas.
Dr. Klemens also visited Wetland 1 and found it to be a very diverse wetland
with diverse vegetation and a floating bog mat. He stated that it would be an
excellent habitat for the spotted turtle and ribbon snake, both species of
special concern. He noted that, according to the plan, there are house lots
going right up to the edge of this wetland. He recommended that, even though
this wetland is off-site, the applicants need to consider it in order to
understand how the whole area holds together as an ecosystem.
Dr. Klemens stated that the proposed "corridors" will not be
adequate to protect the box turtles on the site. He explained that animals move
across the landscape in different patterns and will not stay only in the "corridors"
set aside for them.
Commissioner Nowak asked how Dr. Klemens justifies his conclusion that the
reptiles and amphibians move about as they do. Dr. Klemens replied that he has
witnessed amphibians moving several hundred feet through fields and across
roads, and he feels that, without large blocks of land set aside for their
habitats, the reptile and amphibian population will decline.
Commissioner Nowak asked for clarification of Klemens' opinion that a much
larger ecosystem (not just these 373 acres) must be considered. Klemens replied
that these species are not generally found on landscapes of less than 1000
acres, and at least that much area should be considered.
Commissioner Miller asked Dr. Klemens if he had seen any evidence of the
ribbon or hog-nosed snake on the site. Klemens replied that the habitat could
support both species, but he did not find any solid evidence of their existence
there.
Commissioner Miller asked for Dr. Klemens' reaction to the proposed crossing
of Wetland 7. Dr. Klemens replied that he has no specific opinion about the
crossing, but he sees Wetland 7 as being constricted into a very linear strip
which will not help to conserve the species inhabiting the wetland.
Attorney Tim Hollister asked Dr. Klemens which areas of the site he feels
should be set aside in order to promote the ecological connectivity. Dr. Klemens
replied that there should be broad connections between habitat areas, roads
further away from wetlands, and limited development around the water tank. He
stressed that this is an ideal piece of land where both development and
conservation can co-exist.
Hollister asked Dr. Klemens if it is his opinion that, if the development is
built as proposed, the amphibians will be exterminated from the site. Dr.
Klemens replied that, over time, the chance of those animals surviving is very
minimal.
Hollister asked Dr. Klemens how the commission can regulate beyond the
75-foot wetland buffer, given that their jurisdiction is wetlands, watercourses,
and adjacent areas defined by distance. Dr. Klemens replied that there is case
law where conservation commissions' decisions outside the normal regulated area
have been upheld when upland areas have been integral to the survival of wetland
species. He further stated that many towns have extended their authority to
regulate far beyond the 75-foot buffer.
Ed Pawlak responded to Dr. Klemens' presentation and his letter to William
Voelker, dated June 27, 2000. He stated that he disagrees with Dr. Klemens that
there are ecological connections between the wetland areas. It is his
professional opinion that the agricultural fields adjacent to the vernal pools
are not critical upland habitat. Pawlak feels it is very unlikely that the
obligate vernal pool salamanders and wood frogs reside in those fields, or
migrate through them, because they are primarily forest dwellers, and because
the fields do not lie between the vernal pools and any large terrestrial,
non-wetland wooded habitat. For example, beyond the large tobacco fields east
and south of Wetland 2 lie well-traveled roads, residential areas, and a poorly
drained swamp. Beyond the agricultural field located west of Wetland 2 lies Barn
Door Hills Road, a large tobacco field, and a small, wooded triangle that
includes Wetland 8. These conditions exist on several areas of the site and,
thus, preclude the agricultural fields from playing a role in the vernal pools'
web of life. Pawlak further stated that the on-site obligate vernal pool
amphibians have persisted throughout at least 100 years of intensive agriculture
and they will continue to persist following the development of the site as
proposed.
Mr. Pawlak took strong exception to Dr. Klemens' statement in his letter
that Mr. Pawlak has been "disingenuous' in his wetland characterizations,
and Dr. Klemens' inference that Mr. Pawlak has not been honest in his
evaluations. Mr. Pawlak stated that his characterizations and evaluations are
based upon his thorough knowledge of the site and the surrounding landscape. He
stressed, again, that based upon existing land uses on- and off-site, he feels
that the large agricultural fields are not crossed by migrating salamanders,
since there are no nearby well-drained forests at the opposite ends of the
fields. It is also Pawlak's opinion that, where ecosystem connections currently
exist, they will be maintained to the greatest possible extent within the
context of the Open Space plan which will preserve 40 percent of the site in an
undeveloped condition. He further noted that this plan has been improved in the
revised submission, based, in part, on comments from Town land use commissions,
staff and consultants. Pawlak pointed out that the plan does provide for larger,
interconnected habitat areas, and that the integrity of the Wetland 7/13 mosaic
will be preserved by the elimination of the formerly proposed road crossing.
Mr. Pawlak clarified that he recommended that soil mixing not take
place between October and April in any areas where box turtles are suspected to
be hibernating, and that he did not provide exact locations of box turtle
sightings because of his concern that the information might come to the
attention of collectors.
Mr. Pawlak disagreed with Dr. Klemens' opinion that his 40.65 hours of field
work on a 363.89 acre site were insufficient for determining the existence of
blue-spotted salamanders, and ribbon or hog-nosed snakes. Pawlak stated that,
because approximately 200 acres of the site consists of currently or recently
cultivated fields, the area of the site that merited his investigation is far
less than 363.89 acres. He further stated that he conducted frequent and
thorough investigations of the areas of the site that could potentially be
utilized by the four cited Species of Special Concern, and it is his
professional opinion that the frequency and intensity of his investigation were
more than adequate to determine whether any of these species occurred on the
Meadowood site.
Mr. Pawlak addressed the suggestions by Barbara Callahan, Ph.D., that
alternatives to the proposed stormwater basins be considered and that proposed
basins have a normal or permanent interior pool of standing water. Pawlak
responded that, since the stormwater basins are located outside of the 75-foot
buffer zone, their construction is considered a non-regulated activity and,
therefore, does not fall under this commission's jurisdiction, and it would be
inappropriate for the commission to attempt to regulate them. Also, he stated
that wet ponds are not feasible on this site because their construction would
require a very deep excavation to get down to the water table. In response to
Dr. Callahan's suggestion that a monitoring and maintenance plan for the basins
be prepared, Mr. Pawlak stated that this is a reasonable request and the
applicant would be willing to prepare such a plan and document the survival of
vegetation.
Commissioner Miller asked for clarification of Mr. Pawlak's opinion that it
would be inappropriate for the commission to regulated beyond the 75-foot buffer
of the wetlands. Mr. Pawlak responded that one must look at the site-specific
conditions, and one cannot just assume that amphibians are making mass
migrations, over long distances, in all directions from the wetlands.
Chairman Beach asked if Mr. Pawlak felt that there may be migration of
spotted salamanders between Wetlands 1 and 2. Pawlak replied that it was highly
unlikely as the distance between the wetlands is in excess of 1000 feet and
salamanders generally do not migrate that far.
Commissioner Winters asked Mr. Pawlak to address the increase in mortality
of the amphibians with site development as opposed to the agricultural use. Mr.
Pawlak replied that he believes that the majority of migration is occurring
within the small wooded islands within 500 feet of the wetlands and very few of
the amphibians will cross the road.
Commissioner Nowak asked how far a salamander can migrate. Mr. Pawlak
replied that, according to studies, the majority of salamanders can migrate
approximately 534 feet.
Dr. Michael Klemens made a few follow-up comments. He stated that there is
no way of knowing for sure that the salamanders are not using the agricultural
fields for migration. Klemens also stressed that the commissioners must remember
that amphibians migrate not just for breeding, but for "gene flow"
between the "islands" described by Mr. Pawlak. If the amphibians are
not able to maintain "gene flow", they cannot survive.
Gordon Brookman, President of Environmental Risk Limited, addressed his
memos of June 29 and July 5, 2000. He stated that the major point in his memos
continues to be the definition of "hot spot". He has proposed at
previous hearings using a level of two times the standard as the "hot spot"
definition. Brookman said that Fuss and O'Neill originally had no definition of
"hot spot". They changed it to ten and now have lowered it to six. He
still does not feel this is appropriate.
Brookman also stated that the information received from New Jersey does not
contain similar conditions to the Meadowood site. For instance, most of the data
from New Jersey deals with arsenic and dieldrin, but does not deal with
chlordane. Also, in most of the cases, the data was in the neighborhood of
one-and-one-half to four times the cleanup standard. Two cases involved samples
which were as much as eight to ten times the cleanup standard. One of these two
sites also had 100,000 cubic yards of soil removed from the site. Brookman could
find no indication of what level of contamination was used to decide between
what was excavated and what was blended.
Brookman informed the commission that the results of resampling of the
one-acre pilot test plot by Fuss & O'Neill appear encouraging as no
chlordane was detected in the mixing zone soil, the soil beneath the mixing
zone, or the groundwater. Fuss & O'Neill suggests that volatilization is the
reason for the absence of chlordane. Brookman finds it hard to believe that all
the chlordane has disappeared since the last sampling two years ago. He has
asked Fuss & O'Neill to review their sampling and analytical protocols to
ensure the accuracy of the results.
Mr. Brookman was assisted by Emmanouil N. Anagnostou, Ph.D., a professor at
the University of Connecticut, to perform a statistical analysis of the pre- and
post-sampling plans. Dr. Anagnostou concluded that the current proposed sampling
plan is not sufficient.
Rich Afrigola, North Drive, asked Dr. Klemens if it was his opinion that the
amphibians may lay their eggs in the detention basins instead of the wetlands
and that the eggs would then dry out before they hatched. Dr. Klemens replied
that salamanders will migrate until they find water, then, thinking they have
found a wetlands they will lay their eggs. However, the area they have found may
not be sufficient for the eggs' development, hence they will dry up and die.
These areas are called decoy wetlands and it is a particular problem with
detention basins that are placed near breeding wetlands.
Emmanouil Anagnostou, environmental engineer and professor, reviewed the
main findings from his statistical investigation of the Meadowood East
development area chlordane concentration sample data. He found that the
chlordane concentration (ChC) exhibits significant spatial variability, which
indicates that the area-wide arithmetic average of ChC may not be a
representative value of the actual ChC value for individual locations within the
development area. Dr. Anagnostou also found that the estimation of the expected
value of ChC for each location within the development area is associated with
significant uncertainty, which is due to the limited number of available samples
and their location configuration. He referred to figures provided in his letter
dated July 5, 2000 to show that it is apparent that the difference between the
mean estimate and the sum of mean and the confidence level value (CL) magnifies
significantly when the CL changes from 80% to 95%. This indicates that
significantly more samples than are currently available are required to reduce
the CL values, and so increase the accuracy of the ChC mean estimates for every
single location within the development area.
Based on his available data, Dr. Anagnostou determined that ChC mean
estimates with CL decrease on the order of 80% would have an approximate final
relative error of 16% with respect to their value. When the CL decrease is 60%
and 40%, the relative error for the ChC estimated mean values would be 33% and
50%, respectively. Dr. Anagnostou recommended that the town should not accept a
relative error greater than 20% so that the sample size is large enough to
provide an appropriate confidence to the estimated ChC mean values.
Dr. Anagnostou's Figures 5 and 6 (upper left panels) also show the 95% CL
value reduction associated with the supplemental sampling locations proposed by
Fuss & O'Neill. He stated that the proposed sampling configuration is not
optimal as it leaves large regions with CL reduction of less than 40%. More
importantly, these regions are in the areas where the ChC mean values are
significantly above the critical level of 490 ug/Kg and should be estimated with
the highest accuracy. Furthermore, the areas where the developer plans to
densely sample do not seem to be that interesting form the point of ChC mean
values. Dr. Anagnostou recommended that, if the developer revises its proposed
sampling plan, they take into consideration the suggestive plans of Figures 5
and 6.
Dr. Anagnostou recommended that the same spatial statistical analysis be
performed for Meadowood West.
Dr. Anagnostou stated that he was also asked to review the developer's
proposal for supplementary studies submitted to the Planning Department on June
19, 2000.
Dr. Anagnostou reiterated his finding that the 50 supplemental samples in 30
random locations proposed by the developer for Meadowood East are not optimal.
His analysis shows that, if the town desires ChC estimates with errors less than
20%, they should require at minimum 75 supplemental samples at .25 feet soil
depth and 100 supplemental samples at 1 foot soil depth. Dr. Anagnostou also
proposed a different location for the pilot test area of soil mixing. The pilot
test area proposed by the developer and the alternative area proposed by Dr.
Anagnostou are shown in his Figure 7 along with the estimated values of mean
ChC. His suggested pilot test area covers the region with the most critical ChC
values. Anagnostou stated that the proposed 50 sampling locations is adequate to
offer errors of less than 5%-8% within the pilot test area.
Dr. Anagnostou commented on the developer's statement in their proposal
regarding the SW-846 calculations. He stated that these calculations offer an
estimate of the sampling size that is adequate for evaluating an area-wide
average value. It cannot be used to determine the area-average value's
representativeness to the expected value of an individual location within the
area. This can only be determined through spatial statistics that evaluate the
spatial variability of the value.
Dr. Anagnostou went on to recommend that, if sod remediation is completed,
an additional 50 to 75 soil samples be collected at the same locations as shown
in his Figures 5 and 6 to verify with confidence that the soil has reached ChC
values below the required level. He also suggested that the town should not
accept as representative estimate of the ChC value the area-wide arithmetic
average as it may diverge significantly from the actual ChC values for different
locations within the development area. Anagnostou recommended that new spatial
analysis be conducted in order for the town to make its decision based on
objective criteria and information.
Commissioner Sharpless noted that the applicant has demonstrated a
disinterest in spatial variability and asked Dr. Anagnostou if he agreed that,
in 1995, when the applicants began their measurements of contamination they
should have considered spatial analysis. Dr. Anagnostou agreed. Commissioner
Sharpless then suggested that, by conducting random sampling thereafter, the
applicants really weren't accomplishing anything that is useful. Dr. Anagnostou
agreed.
Chairman Beach asked if Dr. Anagnostou was suggesting that an additional 50
to 75 samples be taken or sites be evaluated. Anagnostou replied that he
was referring to additional sites.
Commissioner Sharpless asked if there are other techniques that could have
been used to examine "hot spots" when high values were found. He also
asked if there should have been some sampling techniques applied near those "hot
spots" in order to locate their centers and their boundaries. Anagnostou
replied that, optimally, one would start with a few samples from random
locations spread throughout the area. When certain higher values are found one
would sample at locations which would cover many different inter-sampled
distances so that that would provide some adequate information to provide some
correlation versus distance estimates. That, eventually, will give one an idea
of how to go about doing the final sampling.
Commissioner Yocom asked about sampling on a grid basis and, then, if more
information is needed, one increases the density, but stays within a definite
pattern. Dr. Anagnostou replied that that would be a good approach if there is
zero correlation between any given points in your field, or if the variability
is completely random. One would still want to increase the sample locations over
areas of higher concentration and decrease it over areas of lower concentration.
Jim Gozzola, Briarwood Drive, asked what value sampling has if the one who
is performing the sampling has a bias. Commissioner Sharpless replied that some
information is obtained, but at a very low confidence level.
Bob Potterton, engineer, stated that the applicants, as a condition of
approval, are willing to follow the recommendations made by Dr. Anagnostou for
pre- and post-mixing sampling on the site, and conducting the ten-acre mixing
pilot test in the area that was recommended by Dr. Anagnostou, as opposed to the
area originally proposed by the applicants. The applicants are willing to
accept, as a condition of approval, the successful completion of the pilot test
and the demonstration of consistency with remediation standard regulations.
Also, if the commission feels samples should be taken on the western portion of
the site, the applicant is willing to do that.
Potterton took exception to Mr. Brookman's comment that the data from New
Jersey was not similar to this site because the data that was exceeded in many
of the New Jersey sites was 1.5 to 4 times the cleanup standard. Mr. Potterton
said that very few samples from Meadowood East exceeded that standard. Most
importantly, Mr. Potterton stated, is that the applicants have demonstrated
through pilot testing that soil mixing will work very well on this site. He also
stated that the applicants have conducted their sampling and analysis in
accordance with very strict procedures and protocols.
Mr. Potterton defined a "hot spot" as being two times the RSRs. He
stated that, when soil remediation is completed, there will not be any areas on
the site that exceed twice the criteria of RSRs.
Mr. Potterton sought to clear up confusion by staff as to which areas will
have soil mixing and which areas will have excavation. He stated that the areas
surrounding Wetlands 2 and 10 will have soil removal and no mixing. After the
initial six inches of material is removed from those areas, the intent is to do
post-remediation sampling of those areas. If any of the sampling indicates that
any area is not in compliance with the RSRs, additional soil will be removed up
to 1.5 feet, if necessary.
In response to Wayne Cobleigh's question regarding comparison of the water
table levels between May 1999 and April 2000, Mr. Potterton stated that the
April 2000 water level was one foot higher than in May 1999 in well 1, and six
feet, two inches higher than in May 1999 in well 6. In response to Cobleigh's
concern about leeching fields, Mr. Potterton pointed out that he had performed
extensive testing and post-remediation samples and none of the samples leeched.
Therefore, the post-mixing soils do not have a potential to leech.
Gordon Brookman clarified that he had not recommended that additional
sampling be performed at Meadowood West, rather that the spatial statistical
analysis be performed for that area.
Tim Hollister, attorney, stated that the applicants have proposed that
Meadowood be a common-interest ownership community, applying even to those who
would be the owners of the individual, sub-divided lots. All owners will be
members of the association. The applicants have proposed to the DEP that, within
the common interest ownership documents governing the entire community, there be
an agreement with the association through insurance or some other financial
mechanism to indemnify owners of those individual lots from any claims of dry
well contamination emanating from those lots. Hollister stated that the
applicants would accept this as a condition of approval.
Commissioner Miller asked what the fee per property owner would be for such
an insurance policy. Mr. Hollister replied that the fee had not yet been
discussed.
Kevin Miller stated that the applicants were surprised to see negative
results when the pilot test area's soils were re-sampled and tested for
chlordane. He speculated that this may have been due to volatilization as a
result of increased surface area post-mixing.
Miller also stated that he does not believe that the burning of tobacco with
residual chlordane on the leaves would generate a significant amount of dioxin
to cause any significant risk to human health. Therefore, the applicants have
not tested for dioxins.
David Lord, Soil Scientist and Environmental Consultant, reviewed his letter
to Laurie Whitten, dated July 2, 2000, regarding the proposed soil erosion and
sedimentation controls during the proposed soil mixing operations. He suggested
that the General Construction Sequence prepared by the applicants needs to be
more detailed. He stated that the note on the written sequence indicating that a
detailed schedule of construction would be provided at a later date may prohibit
review by the commission or town staff if not so stipulated.
Mr. Lord also recommended that the disturbed areas within the soil mixing
process should be permanently stabilized immediately following the mixing and
not left for two to three days as indicated in the construction sequence. He
also noted that no procedure is described for additional control measures that
may be required.
Mr. Lord went on to point out that no details are provided for structural
measures listed on page 4-3, and that the structural measures are not given any
specific locations. He stated that they will most likely be necessary given the
large amounts of land area to be open at any one time. In addition, no
maintenance schedule is provided for the erosion and sedimentation control
measures listed on drawing SMP-2. Details should include such items as cleanout
specifications and haybale replacement intervals.
Mr. Lord also noted that no specifications are provided for temporary or
permanent seeding measures, or mulching. Specific details for the ultimate
disposal of all sediments collected within erosion and sedimentation control
measures should also be provided.
In addition, the erosion control measures listed on SMP-2 are not indicated
by symbols on SMP-1. Mr. Lord stated that this can make installation and
inspections difficult.
Finally, Mr. Lord noted that the soil erosion and sediment control measures
proposed for areas within the wetland buffer zones do not appear to adequately
address the issue of potential movement of fine soil particles and organic
matter to adjacent wetlands. He stated that sediment filter fencing is, at most,
75% effective in trapping sediments. The remaining 25% contains fine soil
particles which generally pass through sediment filter fencing.
Tim Hollister asked Mr. Brookman if, given the fact that results have been
received from the one-acre pilot soil mixing test and the applicant has made
several revisions to the soil mixing plan at Mr. Brookman's request, he can say
that the soil mixing plan is likely to create an unreasonable risk to human
health.
Mr. Brookman replied that it has been opinion from the beginning that, with
the right type of data characterization and the right type of soil mixing plan,
this plan could work. He does not feel that the plan is at the point where he
can be assured that the health of the residents who live there and the
environment will not suffer.
Mr. Hollister asked Mr. Brookman to tell him all the things he felt needed
to be changed in order to satisfy him.
Mr. Brookman replied that he could not think of all the things off the top
of his head, but that he would review the plan once more and compile a list of
recommendations to be provided to the applicants on Monday, July 10, 2000.
Roger Kellman, of F. A. Hesketh & Associates, responded to the letter
from David Lord. He stated that the soil erosion and sedimentation control and
stormwater management plans are perfectly acceptable at the point in time that
we're at and at the scale that we're working at. Kellman noted that there are
always details that are added as conditions are placed and as one gets further
along in the process. He also stated that there is generally an "overuse"
of the soil erosion and sedimentation control plans. Kellman said that one
cannot have a more detailed "General Construction Sequence" until
there is a pre-construction meeting with a contractor. He also noted that soil
stabilization within two to three days is "immediately" in the "real
world" of construction.
Mr. Kellman stated that the DEP and the General Permit Regulations dictate
when soil erosion and sediment control measures are necessary. In addition, the
town can monitor the site and determine when additional controls are required.
Kellman replied to Mr. Lord that the details, including specific locations,
for the erosion and sedimentation control structural measures were included in
the original plan. He also stated that he is relatively certain that the
stormwater management plan includes a maintenance schedule.
Mr. Kellman stated that specifications for seeding measures will be prepared
after post-mixing sampling is completed. He did not think mulch would be needed.
Finally, Mr. Kellman explained that sediments collected within the control
measures would be deposited in upland areas, and that symbols for the control
measures listed on SMP-2 will be added to SMP-1.
Mr. Kellman quickly reviewed his memo to the commission dated July 6, 2000,
regarding Rich Sawitzke's June 27, 2000 memo.
Commissioner Miller asked Mr. Kellman if he was agreeing to follow all of
the recommendations in David Lord's letter. Kellman replied that he was willing
to do it all.
Wayne Cobleigh, of North Simsbury Coalition, handed out excerpts from, and
referenced, the book, Our Childrens' Toxic Legacy, by John Yargo, in
which Mr. Yargo concludes that science and law have failed to protect people
from the harmful effects of pesticides. Cobleigh stated that he wanted to let
the commissioners know that he thinks it's okay for them to be skeptical about
the risks associated with soil mixing since the soil mixing process will release
soil sediment particles containing pesticides into the air.
Cobleigh reminded the commission that, in March, he had given testimony
indicating his concern that volatilization might have been introduced through
the sampling method and he was told by the engineers from Fuss & O'Neill
that there was no way the chlordane had volatilized because it was a residue
that almost behaves like solids. He noted that, now that they need a theory as
to why there is suddenly no chlordane evident in the soil, they are embracing
the theory of volatilization.
Cobleigh also reminded the commission of a letter that was received in March
from Dr. Joe Pignoterro of the Connecticut Agricultural Experiment Station in
which he concluded that the soil mixing hypothesis of thinking that the
materials will not migrate to groundwater when there is less organic material or
when the soil is changed due to mixing, is just that--a hypothesis--and
Mr. Cobleigh suggested that the applicants are proposing to conduct this 150
acre "experiment" on a grand scale in the Town of Simsbury. Cobleigh
wanted to make sure that this letter remains a part of the public record.
Tim Hollister suggested that the hearing remain open and continued until
Monday, July 10, at which time he will provide a written list of the things the
applicants have agreed to do as conditions of approval. He also requested that
Mr. Brookman let him know at that meeting what Mr. Brookman would like added to
the soil mixing plan to make it "acceptable" to him.
Jim Gozzola, Briarwood Drive, expressed his concern regarding air pollution
related to soil mixing affecting current residents at the beginning of
construction, before anyone actually moves on to the site
A motion was made by Commissioner Clayberger to continue the public
hearing until Monday, July 10, 2000 at 7:30 P. M. at the Simsbury High School
Amphitheater. Seconded by Commissioner Nowak and unanimously approved
IV. RECEIPT OF APPLICATIONS
A. St. Catherine of Siena, Stratton Brook Drive, application to
construct a shed.
V. ADJOURNMENT
A motion was made by Commissioner Clayberger to adjourn the meeting at
11:49 P. M. Seconded by Commissioner Miller and carried unanimously.
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